Compiler's Note The Journal of the House of Representatives regular session of 1985 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume. Volume I contains January 14, 1985 through February 20, 1985. Volume II contains February 21, 1985 through March 8, 1985 regular session. JOURNAL OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA AT THE REGULAR SESSION Commenced at Atlanta, Monday, January 14, 1985 and adjourned Friday, March 8, 1985 VOLUME II 1985 Atlanta, Ga. THURSDAY, FEBRUARY 21, 1985 1299 Representative Hall, Atlanta, Georgia Thursday, February 21, 1985 The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker. By unanimous consent, the call of the roll was dispensed with. Prayer was offered by the Reverend Gene Huckaby, Foreign Mission Board, Southern Baptist Convention, Marietta, Georgia. Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 923. By: Representative McKinney of the 35th: A BILL to amend an Act creating the Board of Commissioners of Fulton County, so as to change the provisions relating to the election of the chairman by the members of the board; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 924. By: Representative Bray of the 91st: A BILL to amend Code Section 10-1-451 of the Official Code of Georgia Annotated, relating to civil relief for trademark and service mark infringement, so as to provide that an order for ex parte seizure of counterfeits may be issued only upon a finding that the counterfeit goods are likely to be improperly disposed of; and for other purposes. Referred to the Committee on Special Judiciary. HB 925. By: Representative Waddle of the 113th: A BILL to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the definition 1300 JOURNAL OF THE HOUSE, and method of computation of taxable net income, so as to change the definition and computation of taxable net income; to provide that taxable net income shall not include federal income tax paid; to provide that taxable income shall include any federal income tax refund; and for other purposes. Referred to the Committee on Ways & Means. HB 926. By: Representatives Coleman of the 118th, Lee of the 72nd, Burruss of the 20th, and Connell of the 87th: A BILL to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to declare the second Monday in February of each year as "Law Enforcement Officer Appreciation Day" in Georgia; and for other purposes. Referred to the Committee on Public Safety. HB 927. By: Representatives Watson of the 114th, Waddle of the 113th, and Walker of the 115th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which provided that in Houston County, in addition to the county seat, branch offices may be established by the governing authority of the county for the conduct of county business and by the board of education for the conduct of matters pertaining to education; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 928. By: Representatives Watson of the 114th, Waddle of the 113th, and Walker of the 115th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorized the Board of Education of Houston County to make grants for the purpose of educating or training certain handicapped citizens of Houston County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 929. By: Representatives Watson of the 114th, Waddle of the 113th, and Walker of the 115th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorized the General Assembly to create a special court in Houston County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 930. By: Representatives Watson of the 114th, Waddle of the 113th, and Walker of the 115th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which created the Houston County Development Authority; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 931. By: Representatives Mueller of the 126th and Chance of the 129th: A BILL to authorize the governing authority of Bryan County to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. THURSDAY, FEBRUARY 21, 1985 1301 HB 932. By: Representative Morton of the 47th: A BILL to amend Code Section 40-5-120 of the Official Code of Georgia Annotated, relating to unlawful uses of drivers' licenses, so as to declare that a driver's license used to commit certain crimes involving drivers' licenses shall be declared contraband; to provide for the seizure and disposition of contraband drivers' licenses; and for other purposes. Referred to the Committee on Motor Vehicles. HB 933. By: Representative Ross of the 82nd: A BILL to amend an Act creating the board of commissioners of Lincoln County, so as to change the compensation of the chairman of the board of commissioners of Lincoln County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 934. By: Representative Bostick of the 138th: A BILL to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions applicable to offenses against public health and morals, so as to prohibit the baiting of animals; and for other purposes. Referred to the Committee on Special Judiciary. HB 935. By: Representatives Bostick of the 138th and Carter of the 146th: A BILL to amend an Act creating a board of commissioners for Tift County, so as to provide for a bid system for purchases and contracts by the county; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 936. By: Representatives Aaron of the 56th, Dean of the 29th, Brown of the 88th, and Atkins of the 21st: A BILL to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to certain prohibited acts in the sale and distribution of alcoholic beverages, so as to provide that a retail dealer or an employee of a retail dealer may arrest an underage person who misrepresents his or her age for the purpose of obtaining alcoholic beverages; and for other purposes. Referred to the Committee on Regulated Beverages. HB 937. By: Representatives Smith of the 16th, McKelvey of the 15th, and Childers of the 15th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation of the Rome-Floyd County Development Authority and provisions for its powers, authorities, funds, purposes, and procedures connected therewith; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 938. By: Representative Pettit of the 19th: A BILL to amend Code Section 18-4-110 of the Official Code of Georgia Annotated, relating to rights to obtain process of continuing garnishment, so as to provide for continuing garnishments based upon judgments obtained in federal courts sitting in this state; and for other purposes. Referred to the Committee on Judiciary. 1302 JOURNAL OF THE HOUSE, HB 939. By: Representatives Mueller of the 126th, Ransom of the 90th, Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, and others: A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that in elections generally and in municipal elections no provision shall be made on ballots, voting machines, or vote recorders for voting a straight party or body ticket; to change the provisions relating to methods of casting ballots in elections generally and in municipal elections; and for other purposes. Referred to the Committee on State of Republic. HB 940. By: Representatives Dean of the 29th, Ray of the 98th, Dunn of the 73rd, Martin of the 60th, Daugherty of the 33rd, and others: A BILL to amend Code Section 16-10-22 of the Official Code of Georgia Annotated, relating to conspiracy in restraint of free and open competition and conspiracy in restraint of trade in transactions with the state or political subdivisions, so as to provide that persons who are convicted of or who plead guilty to certain violations shall be ineligible to submit a bid on, enter into, or participate in certain contracts for a period of ten years; and for other purposes. Referred to the Committee on Special Judiciary. HB 941. By: Representatives Lawler of the 20th, Cooper of the 20th, Aiken of the 21st, Atkins of the 21st, Johnson of the 21st, and Wilder of the 21st: A BILL to amend an Act creating the State Court of Cobb County, so as to change the amount of the bond which the clerk of the state court shall post; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 271. By: Representatives Wilder of the 21st, Atkins of the 21st, Johnson of the 21st, Wall of the 61st, Aiken of the 21st, and others: A RESOLUTION urging the President and the Congress of the United States to support an amendment to the United States Constitution requiring a balanced budget for the federal government and urging the immediate implementation of the recommendations of the Grace Commission; and for other purposes. Referred to the Committee on Rules. HR 272. By: Representatives Brooks of the 34th, Daugherty of the 33rd, McKinney of the 35th, Sinkfield of the 37th, Dean of the 29th, and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that members of the State Board of Pardons and Paroles shall be elected rather than appointed; and for other purposes. Referred to the Committee on Judiciary. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 893 HB 894 HB 895 HB 896 HB 897 HB 898 HB 899 HB 900 HB 901 HB 902 HB 903 HB 904 HB 905 HB 906 HB 907 HB 908 THURSDAY, FEBRUARY 21, 1985 1303 HB 909 HB 910 HB 911 HB 912 HB 913 HB 914 HB 915 HB 916 HB 918 HB 920 HR 92? HR 922 HrmR Mio7/ HHnnRP 29io3oQ8 HR 240 S? 26 SB 2^9 C|BR ^ ," SBR 8JfJi SB 110 SR 112 SR m SSBB 1321 SB 134 SB 136 SSBB 113378 SB 140 SB 147 SB 148 SB 149 SB 153 SB 160 SB 161 SB 162 SB 163 SB 164 SB 165 SB 169 SB 170 ^IR 1 ft1 CD ice SB 191 SB 199 SB 20 gSBg 22Q024 QoBDn 2n9/0i\5nc | 2J SB 216 SSBB 221178 SSBB 221209 SB 226 SSBB 223208 SB 233 SB 235 SB 236 1|BB 224J* gj * g" USKJ 9a2d SR 94 SR 96 SR 102 SR 106 SR 118 Representative McDonald of the 12th District, Chairman of the Committee on Appropriations, submitted the following report: Mr. Speaker: Your Committee on Appropriations has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 625 Do Pass, as Amended HB 270 Do Pass, by Substitute HR 113 Do Pass, as Amended Respectfully submitted, McDonald of the 12th Chairman 1304 JOURNAL OF THE HOUSE, Representative Wood of the 9th District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report: Mr. Speaker: Your Committee on Defense & Veterans Affairs has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 260 Do Pass Respectfully submitted, Wood of the 9th Chairman Representative Ross of the 82nd District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 82 Do Pass, by Substitute Respectfully submitted, Ross of the 82nd Chairman 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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 846 Do Pass SB 94 Do Pass SR 91 Do Pass Respectfully submitted, Rainey of the 135th Chairman Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report: Mr. Speaker: Your Committee on Health & Ecology has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: SB 139 Do Pass, as Amended HB 487 Do Pass, by Substitute HB 233 Do Pass HB 793 Do Pass HB 826 Do Pass THURSDAY, FEBRUARY 21, 1985 1305 Respectfully submitted, Childers of the 15th Chairman Representative Milford of the 13th District, Chairman of the Committee on Industrial Relations, submitted the following report: Mr. Speaker: Your Committee on Industrial Relations has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: SB 10 Do Pass SB 12 Do Pass HB 764 Do Pass Respectfully submitted, Milford of the 13th Chairman Representative Evans of the 84th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 182 Do Pass HB 539 Do Pass, by Substitute HB 633 Do Pass, by Substitute HR 171 Do Pass Respectfully submitted, Evans of the 84th Chairman Representative Dixon of the 151st District, Chairman of the Committee on Regulated Beverages, submitted the following report: Mr. Speaker: Your Committee on Regulated Beverages 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 414 Do Pass, by Substitute Respectfully submitted, Dixon of the 151st Chairman Representative Johnson of the 72nd District, Chairman of the Committee on Retirement, submitted the following report: Mr. Speaker: 1306 JOURNAL OF THE HOUSE, Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 417 Do Pass Respectfully submitted, Johnson 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 Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 735 Do Pass, by Substitute SB 130 Do Pass SB 173 Do Pass Respectfully submitted, Daugherty of the 33rd 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 91 Do Pass, by Substitute Respectfully submitted, Adams of the 36th Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 860 Do Pass HB 861 Do Pass HB 862 Do Pass HB 864 Do Pass HB 865 Do Pass HB 866 Do Pass HB 868 Do Pass HB 869 Do Pass HB 870 Do Pass HB 871 Do Pass HB 872 Do Pass HB 877 Do Pass HB 878 Do Pass HB 879 Do Pass HB 880 Do Pass HB 882 Do Pass HB 890 Do Pass HR 232 Do Pass THURSDAY, FEBRUARY 21, 1985 1307 Respectfully submitted, Adams of the 36th Chairman Representative Triplett of the 128th District, Chairman of the Committee on Transportation, submitted the following report: Mr. Speaker: Your Committee on Transportation has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 79 Do Pass, as Amended HR 101 Do Pass HR 200 Do Pass HR 174 Do Pass HR 235 Do Pass HR 236 Do Pass Respectfully submitted, Triplett of the 128th 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 following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 709 Do Pass, by Substitute HR 199 Do Pass Respectfully submitted, Buck of the 95th Chairman Representative Wilson of the 20th District, Chairman of the Committee on Ways & Means, submitted the following report: Mr. Speaker: Your Committee on Ways & Means has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 477 Do Pass HB 590 Do Pass HB 624 Do Pass HB 649 Do Pass, by Substitute SB 116 Do Pass, by Substitute Respectfully submitted, Wilson of the 20th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, FEBRUARY 21, 1985 Mr. Speaker and Members of the House: 1308 JOURNAL OF THE HOUSE, The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below: HB 125 HB 277 HB 408 HB 461 HB 464 HB 485 HB 565 HB 601 HB 614 HB 655 HB 679 HB 681 Ad Valorem Tax: File Return Historic Areas: Amend Dept. Natural Resources Provisions Income Tax Returns: Fraud: Penalty Personal Care Homes: Personnel Record Checks Peace Officer Standard/Training Council: Powers St. Govt: Unemployment Compensation Claims: Payment State Defense Force: Name Changed Motor Vehicle Accidents: Damages: Financial Responsibility Family Violence Shelters: Emp. Assist Petitioners Motor Carriers: Appeals: Heard By Public Service Comm. Barbershops: Employ Certain Persons: Licensing Labor Dept.: Exclude Cert. Positions from Classified Serv. HR 51 Baldwin Co.: Board of Commissioners: Compensate HR 106 Jt. Study Comm. on Superior Court Judgeships: Create SB 43 Sheriffs: Salary ALL APPROPRIATIONS COMMITTEE APPROVED COMPENSATION RESOLUTIONS 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 Resolution of the House were taken up for consideration and read the third time: HB 860. By: Representative Oliver of the 121st: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Tattnall County Industrial 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 861. By: Representative Oliver of the 121st: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to provide by law for the election of the members of the Board of Education of Tattnall 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. THURSDAY, FEBRUARY 21, 1985 1309 HB 862. By: Representative Oliver of the 121st: A BILL to amend an Act creating a new charter for the City of Glennville, so as to provide for election of the mayor and council; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 864. By: Representative Ramsey of the 3rd: A BILL to amend an Act placing the coroner of Murray County on an annual salary, so as to change the provisions relating to 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. HB 865. By: Representative Ramsey of the 3rd: A BILL to amend an Act placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County upon an annual salary, so as to change the provisions relating to the compensation of said officers; and for other purposes. The report 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 866. By: Representative Ramsey of the 3rd: A BILL to amend an Act creating the office of commissioner of Murray County, so as to change the provisions relating to 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. HB 868. By: Representative Smith of the 152nd: A BILL to amend an Act providing for the election of the board of education of Bacon County, so as to change the compensation of the chairman and members of the board; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 1310 JOURNAL OF THE HOUSE, HB 869. By: Representatives Twiggs of the 4th and Colwell of the 4th: A BILL to abolish the office of treasurer of Towns 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 870. By: Representatives Dover of the llth and Jamieson of the llth: A BILL to amend an Act creating a board of commissioners for Habersham County, so as to change the commissioner districts; to change the provisions relative to the election of the 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 871. By: Representative Lee of the 70th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the provision of a homestead exemption for residents of the City of Bowdon in an amount to be fixed by the city governing authority at not more than $2,000.00 from all City of Bowdon ad valorem taxes; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 872. By: Representatives Walker of the 85th, Cheeks of the 89th, and Ransom of the 90th: A BILL to amend an Act creating a merit system of employment and personnel administration for employees of the sheriff in Richmond County and creating the Richmond County Sheriffs Merit System Board, so as to change the powers, duties, and responsibilities of the Richmond County Sheriffs Merit System 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 877. By: Representatives Davis of the 45th, Williams of the 48th, Morton of the 47th, Robinson of the 58th, Lawrence of the 49th, and others: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment granting jurisdiction to the Recorder's Court of DeKalb County to try and dispose of all offenses and offenders against any ordinance of DeKalb County controlling animals; and for other purposes. THURSDAY, FEBRUARY 21, 1985 1311 The report 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 878. By: Representatives Davis of the 45th, Williams of the 48th, Morton of the 47th, Robinson of the 58th, Lawrence of the 49th, and others: A BILL to make provisions for the Magistrate Court of DeKalb County; to provide for the selection, qualifications, disqualifications, number, vacancies, and compensation of the chief magistrate and magistrates; to provide that certain minimum compensation laws shall not apply to magistrates of 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 879. By: Representatives Davis of the 45th, Williams of the 48th, Morton of the 47th, Robinson of the 58th, Lawrence of the 49th, and others: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia those constitutional amendments authorizing the General Assembly to empower the Board of Commissioners of DeKalb County to enact ordi- nances for the policing and governing of said county and to provide penalties for violation of such ordinances; and for other purposes. The report 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 880. By: Representatives Logan of the 67th, Argo of the 68th, Clark of the 13th, and Milford of the 13th: A BILL to amend an Act creating the board of commissioners of Clarke County, so as to change the compensation of 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 882. By: Representatives Byrd of the 153rd, Moody of the 153rd, and Smith of the 152nd: A BILL to amend an Act creating the office of Commissioners of Roads and Revenues of Brantley County, so as to change the compensation of the chairman and the 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. 1312 JOURNAL OF THE HOUSE, On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 890. By: Representatives Waddle of the 113th and Watson of the 114th: A BILL to amend an Act incorporating the City of Centerville, so as to change the provisions relating to qualifications of candidates for election to the office of mayor or councilman; and for other purposes. The report 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 232. By: Representatives Steinberg of the 46th, Alford of the 57th, Robinson of the 58th, Redding of the 50th, Workman of the 51st, and others: A RESO- LUTION to create the DeKalb County Land Use Study Commission to study matters relating to the implementation and enforcement of a land use plan for DeKalb 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 ayes were 110, 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 by the requisite constitutional majority the following Bills of the Senate and House: SB 221. By: Senators Coverdell of the 40th, Bond of the 39th, Langford of the 35th, and Engram of the 34th: A BILL to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to authorize the creation of a county board of health by ordinance in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980; and for other purposes. HB 399. By: Representatives Felton of the 22nd and Colbert of the 23rd: A BILL to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, so as to change the provisions relative to the description of certain education districts; and for other purposes. HB 469. By: Representative Colbert of the 23rd: A BILL to amend an Act establish- ing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), so as to revise certain costs and service fees charged by the clerk and marshal of said court; and for other purposes. HB 533. By: Representatives Pettit of the 19th and Childers of the 15th: A BILL to amend an Act placing certain of the county officers of Bartow County upon THURSDAY, FEBRUARY 21, 1985 1313 an annual salary, so as to change the compensation of the sheriff, the clerk of the superior court, and the judge of the Probate Court of Bartow County; and for other purposes. HB 537. By: Representatives Pettit of the 19th and Childers of the 15th: A BILL to provide for the compensation of the chief magistrate of the Magistrate Court of Bartow County; and for other purposes. HB 589. By: Representatives Auten of the 156th and Ramsey of the 155th: A BILL to amend an Act creating a board of commissioners of Glynn County, so as to change the compensation of the chairman and members of the board; and for other purposes. HB 634. By: Representative Greer of the 39th: 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 provide for additional purposes for which the authorized one-half mill park improvement levy may be used; and for other purposes. HB 646. By: Representatives Auten of the 156th and Ramsey of the 155th: A BILL to amend an Act establishing a salary system for the coroner of Glynn County, so as to change the compensation of the coroner; and for other purposes. HB 722. By: Representatives Martin of the 60th, Wall of the 61st, Barnett of the 59th, and Bannister of the 62nd: A BILL to amend an Act providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city; and for other purposes. HB 749. By: Representative Yeargin of the 14th: A BILL to amend an Act establishing the State Court of Elbert County, so as to change the terms of said court; to change the provisions relating to the salaries of the judge and solicitor; to change the provisions relating to the clerk; and for other purposes. HB 750. By: Representative Greene of the 130th: A BILL to amend an Act abolishing the method of compensating the sheriff of Stewart County known as the fee system and providing in lieu thereof an annual salary, so as to change provisions relating to the compensation of the sheriff; and for other purposes. HB 751. By: Representative Greene of the 130th: A BILL to amend an Act abolishing the mode of compensating the clerk of the superior court and the judge of the probate court in Stewart County known as the fee system, so as to change provisions relating to the compensation of such officers; and for other purposes. HB 752. By: Representative Greene of the 130th: A BILL to amend an Act increasing the compensation of the tax commissioner of Stewart County, so as to change provisions relating to the compensation of the tax commissioner; and for other purposes. HB 758. By: Representative Jackson of the 65th: A BILL to amend an Act providing for a change in the compensation of certain Walton County officers, so as to change the expense allowance of the chairman of the board of commissioners; and for other purposes. 1314 JOURNAL OF THE HOUSE, HB 759. By: Representative Jackson of the 65th: A BILL to amend an Act creating a board of commissioners of Walton County, so as to change the compensation of the members of the board; and for other purposes. HB 778. By: Representative Balkcom of the 140th: A BILL to abolish the present mode of compensating the clerk of the Superior Court of Early County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes. HB 780. By. Representative Heard of the 43rd: A BILL to grant exemptions from Fayette County School District ad valorem taxation to certain elderly and disabled residents of Fayette County; to provide the amount of and qualifications for said exemptions; and for other purposes. HB 782. By: Representative McDonald of the 12th: A BILL to amend an Act creating the office of tax commissioner of Jackson County, placing the clerk of the superior court, the sheriff, the judge of the probate court, and the tax commissioner on a salary basis of compensation and providing for the compensation of the chairman and members of the Board of Commissioners of Jackson County, so as to change the compensation of the chairman and other members of the board of commissioners; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House: HB 90. By: Representatives Walker of the 115th, Jackson of the 9th, Porter of the 119th, Benefield of the 72nd, and Smyre of the 92nd: A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to revise certain Code sections relating to criminal penalties, administrative sanctions, procedures, and other related matters for the offense of driving under the influence of alcohol or drugs and of other serious traffic offenses; and for other purposes. HB 229. By: Representatives Murphy of the 18th, Burruss of the 20th, Connell of the 87th, Evans of the 84th, McDonald of the 12th, and Wilson of the 20th: A BILL to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change the provisions relating to reimbursable expenses for members of the General Assembly; and for other purposes. HB 370. By: Representative Robinson of the 58th: A BILL to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," so as to provide certain exclusions from the definition of a health spa; and for other purposes. HB 404. By: Representatives Isakson of the 21st, Burruss of the 20th, Wilson of the 20th, Atkins of the 21st, Johnson of the 21st, and others: A BILL to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to provide for tax collectors to instruct taxpayers that checks or money orders for the payment of taxes shall be made payable to the county to which the taxes are due; and for other purposes. The Senate has adopted, as amended, by the requisite constitutional majority the following Resolution of the House: THURSDAY, FEBRUARY 21, 1985 1315 HR 153. By: Representatives Godbee of the 110th and Bargeron of the 108th: A RESOLUTION declaring the farmer to be an endangered species; urging the United States Congress to take action; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolutions of the House: HR 20. By: Representatives Hooks of the 116th and Walker of the 115th: A RESOLUTION authorizing and directing the Department of Natural Resources to erect a historical marker on State Route 49 at the entrance to Souther Field in Americus, Georgia, honoring Charles A. Lindbergh; and for other purposes. HR 90. By: Representative Royal of the 144th: A RESOLUTION authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia; and for other purposes. HR 100. By: Representatives Phillips of the 120th and Murphy of the 18th: A RESOLUTION designating "Garden Week" in Georgia; and for other purposes. HR 111. By: Representatives Colwell of the 4th and Johnson of the 72nd: A RESOLUTION authorizing the State of Georgia, acting by and through the State Properties Commission, to enter into a lease agreement with Southern Railway Company concerning certain state owned real property located in Chattanooga, Tennessee; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate: HB 94. By: Representatives Walker of the 115th, Wilson of the 20th, Smyre of the 92nd, Benefield of the 72nd, Kilgore of the 42nd, and others: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from the sales and use tax, so as to extend the time period during which the sale of solar energy equipment is exempt; and for other purposes. HB 190. By: Representatives Sizemore of the 136th, Bray of the 91st, Benefield of the 72nd, Beck of the 148th, Holcomb of the 72nd, and others: A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that librarians of municipal and county public libraries in this state shall be authorized to choose to serve as deputies to county and municipal boards of registrars for the purpose of taking applications for registration and registering qualified applicants as electors; and for other purposes. HB 340. By: Representatives Kilgore of the 42nd and Williams of the 6th: A BILL to amend Code Section 48-5-137 of the Official Code of Georgia Annotated, relating to tax commissioners and tax collectors acting as ex officio sheriffs, so as to provide that any tax collector or tax commissioner who so acts as an ex officio sheriff shall be entitled to certain compensation in addition to any other compensation; and for other purposes. HB 371. By: Representative Robinson of the 58th: A BILL to amend Code Section 10-1-416 of the Official Code of Georgia Annotated, relating to purchaser's remedies, restraining violations, violations which constitute an unfair or 1316 JOURNAL OF THE HOUSE, deceptive act, and penalties for violations, so as to provide that purchasers of business opportunities shall have one year to cancel for failure of the seller to register with the administrator; and for other purposes. HB 413. By: Representatives Athon of the 57th, Mangum of the 57th, Alford of the 57th, Childs of the 53rd, Clark of the 55th, and others: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the levy and collection of a tax on alcoholic beverages in DeKalb County and municipalities therein and the allocation of the proceeds of said tax for educational purposes; and for other purposes. HB 488. By: Representatives Bishop of the 94th and Dixon of the 151st: A BILL to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to clarify what shall be declared as contraband by adding certain items to the list of contraband items; to clarify the requirement that persons involved in the manufacture, distribution, sale, handling or possession for sale of, or otherwise dealing in, alcoholic beverages shall comply with all licensing, regulatory, and revenue requirements; and for other purposes. HB 558. By: Representatives Redding of the 50th, Bishop of the 94th, Dixon of the 151st, Lupton of the 25th, Dean of the 29th, and others: A BILL to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages, generally, so as to require counties and municipalities to notify the Department of Revenue whenever the holder of any local permit or license to manufacture, distribute, or sell alcoholic beverages violates any state law or local ordinance relating to the sale of alcoholic beverages to underage persons; and for other purposes. SB 135. By: Senator Hudgins of the 15th: A BILL to amend Code Section 17-5-50 of the Official Code of Georgia Annotated, relating to record of property alleged to be stolen, embezzled, or otherwise unlawfully obtained and return of property to rightful owner, so as to change the provisions relating to the return of stolen vehicles to persons evidencing ownership of such vehicles through certificates of evidence; and for other purposes. SB 245. By: Senator Huggins of the 53rd: A BILL to amend an Act creating a new charter for the City of LaFayette, so as to provide for vacancies in elected offices; and for other purposes. SB 208. By: Senator Peevy of the 48th: A BILL to amend Article 3 of Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to appraisement and inventory of estates, so as to provide that any heir, beneficiary or creditor of a decedent may offer evidence to the court regarding the appraisement and valuation of certain real or personal property of a decedent; and for other purposes. SB 211. By: Senators Greene of the 26th and Peevy of the 48th: A BILL to amend Code Section 19-6-19 of the Official Code of Georgia Annotated, relating to revision of a judgment for permanent alimony or child support, so as to change certain provisions relative to revision of a judgment for permanent alimony; to change the period of time relative to pendency of an action for revision; and for other purposes. The Senate has agreed to the House amendment to the following Resolution of the Senate: THURSDAY, FEBRUARY 21, 1985 1317 SR 52. By: Senators Coleman of the 1st, Bryant of the 3rd, and Scott of the 2nd: A RESOLUTION authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Savannah an easement over, under, across, and through certain property for the construction, installation, operation, maintenance, repair, improvement, and replacement of utilities and sewerage and drainage systems improvements to be built; and for other purposes. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 135. By: Senator Hudgins of the 15th: A BILL to amend Code Section 17-5-50 of the Official Code of Georgia Annotated, relating to record of property alleged to be stolen, embezzled, or otherwise unlawfully obtained and return of property to rightful owner, so as to change the provisions relating to the return of stolen vehicles to persons evidencing ownership of such vehicles through certificates of evidence; and for other purposes. Referred to the Committee on Special Judiciary. SB 208. By: Senator Peevy of the 48th: A BILL to amend Article 3 of Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to appraisement and inventory of estates, so as to provide that any heir, beneficiary or creditor of a decedent may offer evidence to the court regarding the appraisement and valuation of certain real or personal property of a decedent; and for other purposes. Referred to the Committee on Judiciary. SB 211. By: Senators Greene of the 26th and Peevy of the 48th: A BILL to amend Code Section 19-6-19 of the Official Code of Georgia Annotated, relating to revision of a judgment for permanent alimony or child support, so as to change certain provisions relative to revision of a judgment for permanent alimony; to change the period of time relative to pendency of an action for revision; and for other purposes. Referred to the Committee on Judiciary. SB 221. By: Senators Coverdell of the 40th, Bond of the 39th, Langford of the 35th, and Engram of the 34th: A BILL to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to authorize the creation of a county board of health by ordinance in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980; and for other purposes. Referred to the Committee on State Planning & Community Affairs. SB 245. By: Senator Muggins of the 53rd: A BILL to amend an Act creating a new charter for the City of LaFayette, so as to provide for vacancies in elected offices; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. The following Resolution of the House was read and referred to the Committee on Rules: 1318 JOURNAL OF THE HOUSE, HR 261. By: Representatives Childs of the 53rd, Murphy of the 18th, Couch of the 40th, and others: A RESOLUTION commending the Georgia participants in the Summer Games of the 1984 Olympics and inviting them to appear before the General Assembly; and for other purposes. The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto: HB 617. By: Representatives Colwell of the 4th and Johnson of the 72nd: A BILL to amend Code Section 50-16-34 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Properties Commission, so as to change certain provisions relating to the power of the State Properties Commission to submit to the General Assembly amendments to existing leases of property which will enable the State Properties Commission to submit lease amendments; and for other purposes. The following Senate amendment was read: Amend HB 617 by adding on page 3, line 30, after the word "amendment" the following: "; and" then inserting a new subsection (v) to read as follows: "(v) On or before December 31 in each year the Executive Director of the State Properties Commission shall submit a report describing all amendments negotiated during that year or under negotiation at the date of the report, to the Chairman of the Public Utilities Committee of the Senate and the State Institutions and Property Committee of the House." Representative Johnson of the 72nd moved that the House agree to the Senate amendment to HB 617. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson Y Argo Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Benefield Benn Y Birdsong Y Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G Brown,J YBuck Y Burruss Byrd Y Carter Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark,L Y Colbert Y Coleman Y Colwell Conneli Y Cooper Y Copelan Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobba Y Dover Dunn Edwards Evans Felton Y Foster YGaler Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Hasty YHays Heard YHill Y Holcomb Y Holmes Hooks Home Y Hudson Y Isakson Y Jackson ,J Jackson,N Y Jamieson Y Johnson.D Y Johnson.F Y Johnson,R Y Johnson,S Kilgore Kingston Y Lane.D Y Lane,R Lawler Y Lawrence Y Lawson YLee.C Y Lee.W Y Linder YLogan YLong YLord Lucas Y Lupton Maddox Y Mangum Y Martin.C Y Martin^I Matthews Y McDonald Y McKelvey McKinney Milam Milford Y Moody Moore YMorton Mostiler Y Moultrie Y Mueller Oliver.C Y Oliver,D Y Padgett Y Pannell Parham Y Parrish Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V Randall Y Ransom THURSDAY, FEBRUARY 21, 1985 1319 Y Ray Y Reaves Y Redding Y Richardson Robinson.C Y Robinson,? Ross Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Smith,? Smith.T Smyre Y Stancil Y Steinberg Thomas.C Thomas.M Thompson Y Townsend Y Triplett Y Twiggs Waddle On the motion, the ayes were 121, nays 0. The motion prevailed. Y Waldrep Walker.C Walker,L Y Wall Ware Watson Y Watts White Wilder Y Williams.B Y Williams,J Y Williams,R Y Wilson Y Wood Workman Y Yeargin Young Murphy.Spkr HB 437. By: Representatives Pinkston of the 100th, Groover of the 99th, Lucas of the 102nd, Randall of the 101st, and Peters of the 2nd: A BILL to amend Code Section 7-3-6 of the Official Code of Georgia Annotated, relating to exemptions from the provisions of the "Georgia Industrial Loan Act," so as to provide for an express exemption for certain colleges and universities; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 7-3-6 of the Official Code of Georgia Annotated, relating to exemptions from the provisions of the "Georgia Industrial Loan Act," so as to provide for an express exemption for certain colleges and universities and associations thereof and student loan transactions of such educational entities; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 7-3-6 of the Official Code of Georgia Annotated, relating to exemptions from the provisions of the "Georgia Industrial Loan Act," is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 7-3-6 to read as follows: "7-3-6. This chapter shall not apply to businesses organized or operating under the authority of any law of this state or of the United States relating to banks, trust companies, real estate loan or mortgage companies, federal savings and loan associations, Georgia building and loan associations, credit unions, and pawnbrokers or to the transactions of such businesses, which businesses are expressly excluded from regulation under this chapter and exempted from the operation of its provisions. This chapter also shall not apply to the University System of Georgia or its educational units, to private colleges and universities in this state and associations thereof, or to student loan transactions of such educational entities, which educational entities and student loan transactions thereof are expressly excluded from regulation under this chapter and exempted from the operation of its provisions. It is expressly provided that no bank, trust company, national bank, insurance company, or real estate loan or mortgage company, authorized to do business in this state, shall be required to obtain a license under this chapter nor shall the University System of Georgia or its educational units or private colleges and universities in this state and associations thereof be required to obtain a license under this chapter. It is further provided that persons making loans and charging interest thereon at a rate of not more than 8 percent simple interest per annum shall not be subject to this chapter or required to obtain a license hereunder." 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. 1320 JOURNAL OF THE HOUSE, Representative Pinkston of the 100th moved that the House agree to the Senate substitute to HB 437. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,M Y Aiken Y Alford Y Alien Y Anderson YArgo Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Bargeron Y Barnett.B Barnett.M YBeck Benefield Benn Y Birdsong Y Bishop Bolster Y Bostick Y Branch YBray Brooks Brown.G Brown,J YBuck Y Burruss Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Dunn Edwards Y Evans Felton Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Hanner Y Hasty YHays Heard YHill Y Holcomb Y Holmes Hooks Home Y Hudson Y Isakson Y Jackson,J Jackson.N Jamieson Y Johnson,D Y Johnson.F Y Johnson.R Y Johnson,S Y Kilgore Y Kingston Y Lane.D Y Lane,R Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Logan YLong Lord Lucas Y Lupton Maddox Y Mangum Y Martin.C Y Martin,J Matthews Y McDonald On the motion, the ayes were 126, nays 0. The motion prevailed. Y McKelvey Y McKinney Y Milam Y Milford Y Moody Y Moore Y Morion Y Mostiler Y MouUvie Y Mueller Oliver.C Y 01iver,D Y Padgett Y Pannell YParham Y Parrish Patten Y Peters Pettit Y Phillips Y Pinkston Y Porter Y Rainey Ramsey.T Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson,C Y Robinson.P Ross Royal Y Russell Y Selman Y Shepard Sherrod Y Sinkfield Y Sizemore Y Smith,L Smith.P Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Thomas.M Thompson Y Townsend Y Triplett Y Twiggs Waddle Y Waldrep Walker.C Walker,L Y Wall Ware Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Williams,R Y Wilson Y Wood Workman Y Yeargin Young Murphy.Spkr Representative Royal of the 144th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 438. By: Representatives Pinkston of the 100th, Groover of the 99th, Lucas of the 102nd, Randall of the 101st, and Peters of the 2nd: A BILL to amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as "The Retail Installment and Home Solicitation Sales Act," so as to provide an express exemption for certain colleges and universities; and for other purposes. The following Senate substitute was read: A BILL To amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as "The Retail Installment and Home Solicitation Sales Act," so as to provide an express exemption for certain colleges and universities and associations thereof and student loan transactions of such educational entities; to provide an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 21, 1985 1321 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as "The Retail Installment and Home Solicitation Sales Act," is amended by adding at the end thereof a new Code Section 10-1-16 to read as follows: "10-1-16. This article shall not apply to the University System of Georgia or its educational units, to private colleges and universities in this state and associations thereof, or to student loan transactions of such educational entities, which educational entities and student loan transactions thereof are expressly exempted from the operation of its provisions." 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. Representative Pinkston of the 100th moved that the House agree to the Senate substitute to HB 438. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Benefield Benn Y Birdsong Bishop Bolster Y Bostick Branch YBray Brooks Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Couch Cox Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Dobbs Y Dover Dunn Edwards Y Evans Felton Foster Y Galer Y Godbee Y Goodwin Greene Y Greer Y Groover Y Hamilton Y Hanner Y Hasty YHays Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J Jackson.N Jamieson Y Johnson.D Y Johnson.F Y Johnson.R Y Johnson.S Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee,C Y Lee.W Y Under Logan YLong Lord Lucas Y Lupton Maddox Y Mangum Y Martin.C Y Martin,J Matthews Y McDonald On the motion, the ayes were 129, nays 0. The motion prevailed. Y McKelvey Y McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Oliver.C Y 01iver,D Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Pettit Y Phillips Y Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V Y Randall Y Hansom YRay Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L Y Smith.P Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Thomas.M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Walker,L Y Wall Ware Y Watson Y Watts White Wilder Williams,B Y Williams,J Y Williams.R Y Wilson Y Wood Workman Y Yeargin Young Murphy.Spkr HB 502. By: Representatives Yeargin of the 14th, Murphy of the 18th, Connell of the 87th, Lee of the 72nd, McDonald of the 12th, and others: A BILL to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Authority Act," so as to change the definition of the term "bond" and the term "lending institution"; 1322 JOURNAL OF THE HOUSE, to increase the maximum principal amount of bonds and notes which the authority may have outstanding for its single family residential housing program; and for other purposes. The following Senate substitute was read: A BILL To amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Authority Act," so as to change the definition of the term "bond"; to increase the maximum principal amount of bonds and notes which the authority may have outstanding for its single family residential housing program; 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 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Authority Act," is amended by striking paragraph (3) of Code Section 8-3-172, relating to definitions, and inserting in lieu thereof a new paragraph (3) to read as follows: "(3) 'Bonds' means the bonds issued by the authority. Such bonds shaH may be general or limited obligations of the authority. Wherever the word 'bond' or 'bonds' appears in Code Section 8-3-183, it shall be deemed to include the word 'note' or 'notes' as defined in paragraph (13) of this Code section." Section 2. Said article is further amended by striking paragraph (2) of subsection (a) of Code Section 8-3-180, relating to the validation and issuance of bonds and notes, and inserting in lieu thereof a new paragraph (2) to read as follows: "(2) The authority shall not have outstanding at any one time bonds and notes for its single-family residential housing program in an aggregate principal amount exceeding $616 $715 million, excluding bonds and notes issued to refund outstanding bonds and notes." 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. Representative Yeargin of the 14th moved that the House agree to the Senate substitute to HB 502. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams,M Y Aiken Y Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins YAuten Y Bailey Balkcom Y Bannister YBargeron Y Barnett,B Y Barnett,M YBeck Benefield Benn Y Birdsong Bishop Bolster Y Bostick Branch Y Bray Brooks Brown.G Y Brown,J Y Buck Y Burruss Y Byrd Y Carter Y Chambless Chance Y Cheeks YChilders Y Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch Y Cox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Dunn Edwards Evans Felton Foster Y Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Y Manner Y Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson.J Y Jackson,N Jamieson Y Johnson.D Y Johnson,? Y Johnson,R Y Johnson.S Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee,C THURSDAY, FEBRUARY 21, 1985 1323 Y Lee.W Y Under Logan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Matthews Y McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Oliver.C Y Oliver.D Y Padgett Y Pannell Y Parham Parrish Patten Y Peters Pettit Y Phillips Y Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V Randall Y Ransom Ray Reaves Redding Y Richardson Y Robinson.C Y Robinson,P Ross Y Royal Y Russell Y Selman Y Shepard On the motion, the ayes were 133, nays 0. The motion prevailed. Y Sherrod Sinkfield Y Sizemore Y Smith,L Y Smith,P Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Thomas.M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Walker,L Y Wall Ware Y Watson Y Watts White Wilder Y Williams,B Y Williams,J Y Williams.R Y Wilson Wood Workman Y Yeargin Young Murphy.Spkr HB 3. By: Representative Richardson of the 52nd: A BILL to amend Chapter 18 of Title 31 of the Official Code of Georgia Annotated, relating to treatment and rehabilitation of spinal cord disabled persons, so as to provide for the registration by the Department of Human Resources of all head-injured persons; and for other purposes. The following Senate amendment was read: Amend HB 3 by striking from line 3 of page 2 the following: "and", and inserting in lieu thereof the following: Representative Richardson of the 52nd moved that the House agree to the Senate amendment to HB 3. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams,M Y Aiken Alford Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Benefield Benn Y Birdsong Bishop Bolster Y Bostick Branch Bray Y Brooks Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover YDunn Y Edwards Evans Felton Y Poster YGaler Godbee Y Goodwin Y Greene Greer Y Groover Hamilton Hanner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson YIsakson Y Jackson,J Y Jackson.N Jamieson Y Johnson,D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Lawler Y Lawrence Y Lawson Y Lee,C Y Lee.W Y Linder Y Logan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Matthews McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Moody Moore Y Morton Y Mostiler Y Moultrie Y Mueller Oliver.C Y Oliver,D Y Padgett Y Pannell Y Parham Parrish Patten 1324 JOURNAL OF THE HOUSE, Y Peters Pettit Phillips Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V Randall Y Ransom Ray Y Reaves Redding Y Richardson Y Robinson.C Y Robinson.P Ross Y Royal Russell Selman Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L Y Smith.P Y Smith.T Smyre Y Stancil Steinberg Y Thomas.C Y Thomas.M Thompson On the motion, the ayes were 124, nays 0. The motion prevailed. Y Townsend Y Triplett Y Twiggs Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Williams.R Wilson Y Wood Workman Y Yeargin Young Murphy,Spkr The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto: SB 20. By: Senators Burton of the 5th, Dean of the 31st, Deal of the 49th, and Turner of the 8th: A BILL to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to revise and reorganize Chapter 3, relating to access to and use of public buildings by handicapped and elderly persons, so as to provide for legislative intent; to require certain buildings and facilities and components thereof to comply with certain standards; and for other purposes. Representative Hays of the 1st moved that the House insist on its position in substituting SB 20. The motion prevailed. The following Bills and Resolution of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto: HB 36. By: Representatives Lane of the 27th, Greer of the 39th, Adams of the 36th, Clark of the 55th, Redding of the 50th, and Couch of the 40th: A BILL to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to add two new members to the Board of Directors of the Authority; to provide for additional residency requirements; and for other purposes. The following Senate substitute was read: 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, so as to add three new members to the Board of Directors of the Authority; to provide for additional residency requirements; to provide for other matters relative thereto; to repeal a provision which limits wage, salary, and fringe benefit increases which may be paid to certain officers and employees of the Authority; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by striking the first paragraph of subsection (a) of Section 6 in its entirety and substituting in lieu thereof a new first paragraph of said subsection to read as follows: THURSDAY, FEBRUARY 21, 1985 1325 "The Board of Directors of the Authority shall be composed of 17 members. Four members shall be residents of the City of Atlanta to be nominated by the Mayor and elected by the City Council; five members shall be residents of DeKalb County to be appointed by the local governing body thereof and at least one of such appointees shall be a resident of that portion of DeKalb County lying south of the southernmost corporate boundaries of the City of Decatur and at least one of such appointees shall be a resident of that portion of Dekalb County lying north of the southernmost corporate boundaries of the City of Decatur; three members shall be residents of Fulton County to be appointed by the local governing body thereof, and at least one of such appointees shall be a resident of that portion of Fulton County lying south of the corporate limits of the City of Atlanta and that membership position held by a Fulton County resident, appointed by the local governing body of that county, the term of which position expires December 31, 1988, shall, beginning on and after January 1, 1989, be filled by the local governing body of Fulton County appointing a person who is a resident of that portion of Fulton County lying north of the corporate limits of the City of Atlanta; one member shall be a resident of Clayton County to be appointed by the local governing body thereof; and one member shall be a resident of Gwinnett County to be appointed by the local governing body thereof. Three members, representing the State, shall be as follows: the Commissioner of the Department of Transportation who shall be an ex officio member; the State Revenue Commissioner who shall be an ex officio member; and the Executive Director of the State Properties Commission who shall be an ex officio member. The first member who must be a resident of that portion of Fulton County lying south of the corporate limits of the City of Atlanta shall be appointed by the governing body of Fulton County to take office on July 1, 1985, for an initial term ending December 31, 1986. The two members who are DeKalb County residents and appointed by the governing authority thereof and who are added by this paragraph shall each be appointed by the governing body of DeKalb County to take office on July 1, 1985, for an initial term ending December 31, 1986. After the initial terms of those three members added to the Board in 1985, that governing body which appointed the member for that initial term to that office shall appoint successors thereto for terms of office of four years in the same manner that such governing body makes its other appointments to the Board." Section 2. Said Act is further amended by repealing in its entirety paragraph (8) of subsection (b) of Section 20 thereof, which reads as follows: "(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 representatives of its employees shall receive no greater increase in salaries, wages, and fringe benefits than the average percentage increase in salaries, wages, and fringe benefits granted to employees covered by that labor agreement." 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. Representative Lane of the 27th moved that the House disagree to the Senate substitute to HB 36. Representative Greer of the 39th moved that the House agree to the Senate substitute to HB 36. On the motion to agree, the roll call was ordered and the vote was as follows: N Aaron NAdan>8,G N Adams,M Y Aiken Y Alford N Alien N Anderson N Argo N Athon Y Atkins N Auten N Bailey Balkcom Y Bannister N Bargeron N Barnett,B Y Barnett.M Y Beck Benefleld N Benn 1326 JOURNAL OF THE HOUSE, Birdsong Bishop N Bolster Y Bostick Branch Y Bray N Brooks N Brown.G N Brown,J Buck Burruss N Byrd Y Carter N Chambless Chance N Cheeks N Childers N Childs N Clark.B N Clark,L Y Colbert Coleman N Colwell N Connell N Cooper Y Copelan N Couch N Cox N Crawford Y Crosby Y Cummings Daugherty Y Davis N Dean N Dixon N Dobbs Y Dover N Dunn Edwards N Evans Y Felton N Foster N Galer Y Godbee Y Goodwin Greene Y Greer N Groover N Hamilton Y Manner N Hasty N Hays Y Heard N Hill N Holcomb N Holmes N Hooks Home N Hudson Y Isakson N Jackson,J Y Jackson.N N Jamieson N Johnson,D Y Johnson,F N Johnson.R N Johnson.S N Kilgore N Kingston N Lane,D N Lane.R N Lawler Y Lawrence N Lawson N Lee.C N Lee.W Y Linder N Logan Long N Lord N Lucas N Lupton Maddox N Mangum N Martin.C N Martin,J Matthews Y McDonald N McKelvey N McKinney N Milam Milford Y Moody Y Moore Y Morton N Mostiler N Moultrie N Mueller Oliver.C N Oliver.D N Padgett N Pannell Y Parham Y Parrish Patten N Peters Pettit Phillips Y Pinkston Porter N Rainey N Ramsey.T N Ramsey.V Randall Y Ransom N Ray N Reaves N Redding N Richardson Robinson.C N Robinson,P Ross N Royal N Russell N Selman Y Shepard Y Sherrod Sinkfield Y Sizemore N Smith.L N Smith,P N Smith,T Smyre Stancil Y Steinberg N Thomas.C N Thomas.M Thompson Y Townsend N Triplet! N Twiggs Y Waddle N Waldrep N Walker.C N Walker,L N Wall Y Ware N Watson N Watts White Y Wilder Y Williams,B N Williams,J Williams,R N Wilson Wood N Workman Yeargin N Young Murphy.Spkr On the motion to agree, the ayes were 43, nays 103. The motion was lost and the House disagreed to the Senate substitute to HB 36. Representative Sinkfield of the 37th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon. HB 330. By: Representatives Jackson of the 9th, Wood of the 9th, and Lawson of the 9th: A BILL to amend an Act establishing the State Court of Hall County, so as to provide for assistant solicitors of said state court; and for other purposes. The following Senate amendment was read: Amend HB 330 by adding after the semicolon on line 6 of page 1 the following: "to provide for clerical employees of the solicitor;". By striking from lines 16 and 17 of page 1 the following: "a new subsection (b)", and inserting in place thereof the following: "new subsections (b) and (c)". By striking the quotation mark on line 21 of page 2 and adding between lines 21 and 22 of page 2 the following: "(c) The solicitor shall have the sole authority to select, hire, fire, and fix the compensation of his necessary clerical employees. The salaries of said employees and the necessary operating expense of said office shall be paid by Hall County." THURSDAY, FEBRUARY 21, 1985 1327 Representative Jackson of the 9th moved that the House agree to the Senate amendment to HB 330. On the motion, the ayes were 103, nays 0. The motion prevailed. HR 21. By: Representative Colbert of the 23rd: A RESOLUTION authorizing and directing the Department of Transportation to designate the Georgia Highway 9 bridge crossing the Chattahoochee River at Roswell, Georgia, as the Archie L. Lindsey Memorial Bridge; and for other purposes. The following Senate amendment was read: Amend HR 21 by striking on Page 2, from lines 13 and 14, the following: "Secretary of the Senate", and inserting in lieu thereof the following: "Clerk of the House of Representatives". Representative Colbert of the 23rd moved that the House agree to the Senate amendment to HR 21. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo YAthon Y Atkins YAuten Y Bailey Balkcom Y Bannister Y Bargeron Barnett.B Y Barnett.M YBeck Benefield YBenn Birdsong Bishop Bolster Y Bostick Branch YBray Y Brooks Y Brown.G Y Brown,J Buck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark,L Y Colbert Coleman Y Colwell Y Connell Y Cooper Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Diion Y Dobbs Y Dover YDunn Edwards Evans Felton Y Foster YGaler YGodbee YGoodwin Y Greene Y Greer Y Groover Y Hamilton Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Ylsakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston YLane,D Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee,W Y Under YLogan YLong YLord Y Lucas Y Lupton Maddox Y Mangum Y Martin,C Martin,J Matthews Y McDonald On the motion, the ayes were 133, nays 0. The motion prevailed. Y McKelvey McKinney Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Oliver.C Y 01iver,D Y Padgett Y Pannell YParham Y Parrish Patten Y Peters Y Pettit Y Phillips Pinkston Porter YRainey Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Redding Y Richardson Robinson,C Robinson,P Ross Y Royal Y Russell Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith.T Smyre Y Stancil Y Steinberg Thomas,C Y Thomas.M Thompson Y Townsend Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Yeargin Young Murphy ,Spkr 1328 JOURNAL OF THE HOUSE, HB 32. 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, the "Water Well Standards Act of 1976," relating to water wells, so as to provide a new short title; and for other purposes. The following Senate substitute was read: A BILL To amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Water Well Standards Act of 1976," relating to water wells, so as to provide a new short title; to provide for legislative intent; to define additional terms; to rename and change the membership and procedures of the State Water Well Standards Advisory Council; to provide additional powers and duties for said council; to require that any person drilling a water well shall have a license from said council; to require the direction of a professional geologist or a professional engineer in the drilling of any well, borehole, or corehole other than a water well; to require an affidavit of past experience in water well construction from applicants for licenses; to provide for a water well contractor trainee license; to establish said council for an additional six years; to provide standards for the construction, operation, maintenance, and abandonment of wells and boreholes; to provide for the bonding of water well contractors; to provide for the inspection of well and borehole construction, operation, maintenance, and abandonment; to provide for the use of a water well contractor's bond to bring water wells into compliance; to provide for the confiscation of certain equipment and vehicles in the event of a violation of said part; to provide for confiscation and liquidation procedures; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Water Well Standards Act of 1976," relating to water wells, is amended by striking said part in its entirety and inserting in lieu thereof a new Part 3 to read as follows: "Part 3 12-5-120. This part shall be known and may be cited as the 'Water Well Standards Act of 1976 1985.' 12-5-121. It is the intent of the General Assembly to provide in this part for the development application of proposed standards for the siting, construction, operation, maintenance, and abandonment of water wells and boreholes so as to protect the public health and the water resources of this state. 12-5-122. As used in this part, the term: ground wstcr by wells, out excluding tftc instftllstion io pumps suet pumping ccjuip" mcnt. 'Abandoned well' means a well or borehole, the use of which has been permanently discontinued, which is in such a state of disrepair that continued use for obtaining groundwater or for other useful purposes is impracticable, or from which groundwater for useful purposes is not obtainable. /\O'f\ *vfj< ruuuinn/i';'iili ) m 111ntQra-inla9 ttVu>co o.Qtja-oi+co \TAT7aott (e) The joint-secretary director or his designee shall be the secretary of the council and, in addition to his duties as prescribed by law, shall perform such other administrative duties as may be prescribed by the council. Except as provided in this part, the council shall provide by rule and regulation for its own government. Members of the council shall serve without compensation but shall be reimbursed as provided for is subsection {) ef Code Section 40-1-2 receive the same expense allowance as that received by members of the General Assembly and the same mileage allowance for the use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier within the state. Any council member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his duties as a council member. For each day's service outside of the state as a council member, such member shall receive actual expenses as an expense allowance as well as the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by members of the council are subject to approval of the director or his designee. j.z-o-J.^4. iR addition te other powers and duties specified m tnis part; tnc council shall; In carrying out this part, the council shall have the following powers and duties: (1) Adopt To adopt and amend rules and regulations which may be reasonably necessary to carry eat this part govern the licensing of water well contractors and the 1332 JOURNAL OF THE HOUSE, regulation of proceedings before the council. The council and all of its rules, regulations, and procedures are subject to and shall comply with the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (2) Pay To pay into the state treasury all fees and moneys received by it; (3) Adopt To adopt and have an official seal; (4) Set To set the amount of all fees required by this park ; (5) To license water well contractors and water well contractor trainees; (6) To review the effect and practicality of standards set up in this part and recommend to the General Assembly adjustments and changes to achieve the purposes of this part; (7) To review and recommend to the General Assembly any legislation which would improve the quality of relations between the water well drilling industry and the public; and (8) To conduct hearings and institute and prosecute court actions as may be necessary to enforce compliance with any provisions of this part and any rules and regulations promulgated pursuant to this part that relate to water wells. i^~O"i^Op 1. ne council snftll study tne weed IOP 3t&ndQ.rd9 ond rules find rG^ui&11on9 relating to the location, construction, operation, maintenance, and abandonment ef water wells ift order to protect the puoxic neditn find tne wflter resources of tins st&te. l tie council sfiftii develop sucn proposed stfind&rds tnd rules find requisitions prior to tne PATIvpninff nf tho ypinilm* 1077 qpaqinn of tho f^pnprfll Asgpmhlv unH ihftll Qiihmit Qtiph proposed st&nd&.rds snd pules &nd peculations to tne Oenerfti Assem Diy ftt tne be^inninc of sucn session. Annuftiiy tnerefttte11 tne council sn&ii report to tne vienerfll Assem Diy, prief te each regular session, ay needed modifications in seh standards and rules ad regulations. Such standards er rules and regulations er modifications in such standards of pules &nd pe^ui&tions sn&u not Decome ettective until &pproved of spproved 8ft amended by the General Assembly. Except as provided in subsection (f) of Code Section 12-5-127, no persons shall drill a water well without first having a water well contractor's license issued by the council. No person, including licensed water well contractors, shall drill any other kind of well, borehole, or corehole unless such person is acting under the direction of a professional geologist or a professional engineer. 12-5-126. (a) The joint-secretary director or his designee shall act as the administrative agent for the council. The same jurisdiction, duties, powers, and authority which with respect to the council. (b) The office of the joint-secretary division shall have the duty to bring together and keep all records of the council; to receive all applications for licenses; to schedule a time and place for examinations, with the consent of the council; to schedule a time and place for all hearings; to issue certificates upon authority of the council; to collect all fees and to remit them to the state treasury. (c) All orders and processes of the council shall be signed and attested by the jointsecretary director or his designee, and any notice or legal process necessary to be served upon the council may be served upon the joint-secretary director. 12-5-127. (a) Any person desiring to engage in the business of water well construction in this state shall apply to the council for a license as a water well contractor. All such applications shall be made on forms provided by the joint-secretary division and shall be accompanied by a fee to be prescribed by the council. (b) An applicant for a license as a water well contractor shall be required to have two years' experience working in the water well construction business under a licensed water well contractor and shall be required to pass an examination administered by the council. The examination may be written, oral, or practical work, or any combination of the three. (c) Satisfactory proof of two years' experience in the water well construction business shall be made by presenting a certified affidavit from a licensed water well contractor that the applicant has had at least two years of water well construction experience under said licensed contractor, and by any one of the methods described as follows: (1) Presentation of copies of a county or city occupational license, or both, covering two years and indicating the occupation as 'well driller,' 'water well contractor,' THURSDAY, FEBRUARY 21, 1985 1333 or equivalent; provided, however, that such county or city occupational license shall be acceptable as proof only if the licensee was required to verify his experience and qualifications as a 'well driller,' 'water well contractor,' or equivalent by successful completion of an examination or such other method designed to verify the licensee's skills as the local governing authority may require; (2) Presentation of a list of ten wells, together with their locations, major use, and approximate customer cost that the applicant has constructed or has helped to construct within the last two years. This list must show the name and address of the owner or owners of each well, and the approximate date the construction of each well was completed. Completion dates of the ten wells must span the two-year time period. In addition, the applicant must provide notarized letters from three persons attesting to the length of time the applicant has been in the water well construction business as a major activity; or (3) In lieu of the methods described in paragraphs (1) and (2) of this subsection, presentation to the council of satisfactory proof of equivalent value, which, at the council's option, may be accepted on an individual basis. (d) Any person wishing to engage in the water well construction business shall designate himself or at least one partner, officer, or full-time employee to fulfill the above requirements. If the requirements are satisfactorily fulfilled, the person shall be granted a license under this part, and such license shall cover water well construction activities for which the person is responsible and so licensed. The partners, officers, and employees of the person shall be allowed to engage in the activities covered by the license if the individual who fulfilled the licensing requirements has performed or approved such activities and such approval is posted at the site of the activity on forms to be provided by the council for that purpose. Any such license shall be valid so long as the designated partner, officer, or full-time employee is associated with the licensee or until it otherwise expires. (e) The council, upon application, may issue an appropriate license to any person who holds a similar license in any state, territory, or possession of the United States, if the requirements for the license do not conflict with this part and are of a standard not less than that specified by this part and by rules and regulations promulgated under this part; provided, however, that such other state, territory, or possession grants similar reciprocity to license holders in this state. (f) Nothing in this Code section shall be construed to require the registration of a person who constructs a well on his own or leased property intended for use only in a single-family house which is his permanent residence or intended for use only for farming purposes on his farm, which well produces less than 25,000 gallons per day, so long as the waters to be produced are not intended for use by the public or in any residence other than his own. (g) The State of Georgia preempts the field of licensing water well contractors. Licenses issued by the council shall authorize bona fide holders thereof to engage in the business authorized by such licenses anywhere within the territorial limits of the state. No provision of this part shall be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing, or collecting any business license fee, registration fee, tax, or gross receipt tax on any profession covered by this part or upon any related profession or anyone engaged in any related profession governed by this part. (h) Any person desiring to engage in the business of water well construction and not meeting the requirements for licensing as a water well contractor may apply to the council for a license as a water well contractor trainee. An applicant for a trainee license shall be required to pass an examination approved by the council. The examination may be written or oral and shall relate to the applicant's knowledge of basic groundwater and basic well construction. Upon satisfactory completion of at least two years' experience under a licensed water well contractor, the trainee may apply for a license as a water well contractor and shall be required to pass an examination approved by the council. 12-5-128. (a) The licenses granted under Code Section 12-5-127 shall contain the name of the contractor, date of issuance, expiration date, license number, and the official designation or symbol of the council, together with the signatures of the council 1334 JOURNAL OF THE HOUSE, chairman and the chief administrative officer of the council. This license shall be displayed in a conspicuous place at the operator's principal place of business. (b) All rigs and commercial vehicles used by water well contractors in well construction operations shall prominently display on each rig or vehicle the name of the contractor and shall likewise display the appropriate water well contractor's license number. 12-5-129. (a) The council shall suspend or revoke a license upon a finding of one or more of the following grounds: (1) Material misstatement in the application for license; (2) Willful disregard or violation of Code Section 12-5-133 or any law of the State of Georgia relating to wells, including any violation of standards or rules adopted pursuant to this part; (3) Willfully aiding or abetting another in the violation of Code Section 12-5-133 or any law of the State of Georgia relating to wells; (4) Incompetency in the performance of the work of a water well contractor; (5) Making substantial misrepresentations or false promises in connection with the occupation of a water well contractor. (b) The council shall have power and authority to hear and determine all complaints of violations of this part and the regulations pursuant thereto, filed with the council by any interested party, after first giving the person against whom the complaint is filed at least ten days' written notice of the time and place of hearing, together with a copy of the complaint filed against such person. Hearings will be conducted according to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' If, upon the hearing, the council deems such complaint meritorious, the council may, in its discretion, suspend or revoke the license of the person against whom the complaint is filed or may allow the person a reasonable time in which to meet and correct the complaint of the object- ing party. Suspensions or revocations of licenses shall be conducted according to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c) The council, by majority vote of the quorum, may reissue a license to any person whose license has been revoked upon written application to the council by the applicant, showing good cause to justify the reissuance. (d) Whenever it shall appear to the council that any person is or has been violating any provisions of this part or any of the lawful rules, regulations, or orders of the council, the council or the appropriate district attorney may file a petition for injunction in the appropriate superior court of this state against such person, for the purpose of enjoining any such violation. It shall not be necessary to allege or prove that there is no adequate remedy at law. The right of injunction provided for in this Code section shall be in addition to any other legal remedy which the council has and shall be in addition to any right of criminal prosecution provided by law. (e) The director shall be authorized to order the cessation of operation of any well operated in violation of this part and the seizure of all drilling equipment used in such drilling operation; provided, however, that the operator of any such drilling operation shall be afforded a hearing before the administrative law judge of the Department of Natural Resources on such order of the director within 48 hours. 12-5-130. All licenses expire biennially. All applications for renewal shall be filed with the joint-secretary division prior to the expiration date, accompanied by a renewal fee prescribed by the council. A license which has expired for failure to renew may be restored only after application and payment of the prescribed restoration fee. A new license to replace any license lost, destroyed, or mutilated may be issued, subject to the rules of the council and payment of a fee set by the council. 12-5-131. The council may from time to time amend its rules and regulations gov- erning water well contractors. The council will notify each water well contractor on the official list of licensed water well contractors of any changes in the rules and regulations prior to the effective date of the changes. This notification or lack thereof will in no way affect the effective date of the changes in the rules and regulations. 12-5-132. (a) Nothing in this part shall affect oil and gas drilling operations covered by Part 2 of Article 2 of Chapter 4 of this title. (b) Nothing in this part shall affect the regulation of groundwater use by the division pursuant to Part 2 of this article. THURSDAY, FEBRUARY 21, 1985 1335 12-5-133. Any person who engages in or follows the business or occupation of, or advertises, holds himself out, or acts, temporarily or otherwise, as a water well eWHer contractor without having first secured the required license or renewal thereof or any person who otherwise violates any provisions of this part shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100.00 and not more than $1,000.00. Each day during which such violation exists or continues shall constitute a separate offense. In addition to or in lieu of any fine imposed for acting without the required license, any person violating any provision of this part may have his drilling rigs and commercial vehicles confiscated in accordance with Code Section 12-5-137. 12.6-134. For the pwpeses of Chapter 2 of Titte 48; iThe Act Providing tot the Review, Continuation, Rocstablishment, or Termination of Regulatory Agencies,' the State Water We Standards Advisory Cetmca shatt be terminated on April HT 1986? and iiiis pflri find fliiy other iflws rciotin^ TO such council shftii DC PCpcdied ~HI their effective en the date specified i Code Section 43-2-8. 12-5-134. The following standards shall apply to all wells and boreholes: (1) In the case of individual and nonpublic water wells: (A) The well should be located as far removed, and in a direction opposite to the groundwater flow, from known or potential sources of pollutants as the general layout of the premises and surroundings permit; however, prior to actual construction, the water well contractor shall notify the county health department of the intent to drill a water well, providing such information as is required on forms prepared by the council. The well shall not be located in areas subject to flooding unless the well casing extends at least two feet above the level of the highest known flood of record. All new wells must be located at least the following horizontal distances from the following structures: (i) Not less than ten feet from a sewer line; (ii) Not less than 50 feet from a septic tank; (iii) Not less than 100 feet from a septic tank absorption field; (iv) Not less than 150 feet from a cesspool or seepage pit; and (v) Not less than 100 feet from an animal or fowl enclosure; (B) Every well shall be protected against surface runoff; (C) Every well shall be located so it will be accessible for cleaning, treatment, repair, testing, inspection, and such other maintenance as may be necessary; (D) Water-bearing formations that are or are likely to be polluted shall be sealed off; (E) No material shall be used in the well that will result in the delivered water being hazardous, toxic, or having objectionable taste or odor; (F) Materials that are to be a part of the permanent well shall be durable and sufficient to protect the well against structural deficiencies during and after the construction and against the entrance of pollutants during the expected life of the well; (G) The casing and liner pipe joints shall be watertight to the point of maximum drawdown in bored or driven wells and the entire length of the casing in drilled wells; (H) The alignment in a drilled well shall be such that the installation and operation of the pump will not be impaired; (I) All drill cuttings and other materials shall be removed from the entire depth of the well and the well shall be disinfected: (J) The upper terminal of the well shall be protected by a sanitary seal or cover to prevent entrance of pollutants to the well; (K) Any existing abandoned well or borehole shall be filled, sealed, and plugged by the present owner; (L) The drilling contractor shall maintain in his office and shall furnish the owner a copy of the well construction data within 30 days of the well completion. The data shall include: total depth of well, borehole diameter, casing depth, size and type of casing material, grouting information, static water level, pumping water level and yield if test pumped, confirmation of well disinfection and description of 1336 JOURNAL OF THE HOUSE, method used for disinfection, dates of well construction, name of contractor, and water well contractor's license number; (M) A well having an open annular space between the casing and borehole shall be grouted and shall be filled with neat or sand-cement grout or other impervious material to prevent the entrance of pollutants or contaminants to the well. The following shall be considered minimum depths of seal below ground surface: (i) Individual wells - ten feet; (ii) Nonpublic wells ; 25 feet in igneous or metamorphic rock; and (iii) Nonpublic wells -__ 50 feet in sedimentary rock. For large diameter water wells cased with concrete pipe or other acceptable casing material, if the casing joints are not sealed, the annular space shall be grouted as specified above, and the annular space below the grout shall be filled with sand or gravel; (N) All permanent casing, liners, and other manufactured material used in the well installation shall be new, unless otherwise approved in writing by the owner, and adequate to protect the well against entrance of pollutants or contaminants during the expected life of the well. The casing material shall be of steel, plastic, or concrete and meet nationally accepted standards for well casing. Sewer pipe shall not be used for individual or nonpublic water supply wells; (O) The well screen, when used, shall be of a standard design and manufactured specifically for the purpose of the well construction, shall be of a strength to satisfactorily withstand chemical and physical forces applied to it during and after installation, shall be designed to permit optimum development of the aquifer with minimum head loss consistent with the intended use of the well, shall have openings designed to prevent clogging or jamming, and multiscreened wells shall not connect aquifers or zones which have differences in water quality that would result in deterioration of the water quality in any aquifer or zone; (P) All gravel placed in a well to be used as a source of drinking water shall be clean, washed, free of organic matter, disinfected prior to emplacement, or provi- sions made for disinfection in place. The gravel pack material should consist mainly of silicious, well rounded, smooth, uniform grain particles and of such size to pre- vent the formation material from entering the well; (Q) All individual and nonpublic wells producing water for drinking or food processing shall be disinfected following construction, repair, or when work is done on the pump, before the well is placed in service. The well and pumping equipment shall be disinfected with chlorine applied so that a concentration of at least 50 parts per million of chlorine shall be obtained in all parts of the well with a minimum contact period of two hours before pumping the well; and (R) All individual and nonpublic wells shall be curbed at the surface by the owner with a watertight curbing of concrete at least four inches thick and extending at least two feet in all directions from the well casing and sloping away from the casing; (2) All water wells constructed as sources of public water supply for a public water system as defined in Part 5 of this article, the 'Georgia Safe Drinking Water Act of 1977,' shall be constructed in accordance with the standards and rules and regulations established pursuant to said part; (3) Irrigation wells shall be constructed in accordance with the standards estab- lished for individual and nonpublic wells except that the well does not require disin- fection. The minimum depth of the grout seal shall be at least 20 feet below ground surface; (4) Industrial wells shall be constructed in accordance with the standards estab- lished for individual and nonpublic wells. The minimum depth of the grout seal shall be the same as for nonpublic wells; (5) (A) Wells and boreholes other than water wells shall be constructed: (i) So that no toxic or hazardous material is used in or introduced to the borehole; (ii) So that water-bearing formations that are, or are likely to be, polluted shall be sealed off; and THURSDAY, FEBRUARY 21, 1985 1337 (iii) To prevent water of different qualities from migrating between zones or aquifers. (B) Engineering boreholes shall be constructed under the direction of a professional engineer. (C) Geologic boreholes shall be constructed under the direction of a professional engineer or a professional geologist. (D) Monitoring wells shall be constructed under the direction of a professional engineer or a professional geologist and shall be constructed in accordance with the following minimum requirements: (i) Well casing and well screens that are part of the monitoring well shall be durable and sufficient to protect the well against structural deficiencies during the construction and during the expected life of the well; (ii) The upper terminal of the monitoring well shall be protected by a sanitary seal or cover to prevent entrance of pollutants to the well; (iii) All casing and liner pipe joints shall be watertight for the entire length of the casing; (iv) The annular space around the well casing shall be grouted with impervious materials to prevent the entrance of interformational pollutants after due consideration of the local soil conditions, local geology, and the intended use of the well; (v) The alignment of the well is such that the well may be pumped or sampled; (vi) All drilling equipment and tools shall be washed and steam cleaned immediately upon completion of any monitoring well located within 1,000 feet of any operating or abandoned sanitary landfill or hazardous materials facility or within 1,000 feet of any area where hazardous materials are known or believed to have been deposited, spilled, or discharged; and (vii) At least once every five years, the owner of the property on which a monitoring well is constructed shall have the monitoring well inspected by a professional engineer or professional geologist, who shall direct appropriate remedial corrective work to be performed if the well does not conform to standards. (E) Dewatering wells to be constructed for the purpose of withdrawing 100,000 gallons or less of groundwater on any one day shall be constructed under the direction of a professional engineer or a professional geologist and shall be constructed in accordance with the following minimum requirements: (i) Well casing and well screens that are a part of the dewatering well shall be durable and sufficient to protect the well against structural deficiencies during the construction and against entrance of pollutants during the expected life of the well; (ii) The upper terminal of the dewatering well shall be protected by a sanitary seal or cover to prevent entrance of pollutants to the well; (iii) All casing and liner pipe joints shall be watertight for the entire length of the casing; (iv) The annular space around the well casing shall be grouted with impervious materials to prevent the entrance of interformational pollutants after due consideration of the local soil conditions and local geology; provided, however, that such grouting shall not be required if dewatering is to be accomplished by well points or a well point field; (v) The alignment of the well shall be such that the installation and operation of the pump will not be impaired; and (vi) The dewatering well shall be pumped in a manner and rate to prevent significant loss of strength of nearby soil and rock. (F) Seismic shot holes shall be constructed under the direction of a professional engineer or a professional geologist and shall be constructed in accordance with the following minimum requirements: (i) Exclusive of explosives, no toxic or hazardous materials shall be used in or introduced to the shot hole; 1338 JOURNAL OF THE HOUSE, (ii) Materials that are to be a part of the seismic shot hole shall be durable and sufficient to protect the seismic shot hole against structural deficiencies during the construction and against entrance of pollutants during the expected life of the seismic shot hole; (iii) Prior to being charged with explosives, seismic shot holes shall contain temporary seals adequate to prevent the entrance of pollutants to any aquifer; (iv) Seismic shot holes shall not be charged with explosives more than 24 hours prior to detonation; and (v) In the event explosives are not detonated within one year after reaching total depth, the seismic shot hole shall have all temporary seals removed and be completely plugged with impervious materials to prevent the entrance of pollutants to any aquifer; and (6) (A) A water well shall be considered as temporarily abandoned when its use has been interrupted for a period of more than one year and not more than three years. Such a well shall be sealed and the well maintained whereby it is not a source or a channel of contamination or pollution when not in service. (B) A water well shall be considered as permanently abandoned when its service has been interrupted for a period of more than three years or it meets the definition of abandoned well as defined in this part. Such a well shall be filled, sealed, and plugged. (C) Whenever a well or borehole is excavated for the exploration, testing, or use as a source of water supply but is no longer used for that purpose, it shall be the owner's responsibility to have the borehole filled, sealed, and plugged within 30 days of the excavation or disuse to protect against the entrance of pollutants into the subsurface. (D) No abandoned water well or borehole shall be used for the purpose of disposing of any wastes or pollutants that may contaminate the groundwater. (E) All engineering boreholes, regardless of the depth limitations defined in paragraphs (3) and (8) of Code Section 12-5-122, which are located on property which is being used or is proposed to be used for the storage, manufacture, or processing of petroleum products, hazardous materials, hazardous wastes, industrial or municipal wastewater, brines, or any other chemical substances, must be completely filled, sealed, and plugged within 30 days after the total depth is reached. Engineering boreholes which are in locations scheduled to be excavated, covered with pavement, or covered by the concrete foundation or basement of a building within two years after drilling need not be filled, sealed, and plugged. All other engineering boreholes must be filled, sealed, and plugged within 90 days after the total depth is reached. It shall be the responsibility of the person in charge of the borehole construction to ensure proper abandonment. (F) Geologic boreholes which are in locations scheduled to be mined within two years after drilling need not be filled, sealed, and plugged. Other geologic boreholes shall be filled, sealed, and plugged within 30 days after drilling. It shall be the responsibility of the person in charge of borehole construction to ensure proper abandonment. (G) Monitoring wells shall meet the requirements of abandonment as defined by this part unless they are declared temporarily abandoned. A monitoring well that is temporarily abandoned shall have a cap placed on it within 15 days of its temporary abandonment. It shall be the responsibility of the owner of the property on which the monitoring well is constructed to ensure proper abandonment of the wells. (H) Seismic shot holes shall be filled, sealed, and plugged within 60 days after the explosives have been detonated. It shall be the responsibility of the person in charge of the shot hole construction to ensure proper abandonment. (I) Abandoned individual, nonpublic, public, irrigation, and industrial wells shall be filled, sealed, and plugged by a water well contractor licensed by the council. (J) Abandoned engineering boreholes, geologic boreholes, dewatering wells, monitoring wells, and seismic shot holes shall be filled, sealed, and plugged under THURSDAY, FEBRUARY 21, 1985 1339 the direction of a registered professional geologist or registered professional engineer. 12-5-135. (a) A performance bond or letter of credit shall be provided to the director by any water well contractor or driller for the conduct of drilling operations to ensure compliance with the procedures and standards contained in this part. (b) The bond or letter of credit required in paragraph (a) of this Code section shall be: (1) Conditioned upon faithful compliance with the conditions and terms of this part; and (2) In such amount as determined by the director to ensure compliance with the procedures and standards contained in this part, but in any event not to exceed $50,000.00. (c) Such performance bond or letter of credit shall be placed on file with the director in one of the following forms: (1) A performance bond, payable to the director and issued by an insurance company authorized to issue such bonds in this state; or (2) An irrevocable letter of credit issued in favor of and payable to the director from a commercial bank or other financial institution approved by the director. (d) The council shall not issue any new license or renew any old license unless the license application is accompanied by a letter from the director or his designee stating that the applicant's bond or letter of credit is acceptable. Persons holding licenses currently must provide such bond to the director within 60 days of the date on which this part becomes effective. Failure to provide same shall constitute grounds for license revocation. (e) Upon a determination by the director that a water well contractor, driller, or other person responsible for the conduct of the drilling operation has failed to meet the standards as set out in this part, the director may, after written notice of the failure to the contractor, driller, or other person responsible for the conduct of the drilling operation in accordance with subsections (e) and (f) of Code Section 12-2-136: (1) Forfeit or draw that amount of such bond or letter of credit that the director determines necessary to correct the violations; (2) Expend such amount for such purposes; (3) Enter into contracts for such purposes; and (4) Require the replacement of that amount of such bond or letter of credit forfeited or drawn upon. 12-5-136. (a) All water well contractors or othejr persons drilling boreholes or coreholes are required to conduct their work in a manner that complies with the well construction standards established in this part and are required to be licensed or acting under the direction of a professional engineer or professional geologist as set forth in Code Section 12-5-125. (b) The director or designated representatives of the division shall conduct inspections of wells and boreholes of all types to determine compliance with construction standards established in this part. Such inspections may be made in response to requests from the council or from any person who has reason to believe a well or borehole does not comply with the standards. The director may also select wells and boreholes to inspect at random. (c) The director or designated representatives of the division shall be permitted access in or upon any private or public property at all reasonable times for the purpose of inspecting and investigating conditions of wells, methods of drilling, and records relating to the drilling and abandonment of wells and boreholes. (d) The director shall report the results of all inspections to the respective driller, contractor, or person responsible for the drilling and to the council. (e) The director shall notify the driller, contractor, or person responsible for the drilling and the council that a portion of bondedness or line of credit in such amount as necessary to provide corrective action may be assessed if that person does not bring the well or borehole up to the standards described in this part within 30 days. 1340 JOURNAL OF THE HOUSE, (f) If a well or borehole is not brought up to the standards described in this part within this 30 day notification period, the director may, upon expiration of the notification period, expend whatever portion of the bond or letter of credit is necessary to hire another contractor to bring the well or borehole up to standards or to construct a new well. 12-5-137. (a) All drilling rigs or commercial vehicles used to drill any well and other equipment used to drill any well by a person who is not a licensed water well contractor or driller or who is not acting under the direction of a professional engineer or professional geologist as required by this part are declared to be contraband subject to forfeiture and confiscation and seizure by any peace officer, who shall forthwith deliver such rigs and equipment to the district attorney whose circuit includes the county in which a seizure is made or to his duly authorized agent within ten days of the seizure. (b) The district attorney whose circuit includes the county in which the seizure is made, within 30 days after the seizure of any illegal drilling 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 known to have an interest in or right affected bj the seizure or sale of such property. A copy of such petition shall be served upon the owner or lessee of such property, if known, and upon the person or persons having custody or possession of such property at the time of the confiscation or seizure. If the owner or lessee, or person or persons having custody or possession of such 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. 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 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 in other civil cases. Should the drilling equipment be found to be illegal within the sense of this part, the same shall be decreed to be contraband and ordered sold under such terms as the judge in his order may direct. The proceedings arising from such 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, maintenance, or care of such property; and (4) If any money remains, to the general funds of the county. (c) Where the owner or lessee of any property seized for purpose of condemnation shall abscond or conceal himself so that the actual notice of the condemnation proceedings cannot be served upon him, he shall be served by publication as is provided in this Code section in the case of an unknown owner or lessee. (d) All proceedings against any alleged illegal drilling equipment for the purpose of condemnation shall be proceedings in rem against the property, and the property shall be described only in general terms. It is the intent and purpose of the procedure provided by this Code section to provide a civil remedy for the condemnation and sale of contraband property. (e) 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. 12-5-138. For the purposes of Chapter 2 of Title 43, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the THURSDAY, FEBRUARY 21, 1985 1341 State Water Well Standards Advisory Council shall be terminated on January 1^ 1991, and this part and any other laws relating to such council shall be repealed in their entirety effective on the date specified in Code Section 43-2-8." Section 2. All laws and parts of laws in conflict with this Act are repealed. Representative Dobbs of the 74th moved that the House agree to the Senate substitute to HB 32. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,M Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins YAuten Y Bailey Balkcom Y Bannister Bargeron Barnett,B Y Barnett.M YBeck Benefield YBenn Birdsong Bishop Bolster Y Bostick Branch YBray Y Brooks Y Brown.G Y Brown,J Buck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark,L Colbert Coleman Y Colwell Y Connell Y Cooper Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Y Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover YDunn Y Edwards Y Evans Y Felton Y Foster YGaler YGodbee Y Goodwin Y Greene Greer Y Groover Hamilton Hanner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson.D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane.D Y Lane.R Lawler Lawrence Y Lawson Y Lee,C Y Lee.W Y Under YLogan YLong YLord Y Lucas Y Lupton Maddox Y Mangum Y Martin,C Y Martin,J Y Matthews McDonald On the motion, the ayes were 134, nays 0. The motion prevailed. Y McKelvey Y McKinney YMilam Y Milford Moody Y Moore Y Mortal Y Mostiler Y Moultrie Mueller Oliver.C Y Oliver,D Y Padgett Y Pannell Parham Y Parrish Patten Y Peters Y Pettit Y Phillips Pinkston Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson,C Robinson.P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Smith,? Smith.T Smyre Y Stancil Steinberg Thomas.C Y Thomas.M Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy,Spkr HB 112. By: Representative Richardson of the 52nd: A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to revise comprehensively the laws relating to speech pathologists and audiologists; and for other purposes. The following Senate amendment was read: Amend HB 112 by adding between lines 20 and 21 of page 7 the following: "(g) Nothing in this chapter shall be construed to restrict hearing testing or any other act by a licensed physician operating within the scope of his license or the doing of such acts by persons acting under his direct supervision." Representative Richardson of the 52nd moved that the House disagree to the Senate amendment to HB 112. 1342 JOURNAL OF THE HOUSE, The motion prevailed. HB 559. By: Representatives Cummings of the 17th and Murphy of the 18th: A BILL to amend an Act creating the office of tax commissioner of Polk County, so as to change the compensation of the tax commissioner; and for other purposes. The following Senate amendment was read: Amend HB 559 by striking from line 16 of page 1 the following: "$24,000.00", and inserting in lieu thereof the following: "$26,000.00". Representative Cummings of the 17th moved that the House agree to the Senate amendment to HB 559. On the motion, the ayes were 103, nays 0. The motion prevailed. The following Resolutions of the House were read and adopted: HR 262. By: Representatives Triplett of the 128th, Godbee of the 110th, Lane of the lllth, and others: A RESOLUTION expressing sorrow at the passing of Walter Lee Mingledorff; and for other purposes. HR 263. By: Representatives Steinberg of the 46th, Alford of the 57th, Burruss of the 20th, and others: A RESOLUTION recognizing and commending Woodward Elementary School; and for other purposes. HR 264. By: Representatives Godbee of the 110th, Reaves of the 147th, Matthews of the 145th, and others: A RESOLUTION recognizing and expressing gratitude to M. L. Miller; and for other purposes. HR 265. By: Representatives Godbee of the 110th and Lane of the lllth: A RESOLUTION commending Stilson Elementary School; and for other purposes. HR 266. By: Representatives Bostick of the 138th and Carter of the 146th: A RESOLUTION commending Abraham Baldwin Agricultural College; and for other purposes. HR 267. By: Representative Jamieson of the llth: A RESOLUTION congratulating Mr. Ira Whitlock on his eightieth birthday; and for other purposes. HR 268. By: Representative Jamieson of the llth: A RESOLUTION commending Jimmie McEver; and for other purposes. HR 269. By: Representative Colbert of the 23rd: A RESOLUTION expressing sympathy at the passing of Mr. Winston Dobbs; and for other purposes. THURSDAY, FEBRUARY 21, 1985 1343 Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time: HB 277. By: Representatives Rainey of the 135th, Twiggs of the 4th, Peters of the 2nd, Oliver of the 121st, Hays of the 1st, and Moody of the 153rd: A BILL to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the preservation and promotion of historic areas, so as to provide for administrative and judicial review of certain orders and actions of the Department of Natural Resources; to amend the duties of the state archeologist; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the promotion and preservation of historic areas generally, so as to differentiate between land site archeology and underwater archeology; to provide for administrative and judicial review of certain orders and actions of the Department of Natural Resources; to amend the duties of the state archeologist; to declare certain property within navigable waters or within certain oceanic areas as belonging to the state; to declare the Department of Natural Resources to be custodian of certain underwater items of property; to provide for exploration and recovery permits; to provide for renewals; to provide for revocations; to provide penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the promotion and preservation of historic areas generally, is amended by striking in its entirety Code Section 12-3-52, relating to archeological exploration and excavation generally, and inserting in its place a new Code Section 12-3-52 to read as follows: "12-3-52. (a) The State of Georgia, acting through the department and its authorized officers and employees, reserves to itself the exclusive right and privilege of exploring, excavating, or surveying all prehistoric and historic sites, ruins, artifacts, treasure, and treasure-trovet ancient ad abandoned ships; 2and other similar sites and objects found on all lands owned or controlled by the state ef found at the Atlantic Oeea vided that this reservation shall not apply to property under the jurisdiction of the Board of Regents of the University System of Georgia. (b) All findings of such ruins, artifacts, treasure, treasure-trove, ancient and abandoned ships, and other similar sites and objects shall be reported to the department within two days, Saturdays, Sundays, and legal holidays excluded, after being found. (c) The department is authorized to grant permits to or enter into contractual agreements with recognized scientific institutions or qualified individuals to conduct field ef underwater archeological research or salvage archeology through data recovery on such state properties if, in the opinion of the department, conditions or situations warrant such arrangements or agreements. All such information and archeologically significant objects derived from archeological research conducted on state lands ad water areas shall be utilized solely for scientific or public educational purposes and shall remain the property of the state. In addition, the State of Georgia urges that all archeological research conducted on privately owned land within the boundaries of the state be likewise undertaken solely by recognized scientific institutions or qualified individuals. {d) T-h department is authorized and directed te pay reasonable finder's fee; te fee determined by the department, te any perse* er gfewp ef persons who report te the 1344 JOURNAL OF THE HOUSE, dened ships, and ether similar sites and objects. (d) Any person who is aggrieved or adversely affected by any order or action of the department shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the department, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Persons are 'aggrieved or adversely affected' where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the statutes that the department is empowered to administer and enforce. In the event the department asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on same before continuing on with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner." Section 2. Said article is further amended by striking in its entirety Code Section 12-3-53, relating to a state archeologist, and inserting in its place a new Code Section 12-3-53 to read as follows: "12-3-53. In order to implement the protective and research policies as outlined in Code Section 12-3-52, the department will appoint a state archeologist, whose duties will be: (1) To direct, coordinate, and otherwise engage in fundamental archeological research on state lands and water areas containing sites or objects of archeological significance, er te authorize and to advise the commissioner of natural resources in permitting or entering into contractual agreements with recognized scientific institutions or qualified individuals to do the same; (2) To cooperate with other agencies of the state which have authority in areas where sites are located; (3) To conduct a survey of important archeological sites located on state land or water areas and, upon request, to survey and officially to recognize significant archeological sites on privately owned land, thereby encouraging the owner to cooperate with the state to preserve the site; (4) To conduct salvage archeology through data recovery on state sites threatened with destruction; (5) To protect, preserve, display, or store objects of archeological significance discovered by field er underwater archeology at state sites or discovered during the course of any construction or demolition work; (6) To establish training programs, either independently or in conjunction with institutions of higher learning, in order to disseminate knowledge concerning archeology and its related disciplines; and (7) To encourage the dissemination of archeological facts through the publication of reports of archeological research conducted by the department." Section 3. Said article is further amended by striking in its entirety Code Section 12-3-54, relating to penalties for violating Code Section 12-3-52, and inserting in its place a new Code Section 12-3-54 to read as follows: "12-3-54. Any person who intentionally violates Code Section 12-3-52 or who intentionally defaces, injures, destroys, displaces, or removes an object or site of archeological or historical value located on areas as designated in Code Section 12-3-52 shall be guilty of a misdemeanor and; upon conviction, shaH be fined net mere than $600.00 er imprisonsd not more t>ftfln yw dflys, &t Dotn.. Section 4. Said article is further amended by adding at the end thereof a new part, to be designated Part 3, to read as follows: THURSDAY, FEBRUARY 21, 1985 1345 "Part 3 12-3-80. As used in this part, the term 'submerged cultural resources' means all prehistoric and historic sites, ruins, artifacts, treasure, treasure-trove, shipwrecks or vessels and their cargo or tackle which have remained on the bottom for more than 50 years, and similar sites and objects found in the Atlantic Ocean within the three-mile territorial limit of the state or within its navigable waters. Title to, and the exclusive right to regulate the exploring, surveying, and recovery of, all such submerged cultural resources is declared to be in the State of Georgia. 12-3-81. (a) The custodian of all submerged cultural resources shall be the Department of Natural Resources which is empowered to promulgate such rules and regulations as may be necessary to preserve, survey, protect, and recover such underwater properties. (b) All findings of submerged cultural resources shall be reported to the department within two days, Saturdays, Sundays, and legal holidays excluded, after being found. (c) The state archeologist shall have such duties in conducting and supervising the surveillance, protection, preservation, survey, and recovery of submerged cultural resources as he is given by Code Section 12-3-53 for similar land resources. 12-3-82. (a) Any person desiring to conduct exploration, survey, or recovery operations, in the course of which any part of a submerged cultural resource may be endangered, removed, displaced, or destroyed, shall first make application to the department for a permit to conduct such operations. The applicant shall submit a detailed plan outlining the location, objectives, scope, methods, plans for the preservation and storage of any submerged cultural resources to be recovered, and such other information about its proposed operation as the department may require. The applicant shall also submit the name of the professional archeologist who will supervise or conduct the operation. (b) If the department determines that the public interest and the preservation and protection of the submerged cultural resource will be served by allowing the operation for which a permit is sought, the department shall grant a permit subject to such terms and conditions as the department deems appropriate for the protection of the public interest and the preservation and protection of the submerged cultural resource. No permits shall be issued allowing the permittee to retain any recovered submerged cultural resources, or portion thereof, unless the department determines the resources to be retained are of no significant historical, archeological, or monetary value or are of such limited historical, archeological, or monetary value as to be reasonable compensation for the efforts of the permittee in furthering the public interest through the exploration, survey, protection, preservation, or recovery of other related underwater cultural resources. (c) Permits may be renewed upon or prior to expiration upon such terms and conditions as the department deems appropriate. (d) A permit may be revoked by the department upon a determination by the department that the permit holder has violated this part or any term or condition of its permit. Any determination to revoke or deny a permit may be administratively and judicially reviewed in the manner provided in subsection (d) of Code Section 12-3-52. (e) The department is authorized to contract with any person for the exploration, survey, protection, preservation, or recovery of underwater cultural resources on such terms and conditions as the department deems appropriate. 12-3-83. Any person who violates this part by failing to obtain a required permit or who intentionally defaces, injures, destroys, displaces, or removes any underwater cultural resource or portion thereof in any manner not in accordance with a permit issued by the department shall be guilty of a misdemeanor." Section 5. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 93, nays 0. 1346 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 125. By: Representatives Crosby of the 150th, Wilson of the 20th, Kilgore of the 42nd, Williams of the 6th, and Dixon of the 151st: A BILL to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to require that each ad valorem tax bill must contain a notice to the taxpayer concerning the taxpayer's right to file a return for the next tax year and the effect of the failure to file a return; and for other purposes. The following Committee substitute was read: A BILL To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to provide that certain ad valorem tax bills must contain a notice concerning homestead exemptions from ad valorem taxation and a notice concerning ad valorem tax returns; to provide for related matters; to require that each notice of ad valorem tax assessment must contain a notice to the taxpayer concerning the taxpayer's right to appeal the assessment; to specify the form of such notices; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, is amended by adding a new Code Section 48-5-56 to read as follows: "48-5-56. (a) Except as otherwise provided in subsection (b) of this Code section, each bill for ad valorem taxes on real property other than property required to be returned to the commissioner shall contain or be accompanied by a notice in substantially the following form: 'Certain persons are eligible for certain homestead exemptions from ad valorem taxation. In addition to the regular homestead exemption authorized for all homeowners, certain elderly persons are entitled to additional homestead exemptions. The full law relating to each exemption must be referred to in order to determine eligibility for the exemption. If you are eligible for one of these exemptions and are not now receiving the benefit of the exemption, you must apply for the exemption not later than (insert date) in order to receive the exemption in future years. For more information on eligibility for exemptions or on the proper method of applying for an exemption, you may contact the office of the county tax receiver or county tax commissioner, which is located at: (insert address) and which may be contacted by telephone at: (insert telephone number). If you feel that your property has been assigned too high a value for tax purposes, you should file a tax return not later than ________ in order to have an opportunity to have this value lowered for next year's taxes. Information on filing a return can be obtained from the county tax receiver or tax commissioner at the above address and telephone number.'" Section 2. Said chapter is further amended by striking subsection (b) of Code Section 48-5-306, relating to notice of changes in ad valorem tax returns, and inserting in its place a new subsection to read as follows: "(b) The notice required to be given by the county board of tax assessors under subsection (a) of this Code section shall be dated and shall contain the name and last known address of the taxpayer. If the assessment of the value of the taxpayer's property is changed, the notice shall contain the amount of the previous assessment, the amount of the current assessment, and the year for which the new assessment is applicable. In THURSDAY, FEBRUARY 21, 1985 1347 all cases, the notice shall contain a brief description of the assessed property broken down into real and personal property classifications, the fair market value of property of the taxpayer subject to taxation, and the assessed value of the taxpayer's property subject to taxation after being reduced; and tt reference te the applicable time period for residents and nonresidents in which an appeal may fee demanded. In addition to the foregoing, the notice shall contain a statement of the taxpayer's right to an appeal, which statement shall be in substantially the following form: 'The amount of your ad valorem tax bill for this year will be based on the appraised and assessed values specified in this notice. You have the right to appeal these values to the county board of tax assessors and the county board of equalization and to the superior court. If you wish to file an appeal, you must do so in writing no later than 30 days after the date of this notice. If you do not file an appeal by this date, your right to file an appeal will be lost. For further information on the proper method for filing an appeal, you may contact the county board of tax assessors which is located at: (insert address) and which may be contacted by telephone at: (insert telephone number).'" Section 3. This Act shall become effective January 1, 1986, and shall apply to tax bills and assessment notices mailed on or after that date. Section 4. All laws and parts of laws in conflict with this Act are repealed. The following amendments were read and adopted: Representative Crosby of the 150th moves to amend the Committee substitute to HB 125 by striking from lines 18 and 19 of page 1 the following: "(a) Except as otherwise provided in subsection (b) of this Code section, each", and inserting in place thereof the following: "Each". Representative Kilgore of the 42nd moves to amend the Committee substitute to HB 125 by adding immediately before the comma on line 17 of page 2 the following: "by the board of tax assessors". By adding immediately after the word "return" on line 18 of page 2 the following: "reducing the value". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the ayes were 99, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HB 408. By: Representatives Crosby of the 150th, Kilgore of the 42nd, Wilson of the 20th, Thompson of the 20th, and Williams of the 6th: A BILL to amend Code Section 48-7-86 of the Official Code of Georgia Annotated, relating to certain civil penalties under the income tax laws, so as to provide that the 50 percent civil fraud penalty shall be in lieu of the 5 percent negligence penalty; and for other purposes. 1348 JOURNAL OF THE HOUSE, The following substitute, offered by Representative Crosby of the 150th, was read and adopted: A BILL To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax, so as to remove existing provisions relating to exclusion from taxation of certain retirement income of persons who are 62 years of age or over or are totally disabled; to provide a new exclusion from taxation of certain income of such persons; to provide that the 50 percent civil fraud penalty shall be in lieu of the 5 percent negligence penalty; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA: Section 1. Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax, is amended by striking paragraph (5) of subsection (a) of Code Section 48-7-27, relating to taxable net income of individuals, and inserting in its place a new paragraph to read as follows: "(5) (A) Retirement income Income not to exceed $2,000.00 per year received from any source; This paragraph shall net apply te or affect retirement income which is already wholly exempt from income taxation because it is received from a pablte pension or retirement fund or system listed m subparagtaph (4)(A) f this subsection. A tftxpflycr 9iiQ.il f^c cii^iDic lor trie jp,uui/.uu cxclusion ^rflnt/cct oy 11119 pflpfl^jpflpft only if- he if the taxpayer: (i) Is 62 years of age or older during any part of the taxable year; or (ii) Is permanently and totally disabled in that he has a medically demonstrable disability which is permanent and which renders him incapable of performing any gainful occupation within his competence. (B) The commissioner shall by regulation require proof of the eligibility of the taxpayer for the exclusion allowed by this paragraph;". Section 2. Said chapter is further amended by striking subsection (f) of Code Section 48-7-86, relating to certain civil penalties under the income tax laws, and inserting in its place a new subsection (f) to read as follows: "(f) If any part of any underpayment of tax required to be shown on a return is due to fraud, an amount equal to 50 percent of the underpayment shall be added to the tax. This amount shall be in lieu of any amount determined under subsection {d} (e) of this Code section. If any penalty is assessed under this subsection for an underpayment of tax which is required to be shown on a return, no penalty under Code Section 48-7-57 or subsection (a) of this Code section shall be assessed with respect to the same underpayment." Section 3. (a) Section 1 of this Act shall become effective upon approval of this Act by the Governor or upon this Act's becoming law without the Governor's approval, and shall apply to taxable years beginning on or after January 1, 1985. Section 1 of this Act shall not in any way affect any tax liability or claim for refund with respect to a tax year beginning before January 1, 1985, and shall not be construed in any way as a declaration of legislative intent with respect to any such tax liability or claim for refund. (b) Except as provided in subsection (a) of this section, 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 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 108, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. THURSDAY, FEBRUARY 21, 1985 1349 SB 43. By: Senator Kidd of the 25th: A BILL to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change the minimum annual salaries of the sheriffs; to change the provisions relating to additional salary for sheriffs who perform duties for other 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 roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Bannister Bargeron Y Barnett.B Y Barnett,M YBeck Benefield YBenn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Chambless Chance Cheeks Y Childers Y Childs Y Clark.B Y Clark,L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch Cox Crawford Y Crosby Y Cummings Y Daugherty Y Davis Dean Y Diion Y Dobbs Y Dover Y Dunn Y Edwards Y Evans Y Felton Y Foster YGaler YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson.D Y Johnson,F Y Johnson,R N Johnson,S Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Lawler Lawrence Y Lawson Lee.C Y Lee.W Y Linder YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald N McKelvey Y McKinney YMilam Y Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Y Mueller Oliver.C Y Oliver,D Y Padgett Y Pannell Y Parham Y Parrish Patten Peters Pettit Y Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Redding Y Richardson Y Robinson.C Y Robinson,? Boss Y Royal Y Russell Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L N Smith,? Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L NWall Ware Y Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr On the passage of the Bill, the ayes were 142, nays 4. The Bill, having received the requisite constitutional majority, was passed. Representatives Smith of the 152nd, Rainey of the 135th, and Crawford of the 5th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 461. By: Representatives Hanner of the 131st, Chambless of the 133rd, Richardson of the 52nd, Hooks of the 116th, Coleman of the 118th, and Steinberg of the 46th: A BILL to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to define the role of county boards of health regarding certain functions relating to personal care homes; to provide for definitions; to provide for criminal records checks and determinations based thereon for directors and employees of personal care homes; and for other purposes. The following amendment was read and adopted: 1350 JOURNAL OF THE HOUSE, The Committee on Public Safety moves to amend HB 461 as follows: 2 - Line 21 Strike the words "a violation of Code" on line 21 Strike the words "Section 16-5-20, relating to simple assault;" leaving the word "a" on line 22 Leave Line 23 as is Strike the words "a violation of Code Section" on line 24 Strike the words "16-5-23, relating to simple battery;" on line 25 leaving in the words "a violation of on line 25 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 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 485. By: Representative Colwell of the 4th: A BILL to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to permit the formulation of a sound program for the consolidated processing of unemployment compensation claims against state agencies and the payment of sums due to the Department of Labor; and for other purposes. 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.M Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M Beck Benefield Benn Y Birdsong Bishop Bolster Y Bostick Y Branch Bray Y Brooks Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Y Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Dunn Y Edwards Evans Y Felton Foster Y Galer YGodbee Y Goodwin Greene Y Greer Y Groover Y Hamilton Y Manner Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson,N Y Jamieson Y Johnson.D Y Johnson,? Johnson,R Y Johnson.S Y Kilgore Y Kingston Lane,D Y Lane,R Lawler Y Lawrence Y Lawson Y Lee,C Y Lee.W Y Linder YLogan Long Lord Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Moody Y Moore YMorton Mostiler Moultrie Y Mueller Oliver.C Y Oliver.D Y Padgett Y Pannell YParham Parrish Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,P Ross Y Royal Y Russell Selman Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith.P Y Smith.T YSmyre Y Stancil Steinberg Y Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplett THURSDAY, FEBRUARY 21, 1985 1351 Y Twiggs Y Waddle YWaldrep Walker,C Y Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y WiUiams,B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Yeargin Young Murphy,Spkr On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 601. By: Representative Bargeron of the 108th: A BILL to amend Code Section 40-9-32 of the Official Code of Georgia Annotated, relating to determination of amount of security required, hearings, and judicial review with respect to the operation of motor vehicles, so as to change the provisions, relating to recovery of judgments for damages resulting from accidents; and for other purposes. The following amendment was read and adopted: The Committee on Judiciary moves to amend HB 601 by striking from line 12 of page 2 the following: "or and". and inserting in lieu thereof the following: "or". By adding after the period and before the quotation mark on line 13 of page 2 the following: "The license of the one depositing the security will not then be suspended." 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.M Y Aiken Y Alford Y Alien YAnderson YArgo YAthon Y Atkins YAuten Y Bailey YBalkcom Y Bannister Y Bargeron YBarnett.B Y Barnett,M YBeck Benefield Benn Birdsong Bishop Bolster YBostick Y Branch Bray Brooks Brown.G Y Brown.J Y Buck Y Burruss Y Byrd Y Carter Y Chambleas Chance Y Cheeks YChilden Childs YClark,B Y Clark.L Colbert Y Coleman Y Colwell Y Cornell Cooper YCopelan Couch Y Cox Y Crawford YCrosby YCummings YDaugherty Davit Dean Y Dixon Y Dobbs Y Dover Dunn Y Edwards Evans Y Felton Y Foster Y Galer Y Godbee Y Goodwin Greene Y Greer Y Groover Y Hamilton Y Manner Y Hasty Y Hays Y Heard Y Hill Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Y Jackson.J Y Jackson.N Y Jamieson Y Johnson> Y Johnson,F Johnson,R Johnson.S Y Kilgore Y Kingston Lane,D Y Lane,R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan Y Long Lord Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin.J Y Matthews Y McDonald Y McKelvey McKinney Y Milam Milford Y Moody Y Moore Morton Mostiler Y Moultrie Mueller Oliver.C Y Oliver,D Y Padgett Y Pannell Y Parham Parrish Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Ramsey,V Randall Y Ransom Y Ray Reaves Redding Richardson Robinson.C 1352 JOURNAL OF THE HOUSE, Y Robinson,? Ross Y Royal Y Russell Selman Shepard Y Sherrod Sinkfleld Y Sizemore Y Smith,L Y Smith,P Y Smith.T Smyre Y Stancil Stein berg Y Thomas.C Thomas.M Thompson Y Townsend Y Triplet! Y Twiggs Waddle Y Waldrep Walker.C Y Walker.L YWall Ware Watson Watts White Y Wilder Y Williams.B Y Williams,J Williams.R Y Wilson Y Wood Workman Yeargin Young Murphy ,Spkr On the passage of the Bill, as amended, the ayes were 119, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Morton of the 47th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 681. By: Representative Bray of the 91st: A BILL to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions pertaining to the State Merit System of Personnel Administration, so as to change the definition of the term "unclassified service"; to exclude certain positions in the Department of Labor from the classified service; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 103, nays 0. The Bill, having received the requisite constitutional majority, was passed. The Speaker Pro Tern assumed the Chair. HB 679. By: Representative Smith of the 152nd: A BILL to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to authorize barbershops to employ certain persons without being required to be licensed as beauty shops or salons; to change the requirements for a license to teach barbering; and for other purposes. The report 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. HR 106. By: Representative McDonald of the 12th: A RESOLUTION Creating the Joint Study Committee on Superior Court Judgeships; and for other purposes. WHEREAS, in recent years there has been steady and continuous growth in the number of superior court Judgeships created by the General Assembly; and WHEREAS, continuing requests for the creation of new Judgeships indicate a continuation of this trend; and THURSDAY, FEBRUARY 21, 1985 1353 WHEREAS, each new creation of a superior court judgeship imposes a considerable burden on the state's finances; and WHEREAS, it is possible that reapportionment of judicial circuits or some other method of reassignment of superior court judges' caseloads could minimize the need for creation of new judgeships without impairing judicial efficiency or adversely increasing judicial workloads. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Superior Court Judgeships to be composed of five members of the House of Representatives to be appointed by the Speaker of the House and five members of the Senate to be appointed by the Lieutenant Governor. The chairman of the committee shall be appointed by the Speaker of the House and the vice-chairman of the committee shall be appointed by the Lieutenant Governor. BE IT FURTHER RESOLVED that the committee shall undertake a study of the issue of whether reapportionment of judicial circuits or some other method of reassignment of superior court judges' caseloads could minimize the need for creation of new superior court judgeships without impairing judicial efficiency or adversely increasing judicial workloads. 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 1, 1985, at which time the committee shall stand abolished. The following amendment was read and adopted: Representative Lee of the 72nd moves to amend HR 106 by changing on page 2, line 14, the word "ten" and substitute the word "five". On the adoption of the Resolution, as amended, the ayes were 90, nays 2. The Chair voted "aye". On the adoption of the Resolution, as amended, the ayes were 91, nays 2. The Resolution, having received the requisite constitutional majority, was adopted, as amended. HR 51. By: Representative Parham of the 105th: A RESOLUTION compensating the Baldwin County Board of Commissioners; 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 118, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 113. By: Representatives Benefield of the 72nd, Holcomb of the 72nd, Johnson of the 72nd, and Bailey of the 72nd: A RESOLUTION compensating Ms. Charlotte Chancellor; and for other purposes. 1354 JOURNAL OF THE HOUSE, The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 113 on page two, line four: By removing the amount of $1,500.00 and inserting in lieu thereof the amount of $300.00. 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 118, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. HR 22. By: Representative Sinkfield of the 37th: A RESOLUTION compensating Eddie Hammonds, Jr.; and for other purposes. The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 22: On line 17 change the figure "624.00" to "350.00". The report of the Committee, which was favorable to adoption of the Resolution, as amended, was agreed to. On the adoption of the Resolution, as amended, the ayes were 118, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. HR 99. By: Representative Johnson of the 72nd: A RESOLUTION compensating Mr. David M. Burns; 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 118, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 119. By: Representative Ray of the 98th: A RESOLUTION compensating Mr. Floyd Keen; and for other purposes. The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 119: On page 1, line 20, strike the following: "the sum of $700.75" and insert in lieu thereof the following: "an amount not to exceed $697.86" THURSDAY, FEBRUARY 21, 1985 1355 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 118, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. HB 565. By: Representatives Wood of the 9th, Galer of the 97th, Bailey of the 72nd, Hays of the 1st, Padgett of the 86th, and others: A BILL to amend Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, so as to change the name of the Georgia State Guard to State Defense Force; and for other purposes. 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,M Aiken Y Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Benefleld Benn Y Birdsong Bishop Bolster Bostick Branch YBray Y Brooks Brown.G Y Brown,J YBuck Y Burruss YByrd Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Colbert Coleman Y Colwell Connell Cooper Y Copelan Y Couch YCoi Y Crawford Y Crosby Y Cummings Y Daugherty YDavis Dean Y Dixon YDobbs Y Dover Y Dunn Y Edwards Y Evans Y Felton Y Foster Y Galer YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Hudson Y Isakson Y Jackson.J Jackson.N Y Jamieson Y Johnson.D Y Johnson.F Johnson,R Y Johnson.S Kilgore Y Kingston Y Lane,D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C YLee.W Y Under YLogan YLong YLord Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Oliver.C Y Oliver,D Y Padgett Y Pannell YParham Y Parrish Patten Peters Pettit Y Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Reaves Y Redding Y Richardson Robinson,C Y Robinson.P YRoss Y Royal Y Russell Y Selman Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L Y Smith.P Y Smith,T YSmyre Y Stancil Y Steinberg Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L N Wall Ware Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy.Spkr On the passage of the Bill, the ayes were 139, nays 1. The Bill, having received the requisite constitutional majority, was HB 614. By: Representatives Martin of the 26th, Walker of the 115th, Childs of the 53rd, Greer of the 39th, and Holmes of the 28th: A BILL to amend Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to filing of petitions seeking relief from family violence, so as to provide for additional duties of court clerks and certain other persons regarding victims and petitioners in actions regarding family violence; to provide that the performance 1356 JOURNAL OF THE HOUSE, of such duties shall not constitute the unauthorized practice of law; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Benefield Benn Y Birdsong Bishop Bolster Bostick Branch YBray Y Brooks Brown.G Y Brown,J YBuck Y Burruss YByrd Carter Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L Y Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Dunn Y Edwards Y Evans Felton Y Foster Y Galer YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J Jackson,N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane.D Lane.R Y Lawler Lawrence Y Lawson YLee.C Y Lee.W Y Linder YLogan YLong Lord Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey Y McKinney Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Oliver.C Y Oliver.D Y Padgett Y Pannell Parham Y Parrish Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,? YRoss Y Royal Y Russell YSelman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Smith.T Y Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Watson Watts White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Wilson Y Wood Workman Yeargin Y Young Murphy ,Spkr On the passage of the Bill, the ayes were 140, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 655. By: Representatives Heard of the 43rd, Murphy of the 18th, Dover of the llth, Ross of the 82nd, Watts of the 41st, and Barnett of the 10th: A BILL to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers and their regulation by the Public Service Commission, so as to provide that any appeal of a decision of an employee of the commission relating to motor carriers shall be heard by the commission itself; to provide that certain matters which have previously been decided on appeal by an employee of the commission may be further appealed to the commission itself; and for other purposes. The following Committee substitute was read: A BILL To amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers and their regulation by the Public Service Commission, so as to provide that any appeal of a decision of an employee of the commission relating to motor carriers THURSDAY, FEBRUARY 21, 1985 1357 shall be considered by the commission itself; to provide that certain matters which have previously been decided on appeal by an employee of the commission may be further appealed to the commission itself; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers and their regulation by the Public Service Commission, is amended by striking Code Section 46-7-29, relating to delegation of the powers of the Public Service Commission in decision of matters relating to motor common carriers, and inserting in its place a new Code section to read as follows: "46-7-29. In any case pending before the commission pursuant to this article, the commission shall be authorized to delegate any of its authority under this article to designated employees of the commission; and decisions of such employees shall have the same effect as decisions of the commission; provided, however, that any party to a proceeding who is aggrieved by a final decision of an employee of the commission shall have the right of appeal to the commission from such decision. Any such appeal shall be considered by the commission. Any party who has on or after July lj 1984, and prior to July 1^ 1985, appealed a final decision of an employee of the commission and had such appeal determined other than by the commission itself may further appeal such decision to the commission itself, if a written request for such further appeal is filed not later than July 31, 1985. The appeal shall in all other cases be filed no later than the tenth day after the decision of the employee, and the commission shall set the date for the hearing of the appeal unless the party whose ease is pending before the commission requests in writing that the commission itself har the case." Section 2. Said chapter is further amended by striking Code Section 46-7-71, relating to delegation of the powers of the Public Service Commission in decision of matters relating to motor contract carriers, and inserting in its place a new Code section to read as follows: "46-7-71. In any case pending before the commission pursuant to this article, the commission shall be authorized to delegate any of its authority under this article to designated employees of the commission; and decisions of such employees shall have the same effect as decisions of the commission; provided, however, that any party to a proceeding who is aggrieved by a final decision of an employee of the commission shall have the right of appeal to the commission from such decision. Any such appeal shall be considered by the commission. Any party who has on or after July 1^ 1984, and prior to July lj 1985, appealed a final decision of an employee of the commission and had such appeal determined other than by the commission itself may further appeal such decision to the commission itself, if a written request for such further appeal is filed not later than July 31, 1985. The appeal shall in all other cases be filed no later than the tenth day after the decision of the employee, and the commission shall set the date for the hearing of the appeal unless the party whose case is pending before the commission requests t writing that the commission itself hear the ease." Section 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Heard of the 43rd and Watson of the 114th move to amend the Committee substitute to HB 655 as follows: Section 2. par. 46-7-71 line 30 after "...from such decision." delete the sentence that reads "any such appeal shall be considered by the commission." and insert the following: "Application for appeal from the employee's initial decision shall state the nature of the applicant's interest, the facts showing that the applicant is aggrieved by the 1358 JOURNAL OF THE HOUSE, employee's decision, and the grounds upon which the applicant contends that the decision should be reversed or modified. The appeal shall be confined to the evidence of record. The commission shall direct the employee to prepare and certify a record of the evidence. In not more than 20 days from date of receipt of application of appeal the commission shall, after consideration of the full commission, affirm or reverse the initial decision of the employee or assign the matter for oral argument, further hearing, or rehearing before the commission within 30 days. Where oral argument or further hearing, or rehearing is ordered by the commission, final order of the commission must be made not more than 15 days from conclusion of oral argument, further hearing or rehearing. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Aiken Y Alford Alien Y Anderson YArgo Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Benefield Benn Y Birdsong Bishop Y Bolster Y Bostick Branch YBray Brooks Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Clark,L Y Colbert Coleman Y Colwell Connell Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover YDunn Y Edwards Y Evans Y Felton Y Foster YGaler Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson.R Y Johnson,S Y Kilgore Y Kingston Y Lane.D Y Lane,R Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under Y Logan YLong Lord Lucas Y Lupton Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Milam Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Oliver.C Y 01iver,D Y Padgett Y Pannell Par ham Parrish Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Wilson Wood Workman Yeargin Y Young Murphy.Spkr 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 substitute, as amended. The following Resolution of the House was read and adopted: HR 270. By: Representative Copelan of the 106th: A RESOLUTION commending Chipman-Union, Inc.; and for other purposes. THURSDAY, FEBRUARY 21, 1985 1359 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 127. By: Senator Allgood of the 22nd: A BILL to amend Code Section 14-2-63 of the Official Code of Georgia Annotated, relating to venue in actions against corporations, so as to provide that corporations may be sued for torts, wrongs, and injuries in the county where the cause of action originated; and for other purposes. Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report: Mr. Speaker: Your Committee on Health & Ecology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 904 Do Pass Respectfully submitted, Childers of the 15th Chairman Representative Clark of the 55th 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 54 Do Pass Respectfully submitted, Clark of the 55th Chairman Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report: Mr. Speaker: Your Committee on Industry has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 314 Do Pass, by Substitute HB 917 Do Pass SB 108 Do Pass, as Amended 1360 JOURNAL OF THE HOUSE, Respectfully submitted, Watson of the 114th Chairman Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. Speaker: Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 534 Do Pass, by Substitute Respectfully submitted, Jackson of the 9th 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 following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 919 Do Pass Respectfully submitted, Buck of the 95th Chairman Representative Burruss of the 20th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed. The Speaker Pro Tern announced the House adjourned until 9:30 o'clock, tomorrow morning. FRIDAY, FEBRUARY 22, 1985 1361 Representative Hall, Atlanta, Georgia Friday, February 22, 1985 The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker. By unanimous consent, the call of the roll was dispensed with. Prayer was offered by the Reverend George H. Kinchen, Jr., Pastor, First Baptist Church, Hazlehurst, Georgia. Representative Balkcom of the 140th, 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 committees: HB 942. By: Representatives Robinson of the 58th and Workman of the 51st: A BILL to repeal an Act providing for a Board of Registrations and Elections in certain counties having a population of not less than 350,000 and not more than 500,000 according to the United States decennial census of 1970 or any future such census; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 943. By: Representatives Moody of the 153rd and Byrd of the 153rd: A BILL to amend an Act reincorporating and providing a new charter for the City of Baxley, so as to change the composition of the city council and the method of electing councilmen; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 944. By: Representatives Colwell of the 4th and Twiggs of the 4th: A BILL to amend an Act incorporating the Town of Morganton, so as to change the terms of office of the mayor and councilmen; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. 1362 JOURNAL OF THE HOUSE, HB 945. By: Representatives Williams of the 48th, Dobbs of the 74th, Dover of the llth, and Richardson of the 52nd: A BILL to amend Code Section 3-4-60 of the Official Code of Georgia Annotated, relating to the levy and amount of state excise taxes imposed on distilled spirits, so as to establish an excise tax upon the first sale, use, or final delivery within this state of all distilled spirits and alcohol; and for other purposes. Referred to the Committee on Ways & Means. HB 946. By: Representative Balkcom of the 140th: A BILL to amend an Act creating the State Court of Early County, so as to authorize the governing authority of Early County to appoint a qualified assistant district attorney of the Pataula Judicial Circuit to serve as the solicitor of the State Court of Early County with the approval of the district attorney of the Pataula Judicial Circuit; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 947. By: Representatives Mostiler of the 75th and Johnson of the 76th: A BILL to amend an Act consolidating the offices of tax receiver and tax collector of Spalding County, so as to change the compensation of the tax commissioner of Spalding County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 948. By: Representative Smith of the 78th: A BILL to amend an Act creating the board of commissioners of Butts County, so as to provide for a fivemember board of commissioners; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 949. By: Representative Lord of the 107th: A BILL to amend an Act creating a board of commissioners of Washington County, so as to provide for the board, its members, and chairman; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 950. By: Representative Lord of the 107th: A BILL to amend an Act placing the tax commissioner of Washington County upon an annual 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. HB 951. By: Representatives Lord of the 107th and Parrish of the 109th: A BILL to amend an Act placing the judge of the Probate Court of Johnson County on a salary system, so as to provide for clerical assistance for that judge; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 952. By: Representative Lord of the 107th: A BILL to amend an Act providing a new charter for the City of Tennille, so as to provide for city elections; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. FRIDAY, FEBRUARY 22, 1985 1363 HB 953. By: Representative Lord of the 107th: A BILL to amend an Act creating a charter for the City of Sandersville, so as to provide for city elections; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 954. By: Representative Lord of the 107th: A BILL to amend an Act incorporating the Town of Kite in the County of Johnson, so as to change the number of councilmen; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 955. By: Representatives Workman of the 51st, Robinson of the 58th, Richardson of the 52nd, Childs of the 53rd, Williams of the 54th, and others: A BILL to amend an Act creating the State Court of DeKalb County, so as to provide for the appointment of an additional assistant solicitor of said court; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 956. By: Representatives Wilson of the 20th, Cooper of the 20th, Atkins of the 21st, Johnson of the 21st, Lawler of the 20th, and others: A BILL to amend an Act creating the Downtown Marietta Development Authority, so as to enlarge the Downtown Marietta District; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 957. By: Representative Bolster of the 30th: A BILL to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb and creating a new charter for that city, so as to authorize the city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law"; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 958. By: Representatives Kilgore of the 42nd, Watts of the 41st, and Lee of the 70th: A BILL to amend an Act creating a new charter for the City of Douglasville, so as to change the provisions relating to the election of the mayor and councilmen; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 959. By: Representative Lane of the lllth: A BILL to reincorporate and provide a new charter for the City of Oliver in Screven County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 960. 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 provisions relating to the compensation of the deputy sheriffs, special deputy sheriffs, and secretary employed by the sheriff of Irwin County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. 1364 JOURNAL OF THE HOUSE, HB 961. By: Representative Branch of the 137th: A BILL to amend an Act creating the board of commissioners of Irwin County, so as to change provisions relating to the salary of the secretary of the board of commissioners; to change provisions relating to the salary 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 962. By: Representatives Thomas of the 69th and Pinkston of the 100th: A BILL to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the privilege for and release of medical information, so as to change the conditions under which medical information shall be released by physicians; and for other purposes. Referred to the Committee on Judiciary. HB 963. By: Representatives Mueller of the 126th, Ramsey of the 155th, Felton of the 22nd, and Davis of the 45th: A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries, so as to change the method of voting for presidential electors; to provide that voting a straight party or body ticket includes voting for all the candidates nominated by that party or body as presidential electors; and for other purposes. Referred to the Committee on State of Republic. HB 964. By: Representatives Thomas of the 69th, Lee of the 70th, and Shepard of the 71st: A BILL to provide for a special election to determine whether the members of the board of education of the Carroll County school district shall be elected rather than appointed; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 965. By: Representatives Thompson of the 20th, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st, and others: A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges of the state court; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 966. By: Representative Galer of the 97th: A BILL to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, so as to change the circumstances under which administrators and executors shall be required to give bond; and for other purposes. Referred to the Committee on Judiciary. HB 967. By: Representatives Alien of the 127th, Triplett of the 128th, Kingston of the 125th, Hamilton of the 124th, and Pannell of the 122nd: A BILL to provide for the compensation of the judges of the Recorder's Court of Chatham County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 968. By: Representatives Logan of the 67th and Argo of the 68th: A BILL to amend Code Section 28-2-1, relating to apportionment of the House of FRIDAY, FEBRUARY 22, 1985 1365 Representatives and qualifications of its members, so as to change the composition of certain state representative districts; and for other purposes. Referred to the Committee on Legislative & Congressional Reapportionment. Representative Peters of the 2nd moved that HB 968 be engrossed. Representative Clark of the 13th objected. On the motion, the roll call was ordered and the vote was as follows: N Aaron Y Adams,G Y Adams.M N Aiken Y Alford N Alien Y Anderson Y Argo NAthon Y Atkins Auten N Bailey N Balkcom Y Bannister Bargeron N Barnett,B N Barnett.M Beck N Benefield Benn N Birdsong N Bishop Y Bolster Y Bostick N Branch NBray N Brooks N Brown.G Y Brown,J YBuck YBurruss YByrd Y Carter Y Chambless Chance Cheeks Y Childers Y Childs N Clark,B N Clark.L Y Colbert N Coleman N Colwell Y Connell N Cooper N Copelan Y Couch Cox Crawford N Crosby Y Cummings N Daugherty Y Davis NDean Dixon YDobbs N Dover N Dunn Y Edwards Evans N Felton Foster Y Galer NGodbee Y Goodwin Greene NGreer N Groover Y Hamilton Hanner N Hasty Y Hays N Heard NHill N Holcomb N Holmes Y Hooks NHome N Hudson Y Isakson N Jackson,J Y Jackson.N Jamieson Y Johnson,D N Johnson,F N Johnson,R Y Johnson,S Kilgore Y Kingston YLane,D YLane,R N Lawler Y Lawrence N Lawson YLee.C NLee,W Y Linder YLogan Long Lord N Lucas Y Lupton Y Maddox Mangum N Martin.C Y Martin,J Matthews Y McDonald On the motion, the ayes were 71, nays 74. The motion was lost. McKelvey N McKinney N Milan N Milford N Moody N Moore N Morton Y Mostiler N Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell Parham N Parrish Patten Y Peters Y Pettit Y Phillips Pinks ton N Porter Y Rainey Ramsey.T Ramsey.V NRandall Y Ransom YRay N Reaves N Redding Y Richardson Y Robinson.C N Robinson,P Ross N Royal Russell Selman N Shepard N Sherrod N Sinkfield N Sizemore N Smith.L Y Smith,? N Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C N Thomas,M Thompson Y Townsend Y Triplett N Twiggs Y Waddle Y Waldrep Y Walker.C Walker ,L N Wall Ware Y Watson Watts White N Wilder N Williams,B N Williams.J N Williams.R Y Wilson N Wood Y Workman N Yeargin Y Young Murphy,Spkr HB 969. By: Representatives Bannister of the 62nd, Barnett of the 59th, Stancil of the 66th, Atkins of the 21st, Cheeks of the 89th, and others: A BILL to amend Article 1 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to definitions affecting postsecondary education, so as to provide that no person who is required to register for the draft shall be eligible to receive state funds under said chapter unless such person has registered for the draft; and for other purposes. Referred to the Committee on Education. HB 970. By: Representative Crosby of the 150th: A BILL to provide for reapportionment of the board of education of Clinch County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. 1366 JOURNAL OF THE HOUSE, HR 275. By: Representatives Pannell of the 122nd, Kingston of the 125th, and Triplett of the 128th: A RESOLUTION authorizing the conveyance of certain real property located in Chatham County, Georgia, to Rita N. Shinall; and for other purposes. Referred to the Committee on State Institutions & Property. HR 276. By: Representatives Pinkston of the 100th, Walker of the 115th, and Bolster of the 30th: A RESOLUTION relative to extension of federal solar energy tax credits; and for other purposes. Referred to the Committee on Rules. HR 277. By: Representatives Aaron of the 56th and Workman of the 51st: A RESOLUTION creating the House Law Enforcement Stress Management Study Committee; 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 923 HB 924 HB 925 HB 926 HB 927 HB 928 HB 929 HB 930 HB 931 HB 932 HB 933 HB 934 HB 935 HB 936 HB 937 HB 938 HB 939 HB 940 HB 941 HR 271 HR 272 SB 135 SB 208 SB 211 SB 221 SB 245 Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report: Mr. Speaker: Your Committee on Health & Ecology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 850 Do Pass, as Amended Respectfully submitted, Childers of the 15th Chairman Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report: Mr. Speaker: Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: FRIDAY, FEBRUARY 22, 1985 1367 HB 192 Do Pass HB 639 Do Pass, by Substitute Respectfully submitted, Watson of the 114th Chairman Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker: Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 696 Do Pass, by Substitute Respectfully submitted, Ware of the 77th Chairman The following report, submitted by Representative David E. Lucas, member of the Committee on Insurance, was received and read: House of Representatives Atlanta, Georgia February 21, 1985 MINORITY REPORT Mr. Speaker: The undersigned objects to the majority report on House Bill 696, by committee substitute, the objections being that this bill basically deprives our hospitals of revenue from paying patients. Respectfully submitted, /s/ David E. Lucas Representative District 102 dl;er Representative Evans of the 84th 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 27 Do Pass, by Substitute HB 175 Do Pass HB 335 Do Pass HB 711 Do Pass, as Amended HB 887 Do Pass, as Amended HB 907 Do Pass HB 173 Do Pass, by Substitute 1368 JOURNAL OP THE HOUSE, Respectfully submitted, Evans of the 84th 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 885 Do Pass HB 886 Do Pass HB 831 Do Pass, as Amended 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 234 Do Pass Respectfully submitted, Lee of the 72nd 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 Senate and has instructed me to report the same back to the House with the following recommendations: HB 686 Do Pass, by Substitute HB 847 Do Pass HR 219 Do Pass HR 220 Do Pass SB 26 Do Pass SB 90 Do Pass, as Amended SB 133 Do Pass SB 157 Do Pass SB 205 Do Pass SR 4 Do Pass, as Amended SR 9 Do Pass, as Amended SR 27 Do Pass, as Amended SR 50 Do Pass, as Amended SR 102 Do Pass SR 106 Do Pass Respectfully submitted, Colwell of the 4th Chairman FRIDAY, FEBRUARY 22, 1985 1369 Representative Bray of the 91st 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 following recommendations: HB 822 Do Pass, by Substitute HB 815 Do Pass, by Substitute Respectfully submitted, Bray of the 91st Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 881 Do Pass, by Substitute HB 893 Do Pass HB 894 Do Pass HB 895 Do Pass HB 896 Do Pass HB 897 Do Pass HB 898 Do Pass HB 899 Do Pass HB 900 Do Pass HB 901 Do Pass HB 902 Do Pass HB 903 Do Pass HB 905 Do Pass HB 909 Do Pass HB 910 Do Pass HB 913 Do Pass HB 920 Do Pass HB 921 Do Pass Respectfully submitted, Adams of the 36th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR FRIDAY, FEBRUARY 22, 1985 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 31st Legislative Day as enumerated below: HB 59 HB 70 HB 165 HB 182 HB 507 HB 643 HB 683 HB 695 HB 709 HB 919 Garnishment: Payment of Expenses Motor Vehicles: Towing Requirements Sheriffs' Retirement Fund: Board Membership Augusta Judicial Circuit: Add Judge Motor Carriers: Transport Hazardous Materials: Regs. Athletic Trainers: Licensing Abortion: Disposal of Fetus Insurers' Insolvency Pool: Amend Provisions Proprietary Schools: Amend Provisions Ga. Eminent Scholars Endowment Trust Fund: Create 1370 JOURNAL OF THE HOUSE, HR 122 Atlanta Charter Review Study Committee: Create HR 171 Governmental Liability Committee: Create HR 174 Richard B. Neville Memorial Bridge: Designate HR 199 Toombs Oak: UGA Campus: Historical Marker SB 82 Quality Basic Education Act: Enact ALL APPROPRIATIONS COMMITTEE APPROVED COMPENSATION RESOLUTIONS 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 of the House were taken up for consideration and read the third time: HB 881. By: Representative Smith of the 152nd: A BILL to amend an Act providing for the election of the board of education of Bacon County, so as to provide for the nonpartisan election of the chairman and five other members of the board; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act providing for the election of the board of education of Bacon County, approved February 20, 1976 (Ga. L. 1976, p. 2713), so as to provide for the nonpartisan election of the chairman and five other members of the board; to provide for election districts for each member; to provide for a single-term at-large member; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the election of the board of education of Bacon County, approved February 20, 1976 (Ga. L. 1976, p. 2713), is amended by striking Sections 1, 2, and 3 of Article II and inserting in their place new Sections 1, 2, and 3 to read as follows: "Section 1. (a) For purposes of electing the six members of the board of education of Bacon County, each of whom must reside in the district from which the person is to be elected, the county is divided into six districts as follows: District 1 All that territory embraced inside the boundaries of Bacon County District 2 Bacon Tract 9901 That part of Block 254 inside the City of Alma Those parts of Blocks 334 and 338 inside the City of Alma Blocks 351 through 373 and 390 through 395 FRIDAY, FEBRUARY 22, 1985 1371 Blocks 401 through 403 Blocks 616 through 627 and 639 through 642 Blocks 703 through 705 and 723 That part of Block 858 inside the City of Alma District 3 Bacon Tract 9901 Blocks 339 through 350, 374 through 389, and 396 through 399 Blocks 404 through 420 Those parts of Blocks 502, 503, and 527 inside the City of Alma Blocks 528 through 530 That part of Block 531 inside the City of Alma Block 532 Those parts of Blocks 533, 536, 538, and 539 inside the City of Alma Blocks 541 and 543 through 550 Blocks 601 through 615, 628 through 638, and 643 through 650 Blocks 701, 702, 706 through 722, and 724 through 734 Those parts of Blocks 735 and 736 inside the City of Alma That part of Block 857 inside the City of Alma District 4 Bacon Tract 9901 Block Group 1 Blocks 201 through 253 That part of Block 254 outside the City of Alma Blocks 255 and 257 through 267 Blocks 321, 322, and 329 through 333 That part of Block 334 outside the City of Alma Blocks 335 through 337 That part of Block 338 outside the City of Alma District 5 Bacon Tract 9901 That part of Block 539 outside the City of Alma Those parts of Blocks 735 and 736 outside the City of Alma Blocks 740 and 741 Those parts of Blocks 742 and 758 lying south of Georgia Power line 1372 JOURNAL OF THE HOUSE, Block 759 That part of Block 760 lying south of Georgia Power line Those parts of Blocks 801 and 803 lying south of Georgia Power line Blocks 804 through 820 and 822 through 856 Those parts of Blocks 857 and 858 outside the City of Alma Blocks 859 through 874 and 899 District 6 Bacon Tract 9901 Blocks 301 through 320 and 323 through 328 Blocks 421 through 452 Block 501 Those parts of Blocks 502 and 503 outside the City of Alma Blocks 504 through 526 Those parts of Blocks 527, 531, 533, and 536 outside the City of Alma Block 537 That part of Block 538 outside the City of Alma Blocks 737 through 739 That part of Block 742 lying north of Georgia Power line Blocks 743 through 755 and 757 Those parts of Blocks 758 and 760 lying north of Georgia Power line Blocks 761 through 797 That part of Block 801 lying north of Georgia Power line Block 802 That part of Block 803 lying north of Georgia Power line Blocks 888 and 889 (b) Any part of Bacon 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 or any future such census. (c) As used in this section, the terms 'tract' and 'block' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. When the description refers to a city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. Section 2. (a) Members of the board of education in office on the effective date of this Act shall continue to serve until the expiration of their respective terms. (b) (1) At the general election in 1986, there shall be elected three members of the board, one member each from Districts 2, 4, and 6. (2) At the general election in 1986, there shall be elected one at-large member for a term of two years. Such position shall be terminated at the expiration of such term and the board shall continue as a six-member board as provided for in this Act. FRIDAY, FEBRUARY 22, 1985 1373 (3) At the general election in 1988, the chairman shall be elected from District 1, which is the entire county, and one member each from Districts 3 and 5. (c) Each member shall be elected for a term to begin on January 1 following the member's election and until a successor is elected and qualified. Successors shall be elected at the general election immediately preceding the expiration of the term of office of the incumbent. (d) No person shall be eligible to qualify as a candidate for election to the board of education unless such person has been a bona fide resident, for at least one year immediately preceding the date of the general election, of the district from which he is a candidate. Candidates shall be elected by a majority of the qualified voters of the respective district voting at the election. All members shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code'; provided, however, that elections shall be nonpartisan and the names of the candidates shall be listed upon the ballot without party labels. Section 3. Vacancies occurring on the board which occur within the first two years of a term of office shall be filled by the remaining members of the board electing a successor to serve until the next general election, at which time a successor shall be elected by the electors of the district in which the vacancy occurred to serve out the unexpired term of office. Vacancies occurring during the last two years of a term of office shall be filled by the remaining members of the board electing a successor to serve out the unexpired term of office." Section 2. Not less than 30 days nor more than one year following the approval of this Act by the Governor or upon its becoming law without his approval, it shall be the duty of the election superintendent of Bacon County to issue the call for an election for the purpose of submitting this Act to the electors of the Bacon County School District for approval or rejection. The election superintendent shall issue the call for such election at least 30 days, but not more than 45 days, prior to the date set for the election. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bacon County. The ballot shall have written or printed thereon the words: "( ) YES ( ) NO Shall the Act providing for the nonpartisan election of the chairman and five members of the board of education of Bacon County, providing for a single-term at-large member, and providing for election districts and terms be approved?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect. Otherwise, it shall be void and of no force and effect. The expense of such election shall be borne by Bacon County. It shall be the duty of the election superintendent to hold and conduct such election. It shall be the superintendent's further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 893. By: Representatives Clark of the 13th and Milford of the 13th: A BILL to create and incorporate the City of Royston in the Counties of Franklin, Hart, and Madison and grant a new charter to that municipality under such corporate name and style; and for other purposes. 1374 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 894. By: Representatives Clark of the 13th, Yeargin of the 14th, and Milford of the 13th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation, powers, authority, funds, purposes, and procedures of the Madison County Industrial Development and Building 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 895. By: Representatives Clark of the 13th, Yeargin of the 14th, and Milford of the 13th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the election, qualifications, and terms of office of members of the Board of Education of Madison 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 896. By: Representative Sizemore of the 136th: A BILL to amend an Act providing a new charter for the City of Sylvester, so as to provide for the election of the mayor and members of the council; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 897. By: Representative Clark of the 13th: A BILL to amend an Act abolishing the present mode of compensating the clerk of the superior court, the judge of the probate court, the tax commissioner, and the coroner of Madison County, known as the fee system, and providing in lieu thereof annual salaries for such officers, so as to change the compensation of the clerk of the superior court, the judge of the probate court, and 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. FRIDAY, FEBRUARY 22, 1985 1375 The Bill, having received the requisite constitutional majority, was passed. HB 898. By: Representative Clark of the 13th: A BILL to amend an Act abolishing the present mode of compensating the sheriff of Madison County, known as the fee system, and providing in lieu thereof annual salaries for said officer, 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 899. By: Representative Clark of the 13th: A BILL to provide for the member- ship of the Madison County Industrial Development and Building 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 900. By: Representative Parrish of the 109th: A BILL to amend an Act establishing the State Court of Candler County, so as to provide for comprehensive revision of the provisions relating to such court to conform such provisions to the Constitution and laws of this state; to provide for jurisdiction, powers, and authority; to provide for judges, solicitors, and other officers; and for other purposes. The report 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 901. By: Representative Parrish of the 109th: A BILL to provide that the tax commissioner of Candler County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Candler County to reimburse the county for the cost of collecting school taxes; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 902. By: Representative Parrish of the 109th: A BILL to amend an Act providing for a chief magistrate and a magistrate of the Magistrate Court of Candler County, so as to provide for the appointment of the chief magistrate and magistrate by the Board of Commissioners of Candler County; and for other purposes. 1376 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 903. By: Representatives Yeargin of the 14th and Clark of the 13th: A BILL to amend an Act creating a board of commissioners of Madison County, so as to provide for salaries and expenses of the chairman and board members; to provide for a car or truck for the chairman and the foreman of public works; and for other purposes. The report 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 905. By: Representative Long of the 142nd: A BILL to amend an Act incorporating the City of Cairo, so as to change the name of the recorder's court to the municipal court; to change the title of the recorder to municipal court judge; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 909. By: Representative Smith of the 152nd: A BILL to amend an Act creating a board of commissioners of Pierce County, so as to provide for a five- member 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 910. By: Representative Smith of the 152nd: A BILL to amend an Act approved April 12, 1982, providing for the composition and selection of the board of education of Pierce County, so as to provide that each member of the board of education shall be elected by the voters residing within the education district in which such member has offered as a candidate; and for other purposes. The report 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 913. By: Representatives Thompson of the 20th, Lawler of the 20th, Wilson of the 20th, Cooper of the 20th, Aiken of the 21st, and Burruss of the 20th: A FRIDAY, FEBRUARY 22, 1985 1377 BILL to amend an Act amending, revising, consolidating, and superseding the several Acts incorporating the Town of Austell and reincorporating said town as a city, so as to change the 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 920. By: Representative Chance of the 129th: A BILL to amend, consolidate, create, revise, and supersede the several Acts incorporating the City of Pembroke, in the County of Bryan, and any and all amendments thereto and relating thereto incorporating the City of Pembroke; and for other purposes. The report 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 921. By: Representative Chance of the 129th: A BILL to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge and the solicitor of said court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 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 246. By: Senator Scott of the 2nd: A BILL to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to change the provisions relating to the judge emeritus of the Municipal Court of Savannah; to provide that said judge emeritus shall serve as judge of the Magistrate Court of Chatham County upon the call of the chief magistrate; and for other purposes. SB 250. By: Senator McKenzie of the 14th: A BILL to provide for the board of education for the Macon County School District; and for other purposes. SB 259. By: Senator Kidd of the 25th: A BILL to amend an Act providing changes in the Magistrate Court of Morgan County, so as to authorize the chief magistrate of the Magistrate Court of Morgan County to select the clerk of 1378 JOURNAL OF THE HOUSE, the magistrate court; to provide qualifications and compensation for such clerk; and for other purposes. HB 538. By: Representative Pettit of the 19th: A BILL to amend an Act incorporating the City of White, so as to change the manner in which vacancies on the board of aldermen are filled; and for other purposes. HB 608. By: Representatives Dobbs of the 74th and Stancil of the 66th: A BILL to amend an Act providing for a new board of education of Newton County, so as to change the compensation of the chairman and members of that board; and for other purposes. HB 760. By: Representatives Thomas of the 69th and Lee of the 70th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation of the Carrollton Payroll Development Authority as a constitutional body and a public corporation; and for other purposes. SB 89. By: Senator Tysinger of the 41st: A BILL to amend Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to locations at which the uniform rules of the road law is applicable, so as to change the provisions relating to certain offenses; and for other purposes. SB 232. By: Senators Gillis of the 20th, Ray of the 19th, Huggins of the 53rd, and English of the 21st: A BILL to amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, so as to provide that purchasers of timber shall record certain information relative to timber sales transactions; to provide that such information shall be provided to the seller of such timber; and for other purposes. SB 234. By: Senator Baldwin of the 29th: A BILL to amend Code Section 9-11-17 of the Official Code of Georgia Annotated, relating to parties, plaintiff, and defendant in civil actions, so as to provide for the receipt of the proceeds of any personal action by a next friend to be conditioned upon sufficient bond; to provide for practices and procedures; and for other purposes. SB 240. By: Senators Howard of the 42nd and Stumbaugh of the 55th: A BILL to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide that a person commits the offense of criminal trespass when he intentionally damages any property of another without his consent and the damage thereto is $250.00 or less; and for other purposes. SB 57. By: Senators Garner of the 30th, Dean of the 31st, Barnes of the 33rd, and others: A BILL to amend Article 2 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to robbery, so as to provide that a person commits the offense of pharmacy robbery when, in the course of committing a theft of any controlled substance, such person violates Code Section 16-8-41, relating to armed robbery; and for other purposes. SB 66. By: Senator Allgood of the 22nd: A BILL to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to make it the duty of the clerk to ascertain that a lien FRIDAY, FEBRUARY 22, 1985 1379 or judgment contains the name, address, and social security number of the person against whose property the lien is filed; to require persons presenting liens or judgments for filing to provide such information; and for other purposes. HB 58. By: Representatives Jackson of the 9th, Colwell of the 4th, and Anderson of the 8th: A BILL to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to set forth procedures and requirements which shall be adhered to prior to the acceptance by the Department of Public Safety of donations or conveyances of property, equipment, or services; and for other purposes. HB 228. By: Representative Johnson of the 72nd: A BILL to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, known as the "Georgia Fiscal Note Act," so as to delete from said article the provisions thereof dealing with retirement bills; and for other purposes. HB 255. By: Representatives Patten of the 149th, Cox of the 141st, and Bargeron of the 108th: A BILL to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change the provisions relating to the qualifications of a coroner; to change the provisions relating to the bond required of a coroner; and for other purposes. HB 331. By: Representative Milford of the 13th: A BILL to amend Article 1 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions under the "Employment Security Law," so as to provide for appeals by an employer or by the Georgia Department of Labor in certain proceedings; and for other purposes. HB 373. By: Representative Chambless of the 133rd and others: A BILL to amend Article 5 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, known as "The Georgia Gift to Minors Act," so as to define the term "financial institution"; and for other purposes. HB 374. By: Representative Chambless of the 133rd and others: A BILL to amend Part 2 of Article 3 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the operation and regulation of credit unions, so as to authorize any credit union in its bylaws to provide for separate classes of shares for borrowers and depositors and to increase the par value of each share for each class; to provide for a minimum par value; and for other purposes. HB 375. By: Representative Chambless of the 133rd and others: A BILL to amend Code Section 11-1-201 of the Official Code of Georgia Annotated, relating to general definitions in the Uniform Commercial Code, so as to redefine the term "bank"; and for other purposes. HB 495. By: Representatives Rainey of the 135th, Phillips of the 120th, Walker of the 115th, Smyre of the 92nd, and Benefield of the 72nd: A BILL to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic and natural areas, memorials, and recreation; to provide for the establishment of nongame wildlife conservation programs and wildlife habitat acquisition programs by the Department of Natural Resources; and for other purposes. 1380 JOURNAL OF THE HOUSE, The Senate has adopted by the requisite constitutional majority the following Resolutions of the House: HR 259. By: Representatives Alford of the 57th, Dohbs of the 74th, Childs of the 53rd, and Heard of the 43rd: A RESOLUTION commending L. Dennis Ballou; and for other purposes. HR 175. By: Representatives Alford of the 57th, Wilson of the 20th, Heard of the 43rd, and Royal of the 144th: A RESOLUTION recognizing the Georgia Institute of Technology on the occasion of the one-hundredth anniversary of its chartering and inviting Dr. Joseph Pettit, President of the Georgia Institute of Technology, to appear before the General Assembly; and for other purposes. HR 183. By: Representatives Reaves of the 147th and Walker of the 115th: A RESOLUTION urging the imposition of a 120 day moratorium on all farm foreclosures; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House: HB 77. By: Representatives Steinberg of the 46th, Bray of the 91st, Groover of the 99th, Galer of the 97th, Redding of the 50th, and Richardson of the 52nd: A BILL to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide for review of proposed rules and regulations of the State Personnel Board by certain committees of the General Assembly; and for other purposes. HB 244. By: Representatives Rainey of the 135th, Twiggs of the 4th, Oliver of the 121st, Peters of the 2nd, and Hays of the 1st: A BILL to amend Code Section 27-2-25.1 of the Official Code of Georgia Annotated, relating to the suspension of hunting licenses for negligent hunting, so as to amend the procedures for the administrative hearings on such suspensions; and for other purposes. HB 592. By: Representatives Porter of the 119th, Parrish of the 109th, Birdsong of the 104th, Coleman of the 118th, and Lord of the 107th: A BILL to provide for the payment of supplements to the salaries of the judges of the superior courts of the Dublin Judicial Circuit by the counties comprising such circuit; and for other purposes. The Senate has adopted, as amended, by the requisite constitutional majority the following Resolution of the House: HR 170. By: Representatives Murphy of the 18th and Lee of the 72nd: A RESOLUTION creating the Local Constitutional Amendments Overview Committee; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House: HB 452. By: Representatives Coleman of the 118th, Home of the 103rd, and Jackson of the 9th: A BILL to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to change the delinquency charge; to remove the finance charge FRIDAY, FEBRUARY 22, 1985 1381 limitations on certain loans; to provide that a claim of violation on any loan or contract secured by an interest in a motor vehicle may be asserted in an individual action only and may not be the subject of a class action; and for other purposes. The Senate insists on its substitute to the following Bill of the House: HB 36. By: Representatives Lane of the 27th, Greer of the 39th, Adams of the 36th, Clark of the 55th, Redding of the 50th, and Couch of the 40th: A BILL to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to add two new members to the Board of Directors of the Authority; to provide for additional residency requirements; and for other purposes. The Senate adheres to its disagreement to the House substitute and has appointed a committee of conference to confer with a like committee on the part of the House on the following Bill of the Senate: SB 20. By: Senators Burton of the 5th, Dean of the 31st, Deal of the 49th, and Turner of the 8th: A BILL to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to revise and reorganize Chapter 3, relating to access to and use of public buildings by handicapped and elderly persons, so as to provide for legislative intent; to require certain buildings and facilities and components thereof to comply with certain standards; and for other purposes. The President has appointed on the part of the Senate the following Senators: Burton of the 5th, Dean of the 31st, and Garner of the 30th. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 57. By: Senators Garner of the 30th, Dean of the 31st, Barnes of the 33rd, and others: A BILL to amend Article 2 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to robbery, so as to provide that a person commits the offense of pharmacy robbery when, in the course of committing a theft of any controlled substance, such person violates Code Section 16-8-41, relating to armed robbery; and for other purposes. Referred to the Committee on Judiciary. SB 66. By: Senator Allgood of the 22nd: A BILL to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to make it the duty of the clerk to ascertain that a lien or judgment contains the name, address, and social security number of the person against whose property the lien is filed; to require persons presenting liens or judgments for filing to provide such information; and for other purposes. Referred to the Committee on Judiciary. SB 89. By: Senator Tysinger of the 41st: A BILL to amend Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to locations at which the uniform rules of the road law is applicable, so as to change the provisions relating to certain offenses; and for other purposes. Referred to the Committee on Motor Vehicles. 1382 JOURNAL OF THE HOUSE, SB 127. By: Senator Allgood of the 22nd: A BILL to amend Code Section 14-2-63 of the Official Code of Georgia Annotated, relating to venue in actions against corporations, so as to provide that corporations may be sued for torts, wrongs, and injuries in the county where the cause of action originated; and for other purposes. Referred to the Committee on Judiciary. SB 232. By: Senators Gillis of the 20th, Ray of the 19th, Huggins of the 53rd, and English of the 21st: A BILL to amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, so as to provide that purchasers of timber shall record certain information relative to timber sales transactions; to provide that such information shall be provided to the seller of such timber; and for other purposes. Referred to the Committee on Natural Resources & Environment. SB 234. By: Senator Baldwin of the 29th: A BILL to amend Code Section 9-11-17 of the Official Code of Georgia Annotated, relating to parties, plaintiff, and defendant in civil actions, so as to provide for the receipt of the proceeds of any personal action by a next friend to be conditioned upon sufficient bond; to provide for practices and procedures; and for other purposes. Referred to the Committee on Special Judiciary. SB 240. By: Senators Howard of the 42nd and Stumbaugh of the 55th: A BILL to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide that a person commits the offense of criminal trespass when he intentionally damages any property of another without his consent and the damage thereto is $250.00 or less; and for other purposes. Referred to the Committee on Special Judiciary. SB 246. By: Senator Scott of the 2nd: A BILL to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to change the provisions relating to the judge emeritus of the Municipal Court of Savannah; to provide that said judge emeritus shall serve as judge of the Magistrate Court of Chatham County upon the call of the chief magistrate; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 250. By: Senator McKenzie of the 14th: A BILL to provide for the board of education for the Macon County School District; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 259. By: Senator Kidd of the 25th: A BILL to amend an Act providing changes in the Magistrate Court of Morgan County, so as to authorize the chief magistrate of the Magistrate Court of Morgan County to select the clerk of the magistrate court; to provide qualifications and compensation for such clerk; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. The following Resolutions of the House were read and adopted: FRIDAY, FEBRUARY 22, 1985 1383 HR 273. By: Representative Thomas of the 31st: A RESOLUTION expressing sympathy at the passing of Mr. Eddie Brice Murphy; and for other purposes. HR 278. By: Representative Lord of the 107th: A RESOLUTION urging the United States Postal Service not to close the post office in the City of Oconee; and for other purposes. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 234. By: Representatives Hasty of the 8th, Anderson of the 8th and Barnett of the 10th: A RESOLUTION inviting Honorable Phil Landrum to address the House of Representatives on Monday, February 25, 1985; and for other purposes. The following Resolution of the House was read and referred to the Committee on Rules: HR 274. By: Representatives Wood, Jackson, and Lawson of the 9th, and others: A RESOLUTION commending Bill Elliott and inviting him to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate was taken up for consideration and read the third time: SB 82. By: Senators Barnes of the 33rd, Dean of the 31st, Trulock of the 10th, and others: 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 provide for a quality basic education in every school in Georgia; to provide for a statewide curriculum; to provide for instructional programs; to provide for grants to local units of administration for the operation of educational programs; to provide for essential instructional and support services resources; and for other purposes. The following Committee substitute was read: A BILL To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide for a quality basic education in every public school in Georgia; to provide for a short title and for the purposes of this article; to state legislative intent concerning the achievement of certain goals; to provide for a state-wide curriculum; to provide for instructional programs; to provide for grants to local units of administration for the operation of educational programs; to provide for essential instructional and support services resources; to provide for public school personnel certification and other personnel regulations; to provide for the powers and duties of the State Board of Education, the State School Superintendent, and local units of administration; to provide for improved personnel and programs through innovation and incentives; to provide for staff development for personnel of local units of administration; to provide for regional educational service agencies; to provide for planning and evaluation of programs and services of local units of administration and for assessment of student achievement; to provide for middle schools, for capital outlay, and for the needs of small and sparsely populated local units of administration; to provide for withholding of state funds under certain circumstances; to provide for penalties; to repeal Code Section 20-2-37 1384 JOURNAL OF THE HOUSE, of the Official Code of Georgia Annotated, relating to annual reports by superintendents; to repeal Code Section 20-2-38 of the Official Code of Georgia Annotated, relating to reports from local officials; to repeal Code Section 20-2-56 of the Official Code of Georgia Annotated, relating to workshops for county and other boards; to repeal Code Section 20-2-61 of the Official Code of Georgia Annotated, relating to reorganizing schools; to repeal Code Section 20-2-670 of the Official Code of Georgia Annotated, relating to no discrimination; to repeal Code Section 20-2-671 of the Official Code of Georgia Annotated, relating to no tuition for certain persons; to repeal Code Section 20-2-720 of the Official Code of Georgia Annotated, relating to attendance reports; to repeal Code Section 20-2-941 of the Official Code of Georgia Annotated, relating to notice of renewal of contracts; to repeal Code Section 20-2-1030 of the Official Code of Georgia Annotated, relating to courses in health and physical education; to repeal Code Section 20-2-1031 of the Official Code of Georgia Annotated, relating to teacher training courses in health and physical education; to repeal Code Section 20-2-1032 of the Official Code of Georgia Annotated, relating to employment of supervisors and special teachers of health and physical education; to provide for enrollment by instructional program and full-time equivalency counts, certification, and applicant testing, state minimum salary schedules, career ladders and other compensation, program grants, and electronic technology plans from July 1, 1985, through July 1, 1986; to provide for all matters relative to the foregoing; to provide for construction; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Parti Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking in its entirety Article 6, known as the "Adequate Program for Education," relating to instructional and supportive services; cooperative educational service agencies; grants to local units for operation of educational programs; district power equalization; capital outlay funds; program standards, assessments, and improvements; powers and duties of the State Board of Education, State School Superintendent, and local units of administration; and other related matters, and inserting in lieu thereof a new Article 6 to read as follows: "ARTICLE 6 Part 1 20-2-130. This article shall be known and may be cited as the 'Quality Basic Education Act.' 20-2-131. The General Assembly of Georgia, recognizing the need for: (1) Implementing a quality basic education curriculum in public schools state wide which ensures that each student is provided ample opportunity to develop competencies necessary for life-long learning as well as the competencies needed to maintain good physical and mental health, to participate actively in the governing process and community activities, to protect the environment and conserve public and private resources, and to be an effective worker and responsible citizen; (2) Providing all children and youth in Georgia with access to a quality program which supports their development of essential competencies in order that they may realize their potential; (3) Providing a financed public education structure which ensures that every student has an opportunity for a quality basic education, no matter where he lives and ensures that all Georgians pay their fair share of this finance structure; (4) Establishing and maintaining state-wide standards which ensure that each student may have access to a quality program; (5) Making teaching an attractive and rewarding profession in order to attract, retain, and fully utilize highly competent personnel in all public schools of the state; (6) Providing effective staff development and attractive incentive programs which will motivate public school personnel to enhance their competencies and perform to their potential throughout their career; FRIDAY, FEBRUARY 22, 1985 1385 (7) Providing local school systems with the incentives, resources, and technical assistance they need to plan and implement improvements in their programs on a continuing basis; (8) Providing parents and the general public with information on the quality of schools and the achievement of the public school students in Georgia; (9) Providing appropriate school facilities in which quality educational programs can be offered, particularly in the small and sparsely populated school systems; and (10) Providing a means whereby the foregoing might be met in order to provide an opportunity for a quality basic education to the citizens of the state and to discharge the responsibilities and obligations of the state to ensure a literate and informed society does establish the Quality Basic Education Program. It is declared to be the policy of this state to assure that each Georgian has access to quality instruction, as defined in this article, designed to improve upon a student's learning capacity. It is further declared that no student shall be refused admission into or be excluded from any public school in the state on account of race, creed, color, or national origin. 20-2-132. It is the intent of the General Assembly that the primary goals of this article shall be as follows: (1) A substantial reduction in the number of teachers who leave the teaching profession for reasons of job dissatisfaction; (2) A decrease in the percentage of students who enter high school but do not graduate; (3) The elimination of emergency teaching certificates and waivers for teaching outside of specialty; (4) A decrease in the percentage of students who fail the State Basic Skills Test in the tenth grade; (5) A significant increase in the test scores of Georgia students who take the Scholastic Aptitude Test (SAT); and (6) An increase in the number of students mastering each skill in reading, mathematics, or other subject test areas. Part 2 20-2-140. The State Board of Education shall establish competencies that each student is expected to master prior to completion of his public school education. The State Board of Education shall also establish competencies for which each student should be provided opportunities, at the discretion of the student and his parents, to master. Based upon these foregoing competencies, the State Board of Education shall adopt a uniformly sequenced core curriculum for grades kindergarten through 12. All local units of administration shall include this uniformly sequenced core curriculum as the basis for their own curriculum; although they may expand and enrich this curriculum to the extent they deem necessary and appropriate for their students and their community. 20-2-141. The State Board of Education shall establish on a triennial basis a review of the adopted competencies and uniformly sequenced core curriculum by a task force broadly representative of educational interests and the concerned public. After considering the findings and recommendations of the task force, the State Board of Education shall make such changes in the student competencies lists and core curriculum as it deems in the best interest of the state and its citizens and shall report such changes to local school systems and the General Assembly for review and comment. 20-2-142. (a) All elementary and secondary schools which receive in any manner funds from the state shall provide the following course offerings in the manner prescribed by the State Board of Education: (1) A course of study in the background, history, and development of the federal and state governments. The course in the study of federal and state governments shall be supplemented in each high school by a study of the local county and municipal governments. No student shall be eligible to receive a diploma from a high school 1386 JOURNAL OF THE HOUSE, unless such student has successfully completed the course in governments provided for by this subsection; and (2) A course of study in the history of the United States and in the history of Georgia and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals. No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the courses in history and government provided for by this subsection. (b) (1) The State Board of Education and the commissioner of public safety shall jointly establish an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle. The course shall be designed to generate greater interest in highway safety and accident prevention. The State Board of Education and the commissioner of public safety shall jointly, by rules or regulations, determine the contents of the course and its duration. The commissioner of public safety shall make available officers or employees of the Department of Public Safety to teach the alcohol and drug course. The alcohol and drug course shall be offered periodically in the public schools of this state to persons over 13 years of age in the manner prescribed by the State Board of Education. (2) All secondary schools which receive funds in any manner from the state shall make available to eligible students the alcohol and drug course provided in paragraph (1) of this subsection. (3) The commissioner of public safety shall make the alcohol and drug course, and instructors where necessary, available to the private schools in this state. In addition, the commissioner of public safety shall offer the alcohol and drug course periodically at various locations in the state in the manner provided by the Board of Public Safety. (4) The Department of Public Safety shall issue a certificate of completion to each person completing the alcohol and drug course. (5) The completion of the alcohol and drug course provided in paragraph (1) of this subsection shall not serve as an additional method for the restoration of the licenses of those persons whose drivers' licenses have been suspended or revoked pursuant to the laws of this state. (c) The State Board of Education shall prescribe a course of study in health and physical education for all grades and grade levels in the public school system and shall establish standards for its administration. The course may include instruction concerning the impact of alcohol, smoking, and drug abuse upon health and may occupy periods totaling not less than 30 minutes per day in kindergarten through grade eight or equivalent grade levels. A manual setting out the details of such courses of study shall be prepared by or approved by the State School Superintendent in cooperation with the Department of Human Resources, the State Board of Education, and such expert advisers as they may choose. Part 3 20-2-150. (a) Except as otherwise provided by subsection (b) of this Code section, all children who have attained the age of five years by September 1 and all youth who have not yet received a high school diploma or its equivalent shall be eligible for enrollment in the appropriate general and special education programs authorized in this part including students who are married or unmarried, parents, or pregnant; provided, however, unless otherwise provided by law, the State Board of Education shall have authority to determine the eligibility of students for enrollment in kindergarten and adult education programs of general, basic, and vocational education. Each local unit of administration shall have the authority to assign students who are married or unmarried, pregnant, or parents, or a combination thereof, to programs of instruction within its regular daytime educational program, provided that a local unit of administration may develop and implement special programs of instruction limited to such students FRIDAY, FEBRUARY 22, 1985 1387 within the regular daytime educational program. These programs may include instruction in prenatal care and child care. It is declared to be the policy of this state that general and occupational education be integrated into a comprehensive educational program which will contribute to the total development of the individual. (b) A child who was a legal resident of one or more other states for a period of two years immediately prior to moving to this state and who was legally enrolled in a public kindergarten or first grade, or a kindergarten or first grade accredited by a state or regional association, shall be eligible for enrollment in the appropriate general or special education programs authorized in this part if such child will attain the age of five for kindergarten or six for first grade by December 31 and is otherwise qualified. (c) All children enrolled in the public schools of this state prior to their seventh birthday shall become subject to all of the provisions of this article and the rules and regulations of the State Board of Education relating to compulsory school attendance even though they have not attained seven years of age. 20-2-151. (a) The primary purpose for the general and career education programs is to provide the children and youth of Georgia with a quality opportunity to master student competencies adopted by the State Board of Education through instruction which is based upon the uniformly sequenced core curriculum. (b) The following general and career education programs are for purposes of funding under this article authorized: (1) (A) All local school systems shall offer a full-day kindergarten program, beginning school year 1987-88. All kindergarten programs in which students are enrolled on a full-day basis shall be funded under this article on a full-day basis. Until fiscal year 1988, local school systems enrolling students on a half-day basis will be funded at one-half the funding rate for full-day programs; (B) For purposes of this Code section, the term 'full-day basis' means a student is provided classroom instruction for a minimum of four and one-half hours daily for a 180 day school year. For purposes of this Code section, the term 'half-day basis' means a student is provided classroom instruction of two and one-half hours or more but less than four and one-half hours daily for a 180 day school year; and (C) To be eligible for enrollment in a state supported kindergarten program, a child must attain the age of five by September 1, except as otherwise provided by subsection (b) of Code Section 20-2-150. (2) (A) It is the policy of the state that the purpose of the primary grades program shall be mastery by enrolled students of the essential basic skills and knowl- edge which will enable them to achieve more advanced skills and knowledge offered at the higher grade levels. For purposes of funding under this article, the primary grades program shall include grades one, two, and three; and (B) It is the policy of the state that the purpose of the kindergarten program shall be to provide all children with an equal opportunity to become prepared for a successful first grade experience and to acquire the foundation for academic progress throughout the students' educational career. To be eligible for enrollment in the first grade of a state supported primary grades program, a child must obtain the age of six by September 1, except as otherwise provided by subsection (b) of Code Section 20-2-150 and beginning in school year 1988-1989 must have achieved the state board established criterion score or scores on the school readiness assessment pursuant to Code Section 20-2-281. Such readiness assessment shall be pro- vided to all children entering first grade within the 60 days immediately prior to September 1 of the year in which they enter the public schools of this state; pro- vided, however, the readiness of those children enrolled in public kindergarten may be assessed during the last 30 days of the school year if the state board so directs. (3) It is the policy of this state that the primary purposes for the middle grades program shall be assuring the mastery of essential basic skills and knowledge, assisting the students in the transition from childhood to adolescence, and preparing students for the selection of programs and courses consistent with their abilities and interests when they enter high school, as well as providing an opportunity for mastery of essential but more advanced skills and knowledge. For purposes of funding under this arti- cle, the middle grades program shall include grades four, five, six, seven, and eight. 1388 JOURNAL OF THE HOUSE, (4) (A) It is the policy of this state that the primary purposes of the high school programs shall be to prepare students for the continuation of their education beyond high school and for entry into their chosen career field as well as to prepare them to take their place in society as young adults. The following high school programs for grades nine, ten, 11, and 12 are authorized for purpose of funding under this article: (i) The high school education program which includes general, vocational, and college preparatory classes; (ii) The nonvocational high school laboratory program; and (iii) The vocational laboratory program; (B) As a reflection of the reduced teacher-student ratios and more extensive material and equipment needed for effective laboratory courses compared to courses with no or only limited laboratory experiences, the high school and vocational laboratory programs shall be funded at a higher level than the high school general education program. The State Board of Education shall adopt criteria which courses must meet in order to qualify for either the high school or the vocational laboratory programs. 20-2-152. (a) All children and youth who are eligible for a general and career edu- cation program under Code Section 20-2-151 and who have special educational needs shall also be eligible for special education services. Such children and youth are defined as those who have emotional, physical, communicative, or intellectual deviations, or a combination thereof, to the degree that there is interference with school achievements or adjustments or prevention of full academic attainment and who require modifications or alterations in their educational programs. This shall include children who are intellectually gifted, mentally handicapped, behavior disordered, hospitalized or home bound, handicapped by a specific learning disability, orthopedically handicapped, autistic, hearing impaired, speech impaired, visually impaired, severely emotionally dis- turbed, and deaf-blind and who have any other areas of special needs which may be identified. The State Board of Education shall adopt classification criteria for each area of special education to be served on a state-wide basis, both for students to be served in a self-contained setting and those who can be served effectively in the regular classroom by itinerant personnel. Such classification criteria and assignments for pupil- teacher ratios based upon each classified exceptionality shall be reported to the General Assembly prior to the setting of the cost per pupil as reflected in the weight value, and any subsequent changes in such ratios shall be subject to approval by the General Assembly. (b) Local school systems shall, subject to any limitations specified in this Code section, provide special education programs for all eligible students with special needs who are residents of their school systems, either by establishing and maintaining such educational facilities and employing such professional workers as are needed by these students or by entering into a contract with other school systems, regional educational service agencies, or other qualified public or private institutions for such services. (c) (1) The State Board of Education shall provide for the funding which has been approved by the General Assembly for this purpose for special educational programs for students with handicapping conditions which are either of such low incidence or of such severity that it is unfeasible or impractical to provide needed educational services through programs offered by local school systems. The State Board of Education may provide such educational services with funds specifically approved by the General Assembly for this purpose by: (A) Providing grants directly to regional educational service agencies for provi- sion of services; (B) Authorizing local units of administration to contract with or make grants to suitable private or public institutions, or with both public and private institutions, inside or outside this state, for the provision of such services; provided, however, that the educational and related services of the child must be provided by professionals, such as teachers, speech therapists, and occupational therapists who meet the certification or licensing standards of their profession in the state in which the institution is located; FRIDAY, FEBRUARY 22, 1985 1389 (C) Authorizing local units of administration to contract with suitable public agencies and departments, including institutions in which eligible children are confined and out-patient centers serving eligible children, inside and outside this state, for the provision of such services; (D) Entering into reciprocal agreements with other states or political subdivisions thereof for the provision of such services; or (E) Operating the Georgia School for the Deaf, the Georgia Academy for the Blind, the Atlanta Area School for the Deaf, and other special schools as approved by the General Assembly. (2) The State Board of Education may promulgate rules, regulations, and standards and establish the terms and conditions governing the provision of state aid provided for this purpose by the General Assembly under this subsection and perform any and all acts necessary or proper to carry out the provisions, intent, and purpose of this subsection. (d) (1) The following special education programs for purposes of funding under this article are authorized for the public schools of this state: (A) Program for the resourced mildly handicapped; (B) Program for the resourced moderately handicapped; (C) Program for the self-contained moderately handicapped; (D) Program for the self-contained severely handicapped; and (E) Program for the gifted students. (2) For the purposes of this subsection, the term 'self-contained' means the student is instructed by a certificated special education teacher for half or more of the school day. For the purposes of this subsection, the term 'resourced' means the student is instructed by a certificated special education teacher for less than half of the school day. (3) The State Board of Education shall adopt criteria which shall be used to determine the eligibility of a student for a state funded special education program. The State Board of Education shall declare to the General Assembly prior to the fiscal year 1987 appropriations consideration, and annually thereafter, the pupil-teacher ratio for each special education program and shall request any subsequent changes in such ratios which affect cost to the General Assembly or to the local system. 20-2-153. Reserved. 20-2-154. The State Board of Education shall be authorized to create a remedial compensatory education program. Only students in grades two through five who are achieving at or below the twenty-fifth percentile in reading or math, as documented by a nationally standardized norm-referenced test by grade level, shall be eligible for the remedial program. The State Board of Education shall be authorized to approve use of state compensatory education funds to provide remediation to students in grades 10, 11, and 12 who have obtained unsatisfactory performance levels on the required basic skills test. The State Board of Education shall have the authority, upon special request from local boards of education, to approve use of such state compensatory education funds to provide remedial instruction to students who have been identified by unsatisfactory performance on the first grade readiness exam and who, as a result of such unsatisfactory performance, are thereby enrolled in the regular kindergarten program. The state board shall document that appropriate grade level standardized norm-referenced tests were used in grades two through five in determining student eligibility for this program. Local boards of education shall be required to submit postachievement test results by grade level, derived from such tests, to the State Board of Education for review by June 30 in the school year for which such funds were appropriated. If appropriate evaluation data is not received by the State Board of Education by the above date, future allocations to such local boards under this program will be withheld. The State Department of Education shall monitor each local school district's compensatory education program at least once each fiscal year and report the results to the State Board of Education within ten days following such review. The General Assembly shall annually appropriate the necessary state funds to assume 10 percent of each federal Chapter I consultant's salary to accomplish this requirement as set forth in this Code section. The State Board 1390 JOURNAL OF THE HOUSE, of Education shall submit, in writing, an annual assessment of the state compensatory education program to the General Assembly for review in determining future appropriations under this Code section. 20-2-155. (a) The State Board of Education shall establish a state-wide School Climate Management Program to help local students and systems requesting assistance in developing school climate improvement and management processes. Such projects will be designed to optimize local resources through voluntary community, student, teacher, administrator, and other school personnel participation. These processes will be designed for, but will not be limited to, promoting positive gains in student achievement scores, student and teacher morale, community support, and student and teacher attendance, while decreasing student suspensions, expulsions, dropouts, and other negative aspects of the total school environment. The state board upon request is authorized to provide the necessary on-site technical assistance to local schools and systems and to offer other assistance through regional and state-wide conferences and workshops, printed material, and such other assistance as may be deemed appropriate under this subsection. The State Board of Education shall produce model codes of behavior and discipline and shall produce guidelines for application and administration of such codes. Each local board of education may choose whether to adopt such codes and guidelines for the particular local school system. The results of this program shall be annually presented to the General Assembly for review in determining future appropriation under this Code section. (b) The state board is authorized to create an in-school suspension program. As the vast majority of the students who disrupt public school classrooms are also experiencing problems in mastering classroom assignments and are below expectation in their academic achievement, it is the policy of this state that it is preferable to reassign disruptive students to isolated, individually oriented in-school suspension programs, rather than suspending or expelling such students from school. Therefore, the primary purposes of the in-school program are to isolate the offending students from the regularly assigned classrooms and activities of the school, to continue progress relative to classroom assignments, and to provide individually oriented instruction in essential skills and knowledge areas for which low achievement levels are contributing to the students' adjustment problems. The in-school programs may be housed in the regular assigned schools, special schools specifically organized for suspension programs, or alternative schools, provided the suspended students are isolated from typical school activities until they demonstrate sufficient adjustment to warrant their returning to their previously assigned classes. The State Board of Education shall adopt regulations, standards, and eligibility criteria necessary to guide the effective operation of state supported in-school suspension programs. The State Board of Education shall also grant local school systems sufficient funds based upon documented needs to operate in-school suspension programs. All costs for this program shall be presented to the General Assembly for funding with detailed justification for each item contributing to the cost prior to program approval by the State Board of Education. 20-2-156. The State Board of Education shall create a program for limited Englishspeaking students. The purpose of this program is to assist students who have limited fluency in the English language develop fluency in the English language. The state board shall grant those funds approved for this purpose by the General Assembly to local school systems based upon documented needs to operate the programs. The state board shall prescribe such rules and regulations regarding eligibility criteria and standards as may be needed to carry out the provisions of this Code section. Part 4 20-2-160. (a) At three different times during the school year, preferably late fall, early winter, and late winter, as designated by the State Board of Education, the enrollment by instructional program as authorized under this article for each student shall be reported to the Department of Education. This enrollment report shall indicate the student's specific assigned program for each one-sixth of the school day on the designated reporting date. No program shall be indicated for a student for any portion of the school day that the student is assigned to a study hall or any noncredit course, a driver's FRIDAY, FEBRUARY 22, 1985 1391 education course, a course recognized under this article or by State Board of Education policy as an enrichment course, a course which requires participation in an extracur- ricular activity for which enrollment is on a competitive basis, a course in which the student serves as a student assistant to a teacher, in a school office or in the media center, except when such placement is an approved work site of a recognized career or vocational program, an individual study course for which no outline of course objectives is prepared and retained, or any other course or activity so designated by the State Board of Education. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the State Board of Education under Code Section 20-2-140. Nor shall a program be indi- cated for a student for one or more sixths of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days. Nor shall a program be indicated for a student for one or more sixths of the school day if the student is charged either tuition or fees as a condition of enrollment or full participation in the instructional program; provided, however, that a student who resides outside the school system may be included in the count for a pro- gram for which tuition and fees, or a combination thereof, do not exceed the average locally financed per student cost for the preceding school year, excluding the local fair share funds required pursuant to Code Section 20-2-164. A student who is enrolled in a regionally accredited postsecondary institution may be counted for the high school program for that portion of the day that the student is attending the postsecondary institution; provided, however, that the student is attending the high school at least one- half of the school day and that the student's postsecondary program is approved by the high school principal or his designee. The State Board of Education shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The State Board of Education shall also establish criteria under which a student shall be counted as a resident or a nonresident student in specific circumstances which may include, but not be limited to, students attending another school system under court order or under the terms of a contract between two school systems. If a local school system has a justifiable reason, it may seek authority from the State Board of Education to shift the FTE counts from the designated date to a requested alternate date. (b) The sum of each school system's one-sixth day counts for each state recognized program shall constitute the full-time equivalent (FTE) program count for the system. The average of each system's most recent three full-time equivalent program counts shall be the FTE count used to compute the funds needed to finance the program for the ensuing year. 20-2-161. (a) The instructional programs for grades four through eight are declared to be the base program against which the cost of all other instructional programs shall be compared. The General Assembly shall annually establish through the General Appropriations Act the amount of funds needed by each full-time equivalent student in order that the base program can be sufficiently funded to provide quality basic edu- cation to all enrolled students. This amount of funds shall be known as the 'base amount' and shall reflect program components reflected in the program weight for the middle grades program in Code Sections 20-2-182 through 20-2-186 and 20-2-251. In support of this Code section, the State Board of Education shall submit to the General Assembly a line-item format indicating all costs contributing to this base program. FTE counts shall be reported to the General Assembly for each program in each of the school systems upon which system allocations shall be determined for fiscal year appropriations and midterm adjustments. (b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of the students enrolled, it shall be the policy of this state that state authorized instructional programs shall have the following program weights: (1) Kindergarten program 1.329 (2) Primary grades program (1-3) 1.237 1392 JOURNAL OF THE HOUSE, (3) Middle grades program (4-8) 1.000 (4) High school general education program (9-12) 0.996 (5) High school nonvocational 1.295 laboratory program (9-12) (6) Vocational laboratory program (9-12) 1.322 (7) Program for the resourced mildly handicapped 2.139 (8) Program for the resourced moderately handicapped 2.486 (9) Program for the self-contained moderately handicapped 3.018 (10) Program for the self-contained severely handicapped 3.897 (11) Program for the gifted students 1.430 (12) Remedial compensatory education 1.314 program (c) The State Board of Education shall annually compute the total funds needed for a Quality Basic Education Program for each local school system. Such total shall represent the product of the following calculations for each of the programs identified in subsection (b) of this Code section: (1) Multiply the average Full-Time Equivalent (FTE) program count pursuant to subsection (b) of Code Section 20-2-160 by the respective program weight established in subsection (b) of this Code section; (2) Multiply the product computed in paragraph (1) of this subsection by the Base Amount as established in the General Appropriations Act; and (3) Add the product computed in paragraph (2) of this subsection to the program adjustment amount for training and experience for the said instructional program in accordance with subsection (d) of this Code section. The State Board of Education shall submit to the General Assembly a total cost by instructional program as set forth in subsection (b) of this Code section for program adjustment by school system. (d) The State Board of Education shall annually calculate for each instructional program provided for in subsection (b) of this Code section for each local school system the amount of additional funds needed beyond the amounts reflected in the Base Amount and the program weights, in order to pay the state minimum salaries pursuant to Code Section 20-2-212 and the responsibility supplement pursuant to Code Section 20-2-214. The calculation of such additional amount shall be based on the qualified personnel who were employed by the local school system as of a state board specified date during the current fiscal year. Such additional amount shall be known as 'program adjustment amount for training and experience.' (e) As the relative costs of the various program components will change over time and as some components will need to be added or removed, the Governor is authorized to appoint a task force every three years for the purposes of reviewing the effectiveness of existing program weights and recommending to the General Assembly any changes deemed to be needed. This task force shall be comprised of members or staff of the General Assembly, the State Board of Education, and the Governor's office and representatives of local school systems. The process and associated components contained within this Code section shall be known as the 'Quality Basic Education formula.' 20-2-162. The State Board of Education shall annually recalculate the total amount needed under the Quality Basic Education formula for the current fiscal year using the FRIDAY, FEBRUARY 22, 1985 1393 average of the most recent three FTE counts. If the total amount needed by each local system when recalculated is greater than the initial amount calculated, then the state board shall increase the total allotment for said system by the difference between the recalculation and the initial calculation. The total amount of increased funding required by the midterm adjustment shall be requested of the General Assembly and shall demonstrate for each receiving system the average FTE count compared to the midterm average count for each program category system wide. This adjustment shall be computed for each program category in each school system. If the recalculation for a local school system is less than the initial calculation, the amount of funds initially allotted to said school system shall not be reduced for the current school year. Local school systems which fail to provide the state board with complete full-time equivalent student counts by instructional program by the state board specified dates shall not be eligible for recalculation of their current year allotment. 20-2-163. If any local school system prior to January 1, 1985, has entered into a contract with an adjoining local school system to educate all of its students in one or more grade levels and if such contract stipulates that an amount of local revenue be transferred between the local school systems for the purpose of providing financial support for the education of the transferred students, the state shall provide a grant to the local school system in which the students reside which shall not exceed the amount of funds transferred pursuant to said contract during fiscal year 1985. This grant shall commence in the fiscal year 1987 school year or in any other year during which Code Sections 20-2-164 and 20-2-165 are implemented and shall continue in ensuing years for the duration of the contract period as specified in the contract on January 1, 1985. However, if the terms of the contract provide for a lesser amount to be transferred in fiscal year 1987 or in any ensuing year than was transferred in fiscal year 1985, the amount of the state grant shall be reduced to correspond with the amount actually transferred during the same fiscal year that the grant is distributed. 20-2-164. (a) The State Board of Education shall calculate the amount of local fair share funds the local school system shall be required to spend each fiscal year to support the Quality Basic Education Program; provided, however, that the local fair share for any local school system shall not exceed one-half of the amount calculated pursuant to paragraph (1) of subsection (a) of Code Section 20-2-166. The amount of each local school system's local fair share shall be calculated as follows: (1) Multiply the most recent equalized adjusted school property tax digest for the school system by .4; (2) From the product calculated in paragraph (1) of this subsection deduct the total amount calculated pursuant to subsection (g) of this Code section; and (3) Multiply the remainder calculated in paragraph (2) of this subsection by .005. (b) (1) Each local school system shall apply the total amount of its local fair share funds to any combination of programs funded under this article; provided, however, that no portion of the local fair share funds is applied to the financing of educational programs and services operated at the option of the local school system or for any grant program which explicitly excludes the application of local funds or which explicitly requires an application of local funds other than from the local share. (2) The local school system may apply revenues toward the local fair share from any source except funds derived from the federal government which were not designed to replace local tax revenues, the state, student tuition and fees, and the transfer of funds from another local unit of administration. (c) (1) The state auditor shall furnish to the State Board of Education the equalized adjusted school property tax digests in accordance with Code Section 48-5-274. (2) Except as provided in paragraph (3) of this subsection, the sums of the most recent equalized adjusted school property tax digests, as shown on the state auditor's ratio study reports, which are due on November 15 immediately preceding the beginning of a school year, shall be used to make the calculations required by subsection (a) of this Code section for each fiscal year. (3) For a local school system whose most recent actual property tax digest approved by the Department of Revenue is at least 5 percent less than the actual 1394 JOURNAL OF THE HOUSE, property tax digest approved by the Department of Revenue for the same year as the equalized adjusted school property tax digest furnished by the state auditor and such reduction is due to more accurate assessments or actual loss in tangible property, or a combination of these two factors as determined by the Department of Revenue, the product of the equalized adjusted school property tax digest furnished by the state auditor multiplied by the ratio that the most recent actual property tax digest approved by the Department of Revenue bears to the actual property tax digest approved by the Department of Revenue for the same year as the equalized adjusted school property tax digest shall be used to make the calculations required in subsection (a) of this Code section for said system. (d) Each municipality having an independent school system and each county government shall annually provide the Department of Revenue with the following information for each local school system within its jurisdiction: (1) The total number of granted state-wide constitutional homestead exemptions for occupied homes pursuant to Code Section 48-5-44 exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52; (2) The total number of granted state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48; and (3) The amount of tax revenues by source which have been distributed by said local government to local school systems for program operation and maintenance. Such data shall be submitted to the Department of Revenue no later than the date required for the submission of the local tax digests to the Department of Revenue. (e) The Department of Revenue shall annually furnish the State Board of Education with the following data for each local school system by November 15: (1) All tax revenues by source for the preceding fiscal year which were distributed for school maintenance and operation; provided, however, such tax revenues shall exclude any state revenue collections which were previously distributed to the state general fund and then appropriated or allocated to local school systems; (2) The number of exemptions granted for state-wide constitutional homestead exemptions for owner occupied homes pursuant to Code Section 48-5-44, exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-58, and 48-5-52, for the preceding calendar year; and (3) The number of exemptions granted for state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48 for the preceding calendar year. (f) The Office of Planning and Budget shall annually furnish the State Board of Education with the estimated number of individuals age 65 or older residing in each local school system and the estimated percent that such individuals are of total population for each local school system. The Office of Planning and Budget shall furnish, upon request of the General Assembly, all such information as is deemed necessary by the General Assembly regarding the procedure for estimating this percent. (g) For purposes of calculation under this Code section and Code Section 20-2-165, the equalized adjusted school property tax digest shall be reduced by the sum of the following products: (1) The product of the number of constitutional homestead exemptions for owner occupied homes pursuant to Code Section 48-5-44 granted for that year multiplied by the amount per exemption authorized under that Code section; (2) The product of the number of constitutional homestead exemptions for dis- abled veterans pursuant to Code Section 48-5-48 granted for that year multiplied by the amount per exemption authorized under that Code section; (3) The product of the estimated number of persons age 65 or older residing in the local school system during that year multiplied by 5,000; and (4) The product which results from the following calculations: (A) Subtract the estimated state-wide percentage that persons age 65 or older is of the total population, excluding military personnel and institutional population, during the year from the respective percentage for the said local school system. If the respective percentage for the local school system is less than the state-wide per- centage, a difference of zero will be used in the calculations in this paragraph; FRIDAY, FEBRUARY 22, 1985 1395 (B) Multiply the difference which results from subparagraph (A) of this paragraph by 1,000; and (C) Multiply the product which results from subparagraph (B) of this paragraph by this estimated number of persons age 65 or older residing in the local school system during that year. (h) In the event a local school system fails to provide for or to use the amount of local funds required to be raised and applied by the local school system toward the support of the Quality Basic Education Program as defined by this article during any fiscal year, the state board shall calculate the total amount of such funds which was not raised or used in support of such programs and add that amount to the local fair share being required of the local school system for the next ensuing fiscal year. Further, should the state auditor cite an audit exception which requires that a local school system return an amount of funds to the state general fund, the State Board of Education shall add said amount to the local fair share of the local school system for the next ensuing year if the board has not been provided documentation that the said amount has already been paid to the state general fund. Such additions will thereby reduce the amount of state funds which shall be allotted to such local school systems. If the State Board of Education deems it unlikely that any local school system will fulfill its obligation relative to its assessed local fair share or any other provisions of this article for any fiscal year, the State Board of Education may withhold any portion or all of the state funds to be allotted during the fiscal year. 20-2-165. (a) As used in this Code section, the term: (1) 'Assessed valuation' means 40 percent of the equalized adjusted school property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164. (2) 'Assessed valuation per weighted FTE' means the assessed valuation for the most recent year available divided by the average weighted FTE count for the year of the digest. (3) 'Effective millage rate' means local tax revenues divided by the assessed valuation multiplied by 1,000. (4) 'Eligible full-time equivalent program count' means the sum of the full-time equivalent resident student count and FTE nonresident student count pursuant to subsection (b) of Code Section 20-2-160 for each program which has a program weight authorized pursuant to subsection (b) of Code Section 20-1-161; provided, however, that each full-time nonresident student count for each program shall not exceed the lesser of the count for fiscal year 1986 or the count for any ensuing fiscal year. (5) 'Equalized adjusted school property tax digest' means the most recent equalized adjusted school property tax digest furnished to the State Board of Education pursuant to subsection (d) of Code Section 20-2-164. (6) 'Guaranteed valuation school system' means the local school system ranking at the ninetieth percentile in dollars of assessed valuation per weighted FTE, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted FTE. (7) 'Local tax revenues' means the sum of tax revenues for a local school system as furnished to the state board by the Department of Revenue pursuant to subsection (e) of Code Section 20-2-164, plus any federal funds designed to replace local tax revenues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable documentation which clearly identifies the source or sources of such federal funds. (8) 'Most recent average weighted FTE count' means the average of the three most recent weighted FTE counts, except that for fiscal year 1987 it shall mean the average of the first two weighted FTE counts collected during fiscal year 1986. (9) 'Qualified local school system' means any local school system having an assessed valuation per weighted FTE count for the year of the digest ranking below the guaranteed valuation school system and having an effective millage rate greater than the millage rate applied to calculate the local fair share pursuant to subsection (a) of Code Section 20-2-164. 1396 JOURNAL OF THE HOUSE, (10) 'Weighted FTE count' means the sum of all eligible full-time equivalent program counts multiplied by their respective program weights in effect during the fiscal year that the FTE counts were obtained pursuant to Code Section 20-2-161. (11) 'Weighted FTE for the year of the digest' means the average of the three weighted FTE counts taken during that fiscal year beginning during the year of the digest; except that for fiscal year 1987 it shall mean the average of the first two weighted FTE counts collected during fiscal year 1986 multiplied by the ratio that the annual average daily membership for fiscal year 1985 is to the average of all eligible FTE counts for fiscal year 1986. (b) The State Board of Education shall annually calculate the equalization grant for each qualified local school system in the following manner: (1) Subtract the assessed valuation per weighted FTE for the said system from the assessed valuation per weighted FTE for the guaranteed valuation school system; (2) Divide the difference resulting from paragraph (1) of this subsection by 1,000; (3) Subtract the millage rate applied to calculate the local fair share pursuant to subsection (a) of Code Section 20-2-164 from the effective millage rate for said school system and select the resulting number of effective mills or three effective mills, whichever is less, as the number of effective mills to be equalized; (4) Multiply quotient resulting from paragraph (2) of this subsection by the number of effective mills to be equalized pursuant to paragraph (3) of this subsection; (5) Multiply the product resulting from paragraph (4) of this subsection by the most recent average weighted FTE count for the said local school system; and (6) The resulting amount shall be the equalization grant for the ensuing fiscal year. However, if a local school system has an assessed valuation per weighted FTE count for the year of the digest ranking below the guaranteed valuation school system and has less than three effective mills to be equalized pursuant to paragraph (3) of this subsection and if the actual property tax millage levied by the local school system for maintenance and operation in 1985 exceeds the actual property tax millage rate levied by the local school system for maintenance and operation in 1984, the effective millage calculated pursuant to paragraph (3) of this subsection shall be increased by the ratio that the 1984 actual property tax millage is to the 1985 actual property tax millage, except that such increase shall not cause the effective mills to be equalized to exceed three mills. (c) The State Board of Education shall allocate respectively the amount calculated under subsection (b) of this Code section to each qualified local school system. No portion of local fair share shall be applied to such equalization grants. In the event sufficient funds are not appropriated in a fiscal year to the State Board of Education to allot the full amount of equalization grants calculated to be payable to qualified local school systems as provided in this Code section, the State Board of Education shall proportionately reduce the amount of funds to be allocated to qualified local school systems. The State Board of Education is authorized and directed to adopt and promulgate such rules and regulations as the State Board of Education deems necessary or desirable to implement and carry out the intent of this Code section. 20-2-166. (a) The State Board of Education shall calculate the total amount of state funds to be allotted to a local school system by: (1) Adding the amount needed by the said local school system for categorical and incentive grants authorized under the provisions of this article to the amount needed by the said local school system for the instructional programs funded under the Quality Basic Education formula pursuant to subsection (c) of Code Section 20-2-161; (2) Subtracting the amount of funds required by the said local school system for the local fair share pursuant to Code Section 20-2-164 from the sum in paragraph (1) of this subsection; and (3) Adding, if the said local system qualifies, the equalization grant pursuant to subsection (c) of Code Section 20-2-165 to the difference in subsection (b) of this Code section, the resulting amount of funds being the amount of state funds which the State Board of Education shall allot over the course of the fiscal year to the said local school system, except that the amount of state funds allotted may be increased by the FRIDAY, FEBRUARY 22, 1985 1397 midyear adjustment as provided in Code Section 20-2-162. The State Board of Education shall, to the extent necessary, reduce the amount of state funds to be allocated to local school systems in support of the Quality Basic Education Program or in support of any of the purposes for which state funds might be allotted to local school systems under this article if the amount of state funds appropriated in support of such program or in support of any one or more of the purposes for which allotments of funds are provided for by this article is not adequate to finance the cost of the state portion of such program or such purposes, determined in accordance with this article. (b) The State Board of Education shall, by regulation, provide for distribution of state funds allotted to local units under this article and budgets approved by the state board. In determining the time and manner for distribution of state funds, the state board may, in its discretion, consider the time at which local school tax funds shall be collected and made available to the several local units of administration; and the state board is authorized to provide for distribution of state funds to local units at such times and in such manner as will most likely meet the periodic needs of local units for the state allotted funds, provided state funds appropriated for such purposes are available at such times. State funds to be distributed to local units under this article shall be withdrawn from the state treasury on requisitions to be signed by the State School Superintendent, which shall be signed in accordance with such regulations and directions of the state board. (c) The State Board of Education shall annually submit to the General Assembly, no later than January 1, an amount of funds which shall be defined as the 'state cost of fully funding the provisions of the "Quality Basic Education Act'" for the next ensuing fiscal year. For each of fiscal years 1987, 1988, and 1989, the General Assembly shall be authorized to reduce the local fair share in each local school system calculated pursuant to Code Section 20-2-164, if state funds appropriated for the 'Quality Basic Education Act' for that year fail to exceed the fiscal year 1985 state appropriation for elementary and secondary education by the amount that the state cost of fully funding the provisions of the 'Quality Basic Education Act' for that year exceeds the fiscal year 1985 state appropriation for elementary and secondary education. The reduction in local fair share in each local school system shall be as follows: (1) Subtract the fiscal year 1985 state appropriation for elementary and secondary education from the state cost of fully funding the provisions of the 'Quality Basic Education Act' as defined in this subsection for the year in which the local fair share applies; (2) Subtract the fiscal year 1985 state appropriation for elementary and secondary education from the amount of state funds appropriated for the 'Quality Basic Education Act' for the year in which the local fair share applies; (3) Divide the amount obtained in paragraph (2) of this subsection by the amount obtained in paragraph (1) of this subsection; and (4) If the quotient obtained in paragraph (3) of this subsection is less than 1.0, multiply each local school system's local fair share for that year by such quotient. The product obtained shall be the local school system's local fair share for that year. However, if the quotient obtained in paragraph (2) of this subsection is greater than 1.0, the amount of local fair share funds in each local school system shall not be adjusted from the amount calculated pursuant to Code Section 20-2-164. 20-2-167. (a) The State Board of Education shall annually compute for each local school system the total funds needed for the categories of direct instructional costs for each program identified in Code Section 20-2-162, the total funds needed system wide for media center costs, and the total funds needed system wide for staff development costs. In computing the total funds needed for these categories, the State Board of Education shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for each instructional program for handicapped students shall be summed into one amount for special education. Of the total funds designated for direct instructional costs for each program, a minimum of 95 percent shall be spent on such program, except as modified in this subsection. Each local school system shall spend a minimum of 95 percent of the total 1398 JOURNAL OF THE HOUSE, system-wide funds designated for each of the media and staff development categories in the category for which the funds were earned. In the event any local school system should fail to encumber at least 95 percent of such funds as intended, the state board shall increase the local fair share for an ensuing year by the difference between the actual amount encumbered and the 95 percent amount for each underexpenditure. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether the remaining 5 percent of the direct instructional funds shall be used for teacher salaries, aide salaries, instructional materials, or any other appropriate instructional expense. (b) (1) The State Board of Education shall establish a computerized uniform budget and accounting system as a component of the comprehensive information retrieval system and shall establish uniform regulations to be implemented by local units of administration. The computerized uniform budget and accounting system shall be fully operational prior to the Quality Basic Education Program appropriations by the General Assembly in fiscal year 1987 and thereafter. For those systems which have inadequate telephone service to participate in this computerized system, the state board shall design a retrieval system to receive the budget and accounting information within acceptable time limitations for planning, accountability, funding, and reporting purposes. The computerized uniform budget and accounting system shall conform to the generally accepted governmental accounting principles which shall include, but not be limited to, the following costing information: (A) Instructional program involved; (B) Whether basic education or enrichment in purpose; (C) Fund source or sources; and (D) Major program components such as instructional personnel, instructional operations, facility maintenance and operation, media center operation, school administration, system administration, or staff development. (2) The State Board of Education is authorized to prescribe information that must be submitted to the board and the time it must be submitted. The board is authorized to establish a financial review section for the limited purpose of reviewing financial records and accounting of local boards and assisting local units of administration in training personnel in financial and budgetary accounting. (c) The State Board of Education is authorized to prescribe a date by which each local unit must submit a budget to the state board. The regulations developed by the state board must make adequate provision for local review and modification prior to local approval and submittal to the State School Superintendent. The State School Superintendent shall provide for the examination and preparation of a written report on the budget of each local unit and submit a copy to the state board and to the respective local unit. The state board shall either accept or reject the budget of a local unit. (d) The standards set forth in this article as such minimum requirements for funds shall be construed as setting out a basic plan for the direction of the State Board of Education in planning a program and presenting proposals to the Governor and to the General Assembly. Nothing in this article shall be construed as amending or modifying in any way Part 1 of Article 4 of Chapter 12 of Title 45, known as the 'Budget Act.' The state board shall, in all of its programs involving allocation or expenditure of funds, be governed and controlled by Part 1 of Article 4 of Chapter 12 of Title 45 and all other laws of general application pertaining to the handling and expenditure of state funds, none of which are amended, modified, or repealed by this article unless specifically so provided in this article. 20-2-168. (a) All federal funds received by the State Board of Education for pur- poses contained within this article shall be apportioned and distributed by the state board in a manner consistent with this article as additional aid to local units of administration in defraying the cost involved in establishing and operating approved programs subject to such rules and regulations as may be prescribed by the state board and in accordance with the approved state plan for such programs, where applicable. If any change is proposed by the state board in a plan requiring a grant of federal funds or FRIDAY, FEBRUARY 22, 1985 1399 if the state board approves a plan which commits the state to increased cost in any program, the state board shall report to and receive approval from the General Assembly prior to submittal of the final plan or change in the plan. (b) Admission to the instructional programs funded under this article and located in the public elementary and secondary schools of the state shall be free to all eligible children and youths enrolled in such programs. (c) (1) Except as otherwise provided in this subsection, public elementary and secondary schools of this state receiving state aid under this article shall be operated so as to provide that each eligible student has access to no less than 180 school days of education each fiscal year. The State Board of Education shall define the 180 days of education and the length of the school day within each fiscal school year. (2) In the event that at the end of the last complete week of the school year two or fewer days remain for completion of the regular 180 day school year, a local board of education is not required to continue school into the following week if the additional days otherwise needed are the result of days when school was closed due to emergency, disaster, act of God, civil disturbance, or shortage of vital or critical material, supplies, or fuel. In any such case, the school year applicable to that local board of education may terminate, in the discretion of the local board, at the end of the last school day of the last complete week of the school year otherwise provided for in this subsection. Nothing in this paragraph shall be construed to relieve certified personnel from their obligations to work the number of days specified in their employment contracts. (3) Each fiscal school year shall begin on July 1 and end on June 30 of the following year. (4) Any provision of this subsection or this article to the contrary notwithstanding, when the President of the United States proclaims a national emergency, or when the Governor proclaims a state of emergency, or when, because of disaster, civil disturbance, or a shortage of vital and critical material, supplies, or fuel, the continued oper- ation of the public schools according to the definitions of school year, school month, or school day is impractical or impossible, then the state board shall have the power to authorize local boards of education to depart from a strict interpretation of these definitions, and such departure need not be uniform throughout the state, it being the intent of this subsection to allow the continuation of public school education in this state under the unusual conditions described. (d) The board of education of any local unit of administration may provide for con- tinued operation of one or more public schools of the local unit for a period of time beyond the normal school year provided for in subsection (c) of this Code section for the purpose of providing summer school education programs, including the continuation of one or more instructional programs provided for in Part 3 of this article, enrichment of prescribed school programs, accelerated school programs, special programs of edu- cation enumerated or coming within the scope of this article, and such other education programs as may be approved by the State Board of Education; provided, however, that all such programs shall meet and be offered in accordance with such standards, require- ments, and criteria as may be prescribed by the state board. Teachers and other professional school personnel employed full time or part time during such period shall be paid additional salary based on the state minimum monthly salary schedule, in proportion to the time and services rendered by such personnel. No additional state funds shall be allotted to local units in support of such programs unless the General Assembly author- izes funds for this purpose. The state board is authorized, to the extent that funds may be available for this purpose as authorized by the General Assembly, to allot additional state funds to local units in support of all or any one or more of such summer school education programs. The extent to which additional state funds may be allotted local units in support of any one or more of such programs shall be determined by the state board but shall not in any event exceed the ratio of state funds to local funds made available to the local unit during the preceding school year in support of the calculated cost of providing the Quality Basic Education Program in the local unit during that school year. The state board is authorized to determine the relative need for establishment of any one or more of the various summer school education programs enumerated 1400 JOURNAL OF THE HOUSE, in this subsection, to establish priorities for implementation of such programs, and to allot funds appropriated for this purpose to local units of administration in support of those programs. (e) (1) It is declared to be a policy of this state that every effort is to be made to utilize currently available educational facilities and equipment on a year-round basis. The State Board of Education shall certify that a local school system has a year-round operation for one or more grade levels, or equivalent age levels, for any instructional program as provided for in Part 3 of this article which meets the following criteria: (A) That the operation of the program is for 220 official attendance days or more constituting four quarters or any plan for year-round operation approved by the state board; (B) That for a student's first 165 or more days constituting three quarters or an equivalent plan approved by the state board, attendance shall be on a tuition-free basis; and (C) That the program is offered for all official attendance days in accordance with such standards, requirements, and criteria as may be prescribed by the state board. (2) The allotment of funds to a local school system under the Quality Basic Education formula pursuant to Code Section 20-2-161 and for categorical grants pursuant to Code Section 20-2-164 for any portion of a program of such local school system which is certified by the state board as being operated on a year-round basis under this subsection shall be funded in accordance with the following procedure: add to the average full-time equivalent (FTE) counts for said programs computed pursuant to Code Section 20-2-160 and as is adjusted midyear pursuant to Code Section 20-2-162 the FTE count divided by three for all students who were enrolled not less than 90 official calendar days during the fiscal year in the said program, but who were not enrolled in any instructional program and thereby were not counted in an FTE on one of the three state board designated dates for enrollment count pursuant to Code Section 20-2-160. (3) The state board shall have the authority to prescribe requirements and stan- dards for the distribution, use, and expenditure of funds allotted under this subsection; provided, however, that, upon implementation of this Code section on a state-wide basis or in any particular local school system, state funds shall be made available to all local school systems or to the particular local school system as the case may be, for such purpose on the same basis and at the same ratio at which state funds were made available to the local school system in support of the calculated cost of providing a Quality Basic Education Program in a local school system as provided under this article for students enrolled for 180 official attendance days during a fiscal year. (f) (1) The State Board of Education, from time to time, through study and after consultation with the director of the Purchasing and Supplies Division of the Department of Administrative Services, representatives of local units of administration, and with such others as the state board may deem it advisable to consult, shall determine whether an overall substantial price advantage to local units of administration may be obtained by means of a combined bid by local units through the State School Superintendent and the Department of Administrative Services on standard items of school equipment, supplies, or services or other standard expenses, to be designated by the state board, ordinarily needed, procured, or incurred by local units during the fiscal school year, without a sacrifice of safety or quality. If the state board shall determine that such a price advantage to local units may be obtained by such means on any one or more of such items or expenses, the state board shall, after consultation with such persons, establish sets of uniform standard specifications for such item or items as may reasonably be required in order to meet the various needs and requirements of the several local units of administration. Local units of administration shall, at such times as the state board shall prescribe, report the probable annual requirement of the local unit for such standard items to the state board and the requested time for future delivery of such items. The state board shall compile such requirements and submit FRIDAY, FEBRUARY 22, 1985 1401 a compilation of them to the Department of Administrative Services, together with such other information as may be needed or otherwise requested by the Department of Administrative Services for the purpose of advertising for bids for a uniform state price on such items. (2) The Department of Administrative Services shall advertise for bids for supply of such items in the same manner followed for state purchases; provided, however, that the Department of Administrative Services shall inform prospective bidders that the bid requested is for the furnishing of such items to the designated local units of administration at the times specified on the basis of a single state price applicable to all local units of administration, that payment for such items as may be purchased by local units shall be made by the respective local units of administration to the bidder, that no guarantee is made that any purchases will be made from the successful bidder as a result of such bidding, and such other information as shall be appropriate under the circumstances. The Department of Administrative Services shall, upon receipt of bids, process them in the same manner followed for state purchases and promptly notify the state board of the name of the successful bidder and such other available information as may be required by the state board. The state board shall promptly forward such information to all local units of administration. (3) Local units of administration are free to obtain competitive bids from vendors on such standard items of school equipment, supplies, services, or expenses based upon uniform specifications established for such items by the state board and may purchase such items from the vendor submitting the best bid therefor to the local unit, whether or not the bid price of such vendor is greater or less than the state-bid price on such items; provided, however, that whenever a local unit purchases such standard items at a price in excess of the state-bid price for such items, the state board shall, when computing standard costs for allotment of state funds, disallow the excess cost paid for such items by the local unit, provided, further, that local units of administration shall implement textbook adoptions from textbook listings prescribed by the State Board of Education pursuant to Article 19 of this chapter within 18 months of the time said textbook listings are provided by the State Board of Education, and said local units of administration shall provide textbooks to each student enrolled in a course of study that requires textbooks. The state board shall prescribe regulations necessary for implementation and enforcement of this subsection and is authorized to establish standards and uniform standard specifications and procedures for the purchase, distribution, use, and maintenance, as the case may be, of school equipment, supplies, services, and expenses, as may be designated by the state board, whether or not state-bid prices are obtained on such items. Part 5 20-2-180. (a) The essential educational resources described in this part shall serve as the basis for computing the base amount and program weights used in the Quality Basic Education formula pursuant to Code Section 20-2-161. However, local school systems shall have discretion in the use of the funds provided such use meets the requirements of this article and Code Section 20-2-411. Although the essential educational resources described in this part may serve as guidelines to local school systems as to the manner by which funds allocated pursuant to Code Section 20-2-161 are expended, the local school systems shall expend such funds as deemed appropriate and necessary to provide the most effective instructional programs needed by enrolled students as possible, except as otherwise limited by the provisions of this article and by rules, regulations, and standards promulgated by the State Board of Education. 20-2-181. The program weights shall reflect school-wide and system-wide costs which are based upon such elementary, middle, and high school sizes and school system size in terms of FTE counts as to ensure efficient as well as effective provision of all essential and necessary school-wide and system-wide educational services. 20-2-182. (a) The program weights shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to pay at least the beginning salary of all teachers needed to provide essential and necessary classroom instruction in order 1402 JOURNAL OF THE HOUSE, to ensure a Quality Basic Education Program for all enrolled students. Further, the program weights for the high school programs pursuant to subsection (d) of Code Section 20-2-151 shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to provide teachers with a preparation period free of assigned students. (b) The program weights for the kindergarten program, the primary grades program, the remedial compensatory education program, and for all four programs for handicapped students shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to provide instructional aides to assist teachers. Further, the base amount and program weight for the middle grades program shall reflect the cost of providing teachers with clerical assistance for a limited portion of each school day, provided such funds have been appropriated by the General Assembly for this purpose. (c) The program weights for the primary and middle grades programs shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to pay at least the beginning salary of specialists qualified for teaching art, music, and physical education to students. (d) The program weights for the high school programs pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151 shall reflect sufficient funds, subject to appro- priation by the General Assembly for this purpose, to pay the beginning salaries for guidance counselors needed to provide essential and necessary guidance services. Fur- ther, the said program weights shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to provide for the development and supervision of an extended day program during the regular school year or an extended year program, or both, for students assigned to work experience placements and participating in farm and home projects for which they are receiving credit toward high school graduation. (e) The program weights for the high school laboratory program and the vocational laboratory program shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to pay the beginning salaries of laboratory supervisors, respectively, in each program. (f) All program weights shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to pay the cost of sick and personal leave for teachers, the employer's portion of costs for retirement and health insurance programs authorized under this Code, the cost of essential instructional materials and equipment needed to operate effectively such instructional programs, the cost of travel required of personnel in order to deliver educational services to the enrolled students, and the cost of professional development sufficient to allow certified personnel to participate in approved professional development activities every five years. Such activities shall be in accordance with the annual local staff development plan pursuant to Code Section 20-2-253. (g) The State Board of Education shall adopt for each instructional program author- ized pursuant to Part 2 of this article the maximum number of students which may be taught by a teacher in an instructional period. The number of students taught by a teacher at any time may not exceed such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. Nor shall the State Board of Education reduce the pupil-teacher ratio without the direct authorization of the General Assembly, if such added cost for facilities, personnel, and other program needs are to be included in calculations for state funds. Local boards of education may reduce ratios, build additional facilities, and provide other such resources at local cost if such is in the best interest of the local system's program as determined by the local board of education. The State Board of Education shall present to the General Assembly the number of students approved for any program per teacher which shall be used in cost calculations for fiscal year 1987 and thereafter. 20-2-183. All program weights shall reflect sufficient funds subject to appropriation by the General Assembly for this purpose to provide for the maintenance and operation of facilities essential and necessary for housing such instructional programs and essential supportive educational services. 20-2-184. All program weights shall reflect sufficient funds subject to appropriation by the General Assembly for this purpose to pay the beginning salary for at least one FRIDAY, FEBRUARY 22, 1985 1403 media specialist for an appropriate base size school pursuant to Code Section 20-2-181 and to provide media center materials and equipment, excluding computer hardware and software, as is necessary and essential to support instructional programs authorized under Part 3. 20-2-185. All program weights shall reflect sufficient funds subject to appropriation by the General Assembly for this purpose to pay the beginning salaries of principals and assistant principals as well as the salaries of secretaries necessary and essential for the efficient and effective management of the instructional and supportive educational programs of an appropriate base size school pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office in said school. 20-2-186. All program weights shall reflect sufficient funds subject to appropriation by the General Assembly for this purpose to pay the beginning salaries of a superintendent, assistant superintendents, and a school visiting teacher as well as the salaries of secretaries and an accountant necessary and essential for the efficient and effective management of all instructional and supportive educational programs of a base size school system pursuant to Code Section 20-2-181 and to provide for the costs of operating such an administrative office in said school system. Further, the program weights for all special education programs pursuant to Code Section 20-2-152 shall reflect sufficient funds subject to appropriation by the General Assembly for this purpose to pay the beginning salaries of special education leadership personnel and school psychologists and psychometrists essential and necessary for the effective operation of such programs in a base size school system. 20-2-187. (a) (1) The State Board of Education shall annually determine the amount of state funds needed to provide a state-wide school lunch program. The State Board of Education shall report to the General Assembly the amount of state funds required pursuant to paragraph (2) of subsection (c) of this Code section to operate the state-wide school lunch program. This budget shall be prepared by object of expenditure for each school system and shall be included in the State Board of Education's annual budget request to the General Assembly. The budget format shall demonstrate cost variations from one fiscal year to the next, with proper justification. All such funds shall be subject to appropriation by the General Assembly for this purpose. The state board shall, by regulation, provide for certifying and classifying school lunch supervisors and managers and establish training programs for school lunch personnel. The state board is authorized to provide for the payment of: (A) Operating costs of school lunchrooms, including breakfast costs, as financed by federal funds, for those students eligible under federal guidelines; (B) State supplements to the salaries paid such personnel by local units of administration; and (C) State incentive pay for satisfactory completion of such training programs. (2) An application of local fair share funds pursuant to Code Section 20-2-164 shall not be made for said payments to local units of administration under this Code section. State funds can be used to supplement federal funds as a means of keeping sale prices within reach of paying children and of maximizing participation and quality meals for all children. (b) The state board is authorized to prescribe by appropriate rules and regulations that there may be included as part of the program of every public school in this state a course of instruction in nutrition, hygiene, etiquette, and the social graces relating to the partaking of meals and is further authorized to allot funds, in a manner consistent with the funding for the other various components of the instructional program, for the reimbursement of costs to local units of administration for costs directly associated with this program. There shall be utilized in the course of instruction the full resources avail- able to each individual school, including its cafeterias, school lunch personnel, and all practical demonstrations in the preparation and consumption of food which shall be necessary to formulate a comprehensive course of instruction in such subject matter. Any period of the school day may be utilized for the teaching of this course of instruc- tion, including that period usually reserved for the lunch period. 1404 JOURNAL OF THE HOUSE, (c) (1) The State Board of Education shall establish a system of allotment of funds to local units of administration in order to provide for services rendered on a tenmonth basis by school food and nutrition personnel. The amount of funds paid to any local unit of administration shall be paid in 12 monthly payments and shall be based upon the number of full-time equivalent school lunch positions needed to plan, prepare, and serve meals in that local unit of administration, times an annual base payment. The local unit of administration will determine the salary schedule and personnel policies in accordance with paragraph (3) of this subsection. For each school food manager, the local unit of administration shall earn the base payment in addition to an amount not to exceed $100.00 per month. (2) The base payment shall be calculated on the basis of an annual number of hours (190 days times eight hours) for a full-time equivalent school lunch position, times an amount not less than $161.00 per month for 12 months. Future annual increases in the base payment shall reflect the same percentage increase provided by the state for other state funded positions. The State Board of Education shall annually establish a state performance standard and shall determine the number of full- time equivalent school lunch positions needed to plan, prepare, and serve meals based on the state performance standard and the average daily number of student lunches served during the preceding school year. (3) The local unit of administration shall establish a staffing pattern and deter- mine the number of personnel to employ. Local units of administration shall establish the salary schedule for school food and nutrition personnel and shall use the base pay- ments to help finance the locally established salary schedule. 20-2-188. (a) The amount of funds needed by a county, area school, or independent school system to pay expenses of pupil transportation shall be calculated by the State Board of Education in accordance with a schedule of standard transportation costs to be incurred by local units of administration in the operation of economical and efficient pupil transportation programs and a schedule of variable transportation costs or variable cost factors dependent upon circumstances prevailing in the several local units of administration which affect, in varying ways, the cost of pupil transportation authorized by this Code section; provided, however, that the amount of funds to be actually distributed to any local unit of administration under this Code section during any school year shall not exceed the actual costs incurred by the local unit in transporting pupils to and from public schools, including costs for transportation for handicapped children who must travel across county lines or away from their own school district within the state. It is further provided that the costs of the regular pupil transportation program receive full funding before funds are provided for transportation of students to and from places for the purpose of work experiences, training in instructional laboratories, and in other such field trips required of or integral to the various instructional components of the educational program. In establishing the schedule of standards and variable pupil trans- portation costs or cost factors for the purpose of allotting funds under this Code section, the state board is, without limiting the generality of the foregoing, authorized to con- sider facts and circumstances such as the number and density of pupils transported in the local unit and the areas therein served by school buses; the suitability of school bus routes in the local unit; the suitability of the type and number of buses used by the local unit; the number of miles traveled by school buses in the local unit; minimum bus loads; transportation surveys, cost of transportation equipment, and depreciation schedules therefor; the schedule of minimum salaries for school bus drivers established in accordance with subsection (b) of this Code section; the number of school bus drivers allotted to the local unit; maintenance, repair, and operating costs of transportation equipment; climate and terrain; condition of roads used for the purpose of transporting pupils in the local unit; cost of liability insurance; cost of safety instruction and training for both bus drivers and students; and such other facts and circumstances as the state board may find to be relevant for the purpose of establishing such schedules and cost factors. The state board shall have authority to establish minimum requirements and standards respecting use of funds allotted under this Code section. (b) The state board shall establish a schedule of uniform minimum salaries that shall be paid by local units to drivers of school buses, regardless of type of ownership, which FRIDAY, FEBRUARY 22, 1985 1405 shall be not less than the amount appropriated by the General Assembly each year but not less than $350.00 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles not designated as school buses. County, area school, or independent systems shall not pay to any bus driver in its employment a salary less than that prescribed by the uniform minimum salary schedule but shall have the authority to supplement the salary of a bus driver employed by the county, area school, or independent system. The expense of purchasing, maintaining, and operating such buses, regardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose of calculating the expense of pupil transportation under subsection (a) of this Code section. This subsection shall not apply to student or teacher drivers. (c) If and to the extent that the state board obtains a state-bid price under subsection (f) of Code Section 20-2-168 on any standard item of equipment, supply, or service used or obtained by local units in connection with or as a result of providing transportation services to pupils attending the public schools of such local units or on any other standard expense incurred by local units, the standard transportation cost or allowance to be attributed to such item or expense under subsection (a) of this Code section shall be based upon an amount not in excess of the state-bid price on such item or expense. (d) Pupils who live beyond one and one-half miles from the school to which they are assigned, according to the nearest practical route by school bus, shall be eligible to be counted as transported pupils for the purpose of calculating that portion of the expense of pupil transportation associated with transporting pupils from home to school and from school to home as authorized under subsection (a) of this Code section, provided such pupils are actually transported to such school by school bus or other vehicle made available for this purpose by the local unit of administration. Any pupil who resides within such mileage limitation shall not be eligible to be counted for school transportation state-aid purposes, with the exception of handicapped students being transported to special programs. (e) The state board is authorized to establish minimum specifications for vehicles used by local units for the purpose of transporting pupils to the public schools of the local unit, taking into account the facts and circumstances set forth in subsection (a) of this Code section, and is authorized to establish minimum standards and requirements respecting maintenance, repair, inspection, and use of such vehicles and minimum qualifications for the drivers of such vehicles; and all vehicles used and drivers employed for such purposes by local units, regardless of type of ownership of such vehicles, shall conform to such specifications, standards, requirements, and qualifications; provided, however, that the state board shall require, monitor, and fund a program of safety instruction in the practices of safe riding and emergency bus evacuation drills for both school bus drivers and students riding school buses. (f) The state shall have the authority to allot funds for the transportation of all school age children residing on Sapelo Island to the mainland of the state for the purpose of attending school on the mainland. (g) The state board shall adopt policies, procedures, regulations, and other such requirements for the transportation and for the payment of all transportation costs, as described, defined, and authorized in subsections (a) through (e) of this Code section, for all the children with special needs identified by the various local units of administration; further, the state board shall allot funds to local units of administration for transportation costs for those children authorized by such local units of administration to attend schools and programs of other local units of administration or when deemed necessary for adequate educational services. (h) The state board is further directed and authorized to adopt policies and regulations relative to the use of minibuses for the transportation of students with special needs. (i) Notwithstanding the provisions of subsections (a) through (h) of this Code section, funds to pay the expenses of pupil transportation shall be paid to an independent school system only when such funds are requested by the board of education of such 1406 JOURNAL OF THE HOUSE, independent school system. The funds for the expenses of pupil transportation shall be requested by the board of education of the independent school system in its budget prepared pursuant to subsection (c) of Code Section 20-2-167 and, if not budgeted therein, no expenses for pupil transportation shall be payable to the independent school system for the fiscal year covered by such budget. No provision of this Code section or any other provision of this article shall be construed to require the board of education of any independent school system to furnish pupil transportation services within such school system. (j) The amount of funds needed by a local unit of administration during a fiscal year for sick and personal leave expenses of school bus drivers shall be determined by multiplying the number of school buses allotted to a local unit of administration pursuant to this Code section by a sum of money not less than $75.00. The state board shall have the authority to prescribe minimum requirements and standards for the distribution, use, and expenditure of funds allotted under this subsection. (k) The State Board of Education shall request sufficient funds from the General Assembly as specified in subsections (a) through (j) of this Code section through the annual budget process. The request for funds shall be itemized by object of expenditure for each school system in the state and shall indicate variations in funding requests by object of expenditure, with proper justifications from one fiscal year to the next. All such funds shall be subject to appropriation by the General Assembly for this purpose. Part 6 Subpart 1 20-2-200. (a) The State Board of Education shall provide, by regulation, for certifying and classifying all certificated professional personnel employed in the public schools of this state, and no such personnel shall be employed in the public schools of this state unless they shall hold a certificate issued by the state board certifying as to their qualifications and classification in accordance with such regulations. The state board shall establish such number of classifications of other certificated professional personnel as the state board may find reasonably necessary or desirable in the operation of the public schools; provided, however, that such classifications shall be based only upon academic, technical, and professional training and experience and competency of such personnel. The state board is authorized to provide for revoking or denying certificates for good cause after an investigation is held and notice and hearings are provided the certificate holder. The state board shall define the term 'certificated professional personnel,' as used in this article, and shall designate and define the various classifications of professional personnel employed in the public schools of this state that shall be required to be certificated under this Code section. Without limiting the generality of the foregoing, the term 'certificated professional personnel' means county or regional librarians and all other professional personnel certificated by the State Board of Education. (b) The State Board of Education shall be authorized to require each applicant to have obtained satisfactory scores on a test battery which assesses the applicant's broad general knowledge and specific subject matter knowledge essential to performing effectively in the field of certification prior to being granted a renewable certificate. Further, the state board shall be authorized to require each such applicant to have demonstrated satisfactory proficiency in oral and written communication skills prior to being granted the initial renewable certificate. Further, the state board shall be authorized to require each such applicant to have demonstrated satisfactory on-the-job performance in the applicant's field of certification prior to being granted a renewable certificate. (c) The State Board of Education shall have the authority to grant renewable certificates at the four-year level in a teaching field to an applicant who has not completed a teacher preparation program; provided, however, that such applicant meets the following conditions: (1) Is the holder of a bachelor's degree from a regionally accredited college or university in a subject area field which has been declared by the state board to be a critical shortage field; FRIDAY, FEBRUARY 22, 1985 1407 (2) Has satisfactorily completed an appropriate college course related to human growth and development otherwise required of applicants for such certification; (3) Has satisfactorily completed a one-year supervised classroom internship involving the appropriate teaching field; and (4) Has obtained satisfactory assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification. (d) The State Board of Education shall have the authority to grant renewable certificates at the five-year level in a teaching field to an applicant who did not complete an undergraduate teacher preparation program; provided, however, that such applicant meets the following conditions: (1) Is the holder of a master's degree in education in a teaching field from a college or university program recognized or approved by the state board; (2) Has satisfactorily completed a one-year supervised classroom internship involving the appropriate teaching field; and (3) Has obtained satisfactory assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification. (e) The State Board of Education may grant provisional or probationary certification to an applicant for such certification only after the endorsing local unit of administration provides acceptable documentation concerning the following: (1) The local unit has made an effort to recruit fully certified individuals for the position involved, including sending announcements of said position to the appropriate preparatory institutions in its region of the state at least three months in advance of the date that the position needed to be filled; provided, however, that such local unit shall be exempt from this condition if the position opened within said three-months' period due to a termination, resignation, or unanticipated increased enrollment; and (2) The local unit has no fully certified applicant, except for such applicants who were evaluated as performing unsatisfactorily within the past three years or who have been previously terminated pursuant to Code Section 20-2-940 by an employing local unit of administration. 20-2-201. (a) Any person certified as a teacher, principal, or guidance counselor pursuant to Code Section 20-2-200 shall have satisfactorily completed a course of five or more quarter hours, approved by the state board, in the identification and education of children who have special educational needs or shall have satisfactorily completed an equivalent preparation in a staff development program designed to assist teachers, principals, and guidance counselors in the identification and education of children who have special educational needs, provided such staff development program shall have received prior approval of the state board. As used in this subsection, 'children who have special educational needs' means such children as defined by Code Section 20-2-152. Those teachers, principals, and guidance counselors of other states, those applicants completing noneducation programs who are otherwise eligible for provisional certification in Georgia, and those teachers with lapsed Georgia teaching certificates who are otherwise eligible for emergency certificates who would be employed and certified in Georgia schools but lack the requirements of this subsection shall have a period of one year from date of employment to obtain the prescribed training. Teachers holding valid Georgia teaching certificates shall have until their recertification date to comply with the requirements of this subsection. Any person taking the course under this Code section shall receive appropriate credit toward certification and in-step raises. (b) Universities and colleges having teacher preparation programs for grades kinder- garten through eight shall require, as a part of such teacher preparation requirements, a separate course in health education and a separate course in physical education. The content of the course in health education shall include general knowledge and attitudes in all critical areas of health and shall include drug abuse, alcohol abuse, smoking, and health education. The required course in physical education shall contain knowledge, attitudes, and understanding of how physical activity shall be integrated and correlated into the total lifestyle of an individual. 20-2-202. All teachers and other professional personnel who hold or have held life certificates 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 1408 JOURNAL OF THE HOUSE, field. Further, the assessments regarding certification pursuant to subsection (b) of Code Section 20-2-200 are not required of such holders of life certificates; although they may voluntarily submit for such assessments in order to qualify for other provisions as set forth in this article or by state board policy and regulations. 20-2-203. Except for a life certificate pursuant to Code Section 20-2-202, all renewable certificates granted by the State Board of Education shall have a validity period of five years. 20-2-204. (a) As used in this Code section, the term: (1) 'Aide' means a person who may have less than professional training and who takes no independent actions and has no decision-making authority but performs routine tasks assigned by higher certificated personnel. (2) 'Licensed personnel' means paraprofessionals and aides. (3) 'ParaprofessionaF means a person with less than professional-level certification who relates in role and in function to a professional and who does a portion of the professional's job or task under the supervision of a professional and who have some decision-making authority, limited and regulated by his relationship with the professional. Such paraprofessionals, including instructional aides, shall possess the minimum of a high school diploma or a GED. (4) 'Permitted personnel* means persons who do not qualify for professional certificates, including retired teachers, but who function in the educational programs in the same manner as certificated personnel. Such personnel qualify for their positions on the basis of experience rather than formal education. (b) The state board shall provide for the classification of all licensed and permitted personnel employed in the public schools of this state, and no such personnel shall be employed in the public schools of this state unless they meet such minimum criteria as developed by the state board; provided, however, that such classifications shall be based only upon academic, technical, and professional training and experience of such personnel. The state board is authorized to provide for revoking or denying certificates or licenses for good cause after an investigation is conducted and notice and hearing is provided the certificate holder. Subpart 2 20-2-210. All personnel employed by local units of administration, including elected or appointed local school superintendents, shall have their performance evaluated annually by a trained evaluator. In the case of the local school superintendents, such evaluations shall be done by the local board of education. Certificated personnel who have deficiencies and other needs shall have a professional development plan designed to mitigate such deficiencies and other needs as may have been identified during the evaluation process. Progress relative to completing the annual professional development plan shall be one of the assessments during the annual evaluation process. The State Board of Education shall adopt such regulations and standards as are deemed necessary to ensure that the annual evaluation and professional improvement planning processes are as objective, equitable, and effective as possible. The State Board of Education, in an effort to facilitate efforts of local units of administration to implement these provisions, shall provide model instruments, model processes, technical assistance, clearinghouse functions, and such other assistance which may be needed. 20-2-211. (a) All teachers, principals, other certificated professional personnel, and other school personnel of local units of administration shall be employed by local boards of education on the recommendation of the school superintendent of the local unit. Minimum qualifications for employment of all school personnel may be prescribed by the State Board of Education unless otherwise provided by law. Employment contracts of teachers, principals, and other certificated professional personnel shall be in writing and shall be signed in duplicate by such personnel on their own behalf and by the local school superintendent on behalf of the local board of education. (b) Any other provisions of this article or any other laws to the contrary notwithstanding, each local board of education shall, by not later than April 15 of the current school year, tender a new contract for the ensuing school year to every teacher and other FRIDAY, FEBRUARY 22, 1985 1409 professional employee certificated by the State Board of Education on the payroll of the local school system at the beginning of the current school year, except teachers who have resigned or who have been terminated, or notify in writing any such teacher or other certificated professional employee of the intention of not renewing his contract for the ensuing school year. When such notice of intended termination has not been given by April 15, the employment of such teacher or employee shall be continued for the ensuing school year unless such teacher or employee has been removed in the manner as provided in Code Section 20-2-940 or unless the teacher or certificated professional employee elects not to accept such employment by notifying the local board or superintendent in writing not later than May 1. (c) Any other provisions of this article or any other laws to the contrary notwithstanding, no local board of education shall employ any person as a teacher who has been discharged from the armed forces of the United States with a dishonorable discharge as a result of desertion or any person who has fled or removed himself from the United States for the purpose of avoiding or evading military service in the armed forces of the United States, excluding those who have been fully pardoned. 20-2-212. (a) As used in this Code section, a 'salary schedule' means a type of salary schedule established upon a set of relationships respecting salaries to be paid personnel according to various classifications. (b) The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the state board. Such minimum salary schedule as defined in subsection (a) of this Code section shall provide a minimum salary base for each classifi- cation of professional personnel required to be certificated; shall provide for increment increases above the minimum base salary of each classification of such personnel based upon the individual experience and length of satisfactory service of such personnel; and shall include such other uniformly applicable factors as the state board may, in its discretion, find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with a bachelor's degree and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salary of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions in Georgia having educational entry require- ments comparable to the requirements for entry into Georgia public school teaching. The list of Georgia occupations with beginning salaries used to adjust Georgia's beginning teachers' salaries or changes in the list of occupations shall be identified and pre- sented to the General Assembly for approval prior to appropriations consideration. Such minimum salary schedule shall in all other respects be uniform, with no differentiation being made on the basis of subjects or grades taught. Following the approval of the minimum salary schedule by the General Assembly, the state board is directed to revise the schedule to reflect the decision of the General Assembly as to the level of funding and other changes specifically designated in the appropriations bill or existing statute. A local unit of administration shall not pay to any teacher or other certificated professional personnel in its employment a salary less than that prescribed by the schedule of minimum salaries. Local units of administration may, however, supplement the salaries of such personnel and, in fixing the amount thereof, may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular per- sonnel whose salary is being supplemented. 20-2-213. The State Board of Education is authorized and directed to devise a teacher career ladder program which has as its purpose providing classroom teachers who demonstrate above average or outstanding competencies relative to teaching skills and their teaching field and exhibit above average or outstanding classroom perfor- mance, which may include the achievement of students beyond the level typically expected for their ability, with salary supplements in recognition of such competency and performance. The state board shall appoint a task force which is broadly representative of all educational interests to advise it concerning the development and imple- mentation of such teacher career ladder program. Following adoption of task force 1410 JOURNAL OF THE HOUSE, recommendations, the State Board of Education shall submit such recommendations to the General Assembly for statutory approval. The state board shall then grant sufficient funds subject to appropriation by the General Assembly for this purpose to each local unit of administration to pay the salary supplements of all classroom teachers awarded such supplements under the teacher career ladder program. Local school systems shall not apply any portion of the local fair share pursuant to Code Section 20-2-164 to the grants provided under this Code section. 20-2-214. (a) The State Board of Education shall establish a schedule of salary supplements for administrators who have system-wide and school-wide responsibilities. Such salary supplements shall be based upon an amount per FTE student and the responsibilities of the position. The state board shall have the authority to establish salary supplements for other public education positions as deemed necessary and appropriate. The program adjustment amount for training and experience pursuant to Code Section 20-2-161 shall reflect the amount of funds needed by each local school system to pay all such salary supplements. Each salary supplement approved by the state board and included within the program adjustment amount for training and experience shall be separately identified by category of personnel with total cost requirements and submitted to the General Assembly for funding. (b) The state board is authorized and directed to devise a program which has as its purpose providing certificated nonteaching personnel who possess above average or outstanding competencies relative to their position and exhibit outstanding performance in executing their responsibilities with salary supplements in recognition of such competency and performance. Achievement of students beyond the level typically expected for their ability may be included in the performance criteria for certificated nonteaching personnel. The state board shall use the task force pursuant to Code Section 20-2-213 or shall appoint an additional task force comprised of representatives of appropriate educational interests to advise the board concerning the development and implementation of such salary supplement program. The state board shall allocate, once it has adopted such a salary supplement program for certificated nonteaching personnel, sufficient funds subject to appropriation by the General Assembly to each local unit of administration to pay the salary supplement of all such personnel awarded the said supplements under this state board adopted program. Local school systems shall not apply any portion of the local fair share pursuant to Code Section 20-2-164 to the grants provided under this subsection. 20-2-215. Classroom aides and paraprofessionals shall have, while performing assigned duties, the authority of 'in loco parentis,' except for the administration of corporal punishment; provided, however, that such aides and paraprofessionals have at least the minimal training or experience, or both, prescribed by the state board to have such authority and that such aides and paraprofessionals are under direct supervision of classroom teachers or other certified professional personnel on a daily basis. Such aides and paraprofessionals shall have such authority both when the classroom teachers are present and when they are absent for justifiable purposes. Such purposes shall include planned release time and such activities as accompanying selected students to other locations or sites, instructing individual students or small groups at a location away from the classroom, meeting with parents and guardians, planning instructional programs or lessons, participating in staff development activities, and other such education activities related to classroom instruction. The state board shall have the authority to prescribe such requirements and standards as it deems necessary for the effective implementation of this Code section. 20-2-216. As a condition for receiving funds under this article, it shall be the duty of each local unit of administration to employ and to utilize the services of substitutes for teachers who are absent. It shall be the duty of the local unit of administration to employ substitutes, including retired teachers in accordance with Code Section 47-3-127, who possess a valid teaching certificate issued by the State Board of Education. If a person holding a valid teaching certificate is not available to serve as a substitute for a teacher who is absent, the local unit of administration is authorized to employ the person who most closely meets the requirements for certification as a teacher and who FRIDAY, FEBRUARY 22, 1985 1411 is available to serve as a substitute. It shall be the duty of the state board to promulgate and adopt rules, regulations, and policies establishing classes or categories of persons, in order of descending priority, who most closely meet requirements for certification within this state. Nothing contained in this Code section shall prevent the local board or local school superintendent from refusing to employ as a substitute teacher one who, in the discretion of the board, would be detrimental to the education of the students provided for by this article. Part 7 20-2-230. (a) The State Board of Education shall adopt and prescribe all rules, regulations, and policies required by this article and shall adopt and prescribe such other rules, regulations, and policies as may be reasonably necessary or advisable for proper implementation, enforcement, and carrying out of this article and other public school laws or for assuring a more economical and efficient operation of the public schools of this state or any phase of public education in the public schools of this state. The state board shall establish and enforce standards for operation of all public elementary and secondary schools and local units of school administration in this state so as to assure, to the greatest extent possible, equal and quality educational programs, curricula, offerings, opportunities, and facilities for all Georgia's children and youth and economy and efficiency in administration and operation of public schools and public school systems throughout the state. The state board shall have the power to perform all duties and to exercise all responsibilities vested in it by provisions of law for the improvement of public education in the public elementary and secondary schools of this state, including actions designed to improve teacher and school effectiveness through research and demonstration projects. The state board shall have the power to take such actions it deems necessary to ensure that the citizens have full awareness and knowledge relative to the costs, quality, and performance of the public elementary and secondary schools of this state. All rules, regulations, policies, and standards adopted or prescribed by the state board in carrying out this article and other school laws shall, if not in conflict therewith, have the full force and effect of law. (b) The State Board of Education is authorized, after a reasonable attempt at consultation with the State School Superintendent, to organize and reorganize the Department of Education and the various offices, divisions, sections, and units thereof and to prescribe the duties, functions, and operations of each at such times and in such manners as the state board may deem necessary or desirable for the more economical or effective organization, administration, or functioning of the department. 20-2-231. The State School Superintendent shall be the executive officer of the State Board of Education and the administrative officer of the Department of Education. He shall be responsible for the administration and enforcement of this article and other school laws in accordance with such laws and with rules, regulations, policies, and standards adopted or prescribed by the state board for the implementation, administration, or enforcement of such laws. 20-2-232. All county, independent, and area public school boards in this state, established pursuant to law, shall be local units of administration and local school systems for the purposes of this article, except where other specific provisions are made. The qualifications; manner and time of selection, election, or appointment; tenure; state compensation, if provided for; and powers and duties of school superintendents and members of boards of education of the several local units of administration shall be as prescribed by law; provided, however, that such school superintendents and members of local boards of education shall comply with, execute, and enforce this article and other school laws and provisions of rules, regulations, policies, and standards adopted by the State Board of Education pursuant thereto in order to render the respective local units of administration eligible to receive state funds under this article. Specifically, however, each public school board shall be responsible for ensuring that: (1) The instructional programs authorized pursuant to Part 3 and the uniformly sequenced core curriculum authorized pursuant to Part 2 are fully and effectively implemented; 1412 JOURNAL OF THE HOUSE, (2) Locally adopted and offered enrichment programs, courses, and activities are properly planned, implemented, monitored, and evaluated to ensure the highest quality possible; (3) The citizens residing within the local school system have full awareness and knowledge relative to the costs, quality, and performance of the system's elementary and secondary schools; and (4) The local school system has job descriptions for each position held or to be held by certificated professional personnel, has policies relative to the recruitment and selection of such personnel, and does adhere to such recruitment and selection policies. Such policies shall assure nondiscrimination on the basis of sex, race, religion, or national origin. 20-2-233. In the event a local unit of administration shall fail to comply with any provision of this article or other school laws; any provision of rules, regulations, policies, standards, or requirements established by the State Board of Education; or the terms of any contract with the state board, the state board may, in its discretion, withhold from such local unit all or any part of the state contributed Quality Basic Education Program in Georgia funds allotted to such local unit under this article until such time as full compliance is made by the local unit. The state board shall, before withholding such funds, notify the local unit of its intention to withhold such funds and state the reasons for such action. The board of education of the local unit shall be entitled to a hearing on such matter before such funds are withheld, provided the local board requests such hearing within 30 days from receipt of such notification. If the local board of education feels itself aggrieved by the final decision of the state board following such hearing, the local board shall have the right to obtain judicial review of such decision, on the record made before the state board, by filing an appeal in the superior court of the county of the local unit affected. Such appeal shall plainly specify the decision complained of, the questions in dispute, the decision of the state board, the relief sought by the local board, and the contentions of the local board. The appeal shall be based upon the record as a whole established at the time of the hearing before the state board. A transcript of the testimony and other evidence adduced before the state board at the time of such hearing shall be prepared and certified as true and correct by the State School Superintendent and filed in the court within 30 days after date of service of a copy of the appeal upon the superintendent or within such other time as the court may allow. The decision of the state board on appeal shall not be set aside if based upon any substantial evidence in the record, considering the record as a whole. The court may, in its discretion, whether or not prayed for in the appeal, remand such matter for future proceedings or findings on such directions or terms as may be specified in the order of the court. Proceedings for review of the final judgment of the court shall follow the same course which is now or may hereafter be prescribed for other civil actions in the superior court. No funds shall be withheld until all appeals are exhausted. Any local unit of administration which feels aggrieved by any decision of the state board shall have the right to appeal under the provisions of this Code section. Parts 20-2-240. (a) The State Board of Education shall provide grants subject to appropriation by the General Assembly for this purpose to qualified local units of administration for the purpose of improving the effectiveness of an educational program or service within a school, a cluster of schools, or system wide. The criteria for awarding such grants shall include the potential for widespread adoption of such improvement by other public schools or local units of administration in the state, the potential to which the project is likely to result in the proposed improvement, the quality of the proposed project design, the reasonableness of the costs involved in conducting the project, and such other criteria which the state board may deem appropriate and necessary. The state board shall have the authority to establish a list of educational programs and services for which project proposals will be considered or the state board shall have the authority to consider unsolicited project proposals concerning any educational program or service needing improvement, or both. Local units of administration shall be required FRIDAY, FEBRUARY 22, 1985 1413 to expend local funds for a portion of the costs of projects authorized under this subsection. The amount of such local funds shall be based upon the ability of a local unit to pay a share of the cost relative to the ability of other local units in the state to pay their share of such cost. Such local funds shall be in excess of the local funds required for the local fair share pursuant to Code Section 20-2-164 and required as a portion of the costs for other grant programs authorized under this article. (b) The State Board of Education shall provide grants subject to appropriation by the General Assembly for this purpose to qualified local units of administration for the purpose of assisting other local units in their efforts to adopt an effective improvement of an educational program or service. The criteria for awarding the grants shall be that the local unit was previously instrumental in the development or adoption of such effective improvement, that the improvement has the potential for widespread adoption by other local units or schools in other local units, that the improvement contributes to the increased effectiveness or efficiency of an educational program or service sufficiently to warrant the proposed project costs and such other criteria which the state board may deem appropriate and necessary. Such grants shall not require that any portion of such project's cost be paid by the qualified local unit receiving such grant. (c) The State Board of Education shall provide grants subject to appropriation by the General Assembly for this purpose to qualified local units of administration for the purpose of adopting an effective improvement of an educational program or service. The criteria for awarding such grants shall be that the proposed improvement of an educa- tional program or service has been proven to be effective elsewhere, the proposed improvement contributes to the increased effectiveness or efficiency of an educational program or service sufficiently to warrant the proposed project's cost and such other cri- teria which the state board may deem appropriate and necessary. All funds for such adoption projects shall be for costs in excess of costs for which funds have been other- wise provided by the provisions of this article. Local units of administration shall be required to expend local funds for a portion of the cost of projects authorized under this subsection. The amount of such local funds shall be based upon the ability of a local unit to pay a share of the cost relative to the ability of other local units in the state to pay their share of such cost. Such local funds shall be in excess of the local funds required for the local fair share pursuant to Code Section 20-2-164 and required as a portion of the costs for other grant programs authorized under this article. 20-2-241. Reserved. 20-2-242. (a) Local school systems shall develop long-term system-wide electronic technology plans which list assessed needs; describe the planned phasing in of the com- puter hardware, software, and related electronic technology necessary to address the assessed needs; and contain such other items as the State Board of Education may deem necessary for an effective electronic technology plan. The state board shall adopt a long- term state-wide electronic technology plan which is reflective of needs identified state wide and the priorities and planned actions designed to address such needs. The state board shall prescribe the method and frequency by which such electronic technology plans shall be updated. (b) The state board shall grant funds subject to appropriation by the General Assem- bly for this purpose to local systems of administration to be used to purchase computer hardware, software, and related electronic technology and to finance the costs of staff development programs related to the use and application of computers and related electronic technology to educational programs and services. The amount of funds granted to any local school system shall be based upon the extent of need as reflected in its electronic technology plan, the consistency of such needs with the priorities established by the state board's state-wide plan, and such other considerations as deemed necessary by the state board. The amount of local funds required may be based upon the ability of a local system to pay a share of the cost relative to the ability of other local systems in the state to pay their share of such cost. Such local funds shall be in excess of the local funds required for the local fair share pursuant to Code Section 20-2-164 and required as a portion of the costs for other grant programs authorized under this article. (c) The state board shall evaluate hardware and software, disseminate to local systems effective software, provide technical assistance to local systems, provide staff 1414 JOURNAL OF THE HOUSE, development training to local systems and regional educational service agencies, and perform such other functions as deemed necessary by the state board. (d) The state board shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section and shall take all actions deemed necessary to facilitate the adoption and effective utilization of computers and related electronic technology in improvement of the operations of educational programs and services in the state. 20-2-243. The State Board of Education shall provide qualified public elementary and secondary schools and local school systems with incentive award grants subject to appropriation by the General Assembly for this purpose. The purpose of such grants shall be to give recognition to public schools and school systems having demonstrated high levels of performance or high levels of improved performance; provided, however, that all comparisons of schools shall be with other schools containing similar grade levels and containing student populations which have similar demographics and that all comparisons of local school systems shall be with other local school systems containing student populations which have similar demographics. The amount of such incentive award grants shall be reflective of the most recent full-time equivalent (FTE) counts of the qualified public schools or local school systems respectively and such other factors deemed appropriate by the state board. The public schools or local school systems receiving such incentive award grants shall expend these funds to improve their staff development or instructional programming, or both, in a manner they deem appropriate. Such recipients of the incentive award grants shall not be required to apply local funds to the expenditures authorized under this Code section. The state board shall adopt a list of performance areas for which public schools and local school systems may receive incentive award grants and shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section. 20-2-244. The State Board of Education is authorized to engage in or otherwise to make provision for educational research into all methods of instruction and education of children and youth; to sponsor conferences, study groups, and workshops; and to conduct research or education demonstrations, experimentation, field tests, and such other projects which will support, improve, or strengthen the public school system of this state, the quality of education provided children and youth in the public schools of this state, and the qualifications and technical skills of professional personnel employed in the public schools of this state; and the state board is authorized to employ or contract for the services of specialists and others as may be necessary or desirable for such purposes and to cooperate with public school systems and public and private educational institutions and agencies inside or outside the state for such purposes. Part 9 20-2-250. (a) All public school officials and personnel shall be provided the opportunity to continue their development throughout their professional careers. The primary purpose of the staff development sponsored or offered by local units of administration and the Department of Education shall be the implementation of this policy. Two additional purposes of such staff development programs shall be to adopt into general practice the findings of scientifically designed research which has been widely replicated, particularly as it relates to teacher and school effectiveness, and to mitigate the professional deficiencies identified during the process of objective performance evaluations. (b) All newly elected and appointed members of boards of local units of administration shall, before or within one year after assuming office, receive orientation on the educational program objectives of Georgia and instruction and study in school finance; school law, with special emphasis on the 'Quality Basic Education Act'; responsiveness to the community; the ethics, duties, and responsibilities of local school board members; the evaluation of the annual performance of the school superintendent and the local board of education; and such other topics that the State Board of Education may deem to be necessary. The state board is authorized to require the training of all members of boards of local units of administration which the state board deems to be necessary to ensure the effective management and operation of the local units of administration of FRIDAY, FEBRUARY 22, 1985 1415 the state. The Department of Education is authorized, in cooperation with the Georgia School Boards Association, to conduct workshops providing such instruction and study and to present to each board member completing such workshop an appropriate certificate. All boards of local units of administration are authorized to pay such board members the same per diem as authorized by local or general law for attendance upon regular or special meetings, as well as reimbursement of actual expenses for travel, lodging, meals, and registration fees for such workshops, either before or after such board member assumes office. 20-2-251. Each program weight computed pursuant to Code Section 20-2-161 shall reflect an amount of funds that is at least equivalent to one-half of 1 percent of all professional salaries used in the development of each program weight. These funds shall be used for staff development. 20-2-252. (a) The State Board of Education is authorized and directed to establish the Georgia Education Leadership Academy whose full-time personnel shall be employees of the Department of Education. The purpose of the Georgia Education Leadership Academy shall be to provide opportunities for public school leadership personnel to update and expand their leadership knowledge and skills. (b) The Georgia Education Leadership Academy shall have an advisory board. Members of the advisory board shall consist of two representatives from each of the following categories: (1) Representatives of local school system administrators appointed by the state board; (2) Representatives of colleges and universities appointed by the state board; (3) Representatives of the House of Representatives appointed by the Speaker of the House; (4) Representatives of the Senate appointed by the President of the Senate; and (5) Representatives at large appointed by the Governor. The advisory board shall be called into session by the State Board of Education prior to the end of fiscal year 1985 to perfect its organization and to set the frequency of meetings. This advisory board shall serve without remuneration from the Georgia Education Leadership Academy. Each organization represented may provide per diem for appointed members. (c) The Georgia Education Leadership Academy shall use such approaches as are deemed necessary to ensure the active participation of public school leadership personnel and their mastery and application of essential knowledge and skills. Such approaches shall include but are not limited to, conducting seminars and workshops, awarding academic or staff development credit, and providing on-site technical assistance. Local boards are authorized to reimburse such administrators for actual expenses which result directly from participating in this program. The State Board of Education shall provide a status report as to the effectiveness of this program pursuant to subsection (e) of Code Section 20-2-282. 20-2-253. Each local school system shall develop an annual comprehensive staff development plan and shall submit such plan to the State Board of Education for review and approval in the manner and at the time prescribed by the state board. The annual comprehensive staff development plan shall provide for programming designed to address deficiencies of school and system personnel as identified through the annual personnel evaluation process, staff development needs as identified through the evaluation of the effectiveness of instructional programs, and such other needs as deemed necessary by the local school system or prescribed by the state board. Part 10 20-2-260. (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 structurally 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 'Quality Basic Education Act.' 1416 JOURNAL OF THE HOUSE, (b) As used in this Code section, the following words or terms shall have the following 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, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings 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 necessary 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 equipment, 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, stadiums, 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 as set forth in subsection (k) of Code Section 20-2-260 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 instructional 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 of 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 contributed by local units of administration from local funds for each construction project. (13) 'Unhoused students' means those students who are not housed in school facilities 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 section, and the State School Superintendent and designated staff in the Department of FRIDAY, FEBRUARY 22, 1985 1417 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 requirements 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 purposes; outstanding school bonds and annual debt service; and 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 current 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 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 educational 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; recommendations for improvements, expansion, modernization, safety, and energy retrofitting 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 construction 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; educational facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofitting; 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 pertaining or relating to consolidation of schools and educational facilities as may be reasonably 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 renovated 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 1418 JOURNAL OF THE HOUSE, 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 developing 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 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, student membership projection research, and educational facilities construction plans and shall reflect the demand areas for capital outlay. In addition, the State Board of Education shall develop a consistent, systematic research approach to student membership projections which will be used in the development of needs within each local unit, but such projections shall not be confined to resident pupils in student membership but shall be based on student membership which includes nonresident pupils, whether or not such nonresident pupils attend school pursuant to a contract between local units of administration. The nonresident projection shall be the most recent five-year student membership average. 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 responsibility of the local unit and shall not count toward present or future required local participation; (6) To adopt policies, standards, and guidelines to ensure that the provisions of subsections (f)> (g), (h), and (i) of this Code section 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 completed construction projects financed in whole or in part with state funds, except construction 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 Georgia 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 failure 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. FRIDAY, FEBRUARY 22, 1985 1419 (e) In order to qualify for and receive state capital outlay funds in accordance with provisions of subsections (h) and (i) of this Code section, each local unit must meet the following conditions and requirements: (1) Prepare and annually update an educational facilities and real property inventory 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) of this Code section. Each proposed construction project shall be identified according to the purposes for capital outlay funds as provided in subsection (f) of this Code section. Each local unit shall specify the order of importance of all proposed construction projects. When two or more local units agree on the need for a consolidation project pursuant to subsection (f) of this Code section, the estimated construction cost shall be prorated to the participating local units and included with their identification of needs in accordance with the proportion 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 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) of this Code section; and (6) Revise the local educational facilities plan and priority order of requested construction projects in accordance with provisions of subsection (c) of this Code section. (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 student enroll- ment 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 educational 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, inacces- sible, energy deficient, or unsanitary physical environments; (3) To provide construction projects for new additions to existing educational facilities 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 populations 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 comprehensive high school structure but neither shall such vocational wing be excluded for funding purposes; and (6) To reimburse local units of administration for current principal payments on local indebtedness for state approved construction projects for educational facilities. 1420 JOURNAL OF THE HOUSE, 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 paragraphs (1) through (5) of this subsection have been completed. (g) The state and each local unit of administration shall provide 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 by the total amount of the state-wide equalized adjusted school property tax digest per total resident pupil. The resulting index shall be multiplied by 25 percent of the cost of the eligible construction project to determine the required local participation. A local unit may reduce its required local participation by an amount equal 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 paragraph (2) of this subsection; and (2) Eligible construction projects for consolidations as determined in subsection (f) of this Code section 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 educational 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) of this Code section 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 million 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 estimate 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) of this Code section; and (B) The sum of the annual debt service payments for the five-year period of the latest survey (that used in subparagraph (A) of this paragraph), 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) of this Code section. Such payments shall annually be adjusted downward for any portion used in lieu of required local participation as allowed in subsection (g) of this Code section 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) of this subsection 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 FRIDAY, FEBRUARY 22, 1985 1421 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) of this subsection. In the event that projects requested for funding exceed the total state entitlements and required local participation, local units may elect to contribute additional local funding. 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 necessary, 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 Education for a fiscal year shall be that level which is consistent with the appropriations Act for that year. (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 proposed 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) of this Code section 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) of this Code section; (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) of this Code section 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) of this Code section shall be made separately from subsection (h) of this Code section for regular entitlements. (k) The State Board of Education shall implement a computerized student projection program for each school system in Georgia as a component of the comprehensive information retrieval system. The program shall be used in this subsection to forecast facility needs in each system by projecting student membership for each grade level and shall be written in the educational facilities survey. The projection program methodology must correlate live-birth data to enrollment and project student enrollment for each of the grades, including kindergarten,, for each of the next five years using cohort survival. (1) The State Board of Education shall request funds from the General Assembly for capital outlay purposes as defined in subsections (a) through (k) of this Code section by school system and project. For each project, the State Board of Education shall present by object of expenditure all costs contributing to the construction project. This 1422 JOURNAL OF THE HOUSE, itemization shall include, but not be limited to, architectural fees, classroom construction by purpose for classroom, cost for hallways, restrooms, administrative offices, lunchrooms, and media centers. Further, the justification shall include the location of such projects and how the project meets the replacement of substandard classrooms and schools. The justification shall also include a listing of remaining substandard classrooms and schools by location and those programs housed in such nonstandard classrooms and schools. 20-2-261. (a) The State Board of Education shall establish 'common minimum requirements' which each public school facility must meet in order to be certified for use in any component of the educational or recreational program of that school. Such minimum requirements shall include those provisions of law or state board policy on matters that relate to fire and physical safety; sanitation and health, including temperature and ventilation; minimum space, size, and configuration for the various components of the instructional program; and construction stability, quality, and suitability for intended uses. (b) The state board shall adopt policies and procedures to ensure that each school facility meets minimum standards as determined by state board policy. (c) A proposed plan of action which includes a list and description of each deficiency and time limits within which such deficiencies are to be corrected must be submitted to the state board for review and approval. Further, the state board shall have the authority to withhold all or part of the state funds in support of this article from any unit of administration refusing or failing to implement the plan of action for deficiency remediation approved by the state board. Part 11 20-2-270. (a) The state board shall establish a state-wide network of regional educational service agencies for the purposes of providing shared services which are designed to improve the effectiveness of educational programs and services of local school systems and of providing instructional programs directly to selected public school students in the state. The programs commonly known as the Georgia Learning Resource System and Psycho-Educational Centers for severely emotionally disturbed students shall be assigned to and operated by the regional education service agencies; provided, however, that any Regional Education Service Agency may elect to contract with a local school system which was acting in fiscal year 1986 as the fiscal agent for a Psycho-Educational Center or Georgia Learning Resource System to continue in that capacity. The shared services to member local school systems may include such services as: (1) Staff development programming; (2) Assistance in implementing the uniformly sequenced core curriculum adopted by the State Board of Education and other curricular improvements; (3) Assistance in preparing plans or project proposals to be submitted to the state board; (4) Assistance in improving instructional programs; (5) Assistance in using computers and other electronic technology; and (6) Providing shared purchasing, printing, and machine maintenance and repair, (b) All member and nonmember local school systems shall be provided the services of the Georgia Learning Resource System. The instructional programs provided directly to selected public school students shall include any such program to any such students as may be provided under contract with one or more member local school systems, or as prescribed by the state board for students with handicapping conditions which are either of such low incidence or of such severity that it is unfeasible or impractical to provide needed educational and training services through local school systems pursuant to Code Section 20-2-151; provided, however, that severely emotionally disturbed students of all local school systems, member and nonmember local school systems alike, shall be provided the instructional and support services of the Psycho-Educational program. The regional educational service agencies established by the state board may legally be referred to as 'RESA' or 'RESA's.' FRIDAY, FEBRUARY 22, 1985 1423 20-2-271. (a) The State Board of Education shall establish the service area of each regional educational service agency as a single geographical area of this state that contains the entire area for several local school systems. To the extent feasible and practical, all such service areas should be homogeneous in terms of the number of local school systems, the number of public schools, the number of students, the number of square miles within the service area, and in terms of such other factors as may be deemed necessary by the state board; provided, however, that the service area for metropolitan Atlanta may be an exception due to the high density of students per square mile. The total number of such service areas shall be as small as possible to ensure cost effectiveness of its operation; however, the number shall be large enough to minimize excessive travel time when providing shared services within any such service area. Each local school system in this state shall be assigned to one of these service areas. (b) Each local board of education of a local school system which will be a member of the regional education service agency in its designated service area during the ensuing fiscal year shall approve a resolution to that effect and forward a copy of said resolution to the State Board of Education and the board of control of the regional agency by January 15. Such action shall be required annually. 20-2-272. (a) Each regional educational service agency shall be governed by a board of control which shall have such number of members for such terms of office as prescribed by the State Board of Education, provided that at least one-third of the membership of each board of control shall be individuals who hold no other public office, who are not employees of any local unit of administration, and who are not employees of the Department of Education. The members of the board of control shall be elected by an annual caucus of an equal number of members of local boards of education from the respective member local school system. The state board shall also pre- scribe for an equal number of local board members from each member local school system to participate in said caucus. (b) All laws and the policies and regulations of the State Board of Education appli- cable to local school systems and local school system boards of education shall be appli- cable to the agencies and their boards of control unless explicitly stated otherwise in this part. No board of control shall hold title to real property or levy or collect any taxes. No board of control shall expend or contract to expend any funds beyond the amount of funds that the board of control is legally authorized to receive and will, in fact, receive. Each board of control shall submit an annual report and an annual budget to the state board, in the manner prescribed by the state board, for review and approval. (c) The state board shall be responsible for assuring that the activities of each agency and its board of control established under this part conform to both the Constitution and laws of Georgia, as well as the policies and regulations of the state board. The State School Superintendent shall prepare an annual report to the General Assembly giving an assessment of the status and achievements of the shared service programs in the state, prior to appropriations consideration for such services pursuant to subsection (e) of Code Section 20-2-282. (d) Boards of control shall determine needs of school children in the area served by each agency, establish priorities from those needs, and allocate resources accordingly. Boards of control shall annually review the progress and cost efficiency of the agencies in terms of their success and efficiency in meeting priorities. Efficiency shall be assessed by relating outputs to dollar inputs. Boards of control shall determine the procedures and activities of each agency as related to the achievement of locally established objectives. Boards of control shall likewise establish job descriptions, personnel qualifications, and work schedules in terms of locally established priorities. 20-2-273. (a) Each board of control shall appoint and contract with a director who shall be the administrative and professional head of the regional educational service agency. The director shall be responsible for the administration of programs and services approved by the board of control and shall be the fiscal officer of the board. (b) The regional educational service agency staff shall consist of those individuals authorized by the board of control to provide those services desired by the member systems and those individuals necessary to provide the instructional and support services prescribed in Code Section 20-2-270 for all local school systems within the service area. 1424 JOURNAL OF THE HOUSE, 20-2-274. (a) The State Board of Education shall grant sufficient funds appropriated by the General Assembly for this purpose to each regional educational service agency to finance its share of the basic operating expenses, to provide instructional and support services to students eligible for the Psycho-Educational program, to provide services under the Georgia Learning Resources System to all local school systems in its service area, and to provide instructional and training services to handicapped students pursuant to Code Section 20-2-151. The amount of funds needed by each regional educational service agency to finance its basic operations shall be reflective of the number of member local units of administration and the number of schools and students contained within such member local units. The State Board of Education shall present a line-item budget for each regional educational service agency's basic operating expense, psychoeducational program, Georgia Learning Resources System, and instruction and training service to handicapped students. This budget shall include a division of the state and local share for each program in support of appropriations consideration by the General Assembly. The member local school systems shall on a state-wide basis collectively contribute one-fourth of the basic cost of operating the regional education service agency network. The amount each member local school system shall contribute shall be based upon its ability to contribute, as determined by the State Board of Education. In making this determination the State Board of Education shall consider the same factors that it uses for determining local fair share as set forth in Code Section 20-2-164. All other financing will be based on contracts to supply service programs to member local school systems. The funds for these programs, upon a contract approval basis, may be derived from local, state, federal, or private sources. (b) An agency may not receive directly from the state board any state funds originally intended or directed by this article to a local school system; provided, however, that, upon the official request of a local school system, the state board may send directly to an agency any funds allocated to a local school system. All grants from the state along with the contributions from member systems and funds from other sources shall be budgeted by the board of control. Part 12 20-2-280. The State Board of Education shall adopt a state-wide long-term strategic plan which is reflective of the educational programs and services and other public educational functions which need improvement state wide or in selective areas of the state and which contains the priorities and planned actions designed to address such needs. Each local school system shall develop and adopt a system-wide long-term strategic plan which is reflective of the priorities contained in the state-wide long-term strategic plan adopted by the state board and such needs for improving educational programs and services system wide or in specific schools as were identified through an in-depth selfstudy or an evaluation by the Department of Education pursuant to Code Section 20-2-282. Such long-term strategic plans of local school systems shall contain a description of assessed needs, a list of planned improvements of educational programs or services designed to address the assessed needs, a list of the educational goals for the educational programs or services to be improved, a list of educational objectives determined from these goals, a course of action for implementing the planned improvements including a phasing timetable, an evaluation system to determine if the educational objectives in the plan are being attained, and such other items as the state board may deem necessary. The state board shall prescribe the method by which such strategic plans shall be submitted and reviewed for approval. To the extent deemed reasonable and appropriate by the state board, this Code section shall apply to regional educational service agencies. 20-2-281. (a) The State Board of Education shall adopt such instruments, procedures, and policies as it deems necessary to assess the effectiveness of the educational programs of the state and shall fund all costs of providing and scoring such instruments subject to appropriation by the General Assembly for this purpose. Such state-wide assessments shall be made twice annually as a pretest and posttest for all students in grades 1-12 on a normed reference achievement test. Such assessments shall place FRIDAY, FEBRUARY 22, 1985 1425 emphasis upon reading, writing, and mathematics but shall include science and social studies. Such assessments shall provide students and their parents with nationally normed percentile scores which result from the administration of standardized tests. Such tests shall be administered twice at each grade level. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP) beginning in fiscal year 1986 and thereafter. The results of such testing shall be provided to the Governor's office, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board shall adopt a school readiness assessment for students entering first grade and shall administer such assessment pursuant to subparagraph (B) of paragraph (2) of Code Section 20-2-151. (b) The state board shall have the authority to condition the promotion of students from one grade to the next or condition the awarding of a high school diploma to a student upon his achieving satisfactory scores on instruments or tests adopted and administered by the state board pursuant to subsection (a) of this Code section. However, any student legally assigned to a special education program who has been promoted to the twelfth grade and who has met the provisions of the Individual Education Plan under P.L. 94-142 shall receive a high school diploma. The State Board of Education shall develop standards for Individual Education Plan development in accordance with P.L. 94-142 which take into consideration the child's exceptionality and provide the instruction necessary to achieve success within recognized limitations. 20-2-282. (a) (1) The State Board of Education shall supervise a comprehensive evaluation of each public school, local school system, and regional service agency which shall be done at least once every five years concerning the following functions to the extent they are deemed by the State Board of Education to be appropriate and applicable to such units: (A) The extent to which the strategic plan has been effectively implemented; (B) The extent to which the state board adopted uniformly sequenced core curriculum has been effectively implemented; (C) The extent of compliance with state laws and state board prescribed policies, rules, regulations, standards, and criteria; (D) The effectiveness of educational programs and services, including comparisons to comparable student bodies in terms of demographics; (E) The effectiveness of the annual personnel evaluation procedures and annual professional development plan procedures and the extent to which staff development programs effectively address deficiencies and other needs identified through these processes; (F) The accuracy of the student count procedures; (G) The accuracy of fiscal procedures, particularly as they apply to implementing the state board prescribed accounting system and ensuring funds are expended for purposes authorized by state laws and state board policy and regulations; (H) The extent of public awareness and information processes; and (I) Such other functions deemed necessary by the state board for a full and comprehensive evaluation of such units. (2) Such comprehensive evaluation processes shall include individuals from other such units, college teacher preparation programs, and citizens residing within the respective units; the number and role of such individual being prescribed by the state board; provided, however, that such individuals shall be coordinated by professional evaluators. The state board shall be authorized to require additional evaluations of such units by the Department of Education. (b) The State Board of Education is authorized, subject to appropriation by the General Assembly for this specific purpose, to establish regional offices of the Department of Education. Should the state board establish such regional offices of the Department of Education, their service areas shall be congruous with the service area of regional educational service agencies as provided for in subsection (a) of Code Section 20-2-271 and all employees of such regional offices shall be employees of the Department of Edu- cation. 1426 JOURNAL OF THE HOUSE, (c) The State Board of Education shall designate public schools, school systems, and Regional Educational Service Agencies which receive a satisfactory comprehensive evaluation pursuant to subsection (a) of this Code section as 'standard' schools, school systems, or regional educational service agencies, respectively. The State Board of Education shall award a certificate of acknowledgement for superior performance to all such units which receive a superior comprehensive evaluation relative to comparable units having comparable student bodies, shall provide such units, excluding the regional educational service agencies, with grants appropriated by the General Assembly for this purpose pursuant to the provisions for incentive awards in Code Section 20-2-243 and shall designate such units as 'exemplary' schools, school systems, or regional educational service agencies, respectively. The state board shall designate all such units which receive an unsatisfactory comprehensive evaluation relative to comparable units as 'nonstandard' schools, school systems, or regional educational service agencies, respectively. The state board shall adopt such criteria as necessary to determine the status of each unit under the comprehensive evaluation process. (d) Each local school system shall annually inform the citizens residing within its area concerning the collective achievement of enrolled students by school and system, costs of providing educational programs and services by system, and such other items as deemed necessary by the State Board of Education in the manner prescribed by the state board. The State Board of Education shall publish in the legal organ of the county where the local school system is located the result of the comprehensive evaluation including a summary of any deficiencies as may have been identified and recommendations for addressing said deficiencies. The State School Superintendent shall annually report to the Governor and the General Assembly concerning the results of all state-wide assessment of student achievement; the status of each public school, school system, and regional educational service agency; and the progress each nonstandard unit has made toward addressing identified deficiencies. Copies of such reports shall be made available upon request. The State School Superintendent shall be authorized to require local school superintendents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operation of public education in this state. The State School Superintendent shall compile an annual report in which he shall present a statement of the condition and amount of all funds and property appropriated to the purpose of public education; a statement of the average cost per pupil of instruction under the public school system; and a statement of the number of children of school age in the state, with as much accuracy as possible. Such report shall be kept in the superintendent's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request. (e) The State Board of Education shall report to the education committees of the Georgia House of Representatives and the Georgia Senate on a quarterly basis as to the progress made on the implementation of this article. The State Board of Education shall also request permission from the education committees of the General Assembly for approval of various state plans which have the effect of committing state funds in such plans submitted to the federal government or others when the General Assembly is not in session. The reports by the state board shall include any justification for problems with implementation of the Quality Basic Education Program, evaluation results, and any projected needs beyond base allocations which will be requested through the appropriations process for systems to meet the intent of the General Assembly. The education committees shall be authorized to act on behalf of the General Assembly on all matters relating to education statutes during the interim and to examine all data and justification for changes in the forthcoming appropriations requests. The committees will recommend to the education subcommittee to the appropriations committees those changes which have been justified through such review. (f) The State Board of Education shall prescribe such policies, procedures, and instruments as are deemed necessary for the effective implementation of this Code section. Further, the state board shall revise state standards to the extent necessary to be consistent with this article. FRIDAY, FEBRUARY 22, 1985 1427 20-2-283. (a) All local units of administration which are designated to be nonstandard or which operate one or more public schools so designated shall be required to submit to the state board for its approval a corrective plan designed to address all deficiencies identified pursuant to Code Section 20-2-282. Such corrective plans shall include a description of the actions to be taken to correct each deficiency, a designation of the resources which will be applied to these actions, the date on which each action shall be initiated and completed, the evaluation procedures to be used to assess progress, the technical assistance needed to execute the corrective plan and anticipated source of such assistance, and such other items deemed necessary by the state board for an effective corrective plan. It shall be the duty of regional educational service agencies to supply member local school systems and the Department of Education to supply to all local units of administration such technical assistance that they may need and request concerning the development and implementation of these corrective plans. (b) The State Board of Education shall review once every six months the progress of nonstandard local units of administration in implementing state board approved corrective plans. Such reviews shall continue until such corrective plans have been fully implemented or the local unit has been redesignated by the state board as a standard or exemplary unit. (c) The State Board of Education shall conduct a comprehensive evaluation pursuant to Code Section 20-2-282 of all local units which had been designated by the state board as nonstandard. Such evaluation shall be conducted within two years after the state board has approved their corrective plan. (d) In the event the state board finds that any local unit of administration is making unsatisfactory progress relative to development or implementation of a corrective plan pursuant to this Code section, the state board shall be authorized to take any one or any combination of the following actions: (1) The state board is authorized to increase the local fair share of such local unit pursuant to Code Section 20-2-164 by an amount deemed necessary by the state board to finance all resources and actions needed to correct identified deficiencies; or (2) The state board is authorized to file a civil action in the superior court of the county wherein the school system is located requesting the trial judge to determine whether any member of the board of a local school system or any local superintendent has by his actions or inactions prevented or delayed implementation of the corrective plan. If the judge finds that any board member or local superintendent has prevented or delayed implementation intentionally, then the judge may issue an order requiring the board member or superintendent, or both, to implement the corrective plan. The court shall have the power to appoint a trustee to make sure the order of the court is carried out. Any expenses or costs incurred by the trustee in carrying out his duties, when supported by the court, shall be paid for out of funds used to pay for expenses incurred by board members. If the trustee finds that any board member or superintendent is violating the order of the court, then the judge may remove such board member or superintendent and appoint a replacement until the vacancy can be filled as provided by law. The court shall have such powers as are necessary to carry out the provisions of this subsection. Part 13 20-2-290. The board of education of any local unit of administration is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. However, the State Board of Education shall provide grants subject to appropriation by the General Assembly for this purpose to local school systems which operate middle school programs which meet the criteria and standards prescribed by the state board. The amount of such grants shall be an additional 13 percent of all funds needed under the Quality Basic Education formula provided for in Code Section 20-2-161 for students in grade levels six, seven, and eight who are counted in the fulltime equivalent counts for a qualified middle school program. For those systems which are unable to implement a middle school program containing grades six, seven, and eight, the State Board of Education shall have the authority to prorate funds provided 1428 JOURNAL OF THE HOUSE, under this Code section to any local education agency operating one or more grade levels as a middle school program. This Code section shall in no way dictate that a local school system construct a middle school containing grades six, seven, and eight in order to qualify for funds under this Code section. 20-2-291. (a) In the event any local school system is voluntarily consolidated with one or more adjoining local school systems under the provisions of Code Section 20-2-60 or Code Sections 20-2-370 through 20-2-372, all local school systems which are a party to such voluntary consolidation shall not be required to finance any portion of the costs for any new construction or any renovation of existing facilities qualified under Code Section 20-2-260 subject to appropriation for this purpose by the General Assembly. (b) In the event any local school system which has an elementary school which has less than 450 full-time equivalent students, a middle school which has less than 624 fulltime equivalent students, or a high school which has less than 485 full-time equivalent students is voluntarily consolidated with another school or a school is constructed to serve the areas of such school and one or more additional schools, provided any such merged school shall serve more students than the respective foregoing number, the local school system shall be required to finance one-half the costs that the local school system would otherwise be required to finance under the provisions of Code Section 20-2-260 for any new construction or any renovation of existing facilities. (c) All benefits to local school systems as provided under subsections (a) and (b) of this Code section shall be conditioned upon the following: (1) No student shall be expected or required to travel a greater distance or time than the maximum travel distance and time prescribed by the state board to attend a school unless the state board explicitly authorizes an exemption based upon the greater good for all students which will result from such system consolidation or school merger; and (2) In the event of consolidation, all existing buildings will be utilized for educa- tional purposes to the extent feasible and practical. 20-2-292. (a) The State Board of Education shall provide sparsity grants, subject to appropriation by the General Assembly for this purpose, to qualified local school systems beyond those funds to which they otherwise are entitled by the provisions of this article and state law. To qualify for the provisions of this Code section, a local school system shall meet the following conditions: (1) The local system is unable to offer its students or a portion of its students comparable educational programs and services to that which are typically being offered to students of this state under provisions of the Quality Basic Education Pro- gram authorized in this article with the funds it is provided for this purpose; (2) The local system would still be unable to offer such comparable educational programs and services to its students or a portion of its students even if schools were merged or the local system is consolidated with an adjoining local system or local systems since the resulting schools would still be smaller than the sizes provided in subsection (b) of Code Section 20-2-291; or such mergers of schools or consolidation of local systems is infeasible since the travel distance or time for a significant portion of the students attending the resulting schools would be greater than the maximum travel distance and time prescribed by the state board; or the consolidation with adjoining local system or local systems was attempted and was rejected by either the officials or the voters of such adjoining local unit or units but such was not the case for this qualifying local system; and (3) The State Board of Education has completed a study which: (A) Concludes that school merger and system consolidation is infeasible; (B) Identifies all resources which are needed to provide all students with such comparable educational programs and services; (C) Determines which of these resources could reasonably be funded by the funds otherwise provided under this article and other applicable state law; and (D) Assigns an initial cost to all such resources needed under subparagraph (B) of this paragraph but not provided for under subparagraph (C) of this paragraph, (b) A local system shall continue to be qualified for the provisions of this Code section until the State Board of Education has completed such a study within five years, FRIDAY, FEBRUARY 22, 1985 1429 unless the local system has rejected an opportunity to consolidate with another local system, or the local system is being provided sufficient funds under other provisions of this article and other state law as may apply to provide such comparable educational programs and services to all its students. The grants provided under the provisions of this Code section shall be adjusted annually and comparably to the increases in the Quality Basic Education formula provided for in Code Section 20-2-161 in the manner prescribed by the state board. The state board shall prescribe such policies, regulations, procedures, and criteria as it deems necessary for the effective implementation of this Code section. (c) All local systems receiving funds during fiscal year 1986 under a grant commonly titled 'isolated schools' shall continue to receive such grant, subject to appropriation by the General Assembly for this purpose, adjusted annually as provided in subsection (a) of this Code section, through the end of the fiscal year that the State Board of Education has completed the study provided in subsection (a) of this Code section. Part 14 20-2-300. (a) The State Board of Education shall have authority to provide for implementation of other educational programs not ordinarily coming within the prescribed curricula of the public schools including but not limited to young farmer programs, youth camps, and food-processing programs, which may or may not require use by local units of additional specially qualified personnel and special equipment necessitating allotment of additional funds. The state board is authorized to establish priorities, standards, and criteria for implementation and operation of such programs as the state board may, in its discretion, find necessary or desirable to implement on a state-wide basis. Local units may, prior to implementation of such programs by the state board, implement such programs locally in accordance with criteria and standards prescribed by the state board. The state board shall, prior to implementation of such programs, establish a uniform basis for allotment of additional funds if such additional allotments are necessary for operation of such programs and the General Assembly has appropriated funds for this purpose. (b) The state board shall annually determine the amount of funds needed for operation of the state schools for the deaf and blind. Such funds appropriated by the General Assembly shall be made available for the operation of these schools under rules and regulations prescribed by the state board. (c) (1) The State Board of Education shall annually determine the cost of operating and maintaining the state-wide network of public school educational television stations, the state-wide cost of programming, and the state-wide cost of production and purchase of video tapes and other materials used in the state-wide public school educational television program. Such state-wide costs as determined by the state board shall be paid entirely from state funds subject to appropriation by the General Assembly for this purpose and shall not be considered in determining the share of local units of administration of the cost of supporting the Quality Basic Education Program. (2) The state board shall develop a comprehensive plan for carrying out the purposes of this subsection. Such plan shall include, but not be limited to, reviewing the utilization of educational television for both instructional and public broadcasting purposes, the expansion of service, and the purchase and construction of facilities or equipment. (3) Notwithstanding any other Code section to the contrary, the State Board of Education may delegate the authority and duties found in paragraphs (1) and (2) of this subsection and any other authority and duties concerning educational television to the Georgia Public Telecommunications Commission and may contract for the purposes of paragraphs (1) and (2) of this subsection with public telecommunications facilities owned by an independent school system prior to 1960. (d) (1) The State Board of Education shall maintain an adult general education program within the state. This program shall provide instruction in basic skills and subjects to individuals 18 years of age and older who have left school and who have 1430 JOURNAL OF THE HOUSE, less than an eighth-grade education or its equivalent. Instruction in a variety of skills and subjects may be provided for individuals who have more than an eighth-grade education or its equivalent. Priority shall be given to elimination of illiteracy in the state and to the attainment of a general educational development (GED) equivalency diploma. Programs of general education for adults should serve to improve the ability of the individual to profit from occupational training and meet adult responsibilities more effectively. Individuals who are 16 or 17 years of age and who have withdrawn from school prior to graduation for a period of four or more months shall be eligible to enroll in adult education programs if they receive written approval for such enrollment from the superintendent of the local school system or the superintendent's designee. However, the language contained in this subsection shall in no way be interpreted to prohibit a student who withdrew from school prior to graduation due to marriage, pregnancy, childbirth, or complications thereof from reenrolling in the regular general education program upon proper petition as provided in Code Section 20-2-150. (2) Except where prohibited by federal law, rules, or regulations, local units of administration shall be authorized to utilize personnel funded under this Code section to administer and coordinate community education programs and activities as well as to execute their assigned duties and responsibilities related to adult education. (3) The state board is authorized to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for adult education. The state board shall establish policies, regulations, and standards relating to implementation and operation of general education programs for adults. To be eligible for state and federal funds, all programs shall be operated in accordance with the state board policies, regulations, and standards. Any other Code section of this article notwithstanding, the state board shall annually request of the General Assembly funds for adult general education and is authorized to utilize such state and federal funds to contract with local units of administration and other public agencies to finance adult general education for eligible individuals. (e) (1) There is established a State Board of Postsecondary Vocational Education consisting of not less than ten members who shall be appointed by the Governor to staggered three-year terms. One member shall be appointed from each congressional district. Members shall represent business, industry, or economic development. The State Board of Postsecondary Vocational Education shall exercise state-level leadership, management, and operational control over postsecondary area vocationaltechnical schools, programs, and services provided in the state and shall provide for a comprehensive program of career, occupational, and vocational-technical education for adults and out-of-school youths. The purpose of this program shall be to promote the economic well-being of Georgia citizens by providing high quality postsecondary and adult vocational-technical education programs, services, and activities which are easily accessible by all segments of the adult population who need and can benefit from training, retraining, or upgrade training for employment; and to provide a system of schools which is a full partner in economic development and expansion of the state's economic base, and which represents a significant asset in the attraction of new business and industry to the state and the expansion of existing business and industry in the state. (2) Any other Code section of this article notwithstanding, the State Board of Postsecondary Vocational Education shall annually determine the amount of funds needed to provide postsecondary and adult vocational-technical education programs for business and industry and for adults and out-of-school youths and shall annually request the General Assembly to make such appropriations as are needed. The State Board of Education is designated as the 'sole state agency' to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for career, occupational, or vocational-technical education; however, those funds appropriated for the operation and management of postsecondary vocational-technical, adult, and industrial programs shall be placed under the jurisdiction and control of the State Board of Postsecondary Vocational Education; and, further, a proportionate share of those funds appropriated for planning, evaluation, program improvement, and other FRIDAY, FEBRUARY 22, 1985 1431 administrative and discretionary purposes shall be placed under the jurisdiction and control of such board. Those personnel positions authorized for the operation and management of the postsecondary area vocational-technical schools and adult centers, as well as a proportionate share of those positions authorized for planning, evaluation, program improvement, and other administrative and discretionary purposes, shall be transferred to the State Board of Postsecondary Vocational Education. (3) Any other Code section of this article notwithstanding, the State Board of Postsecondary Vocational Education is authorized to provide funds, appropriated by the General Assembly for this purpose, to local units of administration and to other state and local agencies to be used for career, occupational, and vocational education. (4) Any other Code section of this article notwithstanding and subject to appropriations by the General Assembly, the State Board of Postsecondary Vocational Education may adopt such salary and salary supplemental schedules deemed necessary to carry out paragraph (3) of this subsection and shall establish policies, regulations, and standards relating to and necessary for the implementation of this subsection. (5) Any other Code section or article notwithstanding, all decisions regarding the delivery of postsecondary and adult vocational-technical education programs and services to business, industry, and individuals who are 16 years of age or older and who have completed or left the public schools shall be made by the State Board of Postsecondary Vocational Education. Commensurate with this authority, the board shall exercise state-level management and operational control over the postsecondary area vocational-technical school system and adult vocational centers. (6) Nothing in this subsection shall abridge the authority of the board of regents to establish or operate colleges or the authority of local or independent city or area boards to operate schools. (7) The State Board of Postsecondary Vocational Education shall establish those policies, standards, operating procedures, and control measures necessary to provide a modern system of postsecondary vocational-technical schools which is highly responsive to the occupational education and training needs of business, industry, and students and which enhances the state's competitive position for economic development. (f) (1) The State Board of Education shall annually determine and request of the General Assembly the amount of funds needed for county and regional public libraries of the state. This request shall include, but not be limited to, funds to provide library books and materials, salaries and travel for professional librarians, capital outlay for public library construction, and maintenance and operation. The amount for library books and materials shall be not less than 35 0.35 percent of the gross receipts, as defined and allocated in this Code section, of said depository financial institutions. Municipalities and counties may provide that the minimum annual amount of such levy upon any depository financial institution shall be not more than $1,000.00." Section 4. Said article is further amended by striking subsection (a) of Code Section 48-6-95, relating to state occupation taxation of depository financial institutions, and inserting in its place a new subsection to read as follows: "(a) There is imposed a special state occupation tax on each depository financial institution located in this state. The rate of this tax shall be &26 0.35 percent of the gross receipts, as defined in subsection (b) of Code Section 48-6-93, of the depository financial institution. This tax shall be in addition to any and all other taxes to which such depository financial institution is subject." Section 5. Said article is further amended by striking paragraph (2) of Code Section 48-6-98, relating to legislative intent with respect to taxation of financial institutions, and inserting in its place a new paragraph to read as follows: "(2) Fer (A) Except as provided in subparagraph (B) of this paragraph, for a period of three four years from January 1, 1984, the aggregate gross receipts taxes payable by any savings and loan association under the provisions of this chapter shall not be in excess of an amount that would be raised by a current ad valorem tax imposed upon the net worth of said association. As used in this chapter, the term 'net worth' means all surplus, undivided profits, and reserves exclusive of any reserve required by any federal or state statute or regulation in force as of January 1, 1980, which statute or regulation was applicable to such federal or state-chartered association, and minus the fair market value of all real estate or equity therein owned by the association. (B) If a county or municipality has provided for the levy of a minimum annual business license tax of u to $1,000.00 as authorized by^ the last sentence of subsection (a) of Code Section 48-6-93, then each savings and loan association shall be subject to such minimum annual business license tax not to exceed $1,000.00. The payment of such minimum annual business license tax shall in no event be excused by the provisions of subparagraph (A) of this paragraph; and for purposes of subparagraph (A) of this paragraph any such minimum annual business license tax shall not constitute a part of the aggregate gross receipts taxes payable by a savings and loan association." MONDAY, FEBRUARY 25, 1985 1477 Section 6. Said article is further amended by adding a new Code Section 48-6-99 to read as follows: "48-6-99. Taxes owed the state or any local taxing jurisdiction under this article shall bear interest at the rate specified in Code Section 48-2-40. Any taxes not paid when due under this article to the state or a local taxing jurisdiction shall be subject to a civil penalty of 10 percent of the amount of the tax due." Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall apply with respect to state and local taxation of gross receipts generated during calendar year 1985. Section 8. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Adams.M Aiken Alford Y Alien N Anderson YArgo Athon Y Atkins YAuten Y Bailey Balkcom Y Bannister Y Bargeron Y Bamett,B Y Barnett.M NBeck Y Benefield YBenn N Birdsong Bishop Y Bolster Y Bostick N Branch NBray Brooks Y Brown.G Y Brown.J Buck Burruss Byrd Y Carter Y Chambless Chance Y Cheeks N Childers Y Childs Y Clark.B Clark.L N Colbert Coleman N Colwell Connell Cooper N Copelan Y Couch Cox Y Crawford Y Crosby Cummings Daugherty N Davis Dean Dixon Y Dobbs Y Dover NDunn Y Edwards Y Evans Felton Y Foster YGaler Y Godbee Y Goodwin Y Greene Greer Groover Y Hamilton Manner N Hasty YHaya Heard YHill Y Holcomb Holmes Y Hooks YHorne N Hudson Y Isakson N Jackson,J N Jackson.N Jamieson Johnson,D Y Johnson,F N Johnson,R Y Johnson.S Kilgore Y Kingston Y Lane,D N Lane,B Y Lawler N Lawrence N Lawson YLee,C Y Lee.W Y Under YLogan YLong YLord Lucas Y Lupton Maddox Y Mangum Martin.C Y Martin,J Matthews N McDonald N McKelvey Y McKinney Milam Milford Moody N Moore N Morton Y Mostiler Moultrie Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell NParham Y Parrish Y Patten Peters Y Pettit Y Phillips Pinkston N Porter Rainey Y Ramsey.T Ramsey.V YRandall Y Ransom Ray Y Reaves Y Redding Y Richardson Robinson,C Y Robinson,P YRoss Royal Y Russell Selman N Shepard Y Sherrod Y Sinkfield Sizemore Y Smith.L Smith.P N Smith,T Smyre Y Stancil Y Steinberg Y Thomas.C Thomas.M Thompson Y Townsend Y Triplett Twiggs Y Waddle N Waldrep Walker.C Walker,L N Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Wilson Y Wood Workman Yeargin Y Young Murphy.Spkr On the passage of the Bill, by substitute, the ayes were 91, nays 29. The Bill, having received the requisite constitutional majority, was passed, by substitute. Due to a possible conflict of interest, Representative Robinson of the 58th requested that he be excused from voting on the passage of HB 649, by substitute. Representatives Kilgore of the 42nd and Ramsey of the 155th 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. 1478 JOURNAL OF THE HOUSE, HR 171. By: Representatives Walker of the 115th, Groover of the 99th, and Murphy of the 18th: A RESOLUTION Creating a Commission on Governmental Liability so as to provide for its composition; to provide for the powers and duties of the commission; to provide for staff support for the commission; to provide for the expenditure of funds and the payment of expenses; to provide for the expiration of the commission; to repeal conflicting laws; and for other purposes. WHEREAS, traditionally, the state and, to a lesser extent, counties and municipalities have enjoyed immunity from liability under state law for governmental activities; and WHEREAS, a number of states have now eliminated complete immunity for torts committed by governmental entities and their agents and replaced such immunity with specific tort claims statutes affecting governmental entities; and WHEREAS, court decisions at both the state and federal level have had the effect of modifying governmental immunity in varying degrees; and WHEREAS, the absence of any clearly definable standards and limitations on potential liability has created severe difficulties for governments seeking to obtain liability insurance coverage for their operations; and WHEREAS, the continued viability of blanket governmental immunity may no longer be in the best interests of the general public; and WHEREAS, the complete removal of any immunity for governmental operations either by future court action or by legislative action would result in costs in excess of the benefit to the public; and WHEREAS, there has not been a comprehensive review of the status of governmental immunity and liability and availability of governmental liability insurance in the State of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. There is created a Commission on Governmental Liability, hereinafter referred to as the "commission." The commission shall consist of 15 persons. At least three members shall be members of the House of Representatives appointed by the Speaker, and at least three members shall be members of the Senate appointed by the Lieutenant Governor. One member shall be the Attorney General or his designee. The remaining members shall be appointed by the Governor from members of the general public, local government elected officials, and attorneys and other persons who by their experience and interest are knowledgeable about the subject of governmental immunity and liability. The commission shall make a report of its findings and recommendations for legislation, if any, to the Governor and to members of the General Assembly on or before December 1, 1985. Section 2. At the initial meeting of the commission, the commission shall elect a chairman. The commission may elect from its membership such other officers as it deems advisable. The commission may establish such quorum, attendance, and other rules as it deems advisable. Section 3. The members of the commission shall be entitled to the expense allowance and travel cost reimbursement allowed by Code Section 45-7-21 of the Official Code of Georgia Annotated for members of boards and commissions. Any commission member who is a state employee or a member of another state agency or board will not be compensated by the commission for travel or other expenditures for which a per diem or reimbursement is made by the other state agency or board. The legislative members of the MONDAY, FEBRUARY 25, 1985 1479 commission shall receive the compensation, per diem, expenses, and allowances authorized for legislative members of interim legislative committees. Section 4. The commission shall conduct or cause to be conducted research into all facets of the issues of governmental immunity, liability, and availability of liability insurance for governments. The commission shall utilize the research compiled and make recommendations for any legislative changes which the commission deems advisable, including, but not limited to, the recommendation that Georgia adopt a general governmental tort claim statute to establish the limits of liability of the state, counties, and municipalities; recommendations as to the advisability of the authorization of creation of self-funded liability insurance pools for local governments; and such other recommendations relating to governmental immunity, liability, and insurance therefor that the commission deems advisable. Section 5. Staff support for the commission shall be provided by the Institute of Government at the University of Georgia with assistance from other departments of the state as needed. The chairman, with the advice and consent of the commission, may employ such other full-time or part-time clerical, professional, legal, and other personnel as may be deemed necessary and may fix the compensation therefor. The chairman, with the advice and consent of the commission, is authorized to contract with consultant, research, and professional firms, institutions, or agencies for the preparation of studies and the gathering of such information as the commission may deem necessary. Section 6. The commission shall be attached for administrative purposes as an arm of the Legislative Services Committee, and the expenses of the commission shall be paid from funds appropriated to the Legislative Services Committee or from such other funds as may be appropriated by the General Assembly. Section 7. The commission shall stand repealed on January 1, 1986, and this resolution shall stand repealed on January 1, 1986. 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: Aaron YAdams,G YAdams,M Aiken YAlford Y Alien YAnderson YArgo Athon Y Atkins YAuten Y Bailey Balkcom Y Bannister Bargeron YBarnett,B YBarnett,M YBeck YBenefield Benn YBirdsong Bishop Y Bolster YBostick Y Branch Bray Brooks YBrown,G Y Brown,J Y Buck Burruss Byrd Y Carter YChambless Chance Y Cheeks YChilders YChilds YClark,B Clark,L Y Colbert Y Coleman Y Colwell Y Connell Cooper Y Copelan YCoGch Y Cox Y Crawford Y Crosby Cummings Daugherty YDavis Y Dean Dixon YDobbs Y Dover Dunn Y Edwards Evans Felton Y Foster Y Galer Y Godbee Y Goodwin Y Greene Greer Groover Y Hamilton Manner Y Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Y JacksonJ Jackson.N Y Jamieson Johnson,D Y Johnson.F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under Y Logan Y Long Y Lord Lucas Y Lupton Y Maddo* Y Mangum Y Martin.C Martin,J Y Matthews Y McDonald Y McKelvey McKinney Y Milam Y Milford Moody Y Moore N Morton Mostiler Y Moultrie Mueller Y 0hver.C Y Oliver D Y Padgett Y Pannell P" "?1 H"rl8h ^atten Y Peters ?.,!. Y Phillips Pmkston Y Porter Y Ramey YRamseyT Ramsey.V Y Randall Y Ransom Y Ray X S^ Y Redding Y Richardson Y Robmson.C Y Robmson,P Y Ross Y Royal ^j^f"11 Y Selman 1480 JOURNAL OF THE HOUSE, Y Shepard Y Sherrod Y Sinkfield Sizemore YSmith,L Y Smith,? Y Smith.T Y Smyre Y Stancil Y Steinberg Thomas.C Y Thomas,M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Walker.L Y Wall Ware Y Watson Y Watts Whit* Wilder Williams.B Y Williams,J Williams,R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy.Spkr On the adoption of the Resolution, the ayes were 131, nays 1. The Resolution, having received the requisite constitutional majority, was adopted. Representative Ramsey of the 155th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. The following Resolution of the House was read and adopted: HR 281. By: Representatives Holmes of the 28th, McKinney of the 35th, and Alien of the 127th: A RESOLUTION condemning the Iranian persecution of members of the Bahai religious faith; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 182. By: Representative Walker of the 85th: A BILL to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, so as to increase to five the number of judges for the Augusta Judicial Circuit; and for other purposes. The following amendment was read and lost: Representative McDonald of the 12th moves to amend HB 182 as follows: In Section 7, change "July 1, 1985" to "July 1, 1986". 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 NAdms,M YAiken YAlford Y Alien NAnderson NArgo NAthon N Atkins NAuten Bailey NBalkcom N Bannister NBargeron YBarnett,B NBarnett,M NBeck Benefield Benn YBirdsong Y Bishop Y Bolster Bostick N Branch Y Bray Y Brooks Y Brown.G N Brown,J Buck Burruss NByrd N Carter Chambless Chance Y Cheeks Y Childers Childa Y Clark.B Clark,L Colbert Y Coleman ColweU YConneU ,n ^Cooper v Copelan N Couch N Cox N Crawford N Crosby Y Cummmgs Y Daugherty N Davia Y Dean x,?,"^ N Dobbs N Dover N Dunn * Edwards Y Evans Fflton N Foster N Gjta, N Godbee N Goodwin N Greene Y r.ropr Y Groover u.Snn JS? Y Has\v v {Cs N Heard v ml N Ho comb Y HolmeT Holmes N HOTM N Hudson S hakZ " wka I Y JacksonN iSon jZson D N Johnson'F N John onF inhnon S N Sore N Kilgore Y Kingston Lane.D N Lane.R N Lawlel. Y Lawrence N Lawson N Lee.C Lee.W Y Linder N Logan ^ N ^'A v Lucas N Lupton Y Maddox N Mangum N Martin.C Y Martin,J N Matthews N McDonald N McKelvey Y McKinney MONDAY, FEBRUARY 25, 1985 1481 YMilam Milford N Moody N Moore Y Morion N Mostiler N Moultrie Mueller Y Oliver C Y01iver,D Y Padgett Y Pannell Parham N Parrish N Patten Y Peters Pettit N Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey V Y Randall Y Ransom Ray Reaves Y Redding Y Richardson Robinson.C N Robinson.P Ross N Royal Y Russell Y Selrnan Shepard N Sherrod Y Sinkfield N Sizemore Smith.L Y Smith.P N Smith.T Y Smyre N Stancil Y Steinberg Y Thomas.C Y Thomas.M N Thompson N Townsend Y Triplett Twigga Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall N Ware N Watson Watts White Wilder N Williams,B Y WilliamsJ N Williams,R N Wilson Y Wood Y Workman Yeargin Y Young Murphy.Spkr On the passage of the Bill, the ayes were 72, nays 71. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Walker of the 85th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 182. The Speaker Pro Tern assumed the Chair. HB 175. By: Representative Richardson of the 52nd: A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for a new Article 2, relating to termination of parental rights, and to make certain editorial changes connected therewith; and for other purposes. The following substitute, offered by Representative Richardson of the 52nd, was read and adopted: A BILL To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for a new Article 2, relating to termination of parental rights, and to make certain editorial changes connected therewith; to provide for court orders and the effects thereof; to provide conditions and procedures under which parental rights may be terminated; to provide for petitions and s'Smmons regarding termination of parental rights and the procedures connected therewith; to provide for rights of fathers of children born out of wedlock; to provide for sanctions for failure to be served or failure to obey summons; to provide for appointment of counsel and guardians ad litem and the expenses thereof; to provide for a standard of proof; to provide for physical or mental evaluations; to provide for confidentiality; to provide for hearings; to provide for custody of certain children following termination proceedings; to provide for certain conflicts; to repeal conflicting 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 designating that part of the existing Chapter 11, beginning with Code Section 15-11-1, as Article 1, and by striking "chapter," wherever it appears in that newly designated article, except where it appears in Code Section 15-11-1 and in the introductory phrase to Code Section 15-11-2, and inserting in its place "article." Section 2. Said chapter is further amended by striking from the newly designated Article 1 thereof subsection (a) of Code Section 15-11-41, relating to duration of orders of the juvenile court, which reads as follows: "(a) An order terminating parental rights is without limit as to duration.", 1482 JOURNAL OF THE HOUSE, and inserting in its place a new subsection (a) to read as follows: "(a) Reserved." Section 3. Said chapter is further amended by striking from newly designated Article 1 thereof Code Sections 15-11-51 through 15-11-54, which read as follows: "15-11-51. (a) The court by order may terminate the parental rights of a parent with respect to his child if: (1) The parent has abandoned the child; (2) The child is a deprived child and the court finds that the conditions and causes of the deprivation are likely to continue or will not be remedied and that by reason thereof the child is suffering or will probably suffer serious physical, mental, moral, or emotional harm; (3) The written consent of the parent acknowledged before the court has been given; provided, however, that acknowledgment before the court is not necessary where the parent or parents voluntarily surrender the child for adoption as provided by Code Sections 19-8-3, 19-8-4, 19-8-6, and 19-8-7; or (4) A decree has been entered by a court of competent jurisdiction of this or any other state ordering the parent, guardian, or other custodian to support the child and the parent, guardian, or other custodian has wantonly and willfully failed to comply with the order for a period of 12 months or longer. (b) If the court does not make an order of termination of parental rights it may grant an order under Code Section 15-11-34 if the court finds from clear and convincing evidence that the child is a deprived child. 15-11-52. (a) The petition shall comply with Code Section 15-11-25 and shall state clearly that an order for termination of parental rights is requested and that the effect thereof will be as stated in the first sentence of Code Section 15-11-53. (b) If the paternity of a child born out of wedlock has been established in a judicial proceeding to which the father was a party prior to the filing of the petition, the father shall be served with summons as provided by this chapter. Such father has the right to be heard unless he has relinquished all paternal rights with reference to the child. The putative father of the child whose paternity has not been so established, upon proof of his paternity of the child, may appear in the proceedings and be heard. In either event nothing in this Code section shall be construed to preclude the father's petitioning for custody of the child. At the time of the hearing, upon proof of paternity being shown to the court, the father shall be allowed to petition for custody of the child and the court shall grant same, if such is in the best interest of the child. If the identity and location of a putative father are known or can be ascertained by reasonable efforts, he shall be notified of the proceeding to terminate parental rights by registered or certified mail, return receipt requested, at his last known address. 15-11-53. An order terminating the parental rights of a parent terminates all his rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another nor has he any right to object to the adoption or otherwise to participate in the proceedings. 15-11-54. (a) If, upon the entering of an order terminating the parental rights of a parent, there is no parent having parental rights, the court shall commit the child to the custody of the Department of Human Resources or a licensed child-placing agency willing to accept custody for the purpose of placing the child for adoption or, in the absence of an adoption, in a foster home, or to take other suitable measures for the care and welfare of the child. (b) The custodian has authority to consent to the adoption of the child, his marriage, his enlistment in the armed forces of the United States, and surgical and other medical treatment for the child. (c) If the child is not adopted and a general guardian of the child has not been appointed, the child shall be returned to the court at least every two years after the date of the order during the continuation of foster care for entry of further orders for his MONDAY, FEBRUARY 25, 1985 1483 care, custody, and control. This subsection applies to all children who, on or after July 1, 1984, are in the permanent custody of the Department of Human Resources.", and inserting in their place new Code Sections 15-11-51 through 15-11-54 to read as follows: "15-11-51. Reserved. 15-11-52. Reserved. 15-11-53. Reserved. 15-11-54. Reserved." Section 4. Said chapter is further amended by adding at the end thereof a new Article 2 to read as follows: "ARTICLE 2 15-11-80. An order terminating the parental rights of a parent under this article is without limit as to duration and terminates all the parent's rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in the proceedings. 15-11-81. (a) In considering the termination of parental rights, the court shall first determine whether there is present clear and convincing evidence of parental misconduct or inability as provided in subsection (b) of this Code section. If there is clear and convincing evidence of such parental misconduct or inability, the court shall then consider the physical, mental, and emotional condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home, and determine whether termination of parental rights is in the best interest of the child. (b) The court by order may terminate the parental rights of a parent with respect to the parent's child if: (1) The written consent of the parent, acknowledged before the court, has been given; provided, however, that acknowledgment before the court is not necessary where the parent or parents voluntarily surrender the child for adoption as provided by Code Sections 19-8-3, 19-8-4, and 19-8-7; (2) A decree has been entered by a court of competent jurisdiction of this or any other state ordering the parent, guardian, or other custodian to support the child, and the parent, guardian, or other custodian has wantonly and willfully failed to comply with the order for a period of 12 months or longer; (3) The parent has abandoned the child or the child was left under circumstances that the identity of the parent is unknown and cannot be ascertained despite diligent searching, and the parent has not come forward to claim the child within three months following the finding of the child; or (4) (A) The court finds: (i) The child is a deprived child, in that the child is not receiving proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional health or morals; (ii) The lack of proper parental care or control is the cause of the child's status as deprived; (iii) Such cause of deprivation is likely to continue or will not likely be remedied; and (iv) The continued deprivation will cause or is likely to cause serious physical, mental, moral, or emotional harm to the child. (B) In determining whether the child is without proper parental care and control, the court shall consider, without being limited to, the following: (i) An emotional or mental condition or deficiency of the parent of such duration or nature as to render the parent unable to meet the physical, mental, or emotional needs of the child; (ii) Excessive use of or history of chronic unrehabilitated abuse of intoxicating liquors or narcotic or dangerous drugs or controlled substances with the effect of rendering the parent incapable of meeting the physical, mental, or emotional needs of the child; 1484 JOURNAL OF THE HOUSE, (iii) Conviction of the parent of a felony and imprisonment therefor which has a demonstrable negative effect on the quality of the parent-child relationship; (iv) Egregious conduct toward the child of a physically, emotionally, or sexually cruel or abusive nature; (v) Physical, mental, or emotional neglect of the child; and (vi) Injury or death of a sibling under circumstances which constitute substantial evidence that such injury or death resulted from parental neglect or abuse. (C) In addition to the considerations in subparagraph (B) of this paragraph, where the child is not in the custody of the parent who is the subject of the proceedings, in determining whether the child is without proper parental care and control the court shall consider, without being limited to, whether the parent without justifiable cause has failed significantly for a period of one year or longer prior to the filing of the petition for termination of parental rights: (i) To communicate or to make a bona fide attempt to communicate with the child; (ii) To provide for the care and support of the child as required by law or judicial decree; and (iii) To comply with a court ordered plan designed to reunite the child with the parent or parents. (c) If the court does not make an order of termination of parental rights, it may grant an order under Code Section 15-11-34 if the court finds from clear and convincing evidence that the child is a deprived child. 15-11-82. (a) The petition to terminate parental rights and all subsequent court documents in the proceeding shall be entitled 'In the matter of _______________, a child.', except upon appeal, in which event the anonymity of the child shall be preserved by appropriate use of initials. The petition shall be in writing. (b) The petition may be made by a juvenile court counselor or officer of that court, by an employee of any public or private licensed child-caring agency, or by any interested person. In the event that the petition is made by an interested person, the petition shall be endorsed by the court pursuant to Code Section 15-11-23. (c) A petition made by a juvenile court counselor or officer of that court or by an employee of a public or private licensed child-caring agency may be on information and belief of the petitioner. In all other cases the petition shall be made on the personal knowledge of the petitioner and shall be verified. (d) The petition shall state clearly that an order for termination of parental rights is requested and that the effect thereof will be as stated in Code Section 15-11-80, and shall set forth in ordinary and concise language the facts required by Code Section 15-11-25. 15-11-83. (a) Upon filing of the petition, summons shall be issued forthwith on the child's parents, guardian, lawful custodian, and person presently having physical custody of the child. (b) A copy of the petition shall be attached to the summons in all cases other than service by publication. When served by publication, the notice shall indicate the general nature of the allegations and where a copy of the petition may be obtained by the child's parents, guardian, lawful custodian, and person presently having physical custody of the child. All summons shall contain a statement to the effect that the hearing is for the purpose of terminating parental rights. (c) The summons shall require the person who has physical custody of the child to appear personally and to bring the child before the court at the time and place stated in the summons. Where, at the court's discretion, it is deemed in the interest of the child that the child need not be brought before the court, the court may so indicate. The summons shall be served at least 30 days before the time set for the hearing and a copy of the petition shall be served together with the summons and shall be made in the manner provided in Code Section 9-11-4, relating to service in civil practice. (d) If the paternity of a child born out of wedlock has been established in a judicial proceeding to which the father was a party prior to the filing of the petition, the father MONDAY, FEBRUARY 25, 1985 1485 shall be served with summons as provided by this article. Such father has the right to be heard unless he has relinquished all paternal rights with reference to the child. The putative father of the child whose paternity has not been so established, upon proof of his paternity of the child, may appear in the proceedings and be heard. If the identity of the putative father is unknown, the court may require the mother to execute an affidavit regarding the putative father as provided in Code Section 19-8-4 or show cause before the court if she refuses. If the identity and location of a putative father are known or can be ascertained by reasonable efforts, he shall be notified of the proceedings to terminate parental rights by registered or certified mail, return receipt requested, at his last known address. The court shall enter an order terminating the rights of the putative father if the court finds from the evidence that reasonable effort has been made to identify and locate him without success and if it finds that he has not lived with the child, nor contributed to the child's support, nor made any attempt to legitimate the child, and that he did not provide support for the mother, including medical care, either during her pregnancy or during her hospitalization for the birth of the child. If the court finds from the evidence that reasonable effort has not been made to identify and locate the putative father, it shall direct the Department of Human Resources or a licensed child-placing agency to expend such additional effort, as the court shall specify, in the identification and location of the putative father and to report the results of the additional efforts to the court and shall continue the hearing until the additional effort has been expended and the results reported. If the court finds from the evidence that the putative father either lived with the child, contributed to the child's support, attempted to legitimate the child, or provided support for the mother, including medical care, during her pregnancy or during her hospitalization for the birth of the child, then the court shall determine from the evidence whether such conduct by the putative father was sufficient to establish a familial bond between the putative father and the child. If the court finds that the conduct was sufficient to establish a familial bond, then the court shall enter an appropriate order designed to afford the putative father notice of the surrender, consent, or proceeding to terminate. The court shall not include the name of the mother in any public notice to the putative father if his name is known to the court. If the court finds that such conduct was not sufficient to establish a familial bond, then the court shall enter an order terminating the rights of the putative father. At the time of the hearing, upon proof of paternity being shown to the court, the father shall be allowed to petition for custody of the child and the court shall grant same, if such is in the best interest of the child. 15-11-84. (a) If any person named in and properly served with summons shall with- out reasonable cause fail to appear or, when directed in the summons, to bring the child before the court, then the court may issue a rule nisi against such person, directing the person to appear before the court to show cause why such person should not be held in contempt of court. (b) If the summons cannot be served or if the person to whom the summons is directed fails to obey it, the court may issue an order to take the child into protective custody. 15-11-85. (a) In any proceeding for terminating parental rights or any rehearing or appeal thereon, the court shall appoint an attorney to represent the child as his counsel and may appoint a separate guardian ad litem or a guardian ad litem who may be the same person as his counsel. (b) If the parent or parents of the child desire to be represented by counsel but are indigent, the court shall appoint an attorney for such parent or parents, which shall be a charge upon the funds of the county upon certification thereof by the court in the same manner as authorized for other expenses under Code Section 15-11-56. 15-11-86. In all proceedings under this article, the standard of proof to be adduced to terminate parental rights shall be by clear and convincing evidence. 15-11-87. The court may require a physical or mental evaluation of any parent, stepparent, guardian, or child involved in a proceeding under this article. 15-11-88. The record of the testimony of the parties adduced in any proceeding under this article shall not be admissible in any civil, criminal, or any other cause or proceed- ings in any court against a person named as respondent for any purpose whatsoever, 1486 JOURNAL OF THE HOUSE, except in subsequent deprivation or termination proceedings involving the same child or deprivation or termination proceedings involving the same respondent under this article. 15-11-89. The court shall conduct hearings, where appropriate, in accordance with Code Section 15-11-29. 15-11-90. (a) If, upon the entering of an order terminating the parental rights of a parent, there is no parent having parental rights, the court shall make any of the following dispositions: commit the child to the custody of the Department of Human Resources or a licensed child-placing agency willing to accept custody for the purpose of placing the child for adoption or, in the absence of an adoption, in a foster home, or to take other suitable measures for the care and welfare of the child. (b) The custodian has authority to consent to the adoption of the child, his marriage, his enlistment in the armed forces of the United States, and surgical and other medical treatment for the child. (c) If a petition seeking the adoption of the child is not filed within one year after the date of the disposition order, the court shall then, and at least yearly thereafter as long as the child remains unadopted, review the circumstances of the child to determine what efforts have been made to assure that the child will be adopted. The court may then enter such orders as it deems necessary to further the adoption, including but not limited to another placement. 15-11-91. In a proceeding under this article, the provisions of Article 1 of this chapter shall apply unless in conflict with this article." 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 Adams.M Aiken Alford Y Alien Anderson Y Argo Athon N Atkins Auten Y Bailey N Balkcom N Bannister Y Bargeron N Barnett.B N Barnett,M YBeck Benefield Benn Birdsong Y Bishop Bolster Bostick Y Branch Bray Y Brooks Y Brown.G Y Brown,J Buck N Burruss YByrd N Carter Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Clark.L Y Colbert Coleman Colwell Connell Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Cummings Daugherty N Davis YDean Dixon Dobbs Y Dover N Dunn Y Edwards Y Evans Felton Foster Y Galer Godbee Good win N Greene Y Greer Y Groover Y Hamilton Y Banner Hasty YHays Heard Hill Y Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Y Jackson,J Y Jackson.N Y Jamieson Johnson.D N Johnson,F Y Johnson,R Y Johnson,S Kilgore N Kingston Y Lane.D Lane.R N Lawler N Lawrence Y Lawson Lee.C Y Lee.W Y Linder Y Logan Long Lord Lucas Y Lupton Maddox Mangum Y Martin.C Y Martin,J Matthews Y McDonald Y McKelvey McKinney Y Milam Milford Y Moody Moore N Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Pannell Parham Y Parrish Y Patten Y Peters Pettit Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom Ray Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P YRoss Royal Y Russell Selman N Shepard Sherrod Y Sinkfield Y Sizemore Y Smith.L Smith.P Smith.T Smyre Y Stancil Y Steinberg Thomas.C Thomas,M Thompson Y Townsend Y Triplett Twiggs Waddle Y Waldrep Walker.C Y Walker.L Y Wall Y Ware Watson Watts White N Wilder Y Williams,B Y Williams,J Y Williams,R Wilson Y Wood Y Workman Y Yeargin Y Young Murphy.Spkr MONDAY, FEBRUARY 25, 1985 1487 On the passage of the Bill, by substitute, the ayes were 95, nays 17. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Goodwin of the 63rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Watts of the 41st gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 175, by substitute. HB 650. By: Representatives Reaves of the 147th, Long of the 142nd, Sherrod of the 143rd, Royal of the 144th, Godbee of the 110th, and Balkcom of the 140th: A BILL to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide additional provisions for the control and eradication of brucellosis in cattle; to provide for definitions; to prohibit any person from transporting or causing to be transported into the State of Georgia any cattle unless certain conditions are met; and for other purposes. The following amendments were read and adopted: The Committee on Agriculture and Consumer Affairs moves to amend HB 650 by striking from line 18 on page 4 the following: "five", and inserting in lieu thereof the following: "three". The Committee on Agriculture and Consumer Affairs moves to amend HB 650 by adding following the word "permits" on line 17 of page 1 the following: "; to provide for liability of certain persons who sell certain cows". By striking the quotation mark on line 25 of page 4 and inserting following line 25 of page 4 the following: "(h) Any person who knowingly sells any cow within this state which is infected with brucellosis or which such person knows or, through the use of reasonable inquiry, should know is from a quarantined herd or area and who sells such cow without disclosing such fact to the purchaser, prior to the consummation of the sale, shall be liable for all reasonable and foreseeable damages incurred by the purchaser as a proximate result of the purchaser mixing such cow with other cattle owned or under the control of the purchaser." The Committee on Agriculture and Consumer Affairs moves to amend HB 650 by adding on line 16 of page 3 following "$100.00" the following: "for each cow transported or moved in violation of subsection (b) or (c) of this Code section". By adding, following the word "misdemeanor", on line 22 of page 3 the following: "of a high and aggravated nature". 1488 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Aiken Y Alford Y Alien Y Anderson Y Argo Athon Y Atkins Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield Benn Y Birdsong Y Bishop Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G Y Brown,J Buck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Clark.L Y Colbert Coleman Y Colwell Connell Cooper Y Copelan Y Couch Y Cox Y Crawford Y Crosby Y Cummings Y Daugherty Y Davis Dean Dixon Y Dobbs Y Dover N Dunn Y Edwards Y Evans Y Felton Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Hasty YHays Y Heard Hill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Johnson.D Y Johnson.F Y Johnson.R Y Johnson,S Y Kilgore Y Kingston Y Lane,D Y Lane.R Lawler Y Lawrence Y Lawson Lee.C Y Lee.W Y Under Y Logan YLong Lord Lucas Y Lupton Maddox Y Mangum Y Martin.C Y Martin,J Matthews Y McDonald Y McKelvey McKinney Y Milam Milford Y Moody Moore Y Morton Y Mostiler Y Moultrie Y Mueller Oliver.C Y Oliver.D Padgett Y Pannell Par ham Y Parrish Y Patten Y Peters Pettit Y Phillips Y Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V Y Randall Y Ransom Ray Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Smyre Y Stancil Steinberg Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplett Y Twiggs Waddle Y Waldrep Walker.C Y Walker.L Y Wall Y Ware Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy.Spkr On the passage of the Bill, as amended, the ayes were 138, nays 1. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 695. By: Representatives Ware of the 77th, Wood of the 9th, Bargeron of the 108th, and Greer of the 39th: A BILL to amend Chapter 36 of Title 33 of the Official Code of Georgia Annotated, relating to the insurers insolvency pool, so as to provide for the supervision of the pool by the Insurance Commissioner; and for other purposes. The following amendments were read and adopted: The Committee on Insurance moves to amend HB 695 by striking line 26 of page 3 in its entirety and inserting in lieu thereof the following: "1970 and against whom a final order of liquidation with a". The Committee on Insurance moves to amend HB 695 by striking line 25 of page 2 in its entirety and inserting in lieu thereof the following: "adding new subparagraphs (G) and (H) to read as follows:". By striking the quotation marks at the end of line 14 of page 3 and by inserting between line 14 and line 15 of page 3 the following: MONDAY, FEBRUARY 25, 1985 1489 "(H) A covered claim shall not include any workers' compensation benefits payable under subsection (e) or (Q of Code Section 34-9-221 after the effective date of the court order of rehabilitation or liquidation.'" 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,M Aiken Y Alford Y Alien Y Anderson YArgo Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Clark.L Y Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Y Daugherty Y Davis Dean Dixon YDobbs Y Dover Dunn Y Edwards Evans Y Felton Foster YGaler Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Hasty YHays Y Heard Hill Y Holcomb Y Holmes Y Hooks Home Y Hudson YIsakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson ,D Y Johnson,F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston YLane.D Y Lane,R Lawler Y Lawrence Y Lawson YLee,C Y Lee.W Y Linder YLogan YLong YLord Y Lucas Y Lupton Y Maddoi Y Mangum Y Martin.C Y Martin,J Y Matthews McDonald Y McKelvey McKinney YMilam Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Pettit Y Phillips Y Pinkston Y Porter YRainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom Ray Y Reaves Redding Richardson Y Robinson.C Y Robinson,P YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfreld Y Sizemore Y Smith,L Y Smith,? Y Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Thomas.M Y Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall YWare Watson Y Watts White Y Wilder Y WiUiams,B Y Williams,J Y Williams,R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr On the passage of the Bill, as amended, the ayes were 149, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Colbert of the 23rd arose to a point of personal privilege and addressed the House. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 624. By: Representatives Kilgore of the 42nd and Crosby of the 150th: A BILL to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment and collection of income tax at the source, so as to authorize the state revenue commissioner to promulgate rules and regulations setting out circumstances under which employers shall be required to submit to the commissioner copies of income tax withholding exemption certificates received from their employees; and for other purposes. 1490 JOURNAL OF THE HOUSE, The following amendment was read and adopted: Representative Kilgore of the 42nd moves to amend HB 624 by striking the quotation mark on line 31 of page 2 and by adding immediately thereafter the following: "(c) Nothing in this Code section shall be construed to deny additional withholding allowances to an employee who can show that he will have large itemized deductions, deductible alimony payments, moving expenses, employee business expenses, retirement contributions, net losses, or tax credits.'" 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,M Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins YAuten Y Bailey Balkcom N Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield Benn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch Bray Y Brooks Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childere Y Childs Clark.B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch YCoi Y Crawford Y Crosby Y Cummings Y Daugherty YDavis Dean Dizon YDobbs Y Dover YDunn Y Edwards Evans Y Felton Y Foster YGaler YGodbee YGoodwin Y Greene Greer Y Groover Y Hamilton Hanner Y Hasty Hays Heard YHill Y Holcomb Holmes Y Hooks Home Y Hudson Y Isakson Y JacksonJ Y Jackson,N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson.R Y Johnson.S Y Kilgore Kingston Lane,D YLane,R Lawler Lawrence Lawson YLee.C YLee.W Linder YLogan YLong YLord Y Lucas Lupton Y Maddoi Y Mangum Y Martin.C Martin.J Y Matthews Y McDonald Y McKelvey Y McKinney YMilam Y Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell YParham Y Parrish N Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Ramsey.T Ramsey.V YRandall Y Ransom Ray Reaves Redding Y Richardson Y Robinson.C Y Robinson,? YRoss Y Royal Y Russell Y Selman N Shepard Y Sherrod Y Sinkfield Sizemore Y Smith.L Y Smith,P Y Smith.T Smyre Y Stancil Steinberg Thomas.C Thomas,M Y Thompson Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker,L YWall Ware Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson YWood Y Workman Y Yeargin Young Murphy,Spkr On the passage of the Bill, as amended, the ayes were 133, nays 3. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Greer of the 39th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The Speaker assumed the Chair. HB 615. By: Representative Lane of the 27th: A BILL to amend Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the Composite State Board of Medical Examiners, so as to urge physicians to distribute informational booklets on breast cancer to patients suspected of having breast cancer; and for other purposes. MONDAY, FEBRUARY 25, 1985 1491 The report 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 0. The Bill, having received the requisite constitutional majority, was passed. HB 590. By: Representative Murphy of the 18th: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from the sales and use tax, so as to provide that the sales and use tax shall not apply to certain items which will be used by carriers who are both common carriers and contract carriers; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 141, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 27. By: Representatives Buck of the 95th and Robinson of the 96th: A BILL to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings in criminal trials, so as to provide for the exclusion of persons from the courtroom when persons under 16 years of age are testifying in certain cases involving sex offenses; and for other purposes. The following Committee substitute was read: A BILL To amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings in criminal trials, so as to provide for the exclusion of persons from the courtroom when persons under 16 years of age are testifying in certain cases involving sex offenses; to provide exceptions; to provide for the broadcasting of testimony out of open court of victims of certain sex offenses who are under 14 years of age; to change the numbering of certain Code sections in Article 3; 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 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings in criminal trials, is amended by renumbering Code Sections 17-8-54 and 17-8-55 as Code Sections 17-8-56 and 17-8-57, respectively, and inserting new Code Sections 17-8-54 and 17-8-55 to read as follows: "17-8-54. In the trial of any criminal case, when any person under the age of 16 is testifying concerning any sex offense, the court shall clear the courtroom of all persons except parties to the cause and their immediate families or guardians, attorneys and their secretaries, officers of the court, jurors, newspaper reporters or broadcasters, and court reporters. 17-8-55. In all proceedings involving the criminal charges hereinafter specified, the state may apply for an order to broadcast out of open court the testimony of a child 14 years of age or younger who has been the victim of violations of subsection (b) of Code Section 16-5-70, Code Section 16-6-1, Code Section 16-6-2, or subsection (c) of Code Section 16-6-4. In all proceedings in which the court grants an order to broadcast testimony, the court shall clear the courtroom of all other persons except the judge, counsel for the parties, the defendant, and a parent, guardian, child psychologist, or other qualified person appointed by the court to represent the interests of the witness. 1492 JOURNAL OF THE HOUSE, The proceedings shall be broadcast to the jury in the jury room or other appropriate place in the courthouse. The court may grant an order to broadcast testimony as provided in this Code section only if it finds that: (1) The victim of the offense is a child 14 years of age or younger; (2) There is a substantial likelihood that such child will suffer severe emotional or mental distress if required to testify in open court; and (3) The rights of the defendant will not be unduly prejudiced thereby." 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 following amendment was read and adopted: Representative Robinson of the 96th moves to amend the Committee substitute to HB 27 as follows: On page 2, line 1, strike the word "broadcast" and substitute the word "televise". On page 2, line 9, insert the words "a bailiff," after the word "defendant,". On page 2, line 12, strike the word "broadcast" and substitute the words "televised live". On page 2, line 14, strike the word "broadcast" and substitute the word "televise". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M YAiken Y Alford Y Alien YAnderson Y Argo YAthon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister YBargeron YBarnett,B Y Bamett.M YBeck Y Benefield Y Benn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch Bray Y Brooks YBrown.G Y Brown,J Y Buck Y Burruss Y Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Clark.B Y Clark.L YColbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch Y Cox Y Crawford YCrosby Y Cummings Y Daugherty Y Davis Dean Dixon Y Dobbs Y Dover YDunn Y Edwards Y Evans Y Felton Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson.R Y Johnson,S Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Lawler Y Lawrence Y Lawson Lee.C Y Lee.W Y Under Y Logan Y Long Y Lord Y Lucas Y Lupton Y Maddoi Y Mangum Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morion Y Mostiler Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Ray Reaves Redding Y Richardson Robinson.C Y Robinson,P Y Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith.P Smith.T Y Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Y Thompson Townsend Y Triplett MONDAY, FEBRUARY 25, 1985 1493 YTwiggs Y Waddle YWaldrep Walker.C YWalker,L Y Wall Y Ware Y Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Y Young Murphy,Spkr On the passage of the Bill, by substitute, as amended, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 36. By: Representatives Lane of the 27th, Greer of the 39th, Adams of the 36th, Clark of the 55th, Redding of the 50th, and Couch of the 40th: A BILL to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to add two new members to the Board of Directors of the Authority; to provide for additional residency requirements; and for other purposes. Representative Lane of the 27th moved that the House insist on its position in disagreeing to the Senate substitute to HB 36 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 Greer of the 39th, Lane of the 27th, and Adams of the 36th. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 452. By: Representatives Coleman of the 118th, Home of the 103rd, and Jackson of the 9th: A BILL to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to change the delinquency charge; to remove the finance charge limitations on certain loans; to provide that a claim of violation on any loan or contract secured by an interest in a motor vehicle may be asserted in an individual action only and may not be the subject of a class action; and for other purposes. The following Senate substitute was read: A BILL To amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to change the delinquency charge; to remove the finance charge limitations on certain loans; to provide that a claim of violation on any loan or contract secured by an interest in a motor vehicle may be asserted in an individual action only and may not be the subject of a class action; to provide for exceptions; to amend Code Section 7-4-3 of the Official Code of Georgia Annotated, relating to the finance charge on retail installment contracts for manufactured homes and motor vehicles, so as to change the finance charge limitation on motor vehicles; 1494 JOURNAL OF THE HOUSE, 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 OP GEORGIA: Section 1. Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," is amended by striking subsection (g) of Code Section 10-1-32, relating to requirements for retail installment contracts, insurance, delinquency charges, attorneys' fees, costs, and receipts, in its entirety and substituting in lieu thereof a new subsection (g) to read as follows: "(g) The holder may, if the contract or refinancing agreement so provides, collect a delinquency charge on any installment which is not paid within ten days from the date the payment is due. Such charge may not exceed 5 percent of the installment or $6.00 $50.00, whichever is less. A delinquent charge shall not be collected more than once for the same default. In addition to the delinquency and collection charge, the contract may provide for the payment of reasonable attorneys' fees where the contract is referred for collection to an attorney not a salaried employee of the holder of the contract, plus the court costs." Section 2. Said article is further amended by relettering subsections (d) and (e) of Code Section 10-1-33, relating to finance charge limitations and assignment of contract, as subsections (e) and (f), respectively, and by adding a new subsection (d) to read as follows: "(d) Notwithstanding the provisions of subsection (a) of this Code section, a buyer and a seller may establish any finance charge agreed upon in writing by the parties where the amount financed is more than $5,000.00." Section 3. Said article is further amended by adding a new Code Section 10-1-36.1 immediately following Code Section 10-1-36, relating to the disposition of motor vehicles repossessed after default and the right to recover a deficiency, to read as follows: "10-1-36.1. (a) A claim of violation on any loan or contract secured by an interest in a motor vehicle may be asserted in an individual action only and may not be the subject of a class action under Code Section 9-11-23 or any other provisions of law. (b) Nothing contained in this Code section or in any previous amendment to the "Motor Vehicle Sales Finance Act" or to the general usury statutes shall affect the rights of any individual who has purchased a mobile or manufactured home which is governed by the "Motor Vehicle Sales Finance Act" from bringing a class action on behalf of himself and those similarly situated for violations of the "Motor Vehicle Sales Finance Act" as it existed at the time the contract was entered into and from recovering those statutory rights and damages set forth in Code Section 10-1-38." Section 4. Code Section 7-4-3 of the Official Code of Georgia Annotated, relating to the finance charge on retail installment contracts for manufactured homes and motor vehicles, is amended by striking paragraph (2) of subsection (a) in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: "(2) Any motor vehicle with a cash sate price ef- $25,000.00 where the amount financed is $5,000.00 or more". Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Coleman of the 118th moves to amend the Senate Substitute to HB 452 by striking lines 30 through 32 on page 2 and lines 1 through 8 on page 3 in their entirety and substituting in lieu thereof the following: "(b) Nothing contained in this Code section shall apply to class actions involving mobile homes or manufactured homes pending in any courts of this state, including any MONDAY, FEBRUARY 25, 1985 1495 United States courts, on February 22, 1985, as to the parties to and subject matter then before such courts.'" Representative Coleman of the 118th moved that the House agree to the Senate substitute, as amended by the House, to HB 452. On the motion, the ayes were 100, nays 0. The motion prevailed. Representative Heard of the 43rd 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 Senate amendment thereto: HB 592. By: Representatives Porter of the 119th, Parrish of the 109th, Birdsong of the 104th, Coleman of the 118th, and Lord of the 107th: A BILL to provide for the payment of supplements to the salaries of the judges of the superior courts of the Dublin Judicial Circuit by the counties comprising such circuit; and for other purposes. The following Senate amendment was read: Amend HB 592 by striking on Page 1, line 19, the word "shall" and inserting in lieu thereof the word "may". Representative Birdsong of the 104th moved that the House disagree to the Senate amendment to HB 592. The motion prevailed. The Speaker announced the House in recess until 1:45 o'clock, this afternoon. 1496 JOURNAL OF THE HOUSE, AFTERNOON SESSION The Speaker called the House to order. The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto: SB 82. By: Senators Barnes of the 33rd, Dean of the 31st, Trulock of the 10th, and others: 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 provide for a quality basic education in every school in Georgia; to provide for a statewide curriculum; to provide for instructional programs; to provide for grants to local units of administration for the operation of educational programs; to provide for essential instructional and support services resources; and for other purposes. Representative Ross of the 82nd moved that the House insist on its position in substituting SB 82. The motion prevailed. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 261. By: Representatives Childs of the 53rd, Murphy of the 18th, Couch of the 40th, and others: A RESOLUTION commending the Georgia participants in the Summer Games of the 1984 Olympics and inviting them to appear before the General Assembly; and for other purposes. The following Resolutions of the House were read and adopted: HR 283. By: Representative Adams of the 79th: A RESOLUTION commending Mr. Michael G. Burtz; and for other purposes. HR 284. By: Representative Yeargin of the 14th: A RESOLUTION commending lola Stone; and for other purposes. HR 285. By: Representative Adams of the 79th: A RESOLUTION commending Mr. Lance Greene; and for other purposes. HR 286. By: Representative Adams of the 79th: A RESOLUTION commending The Thomaston Times; and for other purposes. HR 287. By: Representatives Lawler of the 20th, Burruss of the 20th, Cooper of the 20th, and others: A RESOLUTION recognizing Luke Garrett Middle School; and for other purposes. HR 288. By: Representatives Aiken of the 21st, Johnson of the 21st, Atkins of the 21st, and others: A RESOLUTION recognizing and commending the Korean Association of the Greater Atlanta Area; and for other purposes. MONDAY, FEBRUARY 25, 1985 1497 HR 289. By: Representatives Mueller of the 126th, Hamilton of the 124th, Alien of the 127th, and others: A RESOLUTION commending Robert Adair Burnett; and for other purposes. HR 290. By: Representative Adams of the 79th: A RESOLUTION commending Radio Station WSFT; and for other purposes. HR 291. By: Representatives Buck of the 95th, Ross of the 82nd, Logan of the 67th, and Mangum of the 57th: A RESOLUTION encouraging all school districts to continue and expand implementation of programs for the teaching of cardiopulmonary resuscitation (CPR) as a part of their curriculum; and for other purposes. HR 292. By: Representative Long of the 142nd: A RESOLUTION urging the issuance by the United States Postal Service of a commemorative stamp in honor of Lieutenant Henry 0. Flipper; and for other purposes. HR 293. By: Representative Smith of the 152nd: A RESOLUTION relative to the proposed closing of the railroad serving the City of Alma and Bacon County, Georgia; and for other purposes. HR 294. By: Representatives Triplett of the 128th and Pannell of the 122nd: A RESOLUTION urging the United States Congress and Department of Transportation to take those steps which may be necessary to ensure Amtrak's continued operation; and for other purposes. HR 295. By: Representatives Kilgore of the 42nd and Watts of the 41st: A RESOLUTION calling for the Department of Medical Assistance to return to the pre-April, 1984, method of Georgia providers delivering care and materials in the eyeglass program; and for other purposes. The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon: SB 20. By: Senators Burton of the 5th, Dean of the 31st, Deal of the 49th, and Turner of the 8th: A BILL to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to revise and reorganize Chapter 3, relating to access to and use of public buildings by handicapped and elderly persons, so as to provide for legislative intent; to require certain buildings and facilities and components thereof to comply with certain standards; and for other purposes. Representative Hays of the 1st moved that the House adhere to its position in substituting SB 20 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 Hays of the 1st, Colwell of the 4th, and Athon of the 57th. 1498 JOURNAL OF THE HOUSE, Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: HR 200. By: Representative Ramsey of the 3rd: A RESOLUTION designating the Charlie Kendrick Memorial 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 ayes were 93, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 633. By: Representatives Thomas of the 69th, Lee of the 70th, and Johnson of the 72nd: A BILL to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, so as to provide that real estate appraisers shall have a special lien on real estate for which they have provided appraisal services; to provide that such lien shall be subject to provisions applicable to other such liens; and for other purposes. The following Committee substitute was read: A BILL To amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, so as to provide certain definitions; to provide that real estate appraisers shall have a special lien on real estate for which they have provided appraisal services; to provide that such lien shall be subject to provisions applicable to other such liens; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, is amended by inserting between paragraphs (5) and (6) of Code Section 44-14-360, relating to definitions affecting liens of mechanics and materialmen, a new paragraph, to be designated paragraph (5.1), to read as follows: "(5.1) 'Real estate appraiser' means any person who has an appraisal designation or is a designation candidate of the American Institute of Real Estate Appraisers or the Society of Real Estate Appraisers and makes an appraisal for an agreed upon fee in advance of rendering the appraisal service." Section 2. Said part is further amended by striking Code Section 44-14-361, relating to creation of liens, and inserting in its place a new Code section to read as follows: "44-14-361. (a) The following persons shall each have a special lien on the real estate, factories, railroads, or other property for which they furnish labor, services, or materials: (1) All mechanics of every sort who have taken no personal security for work done and material furnished in building, repairing, or improving any real estate of their employers; (2) All contractors, all subcontractors and all materialmen furnishing material to subcontractors, and all laborers furnishing labor to subcontractors, materialmen, and persons furnishing material for the improvement of real estate; (3) All registered architects furnishing plans, drawings, designs, or other architectural services on or with respect to any real estate; MONDAY, FEBRUARY 25, 1985 1499 (4) All registered land surveyors and registered professional engineers performing or furnishing services on or with respect to any real estate; (5) All contractors, all subcontractors and materialmen furnishing material to subcontractors, and all laborers furnishing labor for subcontractors for building factories, furnishing material for factories, or furnishing machinery for factories; (6) All machinists and manufacturers of machinery, including corporations engaged in such business, who may furnish or put up any mill or other machinery in any county or who may repair the same; and (7) All contractors to build railroads; i and (8) All real estate appraisers. (b) Each special lien specified in subsection (a) of this Code section may attach to the real estate for which the labor, services, or materials were furnished if they are furnished at instance of the owner, contractor, or some person acting for the owner or contractor." Section 3. Said part is further amended by striking subsection (a) of Code Section 44-14-361.1, relating to creation and enforcement of liens, and inserting in its place a new subsection (a) to read as follows: "(a) To make good the liens specified in paragraphs (1) through (7) of subsection (a) of Code Section 44-14-361, they must be created and declared in accordance with the following provisions, and on failure of any of them the lien shall not be effective or enforceable: (1) A substantial compliance by the party claiming the lien with his contract for building, repairing, or improving; for architectural services furnished; for registered land surveying or registered professional engineering services furnished or performed; for performance of a real estate appraisal; or for materials or machinery furnished or set up; (2) The filing for record of his claim of lien within three months after the completion of the work, the furnishing of the architectural services, the completion of a real estate appraisal, or the furnishing or performing of such surveying or engineering services or within three months after the material or machinery is furnished in the office of the clerk of the superior court of the county where the property is located, which claim shall be in substance as follows: 'A. B., a mechanic, contractor, subcontractor, materialman, machinist, manufacturer, registered architect, registered land surveyor, registered professional engineer, real estate appraiser, or other person (as the case may be) claims a lien in the amount of (specify the amount claimed) on the house, factory, mill, machinery, or railroad (as the case may be) and the premises or real estate on which it is erected or built, of C. D. (describing the houses, premises, real estate, or railroad), for satisfaction of a claim which became due on (specify the date the claim was due) for building, repairing, improving, or furnishing material (or whatever the claim may be).' (3) The commencement of an action for the recovery of the amount of his claim within 12 months from the time the same shall become due. In addition, at the time of filing such action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed. The notice shall contain a caption referring to the then owner of the property against which the lien was filed and referring to a deed or other recorded instrument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by his attorney of record. The notice shall identify the court wherein the action is brought; the style and number of the action, including the names of all parties thereto; the date of the filing of the action; and the book and page number of the records of the county wherein the subject lien is recorded in the same manner in which liens specified in Code Section 44-14-361 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name of the then purported 1500 JOURNAL OF THE HOUSE, owner as shown by the caption contained in such notice. A separate lis pendens notice need not be filed with the commencement of this action; and (4) In the event any contractor or subcontractor procuring material, architect's services, registered land surveyor's services, real estate appraisal services, or registered professional engineer's services, labor, or supplies for the building, repairing, or improving of any real estate, building, or other structure shall abscond or die or leave the state within 12 months from the date such services, labor, supplies, or material are furnished to him, so that personal jurisdiction cannot be obtained on the contractor or subcontractor in an action for the services, material, labor, or supplies, or if the contractor or subcontractor shall be adjudicated a bankrupt, or if, after the filing of an action, no final judgment can be obtained against him for the value of such material, services, labor, or supplies because of his death or adjudication in bankruptcy, then and in any of these events, the person or persons furnishing material, services, labor, and supplies shall be relieved of the necessity of filing an action or obtaining judgment against the contractor or subcontractor as a prerequisite to enforcing a lien against the property improved by the contractor or subcontractor. Subject to Code Section 44-14-361, the person or persons furnishing material, services, labor, and supplies may enforce the lien directly against the property so improved in an action against the owner thereof, if filed within 12 months from the time the lien becomes due, with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved and to impose no personal liability upon the owner of the property; provided, however, that in such action for recovery, the owner of the real estate improved, who has paid the agreed price or any part of same, may set up the payment in any action brought and prove by competent and relevant evidence that the payments were applied as provided by law, and no judgment shall be rendered against the property improved." Section 4. This Act shall become effective July 1, 1985, and shall apply to appraisals contracted for on or after that date. Section 5. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Thomas of the 69th and Johnson of the 21st move to amend the Committee substitute to HB 633 as follows: On line 19, page 1, strike paragraph "(5.1)" and insert a new paragraph to read as follows: "(5.1) 'Real Estate Appraiser' means any person who establishes a fee for an appraisal or contracts to establish a fee for an appraisal prior to the making of the appraisal." The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Aaron YAdams.G N Adams.M Aiken N Alford Alien N Anderson Y Argo N Athon Y Atkins N Auten Y Bailey N Balkcom N Bannister Y Bargeron Y Barnett,B N Barnett.M N Beck N Benefield N Benn N Birdsong Bishop Y Bolster Y Bostick N Branch Bray N Brooks N Brown.G Y Brown,J Y Buck Y Burruss N Byrd Y Carter Y Chambless Chance MONDAY, FEBRUARY 25, 1985 1501 Cheeks Y Childers Y Childs N Clark.B Y Clark,L Y Colbert Coleman Colwell Y Connell Y Cooper N Copelan Y Couch YCox N Crawford N Crosby Y Cummings Daugherty Y Davis YDean Y Dixon N Dobbs Y Dover NDunn Y Edwards Y Evans N Felton N Foster N Galer N Godbee N Goodwin N Greene Y Greer Y Groover Y Hamilton N Hanner N Hasty YHays Y Heard NHill Y Holcomb Y Holmes Y Hooks Y Home N Hudson Y Isakson Y Jackson,J N Jackson.N N Jamieson N Johnson.D Y Johnson,F Johnson,R Y Johnson,S Y Kilgore N Kingston Y Lane.D N Lane.R Y Lawler N Lawrence Y Lawson YLee.C YLee,W Linder N Logan YLong NLord Y Lucas N Lupton Y Maddox N Mangum NMartin.C N Martin.J N Matthews Y McDonald Y McKelvey McKinney YMilam N Milford Y Moody N Moore YMorton Y Mostiler N Moultrie N Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell NParham N Parrish Patten Peters Y Pettit Y Phillips Y Pinkston N Porter Y Rainey N Ramsey.T N Ramsey.V Randall Y Ransom NRay N Reaves Redding Y Richardson Y Robinson.C Y Robinson,? YRoss N Royal Y Russell YSelman N Shepard Y Sherrod N Sinkfield N Sizemore N Smith.L Y Smith,P N Smith.T Smyre N Stancil N Steinberg Y Thomas,C N Thomas,M Y Thompson N Townsend N Triplett N Twiggs Y Waddle N Waldrep Y Walker.C Y Walker,L N Wall Ware Y Watson Watts White Y Wilder N Williams.B N Williams,J Williams,!? Y Wilson Y Wood Workman Yeargin N Young Murphy,Spkr On the passage of the Bill, by substitute, as amended, the ayes were 83, nays 73. The Bill, by substitute, as amended, having failed to receive the requisite constitutional majority, was lost. Representative Linder of the 44th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. Due to a possible conflict of interest, Representative Yeargin of the 14th requested that he be excused from voting on the passage of HB 633, by substitute, as amended. Representative Thomas of the 69th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 633, by substitute, as amended. HB 487. By: Representatives Childers of the 15th, Chambless of the 133rd, Hooks of the 116th, Connell of the 87th, Richardson of the 52nd, and Parham of the 105th: A BILL to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to hospital care for indigent and elderly patients; to clarify state residency requirements for pregnant women seeking necessary emergency services and to provide for obligations of hospitals with regard to such services; and for other purposes. The following Committee substitute was read: A BILL To amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to hospital care for indigent and elderly patients, so as to change legislative purposes; to provide for definitions; to clarify state residency requirements for pregnant women seeking necessary emergency services and to provide for obligations of hospitals with regard to such services; to provide for standards of indigency; to provide for health care advisory officers and their powers and duties; to provide for hospital determinations and 1502 JOURNAL OF THE HOUSE, notifications concerning payment by certain programs and insurance of costs of care of pregnant women; to provide for determinations of indigency; to require counties to pay certain costs of care for their residents and provide for interest on unpaid bills; to provide for forms; to provide for obligations of pregnant women who receive services under this article; to provide liability for certain costs of care; to provide for notices and for failure to sign them; to provide for liability of fathers and certain other persons for costs of care; to provide for civil actions to recover certain costs of care and to challenge certain determinations; to provide for malpractice and civil liability; to provide for Department of Human Resources investigations, compliance orders, civil and other penalties, and license suspension or revocation; to provide for duties of the commissioner of that department; to provide for rules and regulations; to provide for other rights and remedies; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to hospital care for indigent and elderly patients, is amended by striking Article 2A, relating to hospital care for indigent pregnant women, and inserting in its place a new article to read as follows: "ARTICLE 2A 31-8-40. The General Assembly finds that Georgia's high rates of infant mortality and morbidity are costly to the state in terms of human suffering and of expenditures for long-term institutionalization, special education, and medical care. It is well documented that appropriate care during pregnancy and delivery can prevent many of the expensive, disabling problems our children experience. The State of Georgia is making progress in improving services and funding. However, the General Assembly is concerned that some women continue to be refused service for financial reasons at hospitals when they request admission after labor has begun. It is the purpose of this article to assure that: (1) ne No hospital denies available, appropriate emergency services to a woman who has not made prior arrangements for the payment of the delivery and who seeks hospital care for the safe delivery of her child; antl te assure that (2) counties Counties assume a share of the responsibility in meeting this critical need for their residents who receive such care when no other source of payment from public or private sources is available? j and (3) Women receiving such care and other persons specified in this article assume certain responsibilities with regard to payment for such care after it is rendered, but it is not the purpose of this article to establish a general health insurance program for all pregnant indigent women. 31-8-41. As used in this article, the term: (1) 'Cost of care' means the cost of services rendered by a hospital for care required to be provided thereby under this article, and for services rendered by a physician in connection therewith, at the lesser of the actual charges or the reimbursement rate currently in effect for the hospital and physician under the medical assistance program for the needy under Title XIX of the Social Security Act (42 U.S.C.A. Section 1396, et seq.), as amended, but shall not include any portion of such cost which is paid by the indigent patient, by the spouse or a relative of the indigent patient, by the father of the child, by insurance, or by any governmental or other public agency pursuant to any federal, state, or local program paying cost of health care for indigent patients, other than the program established by this article. The Medicaid reimbursement rate for services under this article shall not be adjusted for outlier payment. Payments actually received by a hospital or physician, when made by the patient, the patient's spouse, family member, father of the patient's child, or by insurance, the medical assistance program for the needy, any similar federal, state, or local program, or any other third-party payor other than a county, shall constitute payment to the hospital or physician, respectively, of the payment amount so received and exclude that amount from the definition of 'cost of care.' When a hospital renders MONDAY, FEBRUARY 25, 1985 1503 care to a woman who is not a resident of the county in which that hospital is located and that care is required to be provided under this article but there is within the county of residence of that woman a hospital which usually and customarily provides that care, 'cost of care' means the lesser of the actual charges for the care actually rendered or the Medicaid reimbursement rate currently in effect for such care, which Medicaid reimbursement rate shall be that Medicaid rate for such care in the hospital of the woman's county of residence, unless there is more than one such hospital, m which event the rate shall be the average Medicaid rate for such care in all hospitals of the woman's county of residence. (2) 'Hospital' means a hospital which is permitted to operate by the department pursuant to Article 1 of Chapter 7 of this title. (3) 'Indigency' means the inability of a patient or other person to pay the entire cost of care determined in accordance with subsection (a) of Code Section 31-8-43. \*j) ^4j indigent petLient ffltiGttt Q163HS & pfttient wno ts d resident of wiis stmc WflO nCtS DCCn CeFwiled ftS ftfi lHuiRt pUPStiflflc tO Oode oeCCtOfl CT.i O 4o prCSH&T1 L woman who receives services under this article. (5) 'Resident of the county' means a person who is domiciled in the county as determined pursuant to Chapter 2 of Title 19. 31-8-42. Any hospital which operates an emergency service shall be required to provide the appropriate, necessary emergency services to any pregnant woman who is a resident of this state and who presents herself in active labor to the hospital, if those services are usually and customarily provided in that facility, which services shall be provided within the scope of generally accepted practice based upon the information furnished the hospital by the pregnant woman, including such information as the pregnant woman reveals concerning her prenatal care, diet, allergies, previous births, general health information, and other such information as the pregnant woman may furnish the hospital. If, in the medical judgment of the physician responsible for the emergency service, the hospital must transfer the patient because the hospital is unable to provide appropriate treatment, the hospital where the patient has presented herself shall: (1) Within the capabilities of the hospital provide such emergency services as the circumstances require, which services shall be provided within the scope of generally accepted practice based upon the information furnished the hospital by the pregnant woman, including such information as the pregnant woman reveals concerning her prenatal care, diet, allergies, previous births, general health information, and other such information as the pregnant woman may furnish the hospital; (2) Contact an appropriate receiving hospital and notify such hospital that the patient is in transit; (3) Arrange suitable transportation for the patient if necessary; and (4) Send to the receiving hospital any available information on the patient's history and condition. The transfer shall not be authorized until the physician considers the patient sufficiently stabilized for transport. 31-8-43. (a) The commissioner of human resources shall adopt state-wide standards to determine indigency for the purposes of this articlej which standards shall be based upon and consistent with 125 percent of the federal poverty level as it exists upon the effective date of this subsection. Te the extent practicable, such standards shaH be uflscd on simiTftf 9tflndftFds Adopted tor *ne puppose of determmin^ ine flDiiity to psy of pfttients receiving services m stflte nospit&is fts ftutnorizcu oy stfltc iflw( AS now or nerefltter enetcted, ovcrnm rosponsi Dility TOP pflymcnt of COST of c&re ror neftrcn cftre services rendered by state hospitals. These standards shall further provide for legal liability, based upon ability to pay some reasonable percentage of cost of care, for patients and other persons legally liable for the patients' cost of care if those patients or other persons do not meet the indigency standards based upon less than 100 percent of the federal poverty level but do meet those standards based upon between 100 and 125 percent of the federal poverty level, as such level exists on the effective date of this subsection. (b) Within 30 days after receiving the standards provided by the commissioner pursuant to subsection (a) of this Code section, the governing authority of each county, by 1504 JOURNAL OF THE HOUSE, resolution, shall designate a person, to be known as the health care advisory officer of the county, to make a determination of indigency for the residents of the county in accordance with the standards promulgated pursuant to subsection (a) of this Code section. The health care advisory officer shall carry out such additional duties as may be assigned to him by the governing authority of the county. It shall be the duty of the governing authority of each county to mail a copy of such resolution to the chief administrative officer ef each hospital commissioner or the commissioner's designee within 15 days after its adoption. The governing authority of any county may change the person designated as the health care advisory officer, but any such change shall be accomplished by resolution of the governing authority, and a copy of the resolution making such change shall be mailed to the chief administrative effieet ef each hospital commissioner or the commissioner's designee within 15 days after its adoption. If a county fails or refuses either to designate a health care advisory officer or to provide to the commissioner or the commissioner's designee the required notification of the county's designation of such officer, the county governing authority shall be deemed to be such officer for purposes of this article. (c) When a patient receives health care from a hospital or physician, which care that hospital is required to provide the patient under Code Section 31-8-42, and when such patient claims inability te pay eest ef eare because ef indigency, the chief administrative officer of the hospital shall determine whether any portion of the cost of services may be paid by the medical assistance program for the needy under Title XIX of the Social Security Act, by insurance, or by any other governmental or public agency pursuant to any federal, state, or local program and provide written notification of such determination to the health care advisory officer of the county of residence of the patient. Such notification shall include a certification by the chief administrative officer of the hospital that an appropriate investigation has been made and that it has been determined that no portion of the cost of services may be paid by the medical assistance program for the needy under Title XIX of the Social Security Act, by insurance, or by any other governmental or public agency pursuant to any federal, state, or local program or a certification that an appropriate investigation has been made and that a portion of the cost of services may be paid from such sources. If it is determined that a portion of the cost of services may be paid from such sources, then the notification shall include a certification of the amount which may be so paid. Such notification shall also request a determination of indigency of the patient. As soon as practicable after receiving such notification but not later than 30 60 days thereafter, the health care advisory officer of the county shall notify the chief administrative officer of the hospital of his determination. If the health care advisory officer determines that the patient is indigent meets the indigency standards or if the health care advisory officer of a county fails to respond to a request for a determination of indigency from a hospital providing health care for such patient within the time limitation provided by this subsection, the county of residence of the patient shall be liable for the payment of cost of care of such patient in the each hospital ef hospitals rendering the emergency services. In such event, th each hospital; hospitals, and physicians physician providing the emergency health care for the patient may bill the county of residence of the patient for the amount of the patient's cost of care; and it; It shall be the duty of the governing authority of such county to pay the hospital and physician that billed amountr plus, if that billed amount is not paid by the county within 120 days after the mailing of a request for a determination of indigency, interest on the billed amount at the rate specified in Code Section 48-2-40 for unpaid taxes. (d) To the end that the certifications of indigency required by subsection (c) of this Code section may be expedited, it shall be the duty of each county health care advisory officer to establish and maintain files showing the names of county residents whom that officer has determined to be indigent. (e) It shall be the duty of the commissioner to devise such standard forms as may be necessary or desirable to administer this Code section uniformly. It shall be the duty of counties, health care advisory officers, and hospitals to use the forms promulgated by the commissioner pursuant to this subsection. MONDAY, FEBRUARY 25, 1985 1505 (f) To the extent practicable and consistent with appropriate health care, the commissioner and the health care advisory officer shall encourage the use of hospitals located in the county of residence of the pregnant woman. 31-8-43.1. (a) A patient who receives services under this article shall, by accepting such services, be deemed to have agreed to: (1) Be liable to any county which pays all or any part of that patient's cost of care for the entire amount so paid by that county, except that a patient who meets the " ased upon 100 to 125 percent of the federal poverty level shall be liable for an amount which is the greater of $100.00 or the reasonable percentage of costs for which the patient is liable under subsection (a) of Code Section 31-8-43 and a patient who meets the indigency standards based upon less than 100 percent of the federal poverty level shall be liable for $100.00 of those costs, but liability under this subsection shall never exceed the county's payments for cost of care; (2) Have made an assignment to that county paying any part of that patient's cost of care for any benefits for such care for which the patient is eligible from a third party up to the amount actually paid and cooperate with the county in obtaining any such benefits to repay the county; (3) Cooperate with any county paying any part of that patient's cost of care m identifying the father of a child delivered to the patient by a hospital acting in compliance with this article and in seeking to obtain from such father repayment of that portion of the county's payment which, under the indigency standards, that father is able to repay; and (4) Cooperate with any county paying any part of that patient's cost of care m applying and qualifying for the medical assistance program for the needy under Title XIX of the Social Security Act or any other federal, state, or local governmental pro- gram for which the patient may be eligible. (b) The failure of a patient to cooperate as required by paragraphs (2), (3), and (4) of subsection (a) of this Code section shall render the patient and any person liable for other expenses of the patient, including but not limited to the parents of a minor patient and the spouse of a patient, liable to the county for all payments which that county makes for the patient's cost of care. Failure of a patient to cooperate as required by paragraphs (2), (3), and (4) of subsection (a) of this Code section shall not be a valid ground to deny the patient services otherwise required to be provided under this article unless the patient at the time of admission refuses to sign a document, in such form as the commissioner shall prescribe and provide, acknowledging notification that the patient's receiving services shall constitute an agreement to the terms of paragraphs (1) through (4) of subsection (a) of this Code section unless waived by the county health care advisory officer. (c) Except as provided in subsection (b) of this Code section, the father of a patient's child who is delivered by a hospital as required by this article and any other person legally responsible for other expenses of the patient shall be liable to the county which pays the patient's cost of care to the same extent the patient is liable therefor under paragraph (1) of subsection (a) of this Code section. This obligation to make repayment shall be in addition to any other obligation imposed by law. (d) The county may bring a civil action to recover, from any person liable therefor under this Code section, those payments which the county has made for a patient's cost of care to the extent of the liability imposed by this Code section but in no event may recover more than the county paid for such costs of care. (e) A county or any person aggrieved by any determination under this article that such county or person is liable for a patient's cost of care may bring a de novo civil action in superior court challenging that determination. 31-8-44. No physician, nurse, or other such medical assistant, nor the hospital or any of its agents or employees shall be guilty of malpractice or civilly liable therefor for treatment rendered under this article unless the physician, nurse, or other medical assis- tant, or the hospital, its agent, or employee has been grossly negligent in the provision of such services or has willfully failed to comply with the provisions of this article. No action shall be brought in connection with treatment rendered under this article Code section without a specific allegation of gross negligence or willful failure to comply. 1506 JOURNAL OF THE HOUSE, 31-8-45. If a hospital fails or refuses to provide treatment or services pursuant to the provisions of Code Section 31-8-42, a person aggrieved by such failure or refusal shall have a cause of action against the hospital for damages and for such other relief as the court having jurisdiction of the action deems proper. No person shall be prohibited from maintaining such an action for failure to exhaust any rights to administrative relief. 31-8-46. (a) If the department receives notice that a violation by a hospital of Code Section 31-8-42 is in progress, the department shall immediately order an investigation to determine whether or not there has been a violation and upon finding that a violation has occurred shall immediately order the hospital to comply with that Code section. (b) If a hospital violates Code Section 31-8-42, the department shall assess a civil penalty of $500.00 for each such violation. Any such civil penalty shall be imposed by the department only after notice and hearing as provided in Article 1 of Chapter 5 of this title. Any person or facility subject to a civil penalty under this Code section is entitled to judicial review in accordance with Article 1 of Chapter 5 of this title. All civil penalties recovered by the department under this Code section shall be paid into the general fund of the state treasury. (c) Any hospital held to be in violation of Code Section 31-8-42 more than three times within any 12 month period shall be subject to suspension or revocation of license by the Department of Human Resources. (d) The Department of Human Resources is authorized and directed to promulgate appropriate rules and regulations for the enforcement of this article. (e) Nothing in this article shall be construed to preempt any other law or to deny to any individual any rights or remedies which are provided by or under any other law." Section 2. This Act shall become effective on July 1, 1985, and shall apply to health care services delivered on or after that date. Section 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representatives Hanner of the 131st, Porter of the 119th, and Bray of the 91st move to amend the committee substitute to HB 487 by striking from line 1 of page 5 the following: "Any", and inserting in its place the following: "Any (a) Except as provided in subsection (b) of this Code section, any". By inserting between lines 6 and 7 of page 6 the following: "(b) In the case of a woman who is a resident of a county within which there is located a hospital which usually and customarily provides the emergency services required under subsection (a) of this Code section, this Code section shall not apply to a hospital located outside the woman's county of residence unless: (1) That hospital within the woman's county of residence has failed or refused to provide her the emergency services required by this article; (2) That hospital has transferred the patient to a hospital outside the patient's county of residence as authorized by subsection (a) of this Code section; or (3) The onset of active labor begins outside the woman's county of residence." On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Aaron NAdaim,G YAdams.M N Aiken N Alford N Alien N Andersen Y Argo N Athon N Atkins Y Auten Y Bailey Y Balkcom Y Bannister Bargeron MONDAY, FEBRUARY 25, 1985 1507 Y Barnett.B Y Barnett.M YBeck Benefield NBenn N Birdsong Bishop N Bolster Bostick Y Branch YBray N Brooks N Brown.G N Brown,J NBuck Burruss YByrd Y Carter N Chambless Chance N Cheeks N Childers N Childs N Clark.B Y Clark.L N Colbert Y Coleman Y Colwell N Connell N Cooper Y Copelan N Couch YCox Y Crawford N Crosby Y Cummings N Daugherty Y Davis NDean N Dixon Y Dobbs Y Dover N Dunn Y Edwards N Evans N Felton Y Foster N Galer N Godbee Y Goodwin Y Greene Y Greer N Groover N Hamilton Y Manner Y Hasty YHays N Heard NHill Y Holcomb N Holmes N Hooks N Home Y Hudson NIsakson N Jackson,J Y Jackson.N Y Jamieson Y Johnson,D N Johnson.F Y Johnson,R N Johnson.S Y Kilgore Y Kingston Y Lane.D Y Lane.R N Lawler N Lawrence N Lawson N Lee.C N Lee,W N Linder N Logan YLong Lord Y Lucas N Lupton N Maddox N Mangum N Martin.C N Martin.J Y Matthews Y McDonald N McKelvey N McKinney Y Milam Milford N Moody Y Moore Y Morton N Mostiler Moultrie Y Mueller N Oliver.C Y Oliver.D N Padgett N Pannell N Parham N Parrish N Patten Y Peters N Pettit Y Phillips N Pinkston Y Porter Y Rainey Y Ramsey.T N Ramsey.V N Randall N Ransom YRay Y Reaves Redding N Richardson Robinson.C N Robinson.P YRoss Y Royal N Russell N Setman Y Shepard Y Sherrod On the adoption of the amendment, the ayes were 70, nays 95. The amendment was lost. N Sinkfield Y Sizemore Y Smith.L N Smith,P N Smith.T N Smyre Y Stancil N Steinberg N Thomas,C N Thomas.M N Thompson N Townsend Y Triplett Y Twiggs N Waddle Y Waldrep N Walker.C Walker,L N Wall N Ware Y Watson N Watts White N Wilder N Williams.B N Williams.J Y Williams.R Wilson N Wood N Workman Y Yeargin N Young Murphy.Spkr Due to a possible conflict of interest, Representative Walker of the 115th requested that he be excused from voting on the amendment to HB 487. The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Benefield YBenn Y Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G Y Brown.J YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark,L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Y Daugherty Y Davis YDean Y Dixon Y Dobbs Y Dover YDunn Y Edwards Y Evans Y Felton Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Hanner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson YIsakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson.R Y Johnson.S Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey Y McKinney Y Milam Milford Y Moody Y Moore Y Morton 1508 JOURNAL OF THE HOUSE, Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Porter Y Rainey Y Rarosey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,P YRoss Y Royal Y Russell Y Selroan Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T YSmyre Y Stancil Y Steinberg Y Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Walker,L Y Wall Y Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Y Young Murphy ,Spkr On the passage of the Bill, by substitute, the ayes were 173, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Due to a possible conflict of interest, Representative Walker of the 115th requested that he be excused from voting on the passage of HB 487, by substitute. By unanimous consent, HB 487, by substitute, was ordered immediately transmitted to the Senate. Representative Dean of the 29th 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 Bill of the House was again taken up for consideration. HB 59. By: Representative Bray of the 91st: A BILL to amend Code Section 18-4-97 of the Official Code of Georgia Annotated, relating to payment of expenses incurred by garnishees in garnishment proceedings, so as to change the amount which the garnishee is entitled to deduct from funds paid into court; and for other purposes. The following substitute, offered by Representative Bray of the 91st, was read: A BILL To amend Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, so as to provide that a summons of garnishment or a summons of continuing garnishment shall contain on its face the social security number of the defendant in garnishment; to change the amount which the garnishee is entitled to deduct from funds paid into court; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, is amended by adding at the end of Code Section 18-4-20, relating to property and persons subject to garnishment, a new subsection (h) to read as follows: "(h) The summons of garnishment, including a summons of continuing garnishment, shall on its face set forth, if known, the social security number of the defendant." Section 2. Said chapter is further amended by striking paragraph (2) of Code Section 18-4-66, relating to forms for postjudgment garnishment, and inserting in its place a new paragraph (2) to read as follows: MONDAY, FEBRUARY 25, 1985 1509 "(2) Summons of garnishment. IN THE _________ COURT OF _______ COUNTY STATE OF GEORGIA Plaintiff ) Civil action ) File no. __ _____________ Defendant ) Social security ) number______________ ) _____________ Garnishee ) ___________ Address ) SUMMONS OF GARNISHMENT To: ________________ Garnishee Amount claimed due by plaintiff (To be completed by plaintiff) $ ________ Plus court costs due on the summons (To be completed by the clerk) $ _________ YOU ARE HEREBY COMMANDED to hold immediately all property, money, wages, except what is exempt, belonging to the defendant, or debts owed to the defendant named above at the time of service of this summons and between the time of service of this summons and the time of making your answer. Not sooner than 30 days but not later than 45 days after you are served with this summons, you are commanded to file your answer in writing with the clerk of this court and serve a copy upon the plaintiff or his attorney named below. Money or other property subject to this summons should be delivered to the court with your answer. Should you fail to answer this summons, a judgment will be rendered against you for the amount the plaintiff claims due by the defendant. Witness the Honorable ______________, Judge of said Court. This __________ day of ___________, 19__. Plaintiffs attorney Clerk, Court of ____________ County Address Service perfected on garnishee, this day of ____________, 19_ Deputy marshal, sheriff, or constable" 1510 JOURNAL OF THE HOUSE, Section 3. Said chapter is further amended by striking subsection (a) of Code Section 18-4-97, relating to payment of expenses incurred by garnishees in garnishment proceedings, and inserting in its place a new subsection (a) to read as follows: "(a) The garnishee shall be entitled to his actual reasonable expenses, including attorney's fees, in making a true answer of garnishment. The amount so incurred shall be taxed in the bill of costs and shall be paid by the party upon whom the cost is cast, as costs are cast in other cases. The garnishee may deduct $16.00 $25.00 or 10 percent of the amount paid into court, whichever is greater, not to exceed $50.00, as reasonable attorney's fees or expenses." Section 4. Said chapter is further amended by striking paragraph (2) of Code Section 18-4-118, relating to forms for continuing garnishment, and inserting in its place a new paragraph (2) to read as follows: "(2) Summons of continuing garnishment. IN THE ___________ COURT OF ___________ COUNTY STATE OF GEORGIA Plaintiff ) Civil action ) File no. __ Defendant ) Social security ) number____________ ) Garnishee ) Address ) SUMMONS OF CONTINUING GARNISHMENT To: _____________ Garnishee Amount claimed due by plaintiff (To be completed by plaintiff) $___________ Plus court cost due on this summons (To be completed by clerk) $___________ YOU ARE HEREBY COMMANDED to hold immediately all property, money, wages, except what is exempt, belonging to the defendant, or debts owed to the defendant named above at the time of service of this summons and between the time of service of this summons to and including the one hundred seventy-ninth day thereafter. Not later than 45 days after you are served with this summons, you are commanded to file your answer in writing with the clerk of this court and serve a copy upon the plaintiff or his attorney named below. This answer shall state what property, money, and wages, except what is exempt, belonging to the defendant, or debts owed to the defendant, you hold or owe at the time of service of this summons and between the time of such service and the time of making your first answer. Thereafter, you are required to file further answers no later than 45 days after your last answer. Every further answer shall state what property, money, and wages, except what is exempt, belonging to the defendant or debts owed to the defendant, you hold or owe at and from the time of the last answer to the time of the current answer. The last answer MONDAY, FEBRUARY 25, 1985 1511 required by this summons shall be filed no later than the one hundred ninety-fifth day after you receive this summons. Money or other property admitted in an answer to be subject to continuing garnishment must be delivered to the court with your answers. Should you fail to file answers as required by this summons, a judgment will be rendered against you for the amount the plaintiff claims due by the defendant. Witness the Honorable ___________, Judge of said Court. This __________ day of ___________, 19__. Clerk, Court of ___________ County Plaintiffs attorney Address Service perfected on garnishee, this ___________ day of ________, 19_ Deputy marshal, sheriff, or constable". Section 5. This Act shall become effective July 1, 1985, and shall apply to proceedings commenced on or after that date. Section 6. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Isakson of the 21st moves to amend the floor substitute to HB 59 by adding on line 7 of page 1 after the word and symbol "court;" the following: "to amend Code Section 18-4-110 of the Official Code of Georgia Annotated, relating to continuing garnishments, generally, so as to provide for continuing garnishments where money judgments have been obtained in certain federal courts;". By redesignating Sections 4, 5, and 6 as Sections 5, 6, and 7, respectively. By adding between lines 30 and 31 of page 3 the following: "Section 4. Code Section 18-4-110 of the Official Code of Georgia Annotated, relating to continuing garnishments, generally, is amended by striking said Code section and inserting in lieu thereof a new Code Section 18-4-110 to read as follows: '18-4-110. In addition to garnishment proceedings otherwise available under this chapter, in cases where a money judgment shall have been obtained in a court of this state or a federal court sitting in this state, the plaintiff shall be entitled to the process of continuing garnishment against any garnishee who is an employer of the defendant against whom the judgment has been obtained. Unless otherwise specifically provided in this article, the methods, practices, and procedures for continuing garnishment shall be the same as for any other garnishment as provided in this chapter, including, but not limited to, those proceedings after answer as provided in Code Section 18-4-89.'" The floor 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. 1512 JOURNAL OF THE HOUSE, On the passage of the Bill, by substitute, as amended, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. 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 794. By: Representative Murphy of the 18th: A BILL to amend Code Section 20-3-412 of the Official Code of Georgia Annotated, relating to limitations on amounts and availability of tuition equalization grants at private colleges and universities, so as to remove the limitations on amounts of tuition equaliza- tion grants; and for other purposes. The following amendment was read: Representatives Crosby of the 150th and Moore of the 139th move to amend HB 794 as follows: By adding after the period on line 3, page 2, a new sentence to read as follows: "No grant shall be made to any student not enrolled as a full time student." On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,M Aiken Y Alford N Alien Y Anderson YArgo Y Athon Y Atkins N Auten Y Bailey Y Balkcom N Bannister Y Bargeron N Barnett,B Y Barnett,M N Beck Benefield YBenn Y Birdsong N Bishop N Bolster Bostick Y Branch Bray N Brooks N Brown.G N Brown,J YBuck Y Burruss NByrd Carter Chambless Chance N Cheeks Y Childers Childs N Clark,B Y Clark,L N Colbert N Coleman Y Colwell Y Connell Y Cooper Y Copelan N Couch YCox Y Crawford Y Crosby Cummings N Daugherty Davis YDean Y Dkon Y Dobbs Y Dover Y Dunn Y Edwards Y Evans N Felton Foster N Galer NGodbee N Goodwin Y Greene N Greer Y Groover Y Hamilton N Hanner Y Hasty NHays N Heard YHill Y Holcomb N Holmes Y Hooks N Home Y Hudson Y Isakson N Jackson,J Y Jackson,N Jamieson Y Johnson,D Y Johnson,F Y Johnson.R N Johnson.S Kilgore Y Kingston N Lane,D Y Lane.R Y Lawler Y Lawrence N Lawson YLee,C Y Lee.W Y Under YLogan Long Lord N Lucas N Lupton Y Maddox Y Mangum N Martin.C Y Martin,J Y Matthews N McDonald Y McKelvey N McKinney NMilam Milford Y Moody Y Moore Y Morton N Mostiler N Moultrie N Mueller Y Oliver.C N Oliver,D N Padgett Y Pannell YParham Y Parrish Patten N Peters Y Pettit N Phillips Y Pinkston N Porter N Rainey N Ramsey.T N Ramsey.V NRandall Y Ransom Ray N Reaves N Redding Y Richardson Robinson.C Y Robinson.P YRoss Y Royal N Russell On the adoption of the amendment, the ayes were 90, nays 60. The amendment was adopted. Y Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L Y Smith,P N Smith,T YSmyre Y Stancil Y Steinberg Y Thomas.C Thomas.M Thompson Y Townsend Y Triplett Twiggs Y Waddle N Waldrep N Walker.C Y Walker,L N Wall N Ware Watson Watts White Y Wilder Y Williams,B N Williams,J N Williams,R Wilson N Wood Y Workman Yeargin Young Murphy,Spkr MONDAY, FEBRUARY 25, 1985 1513 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.M Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins YAuten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Brooks Y Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark,L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCoi Y Crawford Y Crosby Y Cummings Y Daugherty Y Davis YDean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Evans Y Felton Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson.J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson.R Johnson ,S Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under YLogan YLong Lord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Y Milam Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves N Redding Y Richardson Robinson.C Y Robinson,P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L Y Smith.P Y Smith.T Y Smyre Y Stand! Y Steinberg Y Thomas.C Y Thomas.M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Wilson Y Wood Y Workman Y Yeargin Y Young Murphy.Spkr On the passage of the Bill, as amended, the ayes were 162, nays 1. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 314. By: Representative Johnson of the 72nd: A BILL to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide for editorial revision; to define certain terms; to delete the requirement of approval by the Secretary of State of appointments to the Georgia Real Estate Commission; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide for editorial revision; to define certain terms; to delete the requirement of approval by the Secretary of State of appointments to the Georgia Real Estate Commission; to provide conditions for removal of commission members; to change certain provisions regarding continuing education; to provide procedures for placing a license on inactive status and for reinstatement to active status; to provide for fees; to provide for reinstatement of commission approval of schools 1514 JOURNAL OF THE HOUSE, and instructors; to provide for penalty fees; to change provisions relative to the notification of the commission in the event a broker changes his or her place of business; to increase the amount of liability of the real estate education, research, and recovery fund for acts of a licensee; to limit the amount a claimant may recover from such fund; to authorize the issuance of subpoenas; to authorize the release of investigative records for review by other states' real estate commissions or agencies; to authorize the commission to publish in its newsletter the names of licensees or schools which have been subject to license revocation; to change the provisions relative to exceptions from the application of Chapter 40 of Title 43; to provide for a broker's responsibility for an individual employed by the broker to manage residential rental property; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking Code Section 43-40-1, relating to definitions, in its entirety and inserting in lieu thereof a new Code Section 43-40-1 to read as follows: "43-40-1. As used in this chapter, the term: (1) 'Associate broker' means a person who acts on behalf of a real estate broker in performing any act authorized by this chapter to be performed by the broker. (2) 'Broker' means any person who, for a fee, commission, or any other valuable consideration or with the intent or expectation of receiving the same from another, negotiates or attempts to negotiate, or assists in procuring prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate or of the improvements thereon, including persons holding themselves out as referral agents for the purpose of securing prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate, or collects rents or attempts to collect rents, or who advertises or holds himself out as engaged in any of the foregoing. 'Broker' also includes: (A) Any person employed by or on behalf of the owner or owners of lots or other parcels of real estate at a salary, fee, commission, or any other valuable consideration to sell such real estate or any part thereof in lots or parcels or other disposition thereof; (B) Any person who engages in the business of charging an advance fee or contracting for collecting of a fee, other than an advertising fee, in connection with any contract whereby he undertakes primarily to promote the sale of real estate either through its listing in a publication issued primarily for such purpose, or for referral of information concerning such real estate to brokers, or both; (C) Any person who, for another, auctions or offers or attempts or agrees to auction real estate; or (D) Any person who, for another, buys or offers to buy, sells or offers to sell, or otherwise deals in options to buy real estate. (3) 'Commission' means the Georgia Real Estate Commission. (4) 'Commissioner' means the real estate commissioner. (5) 'Licensee' means any person who is licensed as a real estate salesperson, associate broker, or broker. (6) 'Person' means individuals, corporations, and partnerships. (7) 'Purchaser' means a person who acquired or attempts to acquire or succeeds to an interest in land. (8) 'Real estate' means condominiums and leaseholds, as well as any other interest or estate in land, whether corporeal, incorporeal, freehold or nonfreehold and whether the real estate is situated in this state or elsewhere; and shall also include a mobile home when such mobile home is affixed to land. 'Mobile home,' as used in this paragraph, means any factory-built structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units and designed to be used as a dwelling unit or units. MONDAY, FEBRUARY 25, 1985 1515 (9) 'Salesman' or 'salesperson' 'Salesperson' means any person, other than an associate broker, who acts on behalf of a real estate broker in performing any act authorized by this chapter to be performed by the broker. (10) 'Subdivider' means any person who causes land to be subdivided into a subdivision for himself or others or who undertakes to develop a subdivision but it does not include a public agency or officer authorized by law to create subdivisions." Section 2. Said chapter is further amended by striking Code Section 43-40-2, relating to the creation and composition of the Georgia Real Estate Commission, in its entirety and inserting in lieu thereof a new Code Section 43-40-2 to read as follows: "43-40-2. (a) There is created the Georgia Real Estate Commission, which shall be composed of six members, each of whom shall be appointed by the Governor^ with the approval of the Secretary of State, and confirmed by the Senate for a term of five years. Any such appointments made when the Senate is not in session shall be effective until acted upon by the Senate. Five of the members shall be licensed real estate brokers or salesmen licensees who shall have been residents of this state and actively engaged in the real estate business for five years. The sixth member of the commission shall have no connection with the real estate industry whatsoever but shall have a recognized interest in consumer affairs and in consumer protection concerns. T-he members ef the commission serving as such en January ly 1078, shaH continue te serve for the remainder OT tnc terms or oiticc to wnicn tney were appointed, unc or tnc successors to tne two mcmocrs wnosc terms of ottice snail expire m January, iu t Jt snail DC appointed tor s oiticc o tour years, one of tnc successors to tne two members wnose terms of otticc snail expire tR uanuary, lUoU, snail be appointed tor a term of oiticc of live years and future successors te such members shall be appointed for terms ef office ef five years. (b) Members of the commission shall serve until their successors are appointed and qualified. Vacancies on the commission shall be filled by appointment of a successor for the unexpired term of office by the Governor; with the approval of the Secretary ef State. Four members shall constitute a quorum for the transaction of any business of the commission. The commission shall organize by selecting from its members a chairHH chairperson and may do all things necessary and convenient to carry this chapter into effect. The commission shall meet at least once a month, or as often as is necessary, and remain in session as long as the chairman chairperson thereof shall deem it necessary to give full consideration to the business before the commission. Members of the commission or others may be designated by the chairman chairperson of the commission, in a spirit of cooperation and coordination, to confer with similar commissions of other states, attend interstate meetings, and generally do such acts and things as may seem advisable to the commission in the advancement of the profession and the standards of the real estate business. (c) The Governor, after giving notice and an opportunity for a hearing, may remove from office any member of the commission for any of the following: (1) Inability to perform or neglecting to perform the duties required of members; (2) Incompetence; or (3) Dishonest conduct. {e} (d) The commission is authorized to pass rules and regulations, not inconsistent with this chapter, relating to the professional conduct of licensees and the administration of this chapter. {d) (e) Each member of the commission shall receive as compensation for each day actually spent on his official duties at scheduled meetings and time actually required in traveling to and from its meetings, not to exceed one day's traveling time, the sum of $25.00 and his actual and necessary expenses incurred in the performance of his official duties. {} (f) The commission, through its chairman chairperson, shall file a written report with the Governor and a copy thereof with both houses of the General Assembly on or before the second Tuesday in January of each year. The Governor may request a preliminary report prior to such an annual report. The report shall include a summary of 1516 JOURNAL OF THE HOUSE, all actions taken by the commission, a financial report of income and disbursements, staff personnel, and number of persons licensed by the commission. The report shall further delineate steps taken in education and research to disseminate information so that all licensees can be better informed in order to protect the public. The commission shall also outline a program of education and research for each ensuing year, for which a line appropriation shall be requested. {f> (g) The commission shall be a budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act'; provided, however, that the commission shall be assigned for administrative purposes only to the office of the Secretary of State and the joint-secretary." Section 3. Said chapter is further amended by striking subsections (d) through (h) of Code Section 43-40-8, relating to qualifications of licensees, in their entirety and by inserting in lieu thereof new subsections (d) through (g) to read as follows: "(d) Except those persons actively licensed on January 1^ 1980, Effective January 1; 1982, each applicant for renewal of a license must furnish to the commission evidence of having attended a continuing education course not to exceed six hours of in-class study in a course approved by the commission. This requirement of continuing education must be met for each renewal period. The commission shall not require the passing of an examination to meet this requirement. Excluded treat the requirements ef this subsection are those persona actively licensed as f January -t; 1080, ad those persons eii^iDie IOP ftctive iiccnsurc on uftRUflpy xy J.iwiu wiiose oroicepfl^fe tirwiS" licenses were renewed after January IT 1080, and before January ir, 1082, ander subsection (d> ef Gede Section 43-40-12. The in-class study course will be provided by all educational or duly authorized instructional organizations teaching real estate licensing courses. No licensee whose license has been placed on inactive status shall be allowed to reactivate unless the provisions of this subsection and subsection (g) of Code Section 43-40-12 are met. (e) Instructors in all of the approved courses must be approved by the commission and, where the commission deems necessary, receive any special instruction the commission may require. (f) Failure to complete any of the educational requirements as herein provided in this Code section shall be grounds for denial of a license or denial of renewal of a license without further hearing. No fees or portion of fees paid shall be refunded if a licensee fails to meet the continuing education provisions of this chapter. {g) Ne licensee whe has allowed his license te lapse; dye te nonpayment ef- feesj shaft oe snowed, to reIRStftMS IMS license tts provided ~oy subsection \d.j "* vjode bcct/ion 48-40-12 tmfess the educational provisions ef this chapter have feee met {h} (g) The commission may prepare and distribute to licensees under this chapter educational material deemed of assistance in the conduct of their business." Section 4. Said chapter is further amended by striking subsection (c) of Code Section 43-40-9, relating to conditions for granting a nonresident license, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: "(c) A nonresident salesperson's e* a nonresident associate broker's license may not be granted to an individual unless that individual is affiliated with a resident or nonresident broker. If a nonresident salesperson or a nonresident associate broker licensee terminates his the affiliation with a broker licensed by the commission, the license of such nonresident shall automatically be terminated unless such nonresident places the license on inactive status or affiliates with another broker licensed by the commission within 14 days. No license shall be issued to any member, officer, independent contractor, employee, or partner of a nonresident partnership or corporation until said partnership or corporation qualifies for a broker's license." Section 5. Said chapter is further amended by striking subsection (f) of Code Section 43-40-9, relating to the appointment of the commissioner as a nonresident licensee's agent, in its entirety and inserting in lieu thereof a new subsection (f) to read as follows: "(f) Prior to the issuance of a license to a nonresident broker, associate broker, er salesperson, the applicant shall file with the commission a designation in writing that MONDAY, FEBRUARY 25, 1985 1517 appoints the commissioner to act as the licensee's agent, upon whom all judicial and other process or legal notices directed to such licensee may be served. Service upon the commissioner shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee which is served upon the commissioner shall be of the same legal force and validity as if served upon the licensee and that the authority shall continue in force so long as any liability remains outstanding in this state. Upon the receipt of any such process or notice, the commissioner shall immediately mail a copy of the same by certified mail to the last known business address of the licensee." Section 6. Said chapter is further amended by striking subsection (a) of Code Section 43-40-10, relating to the granting of licenses to corporations or partnerships, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) No broker's license shall be granted to a corporation or partnership unless said corporation or partnership designates a qualifying broker who shall be responsible for assuring that the corporation or partnership and its affiliated licensees comply with the provisions of this chapter and its attendant rules and regulations. Violations of this chapter or rules and regulations by a corporation or partnership licensed as a broker shall subject the license of the qualifying broker to sanction as authorized by this chapter. No broker's license shall be granted to a corporation or partnership unless every person who acts as a salesperson licensee for such corporation or partnership shall hold a real estate license as an associate broker er salesperson." Section 7. Said chapter is further amended by striking Code Section 43-40-11, relating to the form of licenses and display of licenses by the broker, in its entirety and inserting in lieu thereof a new Code Section 43-40-11 to read as follows: "43-40-11. The commission shall prescribe the form of the license. Each license shall have placed thereon the seal of the commission. The license of each real estate salesperson and associate broker affiliated licensee shall be delivered or mailed to the real estate broker for whom the real estate salesperson or associate broker licensee is acting as stt associate broker or salesperson and shall be kept in the custody and control of such broker. It shall be the duty of each broker to display Ms the broker's own license conspicuously and those of his associate brokers tatd salespersons the affiliated licensees in his such broker's place of business. The commission shall prepare and deliver a pocket card certifying that the person whose name appears thereon is a licensed real cswitc DroKcp of ft licensed FCfti cstfltc ft9socifttc oroKcr or sflicspcFsoii, ft& trie cflsc Kisy be licensee." Section 8. Said chapter is further amended by striking in their entirety subsections (d) through (k) of Code Section 43-40-12, relating to license fees, and by inserting in lieu thereof new subsections (d) through (k) and adding at the end of said Code section new subsections (1) and (m) to read as follows: "(d) The biennial license renewal fees according to this chapter shall be due and payable as follows: application and fees for real estate broker, associate broker, tatA salesperson licensees shall be filed on or before September 1 prior to the expiration of said license at midnight on December 31 of the licensing biennial period. A license fee for renewal may be filed after September 1 by paying a late renewal fee on or before December 31 of the biennial licensing period. All fees shall be deposited into the state treasury for the expenses of the commission. This Code section shall not obviate any other fees or conditions required to maintain such license in accordance with this chapter. A license not renewed in accordance with this subsection shall be viewed as lapsed. (e) Applications and fees must be filed personally in the commission's offices during regular business hours or may be mailed to the commission's offices in a letter postmarked by the United States Postal Service. (f) Any licensee who fette whose license lapses for failure to pay a renewal fee and allows his active license te lapse may reactivate bis that license within two years of the 1518 JOURNAL OF THE HOUSE, date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when his the license was lapsed plus a reactivation fee. Any If any licensee who has passed an examination administered by or approved by the commission; and whe has allowed his active allows a license to lapse for a period longer than two years due solely to a failure to pay a renewal fee2 the licensee may reinstate that license by paying the total amount of all renewal fees and late charges which would have been due during the period when his the license was lapsed plus a reactivation fee and by successfully completing any resident educational course or courses which the commission may require. Any licensee whose license has lapsed for longer than two years and who reactivates it under the terms of this paragraph shall thereafter be subject to the continuing education requirements of subsection (d) of Code Section 43-40-8. %) Any licensee whe seeks te reactivate a license which has been placed en 'inactive st-8.iU9 ts provided HI ttiis oode section iw&y do so oy psyin^ tees fts estfloiisned m SUD~ (h) (g) Any real estate licensee broker who is temporarily unemployed does not wish to be actively engaged in the brokerage business or; in the ease ef a salesperson er associate broker, any licensee who is temporarily not actively engaged on behalf of a broker may continue his a license by making application therefor immediately upon ceasing work and by submitting a fee; together with a written request within 14 days of ceasing work that his the license be placed on inactive status. !Fhe f-ee shall cover aH fees de the commission fet any peried ef time en inactive status. Any licensee whose license has been placed on an 'inactive status' may not engage in the real estate brokerage business except in connection with property he owns owned by the licensee. To reinstate a license held on inactive status, a salesperson er associate brefcer a licensee other than a broker must secure the signature of the broker for whom he the licensee wishes to act; and a broker must make application to the commission prior to resuming brokerage activity. Any licensee who seeks to activate a license which has been on inactive status for a period of two years or longer shall be required to attend one commission approved six-hour course of study prior to activating an inactive license. The course of study shall be one of the six-hour, nonexamination, continuing education courses authorized in subsection {f>(dl of Code Section 43-40-8. (h) Any licensee who places a license on inactive status after June 30, 1985, shall be required to pay the biennial license renewal fee provided for in subsection (d) of this Code section. Whenever any licensee on inactive status fails to pay the required biennial renewal fees, the licensee's license shall be lapsed. Licensees whose licenses were placed on inactive status prior to July lj 1985, shall remain subject to the conditions for reactivating their licenses which were in effect at the time they placed their licenses on inactive status. However, any license placed on inactive status prior to July L. 1985, which has been or will be on inactive status for a period of five years or longer shall be lapsed, provided that, if such licensee seeks reinstatement within ten years of placing a license on inactive status, the licensee shall be allowed to reinstate the license under the terms the law permitted at the time the license was placed on inactive status. If a licensee on inactive status changes address, the licensee shall notify the commission of the new address, in writing, within 14 days. (i) Any check which is presented to the commission as payment for any fee which the commission is permitted to charge under this chapter and which is returned unpaid may be cause for denial of license or for imposing any sanction permitted under Code Section 43-40-25. (j) Any licensed broker or associate broker who wishes to be licensed as a salesperson may do so by surrendering his that broker's license and applying for a license as a salesperson. No examination shall be required of a licensed broker or associate broker who surrenders his broker's er associate broker's that license and applies for a salesperson's license. In the event that such person later wishes to be relicensed as a broker, no additional broker's examination shall be required. When an individual a licensee changes his status as contemplated in this subsection, he the licensee shall be required to pay the same fee as an original applicant. MONDAY, FEBRUARY 25, 1985 1519 (k) Should a license be suspended or revoked, as provided for by this chapter, said suspension or revocation shall prevent the licensee from making either application set out in subsection (j) of this Code section. (1) Any school approved to offer required education courses under this chapter and instructors approved to teach those courses shall pay the same original application fee and biennial renewal fee established by the commission for broker applicants and licensees. If such approvals lapse, the school or instructor may reinstate the approval by paying the total amount of all renewal fees and late charges which would have been due during the period the approval was lapsed plus a reactivation fee and by successfully completing any educational course or courses which the commission may require. (m) A reasonable fee, not to exceed the biennial renewal fee charged broker licensees, may be imposed by the commission on a licensee who: (1) Fails to notify the commission in writing within 14 days of a change of address, of the opening or closing of a designated trust account, of transferring to a new company, or of leaving a firm to go on inactive status; (2) Fails to affiliate with a new company or to apply to go on inactive status within 14 days of the commission's receipt of notice that the broker holding the licensee's license no longer wishes to do so and has mailed a letter to the licensee's last known address indicating that the broker is returning the license to the commission; and (3) Fails to respond within 14 days to a written inquiry from the commission requesting further information on any application the licensee has filed with the commission." Section 9. Said chapter is further amended by striking Code Section 43-40-19, relating to notification to the commission when a broker changes the place of business, in its entirety and inserting in lieu thereof a new Code Section 43-40-19 to read as follows: "43-40-19. (a) Should a broker change his the address of the broker's place of business, he the broker shall notify the commission, in writing, within ten days of such change. (b) When salesperson er associate broker an affiliated licensee leaves a broker for whom h such licensee is acting, the broker shall immediately cause the license of that licensee to be forwarded either to the commission or to the new broker for whom the licensee will act. If the wall certificate of licensure is forwarded to the new broker for whom the licensee will act, the broker releasing the licensee shall notify the commission in writing that he has taken of that action. The releasing broker shall furnish such other information regarding the termination of said licensee as the commission may require. \c/ WnCR d sflicspoFSon or flssociftt& DFOKGP tFflnsrcFS iPoitt owe DFOKCP to fljtioificr or to tile commission. {d} (c) A licensee transferring to a new broker may continue to act as a licensee for the former broker with regard to transactions begun prior to the transfer, provided: (1) Both brokers agree in writing to the licensee's actions on behalf of the former broker; (2) The transactions on which the licensee will act on behalf of the former broker are enumerated in the written agreement between the brokers; (3) The former broker agrees in writing to assume full responsibility for the licensee's activities in the enumerated transactions; and (4) The written agreement expresses the terms under which the licensee shall be compensated by the former broker. {e} (d) A salesperson shall not act as a licensee for any broker other than the broker holding the salesperson's license except as provided in subsection {d} (c) of this Code section." Section 10. Said chapter is further amended by striking subsections (a), (e), and (f) of Code Section 43-40-20, relating to the requirement of a trust or escrow checking account for real estate business, in its entirety and inserting in lieu thereof new subsections (a), (e), and (f) to read as follows: 1520 JOURNAL OF THE HOUSE, "(a) Each broker shall maintain a separate bank checking account in this state which shall be designated a trust or escrow account wherein all down payments, earnest money deposits, or other trust funds received by the broker; his associate brokers, er his salespersons, or the broker's affiliated licensees, on behalf of his a principal or any other person, shall be deposited. An account so designated and registered with the commission shall not be subject to attachment or garnishment." "(e) A broker shall not be entitled to any part of the earnest money or other money paid to him the broker in connection with any real estate transaction as part or all of his the broker's commission or fee until the transaction has been consummated or terminated." "(f) Any licensed real estate broker er salesman licensee, acting in the capacity of principal in the sale of interests in real estate owned by him such licensee, shall deposit in a trust account in a state bank or trust company or any foreign bank which authorizes the Commission commission to examine its records of such deposits those parts of all payments received on contracts which are necessary to meet any amounts concurrently due and payable on any existing mortgages, contracts for deed or other conveyancing instruments, reserves for taxes and insurance, or any other encumbrance on such receipts. Such deposits shall be maintained until disbursement is made under the terms of the encumbrance pertaining thereto and proper accounting on such property is made to the parties entitled thereto." Section 11. Said chapter is further amended by striking subsections (b) and (c) of Code Section 43-40-22, relating to the real estate education, research, and recovery fund, in its entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows: "(b) The commission shall maintain a minimum balance of $500,000.00 in the real estate education, research, and recovery fund from which any person, except bonding companies when they are not principals in a real estate transaction, aggrieved by an act, representation, transaction, or conduct of a dly licensed broker, associate broker, er salesperson licensee which is in violation of this chapter or of the rules and regulations of the commission promulgated pursuant thereto, may recover, by order of any court having competent jurisdiction, actual or compensatory damages, not including interests and costs sustained by the act, representation, transaction, or conduct, provided that nothing shall be construed to obligate the fund for more than $10,000.00 per transaction regardless of the number of persons aggrieved or parcels of real estate involved in such transaction. In addition: (1) The liability of the fund for the acts of a tly licensed broker, associate broker, er salesperson, licensee, when acting as such, is terminated upon the issuance of court orders authorizing payments from the fund for judgments, or any unsatisfied portion of judgments, in an aggregate amount of $20,000.00 $40,000.00 on behalf of such licensee; and (2) A licensee acting as a principal or agent in a real estate transaction has no claim against the fundt; and (3) No person who establishes a proper claim or claims under this Code section shall ever obtain more than $10,000.00 from the fund. (c) When any person makes application for an original license to practice as a real estate broker er associate broker licensee, h that person shall pay, in addition to his the original license fee, a fee in an amount established by the commission for deposit in the education, research, and recovery fund. When any person makes application for &n origin&i license TO practice fts & sftiesperson, ne snsii p&y, m flddition to riis origin.si license tee, d lee tft &R Amount estsolisned by the commission tor deposit 'in trie edii" cstiorij reseflFcn, snd recovery Kind1.'1 in trie event cnflt trie commtssion does not issue ft license, tnis fee snfl.li oe returned to tne spp11csnt. Section 12. Said chapter is further amended by striking paragraph (2) of subsection (d) of Code Section 43-40-22, relating to payment out of the real estate education, research, and recovery fund of judgments, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: MONDAY, FEBRUARY 25, 1985 1521 "(2) When any aggrieved person recovers a valid judgment in any court of competent jurisdiction against any liccnacd broker, associate broker, or salesperson licensee for any act, representation, transaction, or conduct which is in violation of this chapter, or of the regulations promulgated pursuant thereto, which act occurred on or after July 1, 1973, the aggrieved person may, upon termination of all proceedings, including reviews and appeals in connection with the judgment, file a verified claim in the court in which the judgment was entered and, upon ten days' written notice to the commission, may apply to the court for an order directing payment out of the real estate education, research, and recovery fund of the amount unpaid upon the judgment, subject to the limitations stated in this Code section." Section 13. Said chapter is further amended by striking paragraph (6) of subsection (d) of Code Section 43-40-22, relating to revocation of certain licenses, in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows: "(6) Should the commission pay from the real estate education, research, and recovery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensed broker, associate broker, or salesperson licensee, the license of such broker, associate broker, or salesperson licensee shall be automatically revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. If such license is that of a corporation or partnership, the license of the qualifying broker of the corporation or partnership shall automatically be revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. No such broker, associate broker, or salesperson licensee shall be eligible to receive a new license until he has repaid in full, plus interest at the rate of 6 percent a year, the amount paid from the real estate education, research, and recovery fund on his such licensee's account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this subsection." Section 14. Said chapter is further amended by striking subsections (b) and (c) of Code Section 43-40-24, relating to requisites for maintenance of an action, in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows: "(b) No broker shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this chapter without alleging and proving that any associate broker er salesperson person acting in the broker's behalf was duly licensed at the time the alleged cause of action arose. (c) No broker shall bring or maintain any action against another broker nor shall any associate broker or salesperson affiliated licensee bring or maintain any action against the broker holding his or her license for the collection of compensation under this chapter without alleging and proving that he or she was a licensee at the time the alleged cause of action arose." Section 15. Said chapter is further amended by striking from subsection (a) of Code Section 43-40-25, relating to violations by real estate licensees, schools, and instructors, the following: "(a) After holding a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the commission shall have the power to censure licensees and approved schools or instructors; to revoke or suspend any license issued under this chapter; to revoke or suspend approval of any school or instructor; to require completion of a course of study in real estate brokerage or instruction; to require the filing of periodic reports by an independent accountant on a real estate broker's designated trust account; or to utilize any combination of these sanctions which the commission may deem appropriate, whenever a license, school, or instructor approval has been obtained by false or fraudulent representation or whenever a licensee, approved school, or instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, including, but not limited to, the following:", and inserting in lieu thereof the following: 1522 JOURNAL OF THE HOUSE, "(a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the commission shall have the power to reprimand licensees and approved schools or instructors; to revoke or suspend any license issued under this chapter; to revoke or suspend approval of any school or instructor; to require completion of a course of study in real estate brokerage or instruction; to require the filing of periodic reports by an independent accountant on a real estate broker's designated trust account; or to utilize any combination of these sanctions which the commission may deem appropriate, whenever a license, a school approval, or an instructor approval has been obtained by false or fraudulent representation or whenever a licensee, an approved school, or an approved instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, including, but not limited to, the following:". Section 16. Said chapter is further amended by striking paragraph (8) of subsection (a) of Code Section 43-40-25, relating to violations by real estate licensees, schools, and instructors, in its entirety and inserting in lieu thereof a new paragraph (8) to read as follows: "(8) Accepting a commission or other valuable consideration by tat associate broker er salesman a licensee from anyone other than the broker holding his that licensee's license without the consent of the that broker holding his license;". Section 17. Said chapter is further amended by striking Code Section 43-40-27, relating to investigation by the commission of complaints, in its entirety and inserting in lieu thereof a new Code Section 43-40-27 to read as follows: "43-40-27. (a) The commission may, upon its own motion, and shall, upon the sworn written request of any person, investigate the actions of any applicant for Keensure, reai estate broker; associate broker; salesperson licensee, or real estate courses and instructors approved by the commission. Except for investigations of applicants for licensure, investigations of allegations of fraudulent conduct or of mishandling of funds held in a fiduciary capacity, or investigations of possible violations of this chapter which have been litigated in the courts or arise from litigation in the courts, the commission shall not initiate an investigation on its own motion or investigate a licensee's activity as the result of a sworn written request for investigation unless the act or acts which may constitute a violation of this chapter occurred within three years of the initiation of the investigation. (b) Any person authorized to conduct an investigation on behalf of the commission shall have access to and may examine any writings, documents, or other material which may be related to an investigation made upon the order of the commission. (c) In the conduct of an authorized investigation, the commissioner or chairperson of the commission may issue subpoenas to compel production of such writings, documents, or material on behalf of the commission. After the service of a notice of hearing, the commissioner or chairman chairperson of the commission may issue subpoenas to compel production of such writings, documents, or material, either on behalf of the commission or at the request of a respondent. The commission or the respondent may apply to the superior court of the county in which a person disobeying a subpoena resides for an order requiring compliance. Failure to comply with such an order shall be punishable as for contempt of court. (d) The results of all investigations shall be reported only to the commission or to the commissioner, and the records of such investigations shall not be subject to subpoena. Records of investigations shall be kept by the commission and no part of any investigative record shall be released for any purpose other than a hearing before the commission or its designated hearing officer, review by other states' real estate commissions or comparable regulatory agencies of those states of closed investigative files which led to the filing of a notice of hearing by the commission, review by the respondent after the service of a notice of hearing, review by the commission's legal counsel, or an appeal of a decision by the commission to a court of competent jurisdiction. After service of MONDAY, FEBRUARY 25, 1985 1523 a notice of hearing, a respondent shall have a right to obtain a copy of the investigative record pertaining to the respondent. (e) Whenever the commission revokes or suspends for more than 60 days a license, a school approval, or an instructor approval or whenever a licensee, an approved school, or an approved instructor surrenders a license or an approval to the commission after the commission has filed a notice of hearing, the commission shall publish the name of such licensee, approved school, or approved instructor in its official newsletter." Section 18. Said chapter is further amended by striking Code Section 43-40-29, relating to exceptions from the operation of Chapter 40 of Title 43, in its entirety and inserting in lieu thereof a new Code Section 43-40-29 to read as follows: "43-40-29. (a) Except as otherwise provided, this chapter shall not apply to: (1) Any person except a real estate broker er salesman licensed trader this chapter who, as owner, general partner of a limited partnership, lessor, or prospective purchaser or their regular employees^ including resident managers, or spouses, performs any act with reference to property owned, leased, or to be acquired by him such owner, limited partnership, lessor, or prospective purchaser where such acts are performed in the regular course of, or as incident to, the management of such property and the investment therein or any person who manages residential apartment complexes under a contract approved by any federal agency; (2) An attorney in fact under a duly executed power of attorney to convey real estate from the owner or lessor; (3) A licensed practicing attorney acting solely as an incident to the practice of account provisions ef this chapter; (4) Any person acting as receiver, trustee in bankruptcy, administrator, executor, or guardian, or while acting under a court order or under the authority of a will or of a trust instrument; (5) Any officer or employee of a federal government agency in the conduct of his official duties; (6) Any person employed by a public or private utility who performs any act with reference to property owned, leased, or to be acquired by the utility employing that person, where such acts are performed in the regular course of, or as incident to, the management of such property and the investment therein; (7) Any person who, as owner or through another person engaged by such owner on a full-time basis, buys, sells, leases, manages, auctions, or otherwise deals with property owned by such person; (8) Any person employed on a full-time basis by the owner of property for the purpose of selling, buying, leasing, managing, auctioning, or otherwise dealing with such property; () Any person acting as a referral agent who is not involved in the actual negotiations, execution of documents, collection of rent, management of property, or other related activity which involves more than the mere referral of one person to another and who does not receive a fee for such referral from the party being referred. (b) The exceptions provided by subsection (a) of this Code section shall not apply to any person, other than an individual owner, who performs the acts of a broker on property required to be registered under Article lj 2j or 5 of Chapter 3 of Title 44. (c) The exceptions provided by subsection (a) of this Code section shall not apply to any person who holds a real estate license. (d) Any individual employed by a broker to manage residential rental property on behalf of the broker under a written management agreement which the broker procured from and negotiated with the owner shall not be required to be licensed under this chapter. Any broker utilizing the services of such an individual shall be held responsible under this chapter for the brokerage activities of that individual." Section 19. Said chapter is further amended by striking Code Section 43-40-30, relating to acting as a real estate broker, associate broker, or salesperson without a license, in its entirety and inserting in lieu thereof a new Code Section 43-40-30 to read as follows: 1524 JOURNAL OF THE HOUSE, "43-40-30. (a) Any person who, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration, offers, attempts, or agrees to perform, or performs, any single act defined in paragraph (2) of Code Section 43-40-1, whether as a part of a transaction or as an entire transaction, shall be deemed a broker, associate broker, ef salesman licensee within the meaning of this chapter. The commission of a single such act by a person who is required to be licensed under this chapter but who is not so licensed shall constitute a violation of this chapter. (b) It shall be unlawful for any person, directly or indirectly, to engage in or conduct, or advertise or hold himself or herself out as engaging in or conducting the business of, or act in the capacity of, a real estate broker, associate broker, ef a real estate salesman licensee within this state without first obtaining a license as provided in this chapter unless he such person is exempted from obtaining a license under Code Section 43-40-29." Section 20. 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.M Y Aiken Y Alford Y Alien Y Anderson Y Argo Y Athon Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Brooks Y Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark,L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCoi Y Crawford Y Crosby Cummings Y Daugherty Y Davis YDean Y Diion Y Dobbs Y Dover Y Dunn Y Edwards Y Evans Y Felton Foster YGaler YGodbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Manner Y Hasty YHays Heard Hill Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J Y Jackson,N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson,R Johnson,S Y Kilgore Y Kingston Y Lane,D Y Lane.R Lawler Y Lawrence Y Lawson YLee.C YLee,W Y Under YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey Y McKinney YMilam Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell YParham Y Parrish Patten Peters Y Pettit Y Phillips Y Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson.C Y Robinson,P YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Sizemore Y Smith.L Y Smith.P Smith.T Y Smyre Y Stancil Y Steinberg Y Thomas,C Y Thomas.M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Walker,L Y Wall Ware Y Watson Watts White Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy ,Spkr On the passage of the Bill, by substitute, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Due to mechanical malfunction, the vote of Representative Patten of the 149th was not recorded on the preceding roll call. He wished to vote "aye" thereon. MONDAY, FEBRUARY 25, 1985 1525 By unanimous consent, HB 314, by substitute, was ordered immediately transmitted to the Senate. HB 82. By: Representatives Brown of the 88th, Brooks of the 34th, McKinney of the 35th, Alien of the 127th, Randall of the 101st, and others: A BILL to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments by insurers, so as to provide that insurers may invest in securities issued by the African Development Bank; and for other purposes. 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.M Y Aiken Y Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Bargeron Y Barnett.B Y Barnett,M Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Brooks Y Brown.G Y Brown.J YBuck Y Burruss YByrd Y Carter Chambless Chance Y Cheeks Y Childera Y Childs Y Clark.B Clark,L Y Colbert Y Coleman Y Colwell Y Connell Cooper Y Copelan Couch YCoi Y Crawford Crosby Y Cummings Daugherty Davis YDean Y Duton Y Dobbs Y Dover YDunn Y Edwards Y Evans Y Felton Foster YGaler YGodbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Manner Y Hasty YHays Heard Hill Y Holcomb Y Holmes Y Hooks YHorne Y Hudson Y Isakson Y Jackson,J Y Jackson,N Y Jamieson Y Johnson,D Y Johnson,F Johnson,R Johnson,S Y Kilgore Y Kingston Y Lane,D Lane.R Lawler Y Lawrence Y Lawson YLee.C YLee,W Y Linder Y Logan YLong YLord Y Lucas Y Lupton Y Maddoi Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey Y McKinney Milam Milford Y Moody Y Moore Y Mortal Y Mostiler Y Moultrie Y Mueller Y Oliver.C 01iver,D Y Padgett Y Pannell YParham Parrish Patten Peters Y Pettit Y Phillips Y Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Ray Reaves Y Redding Y Richardson Robinson.C Y Robinson,P YRoss Y Royal Y Russell On the passage of the Bill, the ayes were 137, nays 0. The Bill, having received the requisite constitutional majority, was Y Selman Shepard Y Sherrod Sinkfield Sizemore Y Smith.L Y Smith,P Smith.T YSmyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Waldrep Y Walker.C Walker.L Y Wall Ware Y Watson Watts White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Wilson Wood Y Workman Y Yeargin Y Young Murphy.Spkr Representatives Couch of the 40th and Sinkfield of the 37th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Due to mechanical malfunction, the vote of Representative Patten of the 149th was not recorded on the preceding roll call. He wished to vote "aye" thereon. The Speaker Pro Tern assumed the Chair. 1526 JOURNAL OF THE HOUSE, HB 388. By: Representative Ross of the 82nd: A BILL to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commission, so as to change the provisions relating to the executive director and employees of the commission and their membership in the State Merit System of 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 roll call was ordered and the vote was as follows: Y Aaron Y Adams.G N Adams,M Y Aiken Y Alford Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield Benn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch Y Bray Brooks Y Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Chambleas Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch YCo* Y Crawford Crosby Y Cummings Daugherty Y Davis YDean N Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Evans Y Felton Y Foster Y Galer Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Hasty YHays Heard Hill Y Holcomb Y Holmes Y Hooks Home Hudson Isakson Y Jackson,J Y Jackson.N Y Jamieson Y JohnsonJ) Y Johnson.F Y Johnson,R Johnson,S Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Lawler Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan YLong YLord Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y MartinJ Y Matthews Y. McDonald N McKelvey Y McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Oliver.D Y Padgett Y Pannell YParham Y Parrish Patten Peters Pettit Y Phillips Y Pinkston Y Porter Rainey N Ramsey.T Y Ramsey.V Y Randall Y Ransom Ray Reaves Y Redding Y Richardson Robinson.C Y Robinson.P YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L Y Smith.P Y Smith,T Y Smyre Y Stancil Y Steinberg Y Thomas.C Thomas.M Thompson Y Townsend Y Triplett Y Twiggs Waddle Waldrep Y Walker.C Y Walker,L Y Wall Y Ware Watson Watts White Wilder Y Williams.B Williams,J Y Williams.R N Wilson Y Wood N Workman Y Yeargin Y Young Murphy,Spkr On the passage of the Bill, the ayes were 138, nays 6. The Bill, having received the requisite constitutional majority, was passed. Due to mechanical malfunction, the vote of Representative Patten of the 149th was not recorded on the preceding roll call. He wished to vote "aye" thereon. HB 501. By: Representative Dixon of the 151st: A BILL to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to general powers of municipal corporations, so as to authorize municipal corporations to prescribe, revise, and collect rates, fees, tolls, or charges for services, facilities, or commodities of water or sewage systems made available to persons residing within the boundaries of the municipality; and for other purposes. The following Committee substitute was read: MONDAY, FEBRUARY 25, 1985 1527 A BILL To amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to general powers of municipal corporations, so as to authorize municipal corporations to prescribe, revise, and collect rates, fees, tolls, or charges for services, facilities, or commodities of water or sewage systems made available to persons residing within the boundaries of the municipality; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to general powers of municipal corporations, is amended by striking Code Section 36-34-5, relating to acquisition and construction of water and sewage systems, and inserting in lieu thereof a new Code Section 36-34-5 to read as follows: "36-34-5. In addition to the other powers which it may have, any municipal corporation shall have the power under this chapter: (1) To acquire by gift, by purchase, or by the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any water system or sewage system, or both, within the municipal corporation; (2) To acquire by gift, by purchase, or by the exercise of the right of eminent domain any lands, easements, rights in lands, and water rights in connection therewith; (3) To operate and maintain any such systems for its own use and for th se ef public and private consumers and asers persons within the territorial boundaries of the municipal corporation who use the system or to whom the system is made available at the property owned by such persons; and (4) To prescribe, revise, and collect rates, fees, tolls, or charges for the services, facilities, or commodities furniahcd made available by such systems to the property owner at such owner's property." Section 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Burruss of the 20th moves to amend the Committee substitute to HB 501, Section I., Subsection (4) by deleting the present Subsection (4) and substituting in lieu thereof a new Subsection (4) to read as follows: "(4) To prescribe, revise, and collect rates, fees, tolls, or charges for the services, facilities, or commodities furnished to persons or users or made available by such systems to the property owner at such owner's property. When services are available but not used, the maximum rates, fees, tolls or other charges imposed shall not exceed the minimum charge or fee imposed on a user of such system." The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Aaron YAdams.G Y Adams.M Aiken Alford Y Alien YAnderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron YBarnett,B Y Barnett,M Y Beck Benefield Benn Birdsong Y Bishop Y Bolster Y Bostick Y Branch Y Bray Y Brooks Brown,G Y Brown,J Y Buck Y Burruss Y Byrd Y Carter Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark.L 1528 JOURNAL OF THE HOUSE, Y Colbert Coleman Y Colwell Cornell Y Cooper Y Copelan Y Couch YCox Crawford Croaby Y Cummings Daugherty Y Davis YDean Y Diion N Dobbs Y Dover Dunn Y Edwards Evans Y Pelton Y Foster YGaler Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson,N Y Jamieson Y Johnson,D Y Johnson,F Johnson,R Jobnson,S Y Kilgore Y Kingston Y Lane.D YLaneJR Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Pettit Y Phillips Y Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson.C Y Robinson.P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Thompson Y Townsend Y Triplett Y Twiggs Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Y Ware Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy.Spkr On the passage of the Bill, by substitute, as amended, the ayes were 146, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HB 272. By: Representative Milam of the 81st: A BILL to amend Code Section 33-23-2 of the Official Code of Georgia Annotated, relating to licenses required to write or issue insurance, so as to provide that insurers from out of state who conduct mail-order business in this state shall be required to include certain information in all advertisements made or policies of life or accident and sickness insurance issued in this state; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that foreign or alien insurers who conduct direct response insurance business in this state shall be required either to maintain an office in this state or provide telephone service and furnish certain information to the Insurance Commissioner for the purpose of providing information and assistance to policyholders in the filing of claims; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding at the end thereof a new Code Section 33-24-52 to read as follows: "33-24-52. Any foreign or alien insurer who conducts direct response insurance business in this state shall either: (1) Maintain an office within the state; or (2) Accept collect telephone calls or provide for toll-free telephone service and furnish the Commissioner with the name of a person authorized in this state to provide information and assistance to policyholders in the filing of claims." Section 2. All laws and parts of laws in conflict with this Act are repealed. MONDAY, FEBRUARY 25, 1985 1529 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.M Y Aiken Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield YBenn Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Brooks Brown.G Y Brown,J YBuck YBurruss YByrd Y Carter Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch YCox Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover YDunn Y Edwards Y Evans Y Felton Foster YGaler Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson.F Johnson,R Johnson.S Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Lawler Y Lawrence Y Lawson Y Lee.C YLee,W Y Linder YLogan YLong Lord Y Lucas Y Lupton Y Maddox Y Mangum Martin.C Y Martin,J Matthews McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Reaves Redding Y Richardson Robinson.C Y Robinson.P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith.T YSmyre Stancil Y Steinberg Y Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Y Ware Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Y Young Murphy,Spkr 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. HB 173. By: Representative Evans of the 84th: A BILL to amend Part 11 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to assessment of costs of judicial processes involving financial institutions, so as to provide that financial institutions shall have at least five business days in which to respond to subpoenas, garnishments, or other orders, unless for good cause shown the issuing court shall fix some other period of time; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Part 11 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to assessment of costs of judicial processes involving financial institutions, so as to provide that financial institutions shall have five business days in which to respond to certain subpoenas, unless the issuing court shall fix some other period of time; to repeal conflicting laws; and for other purposes. 1530 JOURNAL OF THE HOUSE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 11 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to assessment of costs of judicial processes involving financial institutions, is amended by striking in its entirety Code Section 7-1-237, relating to reimbursement of costs incurred in answering subpoenas or other orders, and inserting in its place a new Code Section 7-1-237 to read as follows: "7-1-237. Any financial institution shall be reimbursed for costs which are reasonably necessary and which have been directly incurred in searching for, reproducing, or transporting books, papers, records, or other data of a customer required or requested to be produced pursuant to a lawful subpoena, summons, warrant, garnishment, attachment, or court order where the financial institution is not a party to the action. Except as may otherwise be ordered by a judge of the court issuing the same, a financial institution shall have five business days from service of a subpoena within which to produce any books, papers, or records ordered produced pursuant to such subpoena. In the case of a garnishment or attachment of funds held by the financial institution, such reimbursement may be deducted prior to remission of such funds in response to the garnishment or attachment. Rates and conditions under which reimbursement may be made under this Code section shall be prescribed by regulations of the department." Section 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adama.M Y Aiken Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Brown,G Y BrownJ Buck Burruss YByrd Y Carter Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark.L Colbert Y Coleman Y Colwell Connell Y Cooper YCopelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty YDavis Dean Y Diion YDobbs Y Dover YDunn Y Edwards Y Evans Y Felton Foster Galer YGodbee YGoodwin Y Greene Y Greer Y Groover Y Hamilton Manner Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson,N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson,R Johnson.S Y Kilgore Y Kingston Y Lane,D YLane,R Y Lawler Y Lawrence Y Lawson YLee,C Y Lee.W Y Under YLogan YLong Lord Y Lucas Y Lupton Y Maddoi Y Mangum Martin.C Y Martin,J Matthews McDonald Y McKelvey McKinney YMilam MUford Y Moody Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Peters Y Pettit Y Phillips Y Pinkston Y Porter Rainey Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,P Y Smith,T YSmyre Y Stancil Y Steinberg Y Thomas,C Thomas,M Y Thompson Y Townsend Y Triplett YTwiggs Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Y Ware Watson Y Watts White Y Wilder Y WiUiam8,B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Y Young Murphy.Spkr On the passage of the Bill, by substitute, the ayes were 146, nays 0. MONDAY, FEBRUARY 25, 1985 1531 The Bill, having received the requisite constitutional majority, was passed, by substitute. By unanimous consent, HB 173, by substitute, was ordered immediately transmitted to the Senate. Representative Burruss of the 20th moved that the following Bill of the Senate be withdrawn from the Committee on Appropriations and referred to the Committee on Ways and Means: SB 228. By: Senators Gillis of the 20th, Kennedy of the 4th, and English of the 21st: A BILL to amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to the requirement for audits of local governments, so as to change the provisions relative to the exceptions from the requirement for audits; and for other purposes. 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 625. By: Representatives Copelan of the 106th, Greene of the 130th, Jamieson of the llth, Godbee of the 110th, Parrish of the 109th, and others: A BILL to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide for legislative intent; to provide the effective date of Acts affecting the compensation of certain county officers; and for other purposes. The following amendment was read and adopted: The Committee on Appropriations moves to amend HB 625 by deleting on line 21, page 1 the words "law or local". 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 YAdams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Bailey Y Balkcom Y Bannister YBargeron Y Harriett,B Y Barnett,M YBeck Y Benefield Y Benn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch Y Bray Y Brooks Y Brown ,G Brown,J Buck Burruss Y Byrd Y Carter Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B YClark.L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Couch Y Cox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Dixon Y Dobbs Y Dover Dunn Y Edwards Evans Y Felton Y Foster Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Y Manner Y Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Isakson Y Jackson,J Y Jackson,N Y Jamieson Y Johnson,D Y Johnson.F Johnson,R Johnson.S Y Kilgore Y Kingston Y Lane,D Y Lane,R Lawler Y Lawrence Lawson Y Lee.C Lee.W Y Linder Logan Y Long Lord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Matthews Y McDonald McKelvey McKinney 1532 JOURNAL OF THE HOUSE, Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller YOliver.C Y Oliver.D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Ray Reaves Y Redding Y Richardson Robinson.C Robinson,P Ross Y Royal Russell Y Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith.T Y Smyre Y Stancil Steinberg Thomas.C Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Wilder Y Williams,B Y Williams,J Y Williams,R Wilson Y Wood Y Workman Y Yeargin Y Young Murphy ,Spkr On the passage of the Bill, as amended, the ayes were 136, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. By unanimous consent, HB 625, as amended, was ordered immediately transmitted to the Senate. HB 539. By. Representatives Pettit of the 19th and Hanner of the 131st: A BILL to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first offender treatment of persons charged with crimes, so as to change the provisions relating to the use of prior findings of guilt in subsequent prosecutions and release of records of discharge; to provide for the modification of records of the Georgia Crime Information Center and the dissemination of such modified records; 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 Annotated, relating to first offender treatment of persons charged with crimes, so as to change the provisions relating to the effect of violation of the terms of probation or conviction for another crime by a person who has been afforded first offender treatment; to change the provisions relating to the use of prior findings of guilt in subsequent prosecutions and release of records of discharge; to provide for the modification of records of the Georgia Crime Information Center and the dissemination of such modified records; to repeal conflicting laws; and for other purposes. 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 Annotated, relating to first offender treatment of persons charged with crime, is amended by striking Code Section 42-8-60, relating to probation of first offenders prior to adjudication of guilt and the effect of violation of terms of probation or conviction for another crime, 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 further proceeding and place the defendant on probation as provided by 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 during the period of probation, the court may enter an adjudication MONDAY, FEBRUARY 25, 1985 1533 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 stiking Code Section 42-8-65, relating to the use of prior findings of guilt in subsequent prosecutions and release of records of discharge, and inserting in lieu thereof a new Code Section 42-8-65 to read as follows: "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 pursuant to this article. Except as provided in subsection (b) or {cj of this Code section, 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 probation 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. No such agency, law enforcement agency, or court may release any information regarding an adjudication of guilt under this article except to disclose the fact that the defendant has exercised his or her right to first offender treatment under Georgia law and that such person has been discharged. (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. (c) The records of the Georgia Crime Information Center shall be modified, without a court order, to show a conviction in lieu of treatment as a first offender under this article whenever the conviction of a person for another crime during the term of probation is reported to the Georgia Crime Information Center. If a report is made showing that such person has been afforded first offender treatment under this article on more than one occasion the Georgia Crime Information Center may report information on first offender treatments subsequent to the first such first offender treatment as if they were convictions. Such records may be disseminated by the Georgia Crime Information Center in the same manner and subject to the same restrictions as any other records of convictions." Section 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Martin of the 26th and Walker of the 115th move to amend the Committee substitute to HB 539 by striking line 11 on page 1 in its entirety and substituting in lieu thereof the following: "of such modified records; to provide for treatment of persons sentenced to terms of confinement as having been convicted during such terms of confinement; to provide for practices and procedures; to provide for an effective date and a specific repealer; to provide for other matters relative to the foregoing; to repeal conflicting laws; and". By striking line 3 on page 4 in its entirety and substituting in lieu thereof the following: "as any other records of convictions. 1534 JOURNAL OF THE HOUSE, (d) Notwithstanding any other provision of this article, any person who is sentenced to a term of confinement pursuant to paragraph (2) of subsection (a) of this Code section shall be deemed to have been convicted of the offense during such term of confinement for all purposes except that records thereof shall be treated as any other records of first offenders under this article and except that such presumption shall not continue after completion of such person's confinement sentence. Upon completion of the confinement sentence such person shall be treated in the same manner and the procedures to be followed by the court shall be the same as in the case of a person placed on probation under this article.'" By redesignating Section 3 as Section 4. By adding, following Section 2, a new Section 3 to read as follows: "Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Subsection (d) of Code Section 42-8-65 of the Official Code of Georgia Annotated enacted by Section 2 of this Act shall be repealed upon the ratification of an amendment to the Constitution extending the jurisdiction of the State Board of Pardons and Paroles to consider cases covered by Code Section 42-8-60." The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams.M Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Bailey Y Balkcorn Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Bostick Branch Bray Y Brooks Y Brown.G Brown,J Buck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Crosby Cummings Y Daugherty Y Davis YDean Y Dixon Y Dobbs Dover Dunn Y Edwards Y Evans Y Felton Y Poster Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Banner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks YHorne Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson.D Y Johnson,? Y Johnson.R Johnson,S Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,,! Matthews Y McDonald Y McKelvey McKinney Milam Y Milford Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell Y Parham Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P Rosa Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,? Y Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Watts White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Y Young Murphy ,Spkr On the passage of the Bill, by substitute, as amended, the ayes were 151, nays 0. MONDAY, FEBRUARY 25, 1985 1535 The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. By unanimous consent, HB 539, by substitute, as amended, was ordered immediately transmitted to the Senate. The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR MONDAY, FEBRUARY 25, 1985 Mr. Speaker and Members of the House: Your Committee on Rules met and submits the following supplemental to the calendar already adopted this February 25, 1985, by adding the following: HB 564 Excise Tax: Table Wines 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 following Bills and Resolutions of the House were taken up for consideration and read the third time: HB 16. By: Representatives Aaron of the 56th and Godbee of the 110th: A BILL to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to property generally, so as to require the owner of certain property to display the numerical part of the street address of certain structures located on such property; and for other purposes. Representative Aaron of the 56th moved that further consideration of HB 16 be postponed until tomorrow, at noon. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams.M Y Aiken YAlford Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Bailey Y Balkcom N Bannister Y Bargeron Barnett.B Barnett,M YBeck NBenefield YBenn Y Birdsong Y Bishop Y Bolster Bostick N Branch Y Bray Brooks Brown.G Y Brown,J Buck Y Burruss N Byrd Carter Chambless Chance Cheeks N Childers Y Childs Y Clark,B Clark,L N Colbert Coleman Y Colwell Connell Cooper N Copelan Y Couch Y Cox Y Crawford Y Crosby N Cummings Daugherty N Davis Y Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Evans Y Felton Foster Y Galer Y Godbee N Goodwin Y Greene Y Greer Y Groover Y Hamilton Banner Y Hasty Y Hays N Heard Y Hill Y Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Y Jackson.J Y Jackson.N Jamieson Y Johnson,D Y Johnson.F N Johnson,R Johnson.S Kilgore Y Kingston Y Lane,D Y Lane.R Y Lawler N Lawrence Y Lawson Lee.C N Lee.W Y Linder Logan Y Long Y Lord Lucas Lupton Maddox Y Mangum Y Martin.C Y Martin,J N Matthews Y McDonald N McKelvey McKinney 1536 JOURNAL OF THE HOUSE, Y Milam Milford N Moody N Moore N Morton N Mostiler Y Moultrie Y Mueller N Oliver.C N Oliver.D N Padgett Y Pannell NParham Y Parrish Y Patten Peters Y Pettit Phillips Pinkston Porter Rainey N Ramsey.T Y Ramsey.V Randall N Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P YRoss Royal Y Russell Y Selman N Shepard Y Sherrod Y Sinkfield Y Sizemore N Smith,L N Smith.P Y Smith.T Smyre N Stancil Y Steinberg Thomas.C Y Thomas,M Y Thompson Y Townsend Triplett Y Twiggs Waddle N Waldrep Y Walker.C Walker,L Y Wall On the motion, the ayes were 100, nays 31. The motion prevailed. Ware Y Watson Watts White Y Wilder Y Williams.B Y Williams,J Y Williams.R Wilson Y Wood Y Workman Y Yeargin Y Young Murphy ,Spkr HR 220. By: Representative Kingston of the 125th: A RESOLUTION authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Tybee Island an easement over, under, across, and through certain property owned by the State of Georgia and located in Chatham County, Georgia, for the construction, installation, operation, maintenance, repair, improvement, and replacement of a fishing pier to be built over, under, across, or through such state owned property; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Adams.M Y Aiken Y Alford Y Alien Y Anderson . Y Argo Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Brooks Brown.G Y Brown,J Buck Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Childers Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Crosby Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Dover Dunn Y Edwards Evans Y Felton Foster Galer YGodbee N Goodwin Y Greene Greer Y Groover Y Hamilton Manner Y Hasty YHays Y Heard YHill Y Holcomb Holmes Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson.R Johnson.S Kilgore Y Kingston Y Lane.D Y Lane,R Y Lawler Lawrence Y Lawson Lee.C YLee,W Y Linder YLogan YLong Lord Lucas Y Lupton Maddox Y Mangum Y Martin.C Martin,J Matthews Y McDonald Y McKelvey McKinney Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Peters Pettit Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson.C Y Robinson.P YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Sizemore Smith,L Y Smith,P Smith.T Smyre Y Stancil Steinberg Thomas.C Y Thomas,M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B Williams,J Y Williams,R Wilson Y Wood Y Workman Y Yeargin Y Young Murphy.Spkr MONDAY, FEBRUARY 25, 1985 1537 On the adoption of the Resolution, the ayes were 120, nays 1. The Resolution, having received the requisite constitutional majority, was adopted. Representative Goodwin of the 63rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 464. By: Representatives Coleman of the 118th, Hanner of the 131st, and Ramsey of the 3rd: A BILL to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to change the provisions relating to powers and duties of the Georgia Peace Officer Standards and Training Council; and for other purposes. The following amendment was read and adopted: Representatives Groover of the 99th and Coleman of the 118th move to amend HB 464 as follows: By striking on line 18, page 6, the words "Fulton County", and inserting in lieu thereof, "the county of residence of the petitioner". 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 Y Adams.G Y Adams,M Y Aiken Y Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G Y Brown,J Buck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Couch Cox Y Crawford Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Dunn Y Edwards Evans Y Felton Foster Y Galer YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson,R Johnson,S Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Lawler Y Lawrence Y Lawson Lee.C Y Lee.W Y Linder Y Logan YLong YLord Lucas Y Lupton Maddox Y Mangum Y Martin.C Y Martin,J Matthews Y McDonald Y McKelvey McKinney Milam Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Pettit Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Reaves Redding Y Richardson Robinson.C Y Robinson.P YRoss Y Royal Y Russell On the passage of the Bill, as amended, the ayes were 137, nays 0. Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith.P Y Smith,T Smyre Y Stancil Y Steinberg Thomas.C Y Thomas,M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams.R Wilson Y Wood Workman Y Yeargin Y Young Murphy.Spkr 1538 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed, as amended. HR 219. By: Representative Carter of the 146th: A RESOLUTION authorizing the release of certain reverters in Fee Simple Deeds Without Warranty which conveyed certain real property to Berrien County and the School Board of Berrien 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 follows: Y Aaron Y Adams.G Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G Y Brown,J YBuck YBurruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark.L Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Couch YCox Y Crawford Crosby Y Cummings Daugherty Davis Dean Y Dixon YDobbs Y Dover Dunn Y Edwards Evans Y Felton Foster YGaler YGodbee YGoodwin N Greene YGreer Y Groover Y Hamilton Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Ylsakson Y Jackson.J Y Jackson.N Y Jamieson Y Johnson.D Y Johnson,F Y Johnson,R Johnson,S Y Kilgore Y Kingston YLane,D YLane.R Y Lawler Y Lawrence YLawson YLee,C YLee,W Y Under YLogan YLong YLord Lucas Lupton Maddox Y Mangum Y Martin.C Y MartinJ Matthews Y McDonald Y McKelvey McKinney YMilam Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell YParham YParrish Y Patten Y Peters Pettit Phillips Pinkston Y Porter YRainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Redding Y Richardson Robinson.C Robinson,P YRoss Y Royal Y Russell YSelman YShepard Y Sherrod Y Sinkfield Sizemore Y Smith,L Y Smith,P Smith.T Smyre YStancil Y Steinberg Thomas.C Y Thomas,M Thompson Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker,L YWall Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams^I Y Williams.R Wilson YWood Y Workman Yeargin Y Young Murphy.Spkr On the adoption of the Resolution, the ayes were 134, nays 1. The Resolution, having received the requisite constitutional majority, was adopted. HR 122. By: Representatives Benn of the 38th, Adams of the 36th, Townsend of the 24th, Bolster of the 30th, Couch of the 40th, and others: A RESOLUTION Creating the Atlanta Charter Review Study Committee; and for other purposes. WHEREAS, the current charter of the City of Atlanta was adopted in 1973 (Ga. L. 1973, p. 2188) following a study by a charter commission; and WHEREAS, a number of amendments to the charter have been adopted since 1973, but a systematic and complete review of the charter has not been accomplished since the charter's adoption by the General Assembly; and MONDAY, FEBRUARY 25, 1985 1539 WHEREAS, changes in the general laws of Georgia, as well as changes in social, economic, and governmental circumstances, indicate that the Atlanta charter should be reviewed, updated, and improved. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Atlanta Charter Review Study Committee is created. The committee shall consist of four members of the House whose representative districts lie wholly or partially within the City of Atlanta appointed by the Speaker of the House, four members of the Senate whose senatorial districts lie wholly or partially within the City of Atlanta appointed by the President of the Senate, two citizens of Atlanta appointed by the Speaker of the House, and two citizens of Atlanta appointed by the President of the Senate. The committee shall hold its organizational meeting on the joint call of a House and Senate member of the committee designated, respectively, by the Speaker of the House and the President of the Senate for the purpose of calling such organizational meeting. At the organizational meeting, the committee shall elect from its own membership a chairman, vice-chairman, and such other officers as it deems necessary or appropriate. BE IT FURTHER RESOLVED that the committee will completely review the charter of the City of Atlanta and make such recommendations to the General Assembly and to the governing authority of the City of Atlanta as the committee deems appropriate to revise, update, and improve said charter. BE IT FURTHER RESOLVED that the members of the committee shall serve without compensation and shall not be reimbursed for expenses incurred in carrying out their duties as members of the committee. The committee may meet for such number of days as it finds necessary to carry out its duties. BE IT FURTHER RESOLVED that the committee shall make a report of its findings and recommendations by not later than July 1, 1986, on which date the committee shall stand abolished. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Aaron Y Adams,G Y Adams.M Y Aiken Y Alford Alien Y Anderson YArgo YAthon Y Atkins YAuten Y Bailey Y Balkcom Y Bannister Bargeron Y Harriett,B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis YDean Y Dixon YDobbs Y Dover Dunn Y Edwards Evans Y Felton Y Foster YGaler Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Manner Y Hasty YHays Y Heard Hill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson,? Y Johnson.R Johnson.S Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Lawler Y Lawrence Y Lawson Y Lee,C Y Lee.W Y Linder YLogan YLong YLord Lucas Y Lupton Maddox Y Mangum Y Martin,C Y Martin,J Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Mortal Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Y Bamsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Redding Y Richardson Robinson.C Y Robinson,P YRoss Y Royal Y Russell Y Selman 1540 JOURNAL OF THE HOUSE, Y Shepard YSherrod Y Sinkfield Y Sizemore YSmith,L Y Smith.P YSmith.T Smyre Y Stancil Y Steinberg Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep Walker.C Y Walket,L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy.Spkr On the adoption of the Resolution, the ayes were 150, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 564. By: Representatives McDonald of the 12th and Russell of the 64th: A BILL to amend Code Section 3-6-50 of the Official Code of Georgia Annotated, relating to the levy and amount of state excise taxes on wine; to establish excise taxes upon the first sale, use, or final delivery within this state of all table wines; and for other purposes. The following substitute, offered by Representative McDonald of the 12th, was read and adopted: A BILL To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for legislative intent; to establish excise taxes upon the first sale, use, or final delivery within this state of alcohol, distilled spirits, table wines, and dessert wines; to establish a tax upon the importation for use, consumption, or final delivery into this state of alcohol, distilled spirits, table wines, and dessert wines; to provide for the increased cost of administration and collection of revenues; to aid in the exercise of the police power; to promote temperance; to provide an effective date; to provide that this Act shall not be severable; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The General Assembly finds and determines that the cost of regulating and administering the manufacture, distribution, and sale of alcohol, distilled spirits, table wines, and dessert wines consumed in this state is greater for imported alcohol, distilled spirits, table wines, and dessert wines than it is for alcohol, distilled spirits, table wines, and dessert wines produced within this state and further finds and determines that it is in the best interest of the citizens of this state that the increased costs be provided for by taxation. Section 2. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking in its entirety Code Section 3-4-60, relating to the levy and amount of state excise taxes imposed on alcohol and distilled spirits, and inserting in its place a new Code Section 3-4-60 to read as follows: "3-4-60. The following state taxes are levied and imposed: (1) There shall be imposed upon the first sale, use, or final delivery within this state of all distilled spirits an excise tax in the amount of 50* per liter and, upon the first sale, use, or final delivery within this state of all alcohol, an excise tax in the amount of 70$ per liter, and a proportionate tax at the same rate on all fractional parts of a liter; (2) There shall be imposed upon the importation for use, consumption, or final delivery into this state of all distilled spirits an import tax in the amount of 50 of Gode Section 21-2-134 even though sad* office may be a state-wide office." Section 3. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by Representatives Bray of the 91st and Moultrie of the 93rd, was read and adopted: A BILL To amend Article 4 of Title 21 of the Official Code of Georgia Annotated, relating to selection and qualification of candidates for public office, so as to provide for the manner of filling vacancies for a candidate nominated at any primary election or nonpartisan primary or nominated by means other than a primary; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 4 of Title 21 of the Official Code of Georgia Annotated, relating to selection and qualification of candidates for public office, is amended by striking Code Section 21-2-134, relating to substitute nominations to fill vacancies in party nominations, in its entirety and substituting in lieu thereof a new Code Section 21-2-134 to read as follows: "21-2-134. (a) No candidate nominated at any primary election or nonpartisan primary or nominated by means other than a primary may withdraw as a candidate at the ensuing general election. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the death or disqualification of a candidate. TUESDAY, FEBRUARY 26, 1985 1587 (b) Any vacancy in any party nomination filled by a primary created by reason of the death or disqualification of a candidate occurring after nomination may be filled in the following manner: (1) In the case of Any vacancy occurring in any party nomination (filled 4jy primary) for a public office to be filled by the vote of the electors of the entire state; Dy reason or tnc dcatn, disqualification, or witndrawfll ot any candidate tncrctor, occurring in which the vacancy occurs after nomination but at least ten days prior to the election to fill the public office sought by such candidate, the vacancy may be filled by a substitute nomination made by a convention composed of the delegates of the county executive committee of such party in each county of the state. Immediately upon such vacancy occurring, the state executive committee or a subcommittee thereof appointed for the purpose shall fix a time within six days of the occurrence of such vacancy; shall select and provide a convenient place for the holding of such a convention, which shall be open to the public; and shall give notice thereof to the chairman and secretary of each county executive committee. Each county executive committee shall be entitled to select the number of delegates apportioned to it by the state executive committee; provided, however, that each county executive committee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based substantially upon the population of the state according to the last United States decennial census or upon the number of votes cast within the state for the party's candidates for presidential electors in the last presidential election. A two-third's majority of the delegates of such county executive committees shall constitute a quorum for the transaction of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substitute nomination. Each delegate shall have one vote and all votes taken shall be by a roll-call vote. The records of the convention shall be filed with the state executive committee. In the event such a vacancy in party nomination shall occur during the ten days preceding the day of such an election er OR the morning of- svtek tat election prior to the opening of the peHs, such vacancy may be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for the purpose^ i (2) In the case of (b) Any vacancy occurring in any party nomination (filled by pri- mary) for a public office for which a candidate must qualify with the state executive committee, except a public office to be filled by the vote of the electors of the entire state, by reason of the death, disqualification, or withdrawal of any candidate therefor, occuwwjj flitcf nominfliiOBj shflii T&C riiicd oy su ostitut/c nouninsition IHQQC Dy n--jw^ -- -- - fft l^a 1. -U -^^ l -- i.^ -- f Vinn 4-1-m fnun* -- *. -- 1- J^.. ,, JU^ -- -4-1^^ -- -- L.-..J--1-..J -3 a J.JJ1 11JIJCI1 y To UC 11C1U IHJT ICLvUl mean wic 1UU1 tCCHLll Uajr arCTTT tllC o^ncu uicu *_*cn>c election for which the deceased, disqualified, or withdrawn individual wa a candidate. fOI* SUCfl SpCClQl pFlWlflFy Sntll QUflllty tlOt IfltCF cil&n l^lUO JNOOn Or tenin dfty prior to tiic dfltc of trie spccifli pnmMy. Any runoii ot c&ndidflt/cs m sucn primary. The election for saM paWie office shall %e heM not later than ^the fourteenth day after the date of the special primary er apccial primary runoff, whichever is later. Any runon ncccssflpy ITOIB sucft election sndii DC ncid not idtcr tftftn ttiG louriccntJti day after the date of svtek election. T-he state executive committee of the party ef the deceased, disqualified, or withdrawn candidate shaH immediately notify the Secretary Or OcQtC Or SUCxl OCfltftj d191JUftn*ICftt1Ott ( Of WltfldPflWSl. 1 flC o6CTfttflTy Or blfltG SflflH notify the superintendent of each county involved, and it shall thereupon be the duty ef the superintendents of each such county se notified te held and conduct stteh specifli pnnnftry ftnd dcction ttt ctccordftiicc witii tnc cflll issued Dy tiie itsccrctflpy ot Dt-fliGthe nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the Secretary of State. If the Secretary of State has not been notified of the decision of the state executive 1588 JOURNAL OF THE HOUSE, committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose; and (3) In the case of {e) Any vacancy occurring any party nomination (filled by primary) for a public office for which a candidate must qualify with the county executive committee, by reasen ef the death, disqualification, er withdrawal erf any candi- made by special primary te be held net later than the fourteenth day after the scheduled date erf the election for which the deceased, disqualified, or withdrawn individual was a candidate. Candidates for such special primary shaft qualify net later than 12:00 iNoon of trie tfentn dsy prior TO tiie d&te of trie specifli ppimflpy. T\.riy punoii ~Oi cftndi* dflies tin sueri spccifli pnmftpy snftii i&e held wot iflter ttisn trie terrt.ii Cray enter tne dstc ef the special primary. Tne election for said public office shall be held net later than trie lourtieentii ctsy fliter tfte dftte of trie speciftt primspy or spocifli prmiftry rujioiij wnicneveP is ifltep. Any punofl necessftpy ipom SUCH election snftll we nftld not ifltep than the fourteenth day after the date ef such election. The county executive committee erf the party in the county ef residence ef th deceased, disqualified, er withdrawn cflndidflte sn&ii iIDmediftteiy notity tnc supennterident of sucn county of SUCH crestn., disqualification, e withdrawal. The superintendent shall thereupon issue the eaH fer tne 8pecift1 ppinnflpy ctnci election specified ftoove ftnd sn&ii notity tne oectetftry ot State, and it shali thereupon be the duty erf the superintendent ef- saeh county te held and conduct saeh special primary and election, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The state executive committee or a subcommittee thereof may determine on its own whether to fill the vacancy but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining whether to fill the vacancy: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the county superintendent. If the county superintendent has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose. The state executive committee or a subcommittee thereof may determine on its own who shall fill the vacancy as a substitute nominee but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining the most suitable substitute nomination: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult. {d} (c) Any vacancy occurring in any party body nomination or party nomination filled (filled by means other than by primary) er bedy nomination primary, by reason of the death^ or disqualification; er withdrawal of any candidate after nomination, may be filled by a substitute nomination made by such committee as is authorized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket. TUESDAY, FEBRUARY 26, 1985 1589 (d) If the death or disqualification of a candidate for any public office, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the office shall be filled by a special primary and special election as provided in Code Section 21-2-540. (e) In the event a candidate dies or is disqualified after the nonpartisan primary but before the nonpartisan election, no special nonpartisan primary shall be held and the nonpartisan election shall be conducted in the following manner: (1) If the vacancy occurs prior to 42 days before the general election, the nonpartisan election shall be held on the date of the November election. If no candidate receives a majority of the votes cast, a runoff shall be held on the date of the general election runoff. Upon actual knowledge of the death or disqualification of a candidate, the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days after notice has been published in a newspaper of appropriate circulation. The names of candidates who qualify shall be placed on the nonpartisan election ballot in the arrangement and form prescribed by the Secretary of State or the election superintendent but shall conform insofar as practicable with Code Section 21-2-285.1. The list of electors qualified to vote in the nonpartisan election shall be the same list as is used in the general election; and (2) If the vacancy occurs within 42 days of the general election, the nonpartisan election shall be held on the date of the general election runoff. If no candidate receives a majority of the votes cast, a runoff shall be held on the fourteenth day after the election. Upon actual knowledge of the death or disqualification of a candidate, the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days. All candidates who qualify shall be placed on the nonpartisan ballot. The form of the ballot shall be as prescribed by the Secretary of State or the election superintendent. The list of electors qualified to vote in the nonpartisan election shall be the same list as used in the general election. {e} (f) Upon the making of any such substitute nomination, in the manner prescribed in subsection {a} or {d} (b) or subsection (c) of this Code section, it shall be the duty of the chairman and secretary of the convention or committee making the nomination to file with the Secretary of State or with the superintendent, as the case may be, a nomination certificate which shall be signed by such chairman and secretary. Every such certificate of nomination shall be sworn to by the chairman and secretary before an officer qualified to administer oaths." Section 2. Said article is further amended by striking Code Section 21-2-155, relating to reopening of qualifications for office in the event of a vacancy prior to a political party primary and in the event of a vacancy in a nonpartisan primary, in its entirety and substituting in lieu thereof a new Code Section 21-2-155 to read as follows: "21-2-155. (a) In the event of the death of a candidate prior to the date of a political party primary, the state executive committee or other committee of the party authorized by party rule may reopen qualification for the office sought by the deceased candidate for a period of not less than one nor more than three days. (b) In the event of the death of a candidate prior to the date of a nonpartisan primary, the Secretary of State shall reopen qualifications for the state office and the election superintendent shall reopen qualifications for the county office sought by the deceased candidate for a period of not less than one nor more than three days. Any vacancy occurring tti any nommation rilled uy ft nonpartisan primflpy oy reason of tiie death, disQualification, or withdrawal of any candidate therefor, occurring after nomina^ tioft btrt before the date of the nonpartisan election shall be filled by substitute nominalion rftftde by ft special nonpartisan prumaryr Hie secretary of btate or election superintendent, as the ease may be; shall, pen actual knowledge ef the death r disqualification ef-a candidate or ttpen written notice f withdrawal fey the candidate, issae the eaU for the special nonpartisan primary and nonpartisan election in accordance with 1590 JOURNAL OF THE HOUSE, the appropriate general procedures outlined m subsections {b> and {e} of Code Section 21-2-134 even though such office may be a state-wide office." Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Balkcom N Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield Benn Y Birdsong Y Bishop Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G Brown,J YBuck Y Burruss Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Y Clark,B Clark.L N Colbert Y Coleman Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Y Daugherty Y Davis Dean Dixon Y Dobbs Y Dover Dunn Y Edwards Evans Felton Y Foster YGaler YGodbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Y Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson.D Y Johnson,F Y Johnson,R Y Johnson ,S Y Kilgore Y Kingston Y Lane.D YLane,R Lawler Y Lawrence Y Lawson Lee.C Y Lee.W Y Under YLogan Long YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie N Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter YRainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Smith.L Y Smith,P Smith.T YSmyre Y Stancil Stein berg Y Thomas.C Y Thomas.M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Ware Watson Y Watts White Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson YWood Workman Y Yeargin Young Murphy.Spkr On the passage of the Bill, by substitute, the ayes were 144, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 665. By: Representatives Groover of the 99th and Ware of the 77th: A BILL to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to self-insurers with respect to financial responsibility and motor vehicle accidents, so as to change the provisions relating to qualifications for self-insurer; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to self-insurers with respect to financial responsibility and motor vehicle accidents, so as to change the provisions relating to qualifications for a self-insurer; to provide qualifications for a person who operates one or more vehicles for hire which transport passengers TUESDAY, FEBRUARY 26, 1985 1591 and in whose name a certificate of title has been issued pursuant to Chapter 3 of Title 40 on one or more such vehicles; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to self-insurers with respect to financial responsibility and motor vehicle accidents, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) (1) Except as otherwise provided in paragraph (2) of this subsection, any Any person in whose name one or more vehicles are registered in this state may qualify as a self-insurer by obtaining a certificate of self-insurance from the department. The department may, in its discretion, upon the application of such person, issue such a certificate when it is satisfied that such person has and will continue to have the ability to provide coverages, benefits, and claims handling procedures substantially equivalent to those afforded by a policy of vehicle insurance in compliance with Chapter 34 of Title 33. (2) Any person who operates one or more vehicles for hire which transport passengers and in whose name a certificate of title has been issued pursuant to Chapter 3 of this title on one or more such vehicles may qualify as a self-insurer by obtaining a certificate of self-insurance from the department. The department may, in its discretion, upon the application of such person, issue such a certificate when it is satisfied that such person has and will continue to have the ability to provide coverages, benefits, and claims handling procedures substantially equivalent to those afforded by a policy of vehicle insurance in compliance with Chapter 34 of Title 33." Section 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron YAdams.G NAdams,M YAiken YAlford Y Alien YAnderson YArgo Athon Y Atkins YAuten Y Bailey Balkcom Y Bannister YBargeron Y Barnett,B Y Barnett.M Beck YBenefield YBenn YBirdsong Y Bishop Bolster YBostick Y Branch YBray Y Brooks YBrown,G YBrown,J YBuck Burruss Byrd Y Carter Chambless Chance Y Cheeks Y Childers Childs Y Clark.B Clark,L YColbert YColeman Y Colwell Y Connell Y Cooper Y Copelan Y Couch Y Co* Y Crawford Crosby YCummings Daugherty Y Davis Dean Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Evans Felton Foster YGaler Y Godbee YGoodwin YGreene Greer Y Groover Y Hamilton Y Banner Y Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore Y King8ton Y Lane.D Y Lane,R Y Lawler Y Lawrence Y Lawson Lee.C Y Lee.W Y Linder Y Logan Y Long Y Lord Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Pmkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom Y Bay Y Reaves Y Redding Y Richardson Y Robinson.C Robinson,P Y Boss Y Royal Y Russell Y Selman Y Shepard Y Sherrpd bmkfield Y hizemore a'SA c -MX Smith.T hmyre Y Stancil ^temberg Thomas,C Y Thomas,M Thompson vTT^ Y Tnplett Y Twiggs Y WadIdle Y WaMrep Y WaUier.C Y Walker,L 1592 JOURNAL OF THE HOUSE, Y Wall Ware Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy.Spkr On the passage of the Bill, by substitute, the ayes were 140, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 639. By: Representatives Lawler of the 20th, Murphy of the 18th, Lee of the 70th, Benefield of the 72nd, Lee of the 72nd, and others: A BILL to amend Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electric membership corporations and foreign electric cooperatives, so as to limit the authority of such corporations to engage in certain transactions relating to satellite television systems for receiving satellite transmissions of television and other signals; and for other purposes. The following Committee substitute was read: A BILL To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to limit the authority of such electric membership corporations and rural telephone cooperatives to engage in certain transactions relating to satellite television systems for receiving satellite transmissions of television and other signals; 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 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by adding after Code Section 46-3-178 a new Code section to read as follows: "46-3-178.1. An electric membership corporation shall not sell, lease, or offer to sell or lease any satellite television system, including but not limited to any satellite 'dish' antenna or related equipment, designed for receiving satellite transmissions of television or similar entertainment signals, or finance any such sale or lease, or otherwise engage in the business of providing any such satellite television and other entertainment systems to its customers or others." Section 2. Said title is further amended by adding between Code Sections 46-5-102 and 46-5-103 a new Code Section 46-5-102.1 to read as follows: "46-5-102.1. A rural telephone cooperative shall not sell, lease, or offer to sell or lease any satellite television system, including, but not limited to, any satellite 'dish' antenna or related equipment designed for receiving satellite transmissions of television or similar entertainment signals, or finance any such sale or lease, or otherwise engage in the business of providing any satellite television and other entertainment systems to its customers or others." 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 amendment was read and adopted: Representative Lee of the 72nd moves to amend the Committee substitute to HB 639 by adding before the quotation mark on line 23 of page 1 after "others." the following: "An electric membership corporation shall not sell, lease, or offer to sell or lease any appliance to its customers or others." TUESDAY, FEBRUARY 26, 1985 1593 The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adaros.M N Aiken Y Alford Y Alien N Anderson YArgo Y Athon N Atkins Y Auten Y Bailey N Balkcom Y Bannister Bargeron N Barnett,B Y Barnett,M YBeck Y Benefield Benn N Birdsong Y Bishop Y Bolster Bostick Y Branch Bray N Brooks Y Brown.G Y Brown.J YBuck Burruss Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Y Clark.B N Clark.L Colbert Y Coleman Y Colwell Y Connell N Cooper N Copelan Y Couch NCox N Crawford Crosby Y Cummings Y Daugherty Y Davis YDean Y Dixon N Dobbs N Dover Y Dunn Y Edwards Evans N Felton Foster Y Galer God bee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Banner N Hasty Hays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home N Hudson Y Isakson Y Jackson,,! N Jackson.N Jamieson Y Johnson ,D N Johnson,F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Lawler Y Lawrence Y Lawson Lee.C Y Lee.W N Linder YLogan NLong Lord Y Lucas Y Lupton Y Maddox Mangum Y Martin.C Y Martin,J N Matthews Y McDonald Y McKelvey McKinney Milam Milford Y Moody N Moore N Morion Mostiler Y Moultrie Y Mueller Y Oliver.C N Oliver.D Y Padgett N Pannell YParham N Parrish Y Patten Peters Y Pettit Y Phillips Y Pinkston N Porter Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay N Reaves Y Redding Y Richardson Robinson ,C Y Robinson.P Ross N Royal Y Russell Sehnan Shepard Y Sherrod Y Sinkfield Y Sizemore N Smith,L Y Smith.P N Smith.T YSmyre Stancil Y Steinberg Thomas,C Y Thomas.M Thompson Y Townsend Y Triplett Y Waddle Y Waldrep Y Walker.C Y Walker,L YWall Ware Y Watson Y Watts White N Wilder N Williams,B Y Williams,J Y Williams.R N Wilson Y Wood Y Workman Yeargin N Young Murphy,Spkr On the passage of the Bill, by substitute, as amended, the ayes were 109, nays 36. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HR 235. By: Representatives Lane of the lllth and Godbee of the 110th: A RESOLUTION commending the Doctors Floyd of Bulloch County and designating the Doctors Floyd Bridge; and for other purposes. The following substitute, offered by Representative Godbee of the 110th, was read and adopted: A RESOLUTION Commending the Doctors Floyd of Bulloch County and designating the Doctors Floyd Bridge; and for other purposes. WHEREAS, the following distinguished Georgians exemplify the highest traditions of the medical profession in this state: Dr. Frank Forest Floyd (1875-1926), Dr. Waldo Emerson Floyd (1900-1967), Dr. Waldo Emerson Floyd, Jr. (1929- ), and Dr. Waldo Emerson Floyd III (1954- ); and 1594 JOURNAL OF THE HOUSE, WHEREAS, these gentlemen are descendants of the early pioneer settlers of Bulloch County and the surrounding areas; and WHEREAS, these outstanding practitioners have provided the residents of Bulloch County with over 100 years of unselfish devotion to the art of medicine; and WHEREAS, these extraordinary men were model examples of the vanishing institution, "the family doctor," and extended the helping hand of warm friendship and capable medical service to those who were in need at any time of day or night; and WHEREAS, during their years of conscientious service, they have treated countless thousands of patients, devoted innumerable hours to their work, and have been instrumental in improving the standards and facilities for quality health care for the citizens of their community; and WHEREAS, the century and more of selfless and untiring service to their fellow citizens by this dedicated medical family makes the designation of an appropriate memorial in Bulloch County fitting. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body commend Dr. Frank Forest Floyd, Dr. Waldo Emerson Floyd, Dr. Waldo Emerson Floyd, Jr., and Dr. Waldo Emerson Floyd III for their many decades of inspirational, meritorious, and humanitarian service and their deep level of personal and professional commitment to the members of their community and state. BE IT FURTHER RESOLVED that the westerly bridge of the bridges whereby Georgia Highway 119 crosses the Ogeechee River in Bulloch County is named and designated as the Doctors Floyd Bridge as a gesture of sincere gratitude for the outstanding service they have rendered. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate markers so designating said bridge. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the following persons: Dr. Paul Tilson, president, Ogeechee River Medical Society, Bulloch County Hospital Authority, Bulloch County Medical Staff, Board of Commissioners of Bulloch County, Bulloch County Historical Society, Dr. and Mrs. Waldo Floyd, Jr., Mrs. Waldo E. Floyd, Sr., Dr. and Mrs. Waldo E. Floyd III, Mr. and Mrs. Ray Hendley, Mr. and Mrs. Jack Carman, Dr. and Mrs. Samuel Tillman, Mr. and Mrs. Harry Floyd Emmitt, Mr. and Mrs. Isaac Bunce, Mr. Joseph Gerome Tillman II, Dr. W. M. Cone, Miss Constance Cone, Mr. Ed Cone, Mr. Gilbert Cone, Jr., Dr. John Cone, Descendants of Clisby Cone c/o Dr. W. M. Cone, Mr. Henry E. Cone, and Mrs. R. L. Cone, Jr. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Y Aaron YAdams,G Adams,M Aiken Alford YAUen YAnderson YArgo YAthon Y Atkins YAuten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Barnett,M YBeck Benefield Benn YBirdsong Y Bishop Bolster Y Bostick Y Branch Bray Y Brooks Y Brown.G Y Brown,J Y Buck YBurruss Byrd Y Carter Chambless Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark,L Y Co bert Co eman Y Colwell Y Connell ^ooper ^opelan Y Couch Y Cox Y Crawford Y Crosby Y Cummmgs Y Daugherty Y Davis Dean Dixon Y Dobbs Y Dover Y Dunn ^wards Y Evans YFelton Foster Y Galer Y Godbee Goodwin TUESDAY, FEBRUARY 26, 1985 1595 Y Greene Y Greer Y Groover Y Hamilton Hanner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson YIsakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Johnson.R Johnson.S Y Kilgore Y Kingston Y Lane.D Y Lane.R Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan Long YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Milam Y Milford Y Moody Y Moore Y Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Y Pettit Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom Ray Y Reaves Y Redding Richardson Robinson.C Y Robinson.P Ross Royal Y Russell Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Smith ,L Y Smith,? Y Smith.T YSmyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Wilder Y Williams.B Y Williams,J Y Williams.R Wilson YWood Workman Y Yeargin Y Young Murphy .Spkr On the adoption of the Resolution, by substitute, the ayes were 137, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. HR 236. By: Representatives Godbee of the 110th, Lane of the lllth, and Chance of the 129th: A RESOLUTION designating the Captain William Cone 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 Y Adams.G Y Adams.M Y Aiken Alford Y Alien Y Anderson YArgo Y Athon Y Atkina Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Barnett.M YBeck Y Benefield Benn Y Birdsong Y Bishop Bolster Y Bostick Y Branch Bray Y Brooks Brown.G Y Brown,J YBuck Burruss Byrd Y Carter Chambless Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark.L Y Colbert Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis YDean Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Evans Y Felton Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Groover Y Hamilton Hanner Hasty YHays Y Heard Hill Y Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane,D Y Lane,R Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan Long YLord Y Lucas Y Lupton Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Phillips Pinkston Porter Y Rainey Ramsey.T Y Ramsey.V Y Randall Y Ransom Ray Y Reaves Y Redding Richardson Robinson.C Y Robinson.P Ross Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfleld Y Sizemore Smith,L Y Smith,? Y Smith.T YSmyre Y Stancil Steinberg Thomas.C Y Thomas.M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L 1596 JOURNAL OF THE HOUSE, Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Williams.R Wilson Y Wood Y Workman Y Yeargin Y Young Murphy.Spkr On the adoption of the Resolution, the ayes were 138, 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 by the requisite constitutional majority the following Bill of the Senate: SB 270. By: Senator Reddish of the 6th: A BILL to amend an Act creating a new charter for the City of Jesup, so as to change the provisions relating to the election of the mayor and other members of the board of commissioners; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate: SR 208. By: Senator Ray of the 19th: A RESOLUTION expressing regret at the passing of David Clifton Anderson; and for other purposes. The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate: SB 82. By: Senators Barnes of the 33rd, Dean of the 31st, Trulock of the 10th, and others: 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 provide for a quality basic education in every school in Georgia; to provide for a statewide curriculum; to provide for instructional programs; to provide for grants to local units of administration for the operation of educational programs; to provide for essential instructional and support services resources; and for other purposes. The President has appointed on the part of the Senate the following: Senators Foster of the 50th, Barnes of the 33rd, and Starr of the 44th. The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House: HB 36. By: Representatives Lane of the 27th, Greer of the 39th, Adams of the 36th, Clark of the 55th, Redding of the 50th, and Couch of the 40th: A BILL to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to add two new members to the Board of Directors of the Authority; to provide for additional residency requirements; and for other purposes. The President has appointed on the part of the Senate the following: Senators Walker of the 43rd, Tysinger of the 41st, and Bond of the 39th. The Speaker announced the House in recess until 1:45 o'clock, this afternoon. TUESDAY, FEBRUARY 26, 1985 1597 AFTERNOON SESSION The Speaker called the House to order. 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 119 Do Pass SB 221 Do Pass Respectfully submitted, Adams of the 36th Chairman The following Resolutions of the House and Senate were read and adopted: HR 302. By: Representative Waldrep of the 80th: A RESOLUTION commending the Mary Persons High School Debate Team; and for other purposes. HR 303. By: Representative Adams of the 79th: A RESOLUTION commending Radio Station WTGA; and for other purposes. HR 304. By: Representatives Lawrence of the 49th, Williams of the 48th, Morton of the 47th, and others: A RESOLUTION commending Patricia Floyd; and for other purposes. HR 305. By: Representative Adams of the 79th: A RESOLUTION commending Upson County Vocational Technical School; and for other purposes. HR 306. By: Representative Adams of the 79th: A RESOLUTION commending Billy and Richard Singer; and for other purposes. HR 307. By: Representative Smith of the 78th: A RESOLUTION commending the Barnesville Academy Warriors Football Team; and for other purposes. HR 308. By: Representative Porter of the 119th: A RESOLUTION commending the American Medical Directors Association; and for other purposes. HR 309. By: Representative Porter of the 119th: A RESOLUTION recognizing Dr. William A. Dodd; and for other purposes. SR 195. By: Senator Ray of the 19th: A RESOLUTION commending the Jeff Davis High School Drama Team; and for other purposes. SR 208. By: Senator Ray of the 19th: A RESOLUTION expressing regret at the passing of David Clifton Anderson; and for other purposes. 1598 JOURNAL OF THE HOUSE, Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time: HR 202. By: Representatives Dover of the llth, Murphy of the 18th, Wood of the 9th, Williams of the 6th, Childs of the 53rd, and others: A RESOLUTION commending John Ross and authorizing the placing of his portrait in the state capitol building; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 97, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 203. By: Representatives Dover of the llth, Childs of the 53rd, Murphy of the 18th, Wood of the 9th, Williams of the 6th, and others: A RESOLUTION commending George Guess and authorizing the placing of his portrait in the state capitol building; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 94, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 271. By: Representatives Wilder of the 21st, Atkins of the 21st, Johnson of the 21st, Wall of the 61st, Aiken of the 21st, and others: A RESOLUTION urging the President and the Congress of the United States to support an amendment to the United States Constitution requiring a balanced budget for the federal government and urging the immediate implementation of the recommendations of the Grace Commission; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Adams,M Y Aiken Alford Alien N Anderson Argo Athon Y Atkina Y Auten Y Bailey N Balkcom Y Bannister Y Bargeron N Barnett,B Y Barnett.M Beck N Benefield Benn N Birdsong Y Bishop N Bolster Y Bostick N Branch Bray N Brooks Y Brown.G Brown,J Buck Burruss Byrd Y Carter Chamblesi Chance Y Cheeks N Childers N Childs N Clark,B N Clark.L Y Colbert Coleman N Colwell Connell Y Cooper N Copelan Couch YCox Y Crawford Crosby Cummings Daugherty Y Davis N Dean Dixon N Dobba N Dover N Dunn Y Edwards Evans Y Felton N Foster NGaler NGodbee Y Goodwin Y Greene Greer N Groover Hamilton Manner N Hasty NHays Heard YHill N Holcomb N Holmes Hooka Home N Hudson Y laakson Jackson,J Jackson.N N Jamieson N Johnson.D Y Johnson,F N Johnson,R N Johnson,S Kilgore Y Kingston Lane.D Lane,R Lawler Y Lawrence Lawson N Lee,C N Lee.W Y Linder Y Logan Long YLord N Lucas Y Lupton Maddox Mangum N Martin.C TUESDAY, FEBRUARY 26, 1985 1599 N Martin,J Y Matthews McDonald N McKelvey McKinney YMilam Milford N Moody N Moore YMorton Mostiler N Moultrie Y Mueller N Oliver.C Oliver.D Y Padgett Y Pannell Parham N Parrish Y Patten Y Peters Pettit Phillips Pinkston Porter Rainey Ramsey.T Y Ramsey.V Randall Y Ransom NRay Reaves N Redding N Richardson N Robinson.C Y Robinson,P NRoss Royal Russell Selman Y Shepard Sherrod Sinkfield Y Sizemore N Smith,L Y Smith,? Smith,T Smyre N Stancil Steinberg N Thomas.C N Thomas.M Y Thompson Y Townsend Triplett NTwiggs Y Waddle N Waldrep N Walker.C Walker,L Y Wall Ware N Watson Watts White Y Wilder Y Williams,B N WiUiams,J Y Williams.R N Wilson YWood Workman N Yeargin N Young Murphy,Spkr On the adoption of the Resolution, the ayes were 53, nays 59. The Resolution, having failed to receive the requisite constitutional majority, was lost. HB 764. By: Representative Martin of the 26th: A BILL to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to provide that self-insured employers who are not authorized by the State Board of Workers' Compensation or other regulatory bodies as self-insurers shall not be eligible for reimbursement from the Subsequent Injury Trust Funds; and for other purposes. The following amendment was read and adopted: Representative Martin of the 26th moves to amend HB 764 by striking line 34 of page 4 and lines 1 and 2 of page 5 and inserting in lieu thereof the following: "returns to work for a different employer or there has been a break in service by the employee." 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 102, nays 3. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 885. By: Representatives Martin of the 60th, Barnett of the 10th, Colbert of the 23rd, Hanner of the 131st, and Coleman of the 118th: A BILL to amend Article 1 of Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to change the composition of the Georgia Firefighter Training and Standards Council; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 105, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 735. By: Representative Daugherty of the 33rd: A BILL to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to wills, so as to provide that the probate court shall have original jurisdiction over any action 1600 JOURNAL OF THE HOUSE, to vacate, set aside, or amend the probate of a will; to provide that the probate court shall have exclusive original jurisdiction over any such action which alleges that a will other than the probated will is the true will or that there exists an unprobated codicil to the probated will; and for other pur- poses. The following Committee substitute was read and adopted: A BILL To amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of wills, so as to provide that notice of a petition for probate of a will in solemn form shall be served upon the propounders and beneficiaries under another purported will of the testator as to which other probate proceedings are pending; to provide that the probate court shall have original jurisdiction over any action to vacate, set aside, or amend its order admitting a will to probate which alleges that a later will is entitled to be admitted to probate or that a codicil to the probated will is entitled to be admitted to probate; to provide for notice of such actions; to provide for the hearing and disposition of such actions; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to the probate of wills, is amended by striking Code Section 53-3-13, relating to procedure for probate in solemn form, and inserting in its place a new Code section to read as follows: "53-3-13. (a) Probate by the witnesses, that is, probate in solemn form, is the proving of the will, after due notice to all the heirs at law and the propounders and beneficiaries under any other purported will of the testator as to which probate proceedings are pending, by all witnesses in life and within the jurisdiction of the court, or by proof of their signatures and that of the testator if the witnesses are dead, blind, incompetent, or inaccessible, and the ordering to record of the will so proved; provided, however, that only one witness shall be required to prove the will for probate in solemn form if no caveat is filed. Such probate is conclusive upon all the parties notified and upon all devisees and legatees under the will who are represented in the executor. As to heirs at law not effectively notified, probate in solemn form shall be as conclusive as if probate had been in common form. (b) The petition to probate a will in solemn form shall be verified by the oath of the applicant and shall set forth the full name, the place of domicile, the legal residence, and the date of the death of the testator; the post office address of the petitioner; aad the names, ages, and addresses of the surviving spouse and of all the heirs at law, stating their relationship to the testator; and whether, to the knowledge of the applicant, any other proceedings with respect to the probate of another purported will of the testator are pending in this state and, if so, the names and addresses of the propounders and the names, ages, and addresses of the beneficiaries under the other purported will. In the event full particulars are lacking, the petition shall state the reasons for any omission. The petition shall conclude with a prayer for the issuance of letters testamentary. If all of the heirs at law are sui juris and acknowledge service of the petition and notice and shall in their acknowledgment assent thereto, and if there are no other proceedings pending in this state with respect to the probate of another purported will of the decedent, the will may be admitted to record on proper proof, and letters may thereupon issue without further delay. (c) If a will or codicil is self-proved, compliance with signature requirements and other requirements of execution is presumed for such instrument subject to rebuttal without the necessity of the testimony of any witness upon filing the will or codicil and the affidavit and certificate annexed or attached thereto. TUESDAY, FEBRUARY 26, 1985 1601 (d) Notice shall be served on propounders and beneficiaries under any other purported will of the testator with respect to which a petition to probate is pending in the same manner as provided by law for service on heirs at law. (e) For purposes of any provision of this title relating to giving notice to beneficiaries under a purported or probated will, such notice shall be given to those of the following persons named or designated in the will whose identity and whereabouts may be determined by the petitioner in the exercise of reasonable diligence: (1) Each beneficiary who is designated in the will to receive a present interest or power, other than a mere trust beneficiary, and who in the case of an individual fe sui juris; (2) The duly acting guardian of the property, if any, or, if none, the guardian of the person, if any, or, if none, the person having custody of each individual beneficiary with a present interest or power, other than a mere trust beneficiary, who is not sui juris; and (3) Each trustee. Notice shall not be required in the case of a person whose interest, even though vested, cannot be possessed until the passage of time or the happening of a contingency. The probate court may, on motion, modify the notice required in the case of numerous beneficiaries of the same or similar class where the value of each bequest iSj or appears to be, nominal." Section 2. Said chapter is further amended by adding a new Article 3 to read as follows: "ARTICLE 3 53-3-60. (a) The probate court shall have original jurisdiction over any action to vacate, set aside, or amend its order admitting a will to probate which alleges: (1) That a later will is entitled to be admitted to probate; or (2) That a codicil to the probated will is entitled to be admitted to probate. (b) Any such action shall be combined with a petition to probate in solemn form the later will or codicil. The court shall consider the petition to probate together with the action to vacate, set aside, or modify; and the court shall grant relief as is appropriate with respect to each matter. 53-3-61. (a) The petition under Code Section 53-3-60 shall be verified by oath of the applicant and shall set forth the allegations on which the action is based and the name and address of the then acting executor or administrator with will annexed, if any, of the estate, or, if none, the beneficiaries of the previously probated will required to be served under subsection (e) of Code Section 53-3-13. The petition shall conclude with a prayer for the issuance of an order vacating, setting aside, or amending the earlier probate; the probate of the new will or codicil in solemn form; and the issuance of new letters testamentary. If the then acting executor or administrator, if any, or, if none, the beneficiaries under the previously probated will are sui juris and acknowledge service of the petition and shall, in their acknowledgement, assent thereto, the relief may thereupon issue without further delay. (b) The beneficiaries under the previously probated will shall be represented in such action by the then acting executor or administrator with will annexed, if any; and service of notice upon that administrator or executor in the same manner as provided by law for service on heirs at law under Code Section 53-3-14 shall be the equivalent of service upon such beneficiaries. (c) If there is no then acting executor or administrator with the will annexed, such petition shall be served upon the beneficiaries (as required to be served under subsection (e) of Code Section 53-3-13) of the previously probated will, in the same manner as upon heirs at law under Code Section 53-3-14, unless all such parties assent to the petition." 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. 1602 JOURNAL OF THE HOUSE, On the passage of the Bill, by substitute, the ayes were 106, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 916. By: Representatives Lane of the lllth, Reaves of the 147th, Oliver of the 121st, Godbee of the 110th, Parrish of the 109th, and Phillips of the 120th: A BILL to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Commissioner of Agriculture and the Department of Agriculture, so as to change the maximum amount of administrative pen- alties which may be imposed by the Commissioner of Agriculture for violations of the "Georgia Food 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 116, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 224. By: Representative Burruss of the 20th: A RESOLUTION compensating Ms. Christine Carol Hamby; and for other purposes. The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 224 on page 1, line 20, by removing the amount of $109,500.00 and inserting in lieu thereof the amount of $2,600.00. 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 115, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. HB 940. By: Representatives Dean of the 29th, Ray of the 98th, Dunn of the 73rd, Martin of the 60th, Daugherty of the 33rd, and others: A BILL to amend Code Section 16-10-22 of the Official Code of Georgia Annotated, relating to conspiracy in restraint of free and open competition and conspiracy in restraint of trade in transactions with the state or political subdivisions, so as to provide that persons who are convicted of or who plead guilty to certain violations shall be ineligible to submit a bid on, enter into, or participate in certain contracts for a period of ten years; and for other purposes. The following amendment was read and adopted: Representatives Smyre of the 92nd and Walker of the 115th move to amend HB 940 as follows: "FBivye"s.triking on line 3, page 2, the word "Ten" and inserting in lieu thereof the word The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 130, nays 5. TUESDAY, FEBRUARY 26, 1985 1603 The Bill, having received the requisite constitutional majority, was passed, as amended. HB 214. By: Representative Thompson of the 20th and others: A BILL to amend Code Section 48-5-304 of the Official Code of Georgia Annotated, relating to the approval of county tax digests by the commissioner when appeals are pending, so as to change the amount of property which may be on appeal at the time of digest approval; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 99, nays 1. The Bill, having received the requisite constitutional majority, was passed. HR 197. By: Representatives Phillips of the 120th and Porter of the 119th: A RESOLUTION compensating Sheila J. and Kenneth A. Burns; 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 97, nays 3. The Resolution, having received the requisite constitutional majority, was adopted. HR 101. By: Representatives McKelvey of the 15th, Childers of the 15th, and Smith of the 16th: A RESOLUTION designating the Veterans Memorial Highway; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 97, nays 2. 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 by the requisite constitutional majority the following Bills of the Senate: SB 182. By: Senator Foster of the 50th: A BILL to amend Code Section 40-6-225 of the Official Code of Georgia Annotated, relating to offenses and penalties pertaining to handicapped parking, so as to provide that towing expenses shall be chargeable to the person responsible for payment on the lease or rental agreement if the vehicle is leased or rented; and for other purposes. SB 207. By: Senators Peevy of the 48th and Dawkins of the 45th: A BILL to amend Code Section 20-2-57 of the Official Code of Georgia Annotated, relating to organization of county boards of education, so as to authorize certain exceptions provided by local law; and for other purposes. 1604 JOURNAL OF THE HOUSE, SB 212. By: Senator Hine of the 52nd: A BILL to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to make it unlawful while armed with a firearm or other dangerous weapon to enter upon the lands or premises of another or to enter into certain personal property of another for unlawful purposes; and for other purposes. SB 214. By: Senators Allgood of the 22nd, Holloway of the 12th, and McKenzie of the 14th: A BILL to repeal Article 7 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, known as the "Transportation of Hazardous Materials Act"; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for findings of the General Assembly; to designate a responsible state agency; to provide for the regulation of shippers and carriers of hazardous materials on the public roads of this state; and for other purposes. SB 243. By: Senator Barnes of the 33rd: A BILL to amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to licensing and taxation of billiard rooms, so as to provide that the prohibition against selling and serving alcoholic beverages on the premises of billiard rooms shall not apply to certain eating establishments; and for other purposes. SB 252. By: Senator Cobb of the 28th: A BILL to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to postmortem examinations, so as to change the provisions relating to the duties of the coroner, medical examiner, etc., upon receipt of notice of suspicious or unusual death; to provide procedures for positive identification of dead bodies through dental examinations, under certain circumstances; and for other purposes. SB 253. By: Senators Bowen of the 13th, Garner of the 30th, Kidd of the 25th, and others: A BILL to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to declare the tenth day in February of each year as "Law Enforcement Officer Appreciation Day: in Georgia; and for other purposes. The following Resolution of the House was read: HR 310. By: Representatives Murphy of the 18th and Burruss of the 20th: A RESOLUTION Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly adjourn at 5:00 P.M. on March 1, 1985, and reconvene at 10:00 A.M. on March 4, 1985. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Aaron Y Adams,G Adams.M Aiken YAlford Y Alien Y Andersen Y Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Bannister Y Bargeron Barnett.B Y Barnett.M Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Bolster Y Bostick Y Branch TUESDAY, FEBRUARY 26, 1985 1605 YBray Y Brooks Brown.G Y Brown,J Buck Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Clark,L Colbert Coleman Y Colwell Connell Cooper Y Copelan Couch YCox Y Crawford Y Crosby Y Cummings Y Daugherty Y Davis YDean Y Dixon Y Dobbs Y Dover Dunn Y Edwards Evans Felton Foster Galer Godbee Y Goodwin Y Greene Greer Y Groover Hamilton Y Manner Y Hasty YHays Heard Hill Y Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Y Jackson,J Jackson.N Y Jamieson Y Johnson,!) Y Johnson ,F Johnson,R Johnson.S Y Kilgore Y Kingston Y Lane.D Lane.R Y Lawler Y Lawrence Lawson YLee.C Y Lee,W Y Under YLogan Long YLord Lucas Lupton Y Maddox Y Mangum Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Milam Y Milford Y Moody Y Moore Y Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Richardson Robinson,C Y Robinson.P Ross Y Royal Russell Y Selman Y Shepard Y Sherrod Sinkfield Y Sizemore On the adoption of the Resolution, the ayes were 121, nays 0. The Resolution was adopted. Y Smith,L Y Smith.P Y Smith.T Smyre Y Stancil Steinberg Thomas.C Y Thomas,M Thompson Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Wall Y Ware Y Watson Y Watts White Wilder Y Williams,B Y Williams,J Y Williams,R Wilson YWood Workman Y Yeargin Y Young Murphy,Spkr 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: The Acting Chairman, Representative McDonald of the 12th, assumed the Chair. HB 711. By: Representative Murphy of the 18th: A BILL to amend Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries for clerks of superior courts, so as to change the minimum annual salary; and for other purposes. The following amendment was read and adopted: The Committee on Judiciary moves to amend HB 711 by striking lines 13, 14, and 15 of page 2, which read as follows: "Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.", and inserting in their place the following: "Section 2. This Act shall become effective on January 1, 1986." 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.M Aiken Y Alford Alien Y Anderson Y Argo Athon Y Atkins Auten Y Bailey Y Balkcom N Bannister Bargeron 1606 JOURNAL OF THE HOUSE, YBarnett.B Y Barnett,M Y Beck Y Benefield Y Benn Birdsong Y Bishop Bolster Y Boatick Branch Y Bray Y Brooks Y Brown.G Y Brown,J Y Buck Y Burruss Byrd Y Carter Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B YClark,L Y Colbert Y Coleman Y Colwell YConnell Y Cooper Y Copelan Y Couch Cox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Y Dean Y Dixon Dobbs Y Dover Y Dunn Y Edwards Y Evans N Felton Y Foster Galer Y Godbee Y Goodwin Greene Y Greer Y Groover Hamilton Manner Hasty Y Hays Heard Y Hill Y Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Y Jackson.J Jackson,N Y Jamieson Y Johnson.D Y Johnson.F Johnson.R N Johnson,S Y Kilgore Y Kingston Y Lane.D Y Lane.R Lawler N Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan Long Y Lord Lucas Lupton Y Maddox Y Mangum Y Martin.C Martin,J Y Matthews McDonald N McKelvey McKinney Milam Y Milford Y Moody Y Moore Y Mortpn Mostiler Y Moultrie N Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Ramsey.T N Ramsey.V Randall Y Ransom Y Ray Y Reaves Y Redding Y Richardson Y Robinson.C Robinson.P Y Ross Y Royal Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Smith,P Y Smith.T Smyre Y Stancil Y Steinberg Thomas,C Thomas.M Thompson Townsend Y Triplett Y Twiggs Waddle Y Waldrep Walker.C Y Walker,L N Wall Ware Y Watson Y Watts White Wilder N Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr On the passage of the Bill, as amended, the ayes were 119, nays 9. The Bill, having received the requisite constitutional majority, was passed, amended. Representatives Russell of the 64th, Robinson of the 96th, and Hasty of the 8th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The Speaker assumed the Chair. The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR FEBRUARY 26, 1985 Mr. Speaker and Members of the House: Your Committee on Rules met and submits the following supplemental to the calendar already adopted this February 26, 1985, by adding the following: HB 182 Augusta Judicial Circuit: Add Judge (Reconsider) HB 335 Lookout Mountain Judicial Circuit: Add Judge HB 378 Lease-Purchase Installment Contracts: Regulate HB 407 Health Rules: Public Nuisances: Certain Counties HB 417 Employees' Retirement: County Tax Officials/Emp. HB 584 St. Bd. of Ed.: Attend, of Meetings: Cont. or Post. HB 629 Grim. Justice Coord. Council: Superior Ct. Judge: Add HB 632 Airports: Municipal Territory: Ad Valorem Tax HB 659 Death Certificates: Filing: Voter Registration Off. HB 848 Death Penalty: Lethal Injection HR 102 Georgia's Local Retirement Systems: Analysis TUESDAY, FEBRUARY 26, 1985 1607 HR 218 DeKalb Jr. College: University System of Ga.: Acquis. 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 following Bills and Resolutions of the House were taken up for consideration and read the third time: HB 407. By: Representatives Clark of the 55th, Richardson of the 52nd, Williams of the 48th, Lawrence of the 49th, Williams of the 54th, and others: A BILL to amend Article 1 of Chapter 5 of Title 31 of the Official Code of Georgia Annotated, relating to administration and enforcement of health laws and regulations, so as to provide conditions and procedures for the abatement of public nuisances which are injurious to public health, safety, or comfort in any county of this state having a population of 450,000 or more; and for other purposes. 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 Adam8,G Y Adams.M Y Aiken Y Alford Alien Y Anderson Y Argo Athon Y Atkins YAuten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch Bray Brooks Brown.G Brown,J Buck YBurruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Clark,L Y Colbert Coleman Colwell Y Connell Y Cooper Y Copelan Y Couch YCoi Y Crawford Crosby Y Cummings Daugherty N Davis Dean Y Diion Dobbs Y Dover NDunn Y Edwards Evans Y Felton Foster YGaler Godbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Y Manner Y Hasty YHays Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Jackson.N Y Jamieson Y Johnson.D Y Johnson.F Y Johnson,R Johnson,S Kilgore Y Kingston Y Lane.D Lane.R Lawler Y Lawrence Y Lawson YLee,C YLee.W Y Linder YLogan Long YLord Lucas Lupton Y Maddox N Mangum Y Martin.C Y Martin,J Y Matthews McDonald Y McKelvey McKinney Milam Y Milford Y Moody Y Moore Y Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell YParham Parrish Y Patten Y Peters Pettit Phillips Pinkston Porter Y Rainey Y Ramsey.T Y Ramsey.V RandaU Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson,C Y Robinson.P YRoss Y Royal Y Russell YSelman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith.P Y Smith.T Smyre Y Stancil Y Steinberg Thomas.C Y Thomas,M Y Thompson Townsend Y Triplett Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L YWall Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Williams.R Y Wilson Y Wood Y Workman Y Yeargin Y Young Murphy ,Spkr On the passage of the Bill, the ayes were 128, nays 3. The Bill, having received the requisite constitutional majority, was 1608 JOURNAL OF THE HOUSE, HR 218. By: Representatives Robinson of the 58th, Childs of the 53rd, Mangum of the 57th, Athon of the 57th, Davis of the 45th, Steinberg of the 46th, Workman of the 51st, Redding of the 50th, Williams of the 54th, Richardson of the 52nd, Aaron of the 56th, Williams of the 48th, Alford of the 57th, Clark of the 55th, Linder of the 44th, Morton of the 47th, Lawrence of the 49th, and Murphy of the 18th: A RESOLUTION relative to DeKalb Junior College being acquired by the Board of Regents of the University System 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 follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Bamett.M YBeck Y Benefield Benn Birdsong Y Bishop Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G Brown,J YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark,L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Dobbs Dover YDunn Y Edwards Y Evans Y Felton Y Foster Y Galer N Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson.D Y Johnson,F Y Johnson,K Y Johnson,S Y Kilgore Y Kingston Y Lane.D N Lane,R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder YLogan Long YLord Y Lucas Y Lupton Y Maddoz Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C 01iver,D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,P Y Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Wilson Y Wood Y Workman Y Yeargin Y Young Murphy,Spkr On the adoption of the Resolution, the ayes were 155, nays 2. The Resolution, having received the requisite constitutional majority, was adopted. Representative Dover of the llth stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 632. By: Representative Connell of the 87th: A BILL to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to the acquisition and construction of airports and landing fields by counties or municipalities, so as to provide that lands owned by a municipality for the purposes of Code Section 6-3-20, which lands are located inside the territorial limits of the municipality, when leased to private parties are declared to be used for public purposes; and for other purposes. TUESDAY, FEBRUARY 26, 1985 1609 The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend HB 632 as follows: On Page 2, Line 14, after the word "purposes", delete the language from Line 14 through Line 21, and insert the following: "The Municipality's interest in lands and the facilities located thereon located inside the territorial limits of a municipality which are owned by that municipality for the purposes enumerated in Code Section 6-3-20, are declared to be used for public, governmental, or municipal purposes and are not subject to ad valorem taxation." 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.M Aiken Y Alford Alien Y Anderson Y Argo Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield Benn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G Brown ,J Buck Y Burruss YByrd Y Carter Y Chambless Chance Cheeks Y Childers Y Childs Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Crosby Y Cummings Daugherty Y Davis YDean Dixon Dobbs Y Dover Y Dunn Y Edwards Evans Y Felton Y Foster YGaler Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson.D Y Johnson.F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under YLogan Long YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J N Matthews Y McDonald Y McKelvey McKinney YMilam Milford Y Moody Y Moore N Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Oliver.D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Pettit Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Redding Y Richardson Robinson,C Y Robinson,P YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Watts White Wilder Y Williams,B Y Williams,J Y Williams.R Y Wilson Y Wood Workman Y Yeargin Young Murphy.Spkr On the passage of the Bill, as amended, the ayes were 143, nays 2. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 848. By: Representatives Sizemore of the 136th, Groover of the 99th, Chambless of the 133rd, and Childs of the 53rd: A BILL to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide that the death penalty may be carried out by lethal intravenous infusion; and for other purposes. 1610 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.M Y Aiken Y Alford Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield Benn Y Birdsong Y Bishop Bolster Y Bostick Y Branch Bray N Brooks Y Brown.G Brown,J Buck YBurruss YByrd Y Carter Y Chambless Chance Cheeks Y Childers Y Childs Clark,B Y Clark,L Y Colbert Y Coleman N Colwell Y Connell Y Cooper Y Copelan Y Couch Cox Y Crawford Crosby Y Cummings Daugherty Y Davis NDean Dixon Dobbs Y Dover Y Dunn Y Edwards Y Evans Y Felton Y Foster YGaler YGodbee YGoodwin Y Greene Y Greer Y Groover Y Hamilton Y Banner Y Hasty YHays Y Heard YHill Y Holcomb N Holmes Y Hooks Home N Hudson Y Isakson Y Jackson,J Y Jackson,N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston Y Lane,D N Lane,R Y Lawler Y Lawrence Y Lawson YLee.C Y Lee.W Y Linder YLogan Long YLord N Lucas Y Lupton Y Maddox Y Mangum Y Martin.C N MartinJ Y Matthews Y McDonald Y McKelvey McKinney YMilam Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell YParham Y Parrish N Patten Peters Pettit Phillips Y Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V NRandall Y Ransom YRay Y Reaves Redding Richardson Robinson.C Y Robinson,P YRoss Y Royal Russell On the passage of the Bill, the ayes were 127, nays 15. The Bill, having received the requisite constitutional majority, was N Selman Y Shepard Y Sherrod N Sinkfield Y Sizemore Y Smith,L Y Smith.P Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C N Thomas,M Y Thompson Y Townsend Y Triplett Twiggs Y Waddle Y Waldrep Walker.C Y Walker,L NWall Ware Y Watson Watts White Y Wilder Y WiUiams,B Williams,.] N Williams,R Y Wilson Y Wood Workman Y Yeargin Young Murphy,Spkr The Speaker Pro Tern assumed the Chair. HB 659. By: Representatives Colwell of the 4th and Twiggs of the 4th: A BILL to amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to the filing of death certificates, so as to provide additional requirements for the filing of death certificates; to provide for the furnishing of certain information to county voter registration officers; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to the filing of death certificates, so as to provide additional requirements for the filing of death certificates; to provide for the furnishing of certain information to county voter registration officers; to provide for practices and procedures; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to the filing of death certificates, is amended by adding at the end thereof a new subsection (f) to read as follows: TUESDAY, FEBRUARY 26, 1985 1611 "(f) When death occurs on or after July 1, 1985, in a county other than the county of the residence of the deceased person, a copy of such person's death certificate shall be forwarded as soon as practicable by the department to the custodian of records of the county of the residence of such deceased person. The custodian of records shall file such death certificate as a part of the permanent records of his office. Not later than August 1 of each year, the custodian of records of the county shall furnish to the voter registration officer of the county a list of those persons for whom death certificates have been filed during the preceding 12 month period ending on the thirtieth day of June. Such list shall be used by the local registration officer for the purpose of purging the voter registration list of the county." Section 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Alien Y Anderson YArgo Athon Y Atkins YAuten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield Benn Y Birdsong Y Bishop Bolster Y Bostick Y Branch YBray Brooks Y Brown.G Brown^J Buck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs N Clark.B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch Co* Y Crawford Crosby Cummings Daugherty Y Davis Dean Y Dixon YDobbs Dover YDunn Y Edwards Y Evans Felton Y Foster YGaler YGodbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Hanner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson.D Y Johnson,F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston Y Lane.D YLane,K Y Lawler Y Lawrence Y Lawson Y Lee.C YLee.W Y Under YLogan Long YLord Y Lucas Lupton Y Maddox Y Mangum Y Martin,C Y Martin,J Y Matthews McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Pettit Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson.C Y Robinson.P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Thomas,M Y Thompson Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Watts White Wilder Y Williams,B Williams,J Y Williams,R Y Wilson Y Wood Y Workman Y Yeargin Y Young Murphy ,Spkr 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 substitute. HB 417. By: Representative Johnson of the 72nd: A BILL to amend Code Section 47-2-91 of the Official Code of Georgia Annotated, relating to credit for accumulation of sick and annual leave under the Employees' Retirement System of Georgia, so as to provide that said Code section shall not apply to elected state officials; to define elected state officials; to provide for applicability of said provisions; and for other purposes. 1612 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.M Aiken Alford Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Bargeron Y Barnett,B Y Barnett.M Beck Y Benefield Benn Y Birdsong Y Bishop Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G Brown,J Buck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark,L Y Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Dobbs Dover Y Dunn Y Edwards Evans Y Felton Foster Y Galer YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home N Hudson Isakson Jackson,J Y Jackson,N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane.D YLane,R Y Lawler Y Lawrence Y Lawson YLee,C Y Lee.W Y Linder YLogan Long YLord Y Lucas Y Lupton Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell YParham Parrish Y Patten Y Peters Pettit Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson,C Y Robinson,P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Smith.L Y Smith.P Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Y Ware Y Watson Watts White Y Wilder Y Williams,B Williams,J Y WiUiams,R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy,Spkr On the passage of the Bill, the ayes were 138, nays 1. The Bill, having received the requisite constitutional majority, was passed. HB 584. By: Representative Benefield of the 72nd: A BILL to amend Code Section 9-10-151 of the Official Code of Georgia Annotated, relating to continuances or postponements for attending meetings of the board of regents, so as to include attendance at meetings of the State Board of Education; to amend Code Section 17-8-29 of the Official Code of Georgia Annotated, relating to continuances or postponements for attending meetings of the board of regents, so as to include attendance at meetings of the State Board of Edu- cation; and for other purposes. 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,M Y Aiken Y Alford Alien Y Anderson YArgo Y Athon Y Atkins Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M Beck Y Benefield Benn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Brown.G Brown,J YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L Y Colbert Coleman Y Colwell Connell Y Cooper TUESDAY, FEBRUARY 26, 1985 1613 Y Copelan Y Couch YCoi Y Crawford Y Crosby Y Cummings Daugherty YDavis Dean Y Diion Dobbs Y Dover YDunn Y Edwards Evans Y Felton Y Foster YGaler YGodbee YGoodwin YGreene YGreer Groover Y Hamilton Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Jackson,J Y Jackson,N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Lawler Y Lawrence Y Lawson YLee.C Y Lee.W Y Under YLogan Long YLord Y Lucas Y Lupton Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Pannell YParham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson.C Y Robinson,? Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Watson Watts White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 378. By: Representatives Randall of the 101st, Alien of the 127th, Dean of the 29th, Johnson of the 123rd, Lucas of the 102nd, and others: A BILL to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for the regulation of lease-purchase installment contracts for consumer goods; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to define and regulate certain lease-purchase agreements; to define terms; to specify required and prohibited contractual provisions; to require certain disclosures; to define criminal offenses and declare penalties; to provide for civil remedies; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new Article 23 to read as follows: "ARTICLE 23 10-1-680. This article shall be known and may be cited as the 'Lease-purchase Agreement Act.' 10-1-681. As used in this article, the term: (1) 'Lease-purchase agreement' means an agreement for the use of personal prop- erty by a lessee primarily for personal, family, or household purposes, for an initial period of four months or less that is renewable with each payment after the initial period and that permits the lessee to become the owner of the property. Leasepurchase agreements shall not include any of the following: 1614 JOURNAL OF THE HOUSE, (A) A lease or agreement which constitutes a credit sale as defined in 12 C.F.R. 226.2(a)(16) and Section 1602(g) of the Truth-in-Lending Act, 15 U.S.C. 1601 et seq.; (B) A lease which constitutes a consumer lease as defined in 12 C.F.R. 213.2(a)(6); (C) Any lease for agricultural, business, or commercial purposes; (D) Any lease made to an organization; or (E) A lease or agreement which constitutes a retail installment transaction as defined in paragraph (10) of subsection (a) of Code Section 10-1-2. (2) 'Lessee' means a person who leases property pursuant to a lease-purchase agreement. (3) 'Lessor' means a person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of property under a lease-purchase agreement. (4) 'Period' means a day, week, month, or other subdivision of a year. 10-1-682. (a) A lease-purchase agreement shall be in the form of a written statement which shall include all of the following: (1) A brief description of the leased property, sufficient to identify the property to the lessee and lessor including whether the property is new or previously rented or, if a lease is for multiple items, a description of each item may be provided in a separate statement which is incorporated by reference in the primary disclosure statement; (2) The total amount of any initial payment, including any advance payment, delivery charge, or any trade-in allowance to be paid by the lessee at or before consummation of the lease-purchase agreement; (3) The amount and timing of payments; (4) The amount of all other charges, individually itemized, payable by the lessee to the lessor which are not included in the periodic payments; (5) A statement of the party liable for loss, damage in excess of normal wear and tear, or destruction to the leased property; (6) The lessee's right to reinstate and the amount, or method of determining the amount, of any penalty or other charge for reinstatement as established in Code Section 10-1-686; (7) The party responsible for maintaining or servicing the leased property together with a brief description of this responsibility; (8) A statement of the conditions under which the lessee or lessor may terminate the lease; (9) A statement of the total cost of the lease expressed as the product of the number of payments necessary to acquire ownership of the leased property times the amount of each payment, using the term 'cost of lease'; (10) A statement that the lessee has the option to purchase the leased property during the term of the lease-purchase agreement and, at what price, formula, or by what method the price is determined; (11) A statement that if any part of a manufacturer's warranty continues to cover the leased property at the time the lessee assumes ownership of the property, if allowed by the terms of the warranty, it will be passed on to the lessee; (12) The fair market value of the leased property at the time it is initially leased to the lessee, using the term 'estimated fair market value of the leased property,' provided that in the case of property that has been previously leased the lessor may establish a standard value that may be used in lieu of a specific valuation for an indi- vidual item; and (13) The difference between the amount disclosed under paragraph (9) of this subsection and the amount disclosed under paragraph (12) of this subsection, using the term 'cost of lease services.' (b) All information required by this Code section shall be stated in a clear and coherent manner, using words and phrases of common meaning. The information shall be appropriately divided and captioned by its sections. All numerical amounts and percentages shall be stated in figures. The information shall also be disclosed by the lessor TUESDAY, FEBRUARY 26, 1985 1615 prior to the signing of the lease by the lessee. All of the information required by this Code section shall be provided directly on the lease contract or instrument or on a separate form. The disclosures described in paragraphs (1), (2), (3), (4), (9), (12), and (13) of subsection (a) of this Code section shall be made clearly, conspicuously, and together in sequence and shall be prominently located on the same page of the contract or other instrument evidencing the lease. (c) At the lessor's option, information in addition to that required by this Code section may be disclosed if the additional information is not stated, utilized, or placed in a manner which will contradict, obscure, or distract attention from the required information. 10-1-683. (a) An advertisement for any lease-purchase agreement shall not state that a specific lease of any property at specific amounts or terms is available unless the lessor usually and customarily leases or will lease the property at those amounts or terms. (b) An advertisement for any lease-purchase agreement shall not state that a payment or a periodic payment is due at the start of a lease of a specific item without disclosing both the payment due at the start of the lease, the periodic payment, the cost of lease services, and the total of all periodic payments necessary to obtain ownership. 10-1-684. A lease-purchase agreement shall not contain a provision: (1) Requiring a garnishment of wages or a power of attorney to confess a judg- ment; (2) Granting authorization to the lessor or a person acting on the lessor's behalf to unlawfully enter upon the lessee's premises or to commit any breach of the peace in the repossession of goods; (3) Requiring the lessee to waive any defense, counterclaim, or right of action against the lessor or a person acting on the lessor's behalf (as the lessee's agent on the lessor's behalf or as the lessee's agent) in collection of payments under the lease or in the repossession of goods; (4) Requiring the lessee to agree not to assert against a lessor or against an assignee a claim or defense arising out of the lease; (5) Requiring any collection or repossession charges in excess of those allowable under Code Section 10-1-7 and applicable court rules; or (6) Providing that the lessee cannot return the leased property to the lessor at the end of any term. 10-1-685. (a) A lessor shall not require the purchase of insurance by the lessee from the lessor of a leased item. (b) A lessor shall not impose a penalty for early termination of a lease-purchase agreement or for the return of an item at any point. (c) A lessor shall not impose a fee for in-home collection of a payment unless the lessee has expressly agreed to the fee and the amount of the fee is disclosed. (d) A lessor shall not impose a fee for picking up rental property should the lessee choose to terminate the lease. (e) A lessor shall not impose a fee for making a late payment except the charge for reinstatement as established in Code Section 10-1-686. 10-1-686. (a) A lessee who fails to make timely periodic payments shall have the right to reinstate the original lease-purchase agreement without losing any rights or options previously acquired under the lease-purchase agreement if both of the following apply: (1) The lessee has not missed more than three periodic payments; and (2) One periodic payment has been missed and the lessee has surrendered the item to the lessor, if requested by the lessor, during the time in which payments were missed. (b) A lessee shall not be charged more than one reinstatement fee per missed periodic payment. A reinstatement fee shall equal the outstanding balance of any missed payments plus a charge which shall not exceed $5.00 per missed payment. A delivery fee not to exceed the original delivery fee may be charged if redelivery of an item is necessary. 1616 JOURNAL OF THE HOUSE, (c) If reinstatement occurs pursuant to this Code section, the lessor shall provide the lessee with either the same item leased by the lessee prior to reinstatement or a substitute item of comparable quality and condition. If a substitute item is provided, the lessor shall provide the lessee with all of the information required in Code Section 10-1-682. 10-1-687. (a) Any person who shall willfully and intentionally violate any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00 for the first offense and as for a misdemeanor for each subsequent offense. (b) In case of a violation of any provision of this article, with respect to any transaction, the lessee in such transaction may recover from the person committing the violation, or may set off or counterclaim in any action by such person, actual damages with a minimum recovery of $300.00 or 25 percent of the cost of the lease to acquire ownership, whichever is greater, attorneys' fees, and court costs. However, the lessor shall not be liable for any error in estimating the fair market value required in paragraph (12) of subsection (a) of Code Section 10-1-682 unless said estimate shall be proved to have been made in bad faith. (c) Notwithstanding this Code section, any failure to comply with any provisions in this article may be corrected within ten days after the date of execution of the leasepurchase agreement by the lessee, and, if so corrected, neither the lessor nor any holder is subject to any penalty under this Code section. 10-1-688. No action shall be brought under this article more than four years after the person bringing this action knew or should have known of the occurrence of the alleged violation. 10-1-689. The following form is an example of the form which may be used to satisfy the disclosure requirements of subsection (b) of Code Section 10-1-682, requiring that the disclosures described in paragraphs (1), (2), (3), (4), (9), (12), and (13) of subsection (a) of Code Section 10-1-682 be made clearly, conspicuously, prominently, and together in sequence: LEASE-PURCHASE DISCLOSURES 1. Description of leased property: Item Quantity Serial # Mfg. Model Condition 2. Total payment due at beginning of contract: Lease payment: __ Delivery charge: __ Sales tax: __ Other: __ Total: __ 3. Lease payments 1. You may renew the lease weekly or monthly as you choose. 2. The weekly rental is $__. 3. The monthly rental is $__. 4. Other charges 1. Reinstatement fee $__ 2. (Specify all others) 5. Cost of lease If you renew this lease each week/month for __ weeks/months, you will pay a total of $__ to own this property. This total includes all costs included in the first lease payment. 6. Estimated fair market value of the leased property TUESDAY, FEBRUARY 26, 1985 1617 The estimated fair market value of the property you are leasing is 7. Cost of lease services The difference between the amount in item 5 and item 6 above is $___________. This is the cost of services to you under this lease if you elect to renew this lease for the number of terms necessary to acquire ownership of the leased property. I have read the above statement before signing this agreement. Date:___________ Lessee:____________ Date:___________ Lessee:____________" Section 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Bargeron Y Barnett,B Y Bamett,M YBeck Y Benefield Benn Y Birdsong Y Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G Brown,J YBuck Y Burruss YByrd Y Carter Chambless Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L Y Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch Co Y Crawford Crosby Y Cummings Daugherty NDavis Dean Dixon Dobbs Dover Y Dunn Y Edwards Evans Y Felton Foster YGaler Godbee Y Goodwin Y Greene Greer Y Groover Hamilton Y Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson,N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson,R Y Johnson.S Kilgore Y Kingston Y Lane.D YLane.R Lawler Y Lawrence Y Lawson YLee.C YLee,W Y Under YLogan Long YLord Y Lucas Lupton Maddox Y Mangum Y Martin.C Y Martin,J Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore NMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Pannell Y Parham Y Parrish Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Reaves Redding Richardson Y Robinson.C Y Robinson,P Rosa Y Royal Y Russell Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas,M Y Thompson Townsend Y Triplett YTwiggs Waddle Y Waldrep Walker.C Y Walker,L Y Wall YWare Watson Watts White Y Wilder Y Williams,B Williams,J Y Williams,R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy ,Spkr On the passage of the Bill, by substitute, the ayes were 128, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 629. By: Representatives Walker of the 115th, Smyre of the 92nd, and Benefield of the 72nd: A BILL to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to provide that there shall be an additional member appointed to the council who shall be a superior court judge; and for other purposes. 1618 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.M Y Aiken YAlford AUen Y Anderson YArgo YAthon Y Atkins YAuten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Bamett.M YBeck Y Benefleld Benn Y Birdsong Y Bishop Bolster Y Bostick Y Branch YBray Y Brooks Y Brown,G Brown,J YBuck YBurruss Byid Y Carter Y Chambless Chance Y Cheeks Y Childers YChilds Y Clark,B Y Clark,L Y Colbert Coleman Y Colwell Connell Y Cooper YCopelan Y Couch YCox Y Crawford Crosby Y Cummings Daugherty YDavis Dean Dixon YDobbs Y Dover Y Dunn Y Edwards Y Evans Y Felton Foster YGaler Godbee YGoodwin Greene YGreer Y Groover Hamilton Y Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Ylsakson Y Jackson.J Y Jackson.N Y Jamieson Y Johnson.D Y Johnson,? Y Johnson.R Y Johnson.S Kilgore Y Kingston YLane,D YLane,R Lawler Y Lawrence YLawson YLee,C YLee,W Y Linder YLogan Long YLord Y Lucas Lupton Maddox Y Mangum YMartin.C YMartin,J Y Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell YParham YParrish Y Patten Y Peters Y Pettit Phillips Pinks ton Porter YRainey Ramsey.T YRamsey.V Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson,C Y Robinson.P YRoss Y Royal Y Russell Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith.T Smyre YStancil Y Steinberg Y Thomas.C Y Thomas,M Y Thompson Townsend Y Triplett YTwiggs Waddle Y Waldrep Y Walker.C Y Walker,L N Wall YWare Watson Y Watts White Y Wilder Y Williams.B Y Williams^ Y Williams.R Y Wilson Y Wood Y Workman Yeargin Young Murphy,Spkr On the passage of the Bill, the ayes were 141, nays 1. The Bill, having received the requisite constitutional majority, was passed. HR 102. By: Representative Childs of the 53rd: A RESOLUTION relative to a comparative analysis of Georgia's local retirement systems; 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 roll call was ordered and the vote was as follows: Y Aaron Y Adams,G Y Adams.M Y Aiken YAlford Alien Y Andergon YArgo YAthon Y Atkins YAuten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M Beck Y Benefleld Benn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Brown,G Brown.J YBuck YBurruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y ClarkJB Y Clark,L Colbert Coleman Y ColweU Connell Y Cooper YCopelan Y Couch YCox Y Crawford Crosby Y Cummings Daugherty YDavis YDean Dixon YDobbs Y Dover YDunn Y Edwards Y Evans Y Felton Y Foster YGaler Y Godbee YGoodwin Y Greene YGreer Y Groover Y Hamilton Y Manner TUESDAY, FEBRUARY 26, 1985 1619 Y Hasty YHays Y Heard YHiU Y Holcomb Y Holmes Y Hooks Home Y Hudson Ylsakson Y JacksonJ Y Jackson.N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson.R Y Johnson.S Kilgore Y Kingston YLane,D YLane.R Y Lawler Y Lawrence YLawson YLee.C YLee.W Y Under YLogan Long YLord Y Lucas Lupton Maddox Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Y Pettit Phillips Pinkston Porter Y Rainey Ramsey.T Y Ramsey.V Randall Y Ransom YRay Reaves Y Redding Y Richardson Robinson,C Y Robinson.P YRoss Y Royal Y Russell YSelman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Smith.T Smyre Y Stancil Y Steinberg Thomas.C Y Thomas,M Y Thompson Townsend Y Triplett YTwiggs Waddle Y Waldrep Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts White Y Wilder Y Williams,B Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr On the adoption of the Resolution, the ayes were 143, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR FEBRUARY 26, 1985 Mr. Speaker and Members of the House: Your Committee on Rules met and submits the following supplemental to the calendar already adopted this February 26, 1985, by adding the following: HB 409 Income Tax: Assessment: Time Limitation 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 following Bill of the House was taken up for consideration and read the third time: HB 409. By: Representatives Crosby of the 150th, Kilgore of the 42nd, Wilson of the 20th, Thompson of the 20th, and Williams of the 6th: A BILL to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to specify periods of time within which taxes may be assessed against persons subject to assessment; to specify general periods of time applicable to all taxes not otherwise expressly provided for; and for other purposes. 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.O Y Adama.M Y Aiken Y Alford Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Bailey Y Balkcom Y Bannister Y Bargeron 1620 JOURNAL OF THE HOUSE, Y Barnett.B Y Barnett,M Y Beck Benefield Y Benn Y Birdsong Y Bishop Bolster Y Bostick Y Branch Y Bray Y Brooks Y Brown.G Brown,J Buck YBurruss Y Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch Y Cox Y Crawford Y Crosby Y Cummings Y Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Evans Y Felton Y Foster Y Galer Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Hanner Y Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson.R Y Johnson,S Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under Y Logan Long Y Lord Y Lucas Lupton Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V RandaU Y Ransom Y Ray Reaves Y Redding Y Richardson Robinson.C Y Robinson.P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,? Y Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Thomas.M Y Thompson Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy.Spkr On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees: SB 33. By: Senator Kidd of the 25th: A BILL to amend Code Section 40-6-391.1 of the Official Code of Georgia Annotated, relating to entry of plea of nolo contendere to a charge of violating Code Section 40-6-391 involving driving under the influence of alcohol or drugs, so as to provide that any person shall be authorized to enter a plea of nolo contendere without the assistance of an attorney at law; and for other purposes. Referred to the Committee on Motor Vehicles. SB 122. By: Senator Deal of the 49th: A BILL to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to persons before whom offenses bailable and bail in misdemeanor cases, so as to provide that persons who are arrested for a violation of subsection (a) of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, shall not be released on bail until their faculties are no longer impaired because of the influence of alcohol or drugs; and for other purposes. Referred to the Committee on Motor Vehicles. SB 144. By: Senator Bond of the 39th: A BILL to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments by insurers, so as to provide that insurers may invest in securities issued by the African Development Bank; and for other purposes. Referred to the Committee on Banks & Banking. TUESDAY, FEBRUARY 26, 1985 1621 SB 183. By: Senator Reddish of the 6th: A BILL to amend Article 2 of Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to procedure for appeals to the superior courts, so as to change the provisions relating to the term at which appeals to the superior courts shall be tried; and for other purposes. Referred to the Committee on Special Judiciary. SB 249. By: Senator Fincher of the 54th: A BILL to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding probate courts, so as to authorize the appointment of chief clerks by judges of the probate court and provide that, upon a vacancy occurring in the office of judge of the probate court, such chief clerks shall assume the duties of that office; and for other purposes. Referred to the Committee on Special Judiciary. SB 257. By: Senator Greene of the 26th: A BILL to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to change the provisions relative to the payment of examination expenses; to change requirements relative to the maintenance of reserves required for accident and sickness insurance policies; to change provisions relative to annual statements by sponsors of prepaid legal services plans; and for other purposes. Referred to the Committee on Insurance. SB 182. By: Senator Foster of the 50th: A BILL to amend Code Section 40-6-225 of the Official Code of Georgia Annotated, relating to offenses and penalties pertaining to handicapped parking, so as to provide that towing expenses shall be chargeable to the person responsible for payment on the lease or rental agreement if the vehicle is leased or rented; and for other purposes. Referred to the Committee on Judiciary. SB 207. By: Senators Peevy of the 48th and Dawkins of the 45th: A BILL to amend Code Section 20-2-57 of the Official Code of Georgia Annotated, relating to organization of county boards of education, so as to authorize certain exceptions provided by local law; and for other purposes. Referred to the Committee on Education. SB 212. By: Senator Hine of the 52nd: A BILL to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to make it unlawful while armed with a firearm or other dangerous weapon to enter upon the lands or premises of another or to enter into certain personal property of another for unlawful purposes; and for other purposes. Referred to the Committee on Game, Fish & Recreation. SB 214. By: Senators Allgood of the 22nd, Holloway of the 12th, and McKenzie of the 14th: A BILL to repeal Article 7 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, known as the "Transportation of Hazardous Materials Act"; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for findings of the General Assembly; to designate a responsible state agency; to 1622 JOURNAL OF THE HOUSE, provide for the regulation of shippers and carriers of hazardous materials on the public roads of this state; and for other purposes. Referred to the Committee on Industry. SB 243. By: Senator Barnes of the 33rd: A BILL to amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to licensing and taxation of billiard rooms, so as to provide that the prohibition against selling and serving alcoholic beverages on the premises of billiard rooms shall not apply to certain eating establishments; and for other purposes. Referred to the Committee on Regulated Beverages. SB 252. By: Senator Cobb of the 28th: A BILL to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to postmortem examinations, so as to change the provisions relating to the duties of the coroner, medical examiner, etc., upon receipt of notice of suspicious or unusual death; to provide procedures for positive identification of dead bodies through dental examinations, under certain circumstances; and for other purposes. Referred to the Committee on Health & Ecology. SB 253. By: Senators Bowen of the 13th, Garner of the 30th, Kidd of the 25th, and others: A BILL to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to declare the tenth day in February of each year as "Law Enforcement Officer Appreciation Day" in Georgia; and for other purposes. Referred to the Committee on Public Safety. SB 270. By: Senator Reddish of the 6th: A BILL to amend an Act creating a new charter for the City of Jesup, so as to change the provisions relating to the election of the mayor and other members of the board of commissioners; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SR 176. By: Senator Bryant of the 3rd: A RESOLUTION authorizing the Georgia Department of Defense and the Georgia Department of Veterans Service to design and strike the Georgia Medal of Honor; and for other purposes. Referred to the Committee on Defense & Veterans Affairs. Representative Burruss of the 20th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed. The Speaker Pro Tern announced the House adjourned until 9:30 o'clock, tomorrow morning. WEDNESDAY, FEBRUARY 27, 1985 1623 Representative Hall, Atlanta, Georgia Wednesday, February 27, 1985 The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker. By unanimous consent, the call of the roll was dispensed with. Prayer was offered by the Reverend Nelson L. Price, Pastor, Roswell Street Baptist Church, Marietta, Georgia. Representative Balkcom of the 140th, 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 committees: HB 1066. By: Representatives Branch of the 137th, Reaves of the 147th, Hudson of the 117th, and Greene of the 130th: A BILL to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for operation of motor vehicles which exceed size and weight limitations, so as to provide that such permits may be issued for certain vehicles transporting hay bales; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1067. By: Representatives Porter of the 119th and Coleman of the 118th: A BILL to amend an Act consolidating the office of tax receiver and tax collector of Laurens County into the office of tax commissioner of Laurens 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. 1624 JOURNAL OF THE HOUSE, HB 1068. By: Representative Pinkston of the 100th: A BILL to amend an Act known as "Macon-Bibb County Water & Sewerage Authority Act Amended"; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1069. By: Representatives Byrd of the 153rd and Moody of the 153rd: A BILL to amend an Act providing a new charter for the City of Hazlehurst, so as to establish and define wards within the City of Hazlehurst for the purpose of electing members of the board of commissioners; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1070. By: Representatives Sherrod of the 143rd, Long of the 142nd, and Royal of the 144th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation and powers and administration of the Thomasville Payroll Development Authority; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1071. By: Representatives Sherrod of the 143rd, Long of the 142nd, and Royal of the 144th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the selection and service of the board of education and the school superintendent of Thomas County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1072. By: Representative Groover of the 99th: A BILL to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act", so as to authorize said authority to undertake certain projects; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1073. By: Representative Thompson of the 20th: A BILL to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions pertaining to sales and use taxation, so as to provide that the terms "retail sale" and "sale at retail" shall include sales of tangible personal property to persons for resale in vending machines; and for other purposes. Referred to the Committee on Ways & Means. HB 1074. By: Representatives Logan of the 67th, Bray of the 91st, and Argo of the 68th: A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide certain conditions under which no person shall be deemed to have gained or lost a residence by reason of such person's presence or absence; to provide for consideration by the registrars of an applicant's expressed intent and all attendant surrounding circumstances relating to such intent and conduct; and for other purposes. Referred to the Committee on State of Republic. HB 1075. By: Representatives Ware of the 77th, Shepard of the 71st, Mostiler of the 75th, and Bray of the 91st: A BILL to provide a new charter for the City WEDNESDAY, FEBRUARY 27, 1985 1625 of Grantville; to provide for the corporate limits of said city; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1076. By: Representatives Dover of the llth and Jamieson of the llth: A BILL to amend an Act creating a new charter for the City of Clarkesville in the County of Habersham, so as to change the date of election of certain officials; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1077. By: Representatives Dover of the llth and Jamieson of the llth: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the election of members of the Board of Education of White County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1078. By: Representatives Dover of the llth and Jamieson of the llth: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating a body corporate and politic to be known as the "White County Industrial Building Authority"; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1079. By: Representatives Lawrence of the 49th, Robinson of the 58th, Alford of the 57th, Clark of the 55th, Williams of the 48th, and others: A BILL to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, so as to change the 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. HR 312. By: Representatives Lee of the 70th, Thomas of the 69th, and Shepard of the 71st: A RESOLUTION creating the Carroll County Government Authority Study Commission; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 320. By: Representative Hamilton of the 124th: A RESOLUTION creating a House Study Committee to Study the Establishment of a Uniform Opening Date for the School Calendar Year; 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 1021 HB 1022 HB 1023 HB 1024 HB 1025 HB 1026 HB 1027 HB 1028 HB 1029 HB 1030 HB 1031 HB 1032 HB 1033 HB 1034 HB 1035 HB 1036 1626 JOURNAL OF THE HOUSE, HB 1037 HB 1038 HB 1039 HB 1040 HB 1041 HB 1042 HB 1043 HB 1044 HB 1045 HB 1046 HB 1047 HB 1048 HB 1049 HB 1050 HB 1051 HB 1052 HB 1053 HB 1054 HB 1055 HB 1056 HB 1057 HB 1058 HB 1059 HB 1060 HB 1061 HB 1062 HB 1063 HB 1064 HB 1065 HR 299 HR 301 SB 33 SB 122 SB 144 SB 183 SB 249 SB 257 SB 182 SB 207 SB 212 SB 214 SB 243 SB 252 SB 253 SB 270 SR 176 Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. Speaker: Your Committee on Motor Vehicles has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 35 Do Pass Respectfully submitted, Jackson of the 9th 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 Senate and has instructed me to report the same back to the House with the following recommendations: SR 17 Do Pass, as Amended SR 94 Do Pass, by Substitute 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: WEDNESDAY, FEBRUARY 27, 1985 1627 Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 825 Do Pass HB 912 Do Pass HB 915 Do Pass HB 943 Do Pass HB 948 Do Pass HB 952 Do Pass HB 964 Do Pass, as Amended HB 971 Do Pass HB 973 Do Pass HB 974 Do Pass HB 975 Do Pass HB 976 Do Pass HB 978 Do Pass HB 979 Do Pass HB 980 Do Pass HB 981 Do Pass HB 982 Do Pass HB 983 Do Pass HB 984 Do Pass HB 985 Do Pass HB 986 Do Pass HB 987 Do Pass HB 988 Do Pass HB 989 Do Pass HB 990 Do Pass HB 992 Do Pass HB 993 Do Pass HB 994 Do Pass HB 995 Do Pass HB 996 Do Pass HB 997 Do Pass HB 998 Do Pass HB 999 Do Pass HB 1000 Do Pass HB 1001 Do Pass HB 1002 Do Pass HB 1003 Do Pass HB 1006 Do Pass HB 1008 Do Pass HB 1009 Do Pass HB 1010 Do Pass HB 1011 Do Pass HB 1012 Do Pass HB 1013 Do Pass HB 1014 Do Pass HB 1015 Do Pass HB 1016 Do Pass HB 1017 Do Pass HB 1018 Do Pass HB 1019 Do Pass HB 1020 Do Pass SB 218 Do Pass, by Substitute SB 226 Do Pass SB 237 Do Pass SB 250 Do Pass Respectfully submitted, Adams of the 36th Chairman Representative Triplett of the 128th District, Chairman of the Committee on Transportation, submitted the following report: Mr. Speaker: Your Committee on Transportation has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation: SR 118 Do Pass, as Amended Respectfully submitted, Triplett of the 128th Chairman Representative Buck of the 95th District, Chairman of the Committee on University System of Georgia, submitted the following report: Mr. Speaker: 1628 JOURNAL OF THE HOUSE, Your Committee on University System of Georgia 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 185 Do Pass Respectfully submitted, Buck of the 95th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 27, 1985 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 34th Legislative Day as enumerated below: SB 10 Private Employment Agencies Act: Repeal SB 12 Certain Labor Department: Eliminate Statutory Req. SB 26 Aggravated Battery Upon Correctional Officer: Define SB 54 Public Off./Emp.: Contracts With Agencies: Exception SB 75 Sentencing: Victim Impact Statement SB 84 Residents Absent From Certain Facilities: Missing Person SB 90 Habeas Corpus: Judge Hold Proceeding at Institution SB 91 Contracts: Retainage Amount SB 92 Funeral Directors: Examination: Amend Provisions SB 121 Education: Surrogate Parents: Immunity from Liability SB 125 Motor Vehicle Insurance: Counties/Municipalities SB 155 Georgia Building Authority Police: Provide SR 9 Baldwin County: Convey Property SR 18 Southern Regional Ed. Compact: Admit Oklahoma SR 106 Emanuel County: Convey Property 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 of the House and Senate were taken up for consideration and read the third time: HB 825. By: Representative McKinney of the 35th: A BILL to amend an Act creating the City of Atlanta and Fulton County Recreation Authority, so as to change the provisions relating to the definition of the word "project"; to change the provisions relating to the purposes of the Authority; to authorize the City of Atlanta and Fulton County to contract with 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. WEDNESDAY, FEBRUARY 27, 1985 1629 HB 912. By: Representative Selman of the 32nd: A BILL to amend an Act providing a new charter for the City of Union City, so as to provide for the appointment of an associate judge of the municipal 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 915. By: Representatives Bolster of the 30th, Sinkfield of the 37th, and Dean of the 29th: A BILL to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to change the provisions relating to the special district for library services within that portion of the City of Atlanta lying within DeKalb County; to change the provisions relating to the ad valorem tax within such special 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 943. By: Representatives Moody of the 153rd and Byrd of the 153rd: A BILL to amend an Act reincorporating and providing a new charter for the City of Baxley, so as to change the composition of the city council and the method of electing 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 948. By: Representative Smith of the 78th: A BILL to amend an Act creating the board of commissioners of Butts County, so as to provide for a fivemember 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 952. By: Representative Lord of the 107th: A BILL to amend an Act providing a new charter for the City of Tennille, so as to provide for city 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. 1630 JOURNAL OF THE HOUSE, HB 964. By: Representatives Thomas of the 69th, Lee of the 70th, and Shepard of the 71st: A BILL to provide for a special election to determine whether the members of the board of education of the Carroll County school district shall be elected rather than appointed; and for other purposes. The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend HB 964 by striking from line 43 of page 4 the following: "creek", and inserting in its place the following: "an unnamed branch which serves as the boundary between the Temple and Central Point Voting Precincts". By striking from line 32 of page 6 the following: "creek", and inserting in its place the following: "branch which serves as the boundary between the Clem and Whitesburg Voting Precincts" By striking from line 34 of page 6 the following: "creek", and inserting in its place the following: "branch which serves as the boundary between the Lowell and Whitesburg Voting Precincts". By inserting between lines 49 and 50 of page 6 the following: "That part of Block 502 south of an unnamed branch which serves as the boundary between the Temple and Central Point Voting Precincts." By inserting on line 62 of page 6 immediately following "Railroad" the following: "and south of an unnamed branch which serves as the boundary between the Clem and Whitesburg Voting Precincts". By striking from line 3 of page 7 the following: "creek", and inserting in its place the following: "branch which serves as the boundary between the Lowell and Whitesburg Voting Precincts". 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 971. By: Representative Hudson of the 117th: A BILL to create a board of commissioners of Bleckley County as the governing authority of Bleckley WEDNESDAY, FEBRUARY 27, 1985 1631 County; to provide for a 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 to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 973. By: Representative Barnett of the 10th: A BILL to amend an Act creating the Etowah-Forsyth Water Authority, so as to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain sewage systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other 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 974. By: Representative Barnett of the 10th: A BILL to provide for the compen- sation of the chairman and members of the board of education of Forsyth County; 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 975. By: Representative Carter of the 146th: A BILL to amend an Act creating a board of commissioners of Cook County, so as to change the manner in which members of the board of commissioners are elected; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 976. By: Representatives Cox of the 141st and Long of the 142nd: A BILL to abolish the present mode of compensating the judge of the Probate Court of Decatur County, known as the fee system; to provide in lieu thereof 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. 1632 JOURNAL OF THE HOUSE, HB 978. By: Representatives Smith of the 16th, McKelvey of the 15th, and Childers of the 15th: A BILL to amend an Act known as the "Floyd County Merit System Act," so as to provide for additional exemptions from coverage under the merit system; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 979. By: Representatives Smith of the 16th, McKelvey of the 15th, and Childers of the 15th: A BILL to provide for investigators for the office of the district attorney of 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 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 980. By: Representatives Smith of the 16th, Childers of the 15th, and McKelvey of the 15th: A BILL to amend an Act providing for the method of filling vacancies in the membership of the Hospital Authority of Floyd County, so as to change the method of filling such vacancies; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 981. By: Representative Ross of the 82nd: A BILL to amend an Act providing for a board of commissioners of Warren County, so as to change the provisions relating to the compensation and expense allowance of the chairman of the board of commissioners; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 982. By: Representatives Matthews of the 145th and Royal of the 144th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the assessment and collection of license fees and occupational taxes by the board of commis- sioners of Colquitt 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. WEDNESDAY, FEBRUARY 27, 1985 1633 The Bill, having received the requisite constitutional majority, was passed. HB 983. By: Representatives Matthews of the 145th and Royal of the 144th: A BILL to amend an Act re-creating the board of commissioners of Colquitt County, so as to change the method of election of the 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 984. By: Representatives Mostiler of the 75th and Johnson of the 76th: A BILL to amend an Act creating a board of commissioners of Spalding County, so as to implement the results of the "straw ballot" election held in Spalding County, wherein a majority of those voting expressed their desire to increase the membership of the board of commissioners of said county from three to five members; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 985. By: Representatives Mostiler of the 75th and Johnson of the 76th: A BILL to provide for the salary and compensation of the chief magistrate of the Magistrate Court of Spalding 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 986. By: Representatives Dobbs of the 74th and Stancil of the 66th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Newton County Industrial 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 987. By: Representative Smith of the 78th: A BILL to amend an Act providing for the Magistrate Court of Lamar County, so as to provide for the collection of additional costs as law library fees; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 1634 JOURNAL OF THE HOUSE, On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 988. By: Representative Smith of the 78th: A BILL to amend an Act providing for the Magistrate Court of Butts County, so as to provide for the collection of additional costs as law library fees; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 989. By: Representative Royal of the 144th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment establishing the Downtown Camilla Development Authority and providing for its powers, duties, and responsibilities; and for other purposes. The report 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 990. By: Representative Royal of the 144th: A BILL to amend an Act incorporating the City of Sale City in Mitchell County, so as to provide for 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 992. By: Representatives Buck of the 95th, Robinson of the 96th, Smyre of the 92nd, Galer of the 97th, Moultrie of the 93rd, and Bishop of the 94th: A BILL to amend an Act creating the Muscogee County School District, so as to change the provisions relative to public art galleries; to authorize the sale of property used for public art galleries and museum under certain conditions; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 993. By: Representatives Dunn of the 73rd and Smith of the 78th: A BILL to provide for the election of the members of the Board of Education of Henry County from districts; to provide for residence requirements; and for other purposes. WEDNESDAY, FEBRUARY 27, 1985 1635 The report 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 994. By: Representatives Dunn of the 73rd and Smith of the 78th: A BILL to provide for the creation of one or more community improvement districts in Henry County and in each municipality therein; and for other purposes. The report 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 995. By: Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st, and Ware of the 77th: A BILL to provide for the nonpartisan nomination and election of the judge of the Magistrate Court of Coweta 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 996. By: Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st, and Ware of the 77th: A BILL to amend an Act providing for the composition of the Board of Education of Coweta County and for the election and terms of office of the members thereof, so as to make technical corrections in and to clarify certain provisions 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 997. By: Representatives Pannell of the 122nd, Alien of the 127th, Triplett of the 128th, Mueller of the 126th, Kingston of the 125th, and Hamilton of the 124th: A BILL to amend an Act creating the State Court of Chatham County, so as to change certain provisions relating to costs and fees; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 998. By: Representative Crawford of the 5th: A BILL to amend an Act creating the State Court of Chattooga County, so as to provide for the compensation of the judge and solicitor of the court; and for other purposes. 1636 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 999. By: Representative Crawford of the 5th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to allocation to the Chattooga County School District and to the City of Trion for the use of the Trion Independent School District of the proceeds of any local sales and use tax levied within Chattooga 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 1000. By: Representative Crawford of the 5th: A BILL to provide that the members of the members of the Chattooga County Board of Education shall be compensated in the manner and in the amounts specified by the general law of this state; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1001. By: Representative Crawford of the 5th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to homestead exemptions from municipal ad valorem taxation for elderly residents of the Town of Trion; and for other purposes. The report 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 1002. By: Representatives Dover of the llth and Jamieson of the llth: A BILL to amend an Act to abolish the present mode of compensating the clerk of the Superior Court of White County, known as the fee system, so as to change the provisions relating to employment and compensation of deputies and other employees; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. WEDNESDAY, FEBRUARY 27, 1985 1637 HB 1003. By: Representatives Milford of the 13th and Clark of the 13th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation, powers, authority, funds, purposes, and procedures of the Hart County Industrial Building 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 1006. By: Representatives Buck of the 95th, Robinson of the 96th, Moultrie of the 93rd, Galer of the 97th, and Smyre of the 92nd: A BILL to repeal an Act providing an annual salary for the coroner in all counties of this state having a population of not less than 165,000 or more than 175,000 according to the United States decennial census of 1970 or any future such census in lieu of all fees or other emoluments; and for other purposes. The report 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 1008. By: Representatives Mueller of the 126th, Triplett of the 128th, Kingston of the 125th, Hamilton of the 124th, and Johnson of the 123rd: A BILL to amend an Act providing for the appointment of members of the board of the Chatham County Hospital Authority, so as to provide for a limitation on the terms of office which may be served by 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 1009. By: Representatives Lawler of the 20th, Cooper of the 20th, Thompson of the 20th, Wilson of the 20th, and Burruss of the 20th: A BILL to amend an Act reincorporating the City of Marietta, so as to de-annex and exclude certain property from 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 1010. By: Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, and Johnson 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 other members of the board; and for other purposes. 1638 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 1011. By: Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Holcomb of the 72nd, and Benefield of the 72nd: A BILL to amend an Act creating the State Court of Clayton County, so as to increase the salary of the solicitor of said court; to provide that the governing authority of Clayton County shall pay to the solicitor of said court a sum equal to the contributions required for solicitors under the Trial Judges and Solicitors Retirement Fund; and for other purposes. The report 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 1012. By: Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, and Johnson of the 72nd: A BILL to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges; and for other purposes. The report 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 1013. By: Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, and Holcomb 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 of said court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1014. By: Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, and Johnson of the 72nd: A BILL to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement; and for other purposes. The report 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. WEDNESDAY, FEBRUARY 27, 1985 1639 The Bill, having received the requisite constitutional majority, was passed. HB 1015. By: Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, and Johnson 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. The report 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 1016. By: Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, and Johnson 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; and for other purposes. The report 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 1017. By: Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, and Johnson of the 72nd: A BILL to amend an Act known as the "Clayton County Civil Service System Act," so as to change the provisions relating to the compensation of the members of the civil service 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 1018. By: Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, and Johnson of the 72nd: A BILL to amend an Act providing for 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. HB 1019. By: Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, and Johnson of the 72nd: A BILL to amend an Act consolidating the offices of tax receiver and tax collector 01 Clayton County into the office of tax commissioner, so as to change the provisions relative to the compensation of the tax commissioner; and for other purposes. 1640 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 1020. By: Representatives Smith of the 152nd, Byrd of the 153rd, and Moody of the 153rd: A BILL to amend an Act abolishing the present mode of compensating the clerk of the superior court, the judge of the probate court, and the tax commissioner of Brantley County, known as the fee system, and providing in lieu thereof annual salaries for such officers, so as to change the provisions relating to the compensation of such officers; and for other purposes. The report 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 218. By: Senator Dawkins of the 45th: A BILL to amend an Act placing the sheriff of Rockdale County upon an annual salary, so as to authorize the sheriff to appoint such deputies, clerks, investigators, and other employees as he shall deem necessary to assist him in discharging the official duties of his office; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act placing the sheriff of Rockdale County upon an annual salary, approved February 18, 1966 (Ga. L. 1966, p. 2039), as amended, particularly by an Act approved March 4, 1977 (Ga. L. 1977, p. 2848), so as to authorize the sheriff to appoint such deputies, clerks, investigators, and other employees as he shall deem necessary to assist him in discharging the official duties of his office; to provide that the sheriff shall recommend to the governing authority of Rockdale County the number of such personnel needed by his office, together with suggested compensation to be paid each employee; to authorize the governing authority to fix the compensation to be received by each employee in the sheriffs office; 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 Rockdale County upon an annual salary, approved February 18, 1966 (Ga. L. 1966, p. 2039), as amended, particularly by an Act approved March 4, 1977 (Ga. L. 1977, p. 2848), is amended by striking Section 4 and Section 5 in their entirety and substituting in lieu thereof a new Section 4 to read as follows: "Section 4. The sheriff shall have the authority to appoint such deputies, clerks, investigators, and other employees as he shall deem necessary to discharge the official duties of his office efficiently and effectively and in no event shall the sheriff appoint fewer deputies, clerks, investigators, and other employees than that number so employed on January 1, 1985. 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 compensation 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 WEDNESDAY, FEBRUARY 27, 1985 1641 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." Section 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 226. By: Senators Barnes of the 33rd, Harrison of the 37th, Tolleson of the 32nd, and Brantley of the 56th: A BILL to amend an Act changing the compensation of the clerk of superior court, the sheriff, and the probate judge of Cobb County from the fee system to the salary system, so as to fix the salary of the chief deputy to the sheriff 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. SB 237. By: Senators Barnes of the 33rd, Harrison of the 37th, Brantley of the 56th, and Tolleson of the 32nd: A BILL to provide for the creation of one or more community improvement districts in Cobb County and in each municipality therein; and for other purposes. The report 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 250. By: Senator McKenzie of the 14th: A BILL to provide for the board of education for the Macon 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. 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: 1642 JOURNAL OF THE HOUSE, SB 132. By: Senators Timmons of the llth, Bowen of the 13th, and McKenzie of the 14th: A BILL to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to hospital care of indigent and elderly patients, so as to change provisions relating to hospital care for indigent pregnant women in active labor; to provide that hospitals shall be required to furnish care and counties shall be liable for the cost of care for women in active labor who are in the seventh or later month of pregnancy; and for other pur- poses. SB 258. By: Senators Horton of the 17th, Barker of the 18th, Bond of the 39th, and Allgood of the 22nd: A BILL to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts in con- junction with the sale or distribution of alcoholic beverages, so as to prohibit and restrict certain acts in conjunction with the sale of alcoholic beverages by the drink for consumption on the premises; and for other purposes. SB 263. By: Senators Tysinger of the 41st and Scott of the 2nd: A BILL to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to authorize and require the commission to make certain prudency determinations relating to certain nuclear power generating facilities for certain purposes; to provide for rules and regulations establishing criteria for prudency determinations; and for other purposes. SB 264. By: Senators Peevy of the 48th and Brown of the 47th: A BILL to add one additional judge of the superior court for the Piedmont Judicial Circuit; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges for each judicial circuit, so as to provide for the ini- tial appointment and subsequent election of said judge; and for other purposes. SB 267. By: Senators Howard of the 42nd, Fincher of the 54th, and Kidd of the 25th: A BILL to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, so as to provide for license expiration and renewal and to require pharmacists to obtain continuing pharmaceutical education as a condition for renewing their pharmacist license; to provide for approved correspondence courses; and for other purposes. SB 268. By: Senator McGill of the 24th: A BILL to amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of food service establishments, so as to change the definition of the term "food service establishment"; to change the provisions relating to enforcement of this article and inspection of food service establishments; and for other purposes. SB 269. By: Senators Gillis of the 20th, Barnes of the 33rd, and Dean of the 31st: A BILL to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Industrial Authority, so as to provide a definition of the word "may"; to provide for the power of the authority relating to the issuance of revenue bonds, bonds, notes, or other obligations; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate: WEDNESDAY, FEBRUARY 27, 1985 1643 SR 168. By: Senator Reddish of the 6th: A RESOLUTION authorizing the conveyance of certain state owned real property located in Brantley County, Georgia, to the Brantley County Board of Commissioners; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the House: HB 604. By: Representative Oliver of the 121st: A BILL to amend an Act creating a board of commissioners for Tattnall County, so as to provide for a Board of Commissioners of Tattnall County; and for other purposes. HB 798. By: Representative Heard of the 43rd: A BILL to amend an Act creating and incorporating Peachtree City, so as to change the provisions on the power of the mayor to vote on questions before the city council; to change the provisions relating to vetoes by the mayor; and for other purposes. HB 781. By: Representative Heard of the 43rd: A BILL to provide that the school superintendent of the Fayette County School District shall be appointed by the board of education rather than elected; to provide that the current school superintendent shall serve out the term for which he was elected; and for other purposes. HB 791. By: Representatives Thomas of the 69th and Lee of the 70th: A BILL to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the judge and solicitor; to provide that the judge shall be a full-time judge; and for other purposes. HB 817. By: Representatives Matthews of the 145th and Royal of the 144th: A BILL to amend an Act creating the State Court of Colquitt County, so as to change the provisions relating to the salary of the judge and the solicitor of said court; and for other purposes. HB 838. By: Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st, and Ware of the 77th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes the City of Newnan and its Board of Water, Sewerage, and Light Commission to combine and operate the city's water, sewerage, electricity systems; and for other purposes. HB 839. By: Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st, and Ware of the 77th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which designates the Board of Water, Sewerage, and Light Commission of the City of Newnan as the sole operational governing authority of the utility systems of the City of Newnan; and for other purposes. HB 843. By: Representatives Colwell of the 4th and Twiggs of the 4th: A BILL to amend an Act providing for vacancies on the board of the Union County Hospital Authority, so as to change the manner of filling vacancies and to provide for terms of office; and for other purposes. HB 844. By: Representatives Colwell of the 4th and Twiggs of the 4th: A BILL to amend an Act to reincorporate the City of Blairsville in the County of Union, so as to change the month in which city council organizational meetings are 1644 JOURNAL OF THE HOUSE, held; to change certain provisions regarding the transfer of executions; and for other purposes. HB 853. By: Representative Cummings of the 17th: A BILL to amend an Act creating the Polk County Water Authority, so as to change the provisions relating to the compensation of members of the authority; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolutions of the House: HR 261. By: Representatives Childs of the 53rd, Murphy of the 18th, Couch of the 40th, and others: A RESOLUTION commending the Georgia participants in the Summer Games of the 1984 Olympics and inviting them to appear before the General Assembly; and for other purposes. HR 154. By: Representative Redding of the 50th: A RESOLUTION urging the governing authorities of the cities and counties of this state to regulate roadside vendors; and for other purposes. The Senate recedes from its amendment to the following Bill of the House: HB 254. By: Representatives Reaves of the 147th, Walker of the 115th, Long of the 142nd, Hudson of the 117th, Royal of the 144th, and others: A BILL to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Agricultural Exposition Authority Overview Committee as a joint committee of the General Assembly; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House: HB 456. By: Representatives Ware of the 77th, Hooks of the 116th, Bargeron of the 108th, Groover of the 99th, Wood of the 9th, and Colbert of the 23rd: A BILL to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding the transaction of insurance, so as to provide for jurisdiction of certain providers of health care benefits; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bill of the House: HB 622. By: Representatives Buck of the 95th and Coleman of the 118th: A BILL to amend Part 5 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, so as to authorize medical student loans in an amount to be determined by the State Medical Education Board; to provide for conditions of liability under loans or scholarship contracts; and for other purposes. The Senate has adopted the report of the Committee of Conference on the following Bill of the House: HB 36. By: Representatives Lane of the 27th, Greer of the 39th, Adams of the 36th, Clark of the 55th, Redding of the 50th, and Couch of the 40th: A BILL to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to add two new members to the Board of Directors of the Authority; to provide for additional residency requirements; and for other purposes. WEDNESDAY, FEBRUARY 27, 1985 1645 By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees: SB 132. By: Senators Timmons of the llth, Bowen of the 13th, and McKenzie of the 14th: A BILL to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to hospital care of indigent and elderly patients, so as to change provisions relating to hospital care for indigent pregnant women in active labor; to provide that hospitals shall be required to furnish care and counties shall be liable for the cost of care for women in active labor who are in the seventh or later month of pregnancy; and for other purposes. Referred to the Committee on Health & Ecology. SB 258. By: Senators Horton of the 17th, Barker of the 18th, Bond of the 39th, and Allgood of the 22nd: A BILL to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts in conjunction with the sale or distribution of alcoholic beverages, so as to prohibit and restrict certain acts in conjunction with the sale of alcoholic beverages by the drink for consumption on the premises; and for other purposes. Referred to the Committee on Regulated Beverages. SB 263. By: Senators Tysinger of the 41st and Scott of the 2nd: A BILL to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to authorize and require the commission to make certain prudency determinations relating to certain nuclear power generating facilities for certain purposes; to provide for rules and regulations establishing criteria for prudency determinations; and for other purposes. Referred to the Committee on Industry. SB 264. By: Senators Peevy of the 48th and Brown of the 47th: A BILL to add one additional judge of the superior court for the Piedmont Judicial Circuit; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges for each judicial circuit, so as to provide for the initial appointment and subsequent election of said judge; and for other purposes. Referred to the Committee on Judiciary. SB 267. By: Senators Howard of the 42nd, Fincher of the 54th, and Kidd of the 25th: A BILL to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, so as to provide for license expiration and renewal and to require pharmacists to obtain continuing pharmaceutical education as a condition for renewing their pharmacist license; to provide for approved correspondence courses; and for other purposes. Referred to the Committee on Health & Ecology. SB 268. By: Senator McGill of the 24th: A BILL to amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of food service establishments, so as to change the definition of the term 1646 JOURNAL OF THE HOUSE, "food service establishment"; to change the provisions relating to enforcement of this article and inspection of food service establishments; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. SB 269. By: Senators Gillis of the 20th, Barnes of the 33rd, and Dean of the 31st: A BILL to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Industrial Authority, so as to provide a definition of the word "may"; to provide for the power of the authority relating to the issuance of revenue bonds, bonds, notes, or other obligations; and for other purposes. Referred to the Committee on Natural Resources. SR 168. By: Senator Reddish of the 6th: A RESOLUTION authorizing the conveyance of certain state owned real property located in Brantley County, Georgia, to the Brantley County Board of Commissioners; and for other purposes. Referred to the Committee on State Institutions & Property. The following Resolution of the House was read and referred to the Committee on Rules: HR 311. By: Representatives Waldrep of the 80th and Anderson of the 8th: A RESOLUTION commending Mrs. Mary Lou Holland Jordan and inviting her to appear before the House of Representatives; and for other purposes. Representative Selman of the 32nd moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House: HB 815. By: Representatives Selman of the 32nd, Lane of the 27th, Adams of the 36th, and Couch of the 40th: A BILL to amend Code Section 21-2-501 of the Official Code of Georgia Annotated, relating to a majority vote as a prerequisite for nomination or election and the holding of run-off primaries or elections when no candidate receives a majority vote, so as to provide that a run-off primary or election shall be held on the twenty-second day after the date of holding the preceding primary or election if the twentieth day after the day of holding such primary or election is a holiday; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Adams,M Y Aiken Y Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey Balkcom N Bannister Bargeron N Barnett.B Barnett.M YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Brooks Brown.G Brown ,J YBuck Burruss YByrd Y Carter Chambless Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark,L N Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Dixon Y Dobbs Dover Dunn Y Edwards Evans Felton Y Foster Y Galer YGodbee N Goodwin Y Greene Y Greer Y Groover Y Hamilton Banner Y Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks Y Home Y Hudson N Isakson WEDNESDAY, FEBRUARY 27, 1985 1647 Y JacksonJ Jackson.N N Jamieson Johnson,D Y Johnson.F Y Johnson,R Y Johnwn.S Y Kilgore N Kingston Lane,D Lane.R Y Lawler Y Lawrence YLawson NLee,C YLe,W Linder YLogan YLong Lord Y Lucas N Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Matthews McDonald Y McKelvey McKinney NMilam Y Milford Moody Y Moore Y Morton Mostiler Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell Y Parham Parrish N Patten Y Peters Pettit Y Phillips Pinkston Porter Rainey Ramsey.T YRamsey.V Randall Ransom YRay Reaves Y Redding Richardson Robinson,C On the motion, the ayes were 101, nays 17. The motion prevailed. Y Robinson,P YRoss Y Royal Y Russell Y Selman Shepard Y Sherrod Sinkfield Y Sizemore N Smith,L Y Smith,P Smith.T Smyre Y Stancil Y Steinberg N Thomas.C Thomas.M Thompson N Townsenti Y Triplett Y Twiggs N Waddle Y Waldrep Walker.C Y Walker,L N Wall Ware Y Watson Y Watts White Wilder N Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Workman Y Yeargin Young Murphy.Spkr The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto: HB 172. By: Representatives Triplett of the 128th, Birdsong of the 104th, Godbee of the 110th, Foster of the 6th, Lane of the lllth, and others: A BILL to amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to enact the "Georgia Rail Passenger Authority Law"; to create the Georgia Rail Passenger Authority; and for other purposes. The following Senate amendment was read: Amend HB 172 by adding on line 6 of page 1 after the word and symbol "bonds;" the following: "to provide that the issuance of any bond, revenue bond, note, or other obligation or the incurring of any debt by the authority must, prior to such, be approved by the Georgia State Financing and Investment Commission;". By adding between line 6 and line 7 of page 16 the following: "(j) The issuance of any bond, revenue bond, note, or other obligation or the incurring of any debt by the authority must, prior to such, be approved by the Georgia State Financing and Investment Commission established by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor." Representative Cheeks of the 89th moved that the House agree to the Senate amendment to HB 172. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams.G YAdams,M Y Aiken YAlford Y Alien Y Andenon YArgo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G Brown^l YBuck YBurruss NByrd Y Carter Chambless Chance 1648 JOURNAL OF THE HOUSE, Y Cheeks Y Childers Childs Y Clark.B Y Clark.L Colbert Coleman Y Colwell Connell Cooper Y Copelan Y Couch YCox Y Crawford Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Dobbs Dover Dunn Y Edwards Evans Y Felton Foster YGaler YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Hanner Y Hasty YHays Y Heard Y Hill Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J Jackson.N Y Jamieson Y Johnson.D Y Johnson.F Y Johnson.R Y Johnson.S Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Linder Y Logan YLong YLord Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Matthews McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore N Morton Y Mostiler Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell On the motion, the ayes were 128, nays 2. The motion prevailed. Y Parham Y Parrish Y Patten Peters Pettit Y Phillips Pinkston Y Porter Rainey Ramsey.T Y Ramsey.V Randall Y Ransom Ray Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P YRoss Y Royal Y Russell Y Selman Shepard Y Sherrod Sinkfield Y Sizemore Y Smith.L Y Smith,? Smith,T Smyre Y Stancil Y Steinberg Y Thomas.C Thomas.M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Ware Y Watson Watts White Y Wilder Y Williams.B Y WilliamsJ Y Williams.R Wilson Y Wood Workman Y Yeargin Young Murphy.Spkr HB 244. By: Representatives Rainey of the 135th, Twiggs of the 4th, Oliver of the 121st, Peters of the 2nd, and Hays of the 1st: A BILL to amend Code Section 27-2-25.1 of the Official Code of Georgia Annotated, relating to the suspension of hunting licenses for negligent hunting, so as to amend the procedures for the administrative hearings on such suspensions; and for other purposes. The following Senate amendment was read: Amend HB 244 by striking the period after the word "mail" on line 27 of page 2 and inserting in lieu thereof the following: "j with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. Upon such notice, any such hunting privileges shall be revoked by such notice and such person shall surrender his or her hunting license, if any, to the department within ten days of such notification. For the purposes of this chapter, notice given by certified mail with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice." By striking the following from lines 30 through 34 of page 2: "Upon receipt of such notice, such hunting privileges shall be immediately suspended and such person shall immediately surrender his or her hunting license, if any, to the department." The following amendment was read and adopted: Representative Rainey of the 135th moves to amend the Senate amendment to HB 244 by adding at the end thereof the following: WEDNESDAY, FEBRUARY 27, 1985 1649 "By striking the word 'he' where it appears in line 17 and in line 22 of page 2 and inserting in lieu thereof in said line 17 and line 22 the following: 'the commissioner'". Representative Rainey of the 135th moved that the House agree to the Senate amendment, as amended by the House, to HB 244. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Bamett,B Y Barnett,M YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Brown.G Brown,J YBuck Y Burruss Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark,L Colbert Coleman Y Colwell Connell Cooper Y Copelan Y Couch Cox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover YDunn Y Edwards Evans Y Felton Y Foster YGaler Y Godbee YGoodwin Greene Y Greer Y Groover Hamilton Manner Y Hasty YHays Y Heard YHill Holcomb Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Jackaon,N Y Jamieson Y Johnson.D Y Johnson,? Y Johnson,R Y Johnnon.S Y Kilgore Y Kingston Lane.D Y Lane,R Y Lawler Y Lawrence Y Lawson Lee.C Y Lee.W Linder YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Matthews McDonald On the motion, the ayes were 129, nays 0. The motion prevailed. Y McKelvey McKinney YMilam Y Milford Y Moody Moore YMortpn Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V Randall Ransom YRay Y Reaves Y Redding Richardson Y Robinson.C Y Robinson,P Ross Y Royal Y Russell Y Selman Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L Y Smith.P Y Smith,T Smyre Y Stancil Y Steinberg Thomas.C Y Thomas,M Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker ,L YWall Ware Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Williams.R Wilson Y Wood Y Workman Y Yeargin Y Young Murphy.Spkr HB 827. By: Representative Cox of the 141st: A BILL to amend an Act reincorporating the City of Donalsonville, so as to change the composition of the council; and for other purposes. The following Senate amendment was read: Amend HB 827 by striking from Section 2 on line 9 of page 3 the words "Seminole County" and inserting in lieu thereof the words "the City of Donalsonville". Representative Cox of the 141st moved that the House agree to the Senate amendment to HB 827. On the motion, the ayes were 103, nays 0. 1650 JOURNAL OF THE HOUSE, The motion prevailed. HB 90. By: Representatives Walker of the 115th, Jackson of the 9th, Porter of the 119th, Benefield of the 72nd, and Smyre of the 92nd: A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to revise certain Code sections relating to criminal penalties, administrative sanctions, procedures, and other related matters for the offense of driving under the influence of alcohol or drugs and of other serious traffic offenses; and for other purposes. The following Senate substitute was read: A BILL To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that persons under 21 years of age shall be issued a distinctive driver's license; to delete certain provisions relating to conditional drivers' licenses for minors; to provide that the provisions relating to chemical tests for alcohol and drugs shall apply anywhere within the state; to provide for and specify the time period within which previous offenses shall be considered for determining criminal punishment and administrative sanctions for violations of certain serious traffic offenses; to provide that the five-year period of time which must elapse between the time a revoked license of a habitual violator is surrendered or received by the department and the time such person may apply for a new driver's license shall be reduced by a period of time equal to that period of time which elapses between the date the person surrenders his driver's license to the court after conviction for the offense for which the person is declared a habitual violator and the date the department receives such license from the court; to provide for the revocation of probationary drivers' licenses; to provide that in certain situations pleas of nolo contendere by persons under 18 years of age shall constitute convictions; to provide for the suspension of the drivers' licenses of persons who commit serious traffic offenses and against whom points are assessed and to provide the conditions which shall be met prior to the reinstatement of such licenses; to change the tuition charged to attend defensive driving courses; to authorize persons who are convicted of certain offenses to have their licenses reinstated upon completion of alcohol or drug courses; to change the driver's license restoration fee set forth in this article to conform to the driver's license restoration fee set elsewhere in this chapter; to authorize the commissioner to impose a civil fine on driver improvement clinics which violate provisions of laws and rules and regulations applicable to such clinics; to provide procedures relative thereto; to provide that the provisions relating to the duty of drivers to stop and return to the scene of accidents, the duty upon striking an unattended vehicle, and the duty upon striking a fixture shall apply upon the highways of this state and at certain other specified locations;to change the penalties for persons convicted of failing to stop and return to the scene of accidents and eluding police officers and to authorize certain courts to impose such penalties regardless of charter limitations; to change the definition of serious injury by vehicle; to provide that pleas of nolo contendere shall constitute convictions for the purpose of imposing certain sentences; to authorize certain individuals who are probation officers or other officials or employees of the probation division of the Department of Offender Rehabilitation and the spouses of such individuals to continue, after June 1, 1985, to own, operate, instruct at, or be employed by driver improvement clinics; to authorize persons who are authorized or required to attend a driver improvement clinic or program to attend any certified driver improvement clinic or program and to prohibit any judicial officer, probation officer, law enforcement officer, or other officer or employee of a court from specifying a particular driver improvement clinic or program which such person may or shall attend; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 27, 1985 1651 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-5-26, relating to minors, and inserting in lieu thereof a new Code Section 40-5-26 to read as follows: "40-5-26. (a) The application of any person under the age of 18 years for an instruction permit or driver's license shall be signed and verified by the father, mother, or guardian of the applicant before a person authorized to administer oaths or, in the event there is no parent or guardian, by another responsible adult. (b) The department shall, by rule and regulation, provide that all licenses issued to applicants under 19 21 years of age shall be so designed as to be readily distinguishable from all other licenses issued to other applicants. After having attained 19 21 years of age, the holder of any such distinctive license may obtain a new license which shall not be distinctive. Such new license shall be obtained in the same manner and under the same conditions and limitations as are provided in Code Section 40-5-32, relating to renewals of licenses. (c^ 1 ne drivers licenses of persons H? or ~rr years old snail DC issued on tne condi" tion that tnc Holder or any sucn license snail not commit any oiiensc enumerated m vjodc oCcoon 4u O"O4 or tne oiicnsc OB speeding wncn tnc cnargc ts lor speeding 350 or mere mites per how in excess ef the speed limit. Per the purposes ef this Code section, ft forfeiture i bail or Dondj an accepteu plea Or guilty^ or dn accepted plea of nolo con* BO of more miles per hour m excess of tfee speed limit; snail constitute ft cowvie* {d)--Upon receiving a record ef the holder ef a distinctive conditional license being convicted for sat offense specified in subsection {e} ef this Code section, the department shall suspend the distinctive conditional license for one year when the conviction is for a first offcnsc. However, after 3 minimum ef 66 days has expired following the surrender ef th license under subsection {0 ef this Code section, tpe application being made te wnose license is suspended ftas completed an &pppoved deteusive driving course or art approveu Dasic alcohol oif dfii course it trie ortense wfls dPivm^ under tne influence ot siconoi or drugs tnd upon tne psyment ot restopfltion fee ot Jpio.v/Uj tne depflrtment nnfty reinstate the distinctive conditional driver's license. {e) Upon receiving a reeord of tfee holder of & distinctive conditional license being convicted fof a second time tor an offense specified m suosection \c/ ot tins oode section, the department shall revefce the distinctive conditional license. T-he peried efrevocation shall begin en the date the distinctive conditional license is surrendered te tne court as provided ift suosection (f) ot inis Oode section and end on tne etgnteentn birthday ef the person whose distinctive conditional license was revoked er 90 days after tne date ot tne surrender ot tne license, wfticnever is later. {f) Whenever the holder ef a distinctive conditional driver's license is convicted ef an offensc requiring suspension or revocation of the license under subsection {d) or {e) ef to rt ot tne distinc11ve conditional driver s license tnen neld oy tne person so con* vieted, and tne court snail forward tne same, together, witn tne uniform citation form authorized by Article 1 ef Chapter IS ef this title, te th* department within 16 days after the conviction. he provisions ef Code Section 40-6-63 shall apply te the surrender ef licenses ndf this subsection. " Section 2. Said title is further amended by striking Code Section 40-5-55, relating to implied consent to certain tests, and inserting in lieu thereof a new Code Section 40-5-55 to read as follows: "40-5-55. (a) The State of Georgia considers that the persons who are under the influence of alcohol or drugs while operating a motor vehicle or who have a blood alcohol content of 0.12 percent or greater while operating a motor vehicle constitute a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a motor vehicle upon the highways of or elsewhere throughout this 1652 JOURNAL OF THE HOUSE, state shall be deemed to have given consent, subject to Code Section 40-6-392, to a chemical test or tests of his blood, breath, or urine or other bodily substances, for the purpose of determining the alcoholic or drug content of his blood if arrested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a motor vehicle upon the highways ef or elsewhere throughout this state in violation of Code Section 40-6-391. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered. (b) Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (a) of this Code section, and the test or tests may be administered, subject to Code Section 40-6-392. (c) If a person under arrest refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given; but the department, upon the receipt of a sworn report of the law enforcement officer that he had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle upon the highways ef or elsewhere throughout this state in violation of Code Section 40-6-391 and that the person had refused to submit to the test upon the request of the law enforcement officer, shall in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and except as otherwise provided in this Code section, notify the person that his license is to be suspended, subject to review as provided for in this chapter. (d) The person so notified may request a hearing within ten days from the date of receipt of notice sent by certified mail. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as -is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. If no hearing is requested within the ten days specified above, the right to a hearing shall have been waived and the license of the driver shall be suspended. (e) If the suspension is sustained after such a hearing, the person whose license has been suspended under this Code section shall have a right to file for a judicial review of the department's final decision, as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; while such appeal is pending, the order of the department shall not be stayed." Section 3. Said title is further amended by striking subparagraph (c)(l)(B) of Code Section 40-5-57, relating to suspension and revocation of licenses, and inserting in lieu thereof a new subparagraph (B) to read as follows: "(B) The commissioner shall suspend the driver's license of any person who has accumulated a violation point count of 15 or more points in any consecutive 24 month period^ as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained. A second or subsequent plea of nolo contendere, within the preceding five years2 as measured from the dates of previous arrests for which pleas of nolo contendere were accepted to the date of the most current arrest for which a plea of nolo contendere is accepted, to a charge of committing an offense listed in this subsection shall be considered a conviction for the purposes of this Code section. At the end of the period of suspension, the violation point count shall be reduced to zero points." Section 4. Said title is further amended by adding between Code Section 40-5-57 and Code Section 40-5-58 a new Code Section 40-5-57.1 to read as follows: "40-5-57.1. (a) Any person who has such points assessed against him as to require the suspension of his license pursuant to Code Section 40-5-57 shall have his license suspended as follows: WEDNESDAY, FEBRUARY 27, 1985 1653 (1) Upon a first assessment of the requisite points, the period of suspension shall be one year, provided that at any time after 60 days of suspension, such person may apply to the department for the return of his license; (2) For a second assessment of the requisite points within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained, the period of suspension shall be three years, provided that at any time after 90 days of suspension, such person may apply to the department for the return of his license; and (3) For a third assessment of requisite points within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. (b) The periods of suspension provided for in this Code section shall begin on the date the license is surrendered to and received by the department, or from the date a license is surrendered to a court under any provision of this chapter, whichever date shall first occur. If the license cannot be surrendered to the department, the period of suspension shall begin on the date an affidavit setting forth the reasons for such impossibility is accepted by the department. (c) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance, and the driver shall pay a fee of $25.00 for the return of his license. (d) The commissioner may, before returning a license to a person prior to the full period of a suspension, require such person to maintain and present proof of present and future minimum motor vehicle insurance coverage as defined in paragraph (8) of Code Section 40-5-1 for a period not to exceed the remaining full period of suspension. If a person who is required to maintain present and future motor vehicle insurance coverage ceases to maintain such coverage, that person's license shall become immediately suspended without further action by the department and the person shall forthwith surrender his license to the department. The license shall remain suspended until present and future minimum motor vehicle insurance coverage is restored or no longer required. The department shall establish by rules and regulations the method and manner by which present and future minimum motor vehicle insurance coverage shall be proved and maintained, provided that when the full period of suspension has run, the license shall unconditionally be returned to the driver." Section 5. Said title is further amended by striking subsections (a) and (b) of Code Section 40-5-58, relating to revocations of licenses of habitual violators, and inserting in lieu thereof new subsections (a) and (b) to read as follows: "(a) As used in this Code section, 'habitual violator' means any person who has been arrested and convicted within the United States: (1) Three or more times within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, of: (A) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle; (B) Homicide by vehicle in the first or second degree; (C) Committing any offense covered under Code Sections 40-6-391 through 40-6-395 or of violating a federal law or regulation or the law of any other state or of a valid municipal or county ordinance substantially conforming to any offense covered under Code Sections 40-6-391 through 40-6-395; (D) Operating a vehicle after cancellation, suspension, or revocation of his operator's license under any law of this state or any law of any other state or any valid municipal or county ordinance substantially conforming to or paralleling the law of this state; 1654 JOURNAL OF THE HOUSE, (E) Making a false affidavit to the department or under any law of this state requiring the registration of motor vehicles or regulating their operation on the highways or making a false statement to the department on any application for an operator's license; (F) Using a fraudulent or fictitious license; (G) While in a motor vehicle, fleeing or attempting to elude a police officer; (H) Any crime punishable as a felony under this chapter or any other felony in the commission of which a motor vehicle is used; (I) Failure to stop and disclose his identity at the scene of the accident on the part of a driver of a motor vehicle involved in an accident resulting in damage to the property of another or resulting in the death of, or injury to, another; or (J) Singularly or in combination, any of the offenses described in subparagraphs (A) through (I) of this paragraph, both inclusive; or (2) Fifteen or more times within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, of moving traffic offenses as contained in Chapter 6 of this title, including those covered in paragraph (1) of this subsection, or in the law of any other state, or in a valid municipal or county ordinance substantially conforming to or paralleling a similar law of Georgia, which offenses are required to be reported to the department, and the commission of which offenses, singularly or in combination with any other offense or offenses, statutorily requires the cancellation, suspension, or revocation of any operator's license by the department, or the commission of which offenses, singularly or in combination with any other offense or offenses, authorizes a court or the department to impose suspension or revocation of a driver's license. (b) When the records of the department disclose that any person has been arrested and convicted of a violation of Chapter 6 of this title, or of a valid local ordinance adopted pursuant thereto, of an offense occurring on or after January 1, 1976, which record of arrest and conviction, when taken with and added to previous arrests and convictions of such person ef offenses occurring within five yeats prior te the date ef such offcnsca, as contained in the files of the department, reveals that such person is a habitual violator as defined in subsection (a) of this Code section, the department shall forthwith notify such person that upon the date of notification such person has been declared by the department to be a habitual violator, and that henceforth it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. Notice shall be given by certified mail, with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. In the event that at the time of determination the habitual violator had been issued a driver's license, such license shall be revoked by such notice and shall be surrendered to the department within ten days of notification of such determination. For the purposes of this chapter, notice given by certified mail with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice." Section 6. Said title is further amended by striking subparagraph (e)(6)(B) of Code Section 40-5-58, relating to revocations of licenses of habitual violators, and inserting in lieu thereof a new subparagraph to read as follows: "(B) Any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, any state law or local ordinance relating te the movement ef vehicles involving an offense listed in Code Section 40-5-54 or Code Section 40-6-391 or any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, the conditions endorsed on his license, shall have his license revoked by the department. Any court in which such conviction is had or in which said nolo contendere plea is accepted shall require the licensee to surrender the license to the court. The court shall forward the license to the department within ten days after the conviction or acceptance of the plea, with a copy of the conviction. Any person whose probationary license is revoked for committing an offense listed in Code WEDNESDAY, FEBRUARY 27, 1985 1655 Section 40-5-54 or Code Section 40-6-391 shall not be eligible to apply for a regular driver's license until the expiration of the original five-year suspension period during which the probationary license was originally issued or for a period of two years following the conviction, whichever is greater." Section 7. Said title is further amended by striking subsection (a) of Code Section 40-5-63, relating to periods of suspension, which reads as follows: "(a) Any person who is convicted of an offense listed in Code Section 40-5-54 or has such points assessed against him as to require the suspension of his license pursuant to Code Section 40-5-57 shall, except as provided in subsection (f) of this Code section, have his license suspended as follows: (1) Upon a first conviction of any such offense or assessment of the requisite points, the period of suspension shall be one year, provided that at any time after 60 days of suspension such person may apply to the department for the return of his license; (2) For a second conviction of any such offense or assessment of the requisite points within five years, the period of suspension shall be three years, provided that at any time after 90 days of suspension such person may apply to the department for the return of his license; (3) For a third assessment of requisite points or third conviction of any such offense within five years, such person shall be considered a habitual violator, and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For the purposes of this paragraph, all accepted pleas of nolo contendere shall be considered convictions.", and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Any person who is convicted of an offense listed in Code Section 40-5-54 shall, except as provided in subsection (f) of this Code section, have his license suspended as follows: (1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for one year. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Prior to such reinstatement, the person shall have completed a course of instruction as provided for in subsection (a) of Code Section 40-5-84 and shall have complied with any other requirements imposed by this Code section. For purposes of this subparagraph, a plea of nolo contendere by a person who is under 18 years of age at the time of arrest shall constitute a conviction; (2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Prior to such reinstatement, the person shall have completed a course of instruction as provided for in subsection (b) of Code Section 40-5-84 and shall have completed any other requirements imposed by this Code section. For purposes of this subparagraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; or (3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this subparagraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period shall constitute a conviction." 1656 JOURNAL OF THE HOUSE, Section 8. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 40-5-62, relating to periods of revocation of drivers' licenses, and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) (A) Five Except as provided in subparagraph (B) of this paragraph, five years from the date on which the revoked license was surrendered to and received by the department pursuant to a person's having been declared a habitual violator under Code Section 40-5-58*. (B) Effective for all licenses revoked after July 1^ 1980, the five-year period provided for in subparagraph (A) of this paragraph shall be reduced by a period of time equal to that period of time which elapses between the date the person surrenders his driver's license to the court after conviction for the offense for which the person is declared a habitual violator and the date the department receives such license from the court; or". Section 9. Said title is further amended by striking subsection (a) of Code Section 40-5-64, relating to limited driving permits, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Notwithstanding any contrary provisions of Code Section 40-5-57j 40-5-57.1, or 40-5-63 or any other Code sections of this chapter, any person may apply for a limited driving permit when and only when that person's driver's license has been suspended pursuant te accumulating tt er mere points for traffic violations in any 24 mentfe period in accordance with Code Section 40-5-57.1 or paragraph (1) of subsection (a) of Code Section 40-5-63." Section 10. Said title is further amended by striking subsection (b) of Code Section 40-5-70, relating to suspension of drivers' licenses for certain offenses, and inserting in lieu thereof a new subsection (b) to read as follows: "(b) (1) The driver's license of any person convicted of violating Code Section 40-6-391 shall be suspended as follows: (A) Upon the first conviction, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for one year. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if the person submits proof of completion of a certified and approved basic alcohol or drug course from an approved driver improvement clinic and pays a restoration fee of $25.00. For the purposes of this subparagraph only, an accepted plea of nolo contendere by a person 18 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall not be considered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the Department of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under subparagraphs (B) and (C) of this paragraph; (B) Upon the second conviction within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if the person submits proof of completion of a certified and approved advanced alcohol or drug program from an approved driver improvement clinic and pays a restoration fee of $25.00. For the purposes of this subparagraph, a plea of nolo WEDNESDAY, FEBRUARY 27, 1985 1657 contenders and all prior accepted pleas of nolo contendere within five yearSj as measured from the dates of previous arrests for which convictions were obtained or pleas of nglo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; and (C) Upon the third conviction within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be a habitual violator, and his license shall be indefinitely suspended pending revocation. The Department of Public Safety shall revoke such person's driver's license as provided in Code Section 40-5-58 and Code Section 40-5-62. For the purposes of this subparagraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere within five years2 as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions. (2) Notwithstanding the provisions of paragraph (1) of this subsection which provide for the early reinstatement of a person's driver's license, the Department of Public Safety shall not reinstate the driver's license during any period of suspension imposed under subsection (b) of Code Section 40-5-63." Section 11. Said title is further amended by striking subsection (a) of Code Section 40-5-71, relating to limited driving permits, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Any person convicted of violating Code Section 40-6-391 who has not previously been convicted of violating said Code section within the preceding five yearSj as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction was obtained, and who has not had his driver's license suspended under Code Section 40-5-72 may apply to the Department of Public Safety for a limited driving permit." Section 12. Said title is further amended by striking Code Section 40-5-83, relating to driver improvement and alcohol or drug clinics, and inserting in lieu thereof a new Code Section 40-5-83 to read as follows: "40-5-83. The commissioner shall establish criteria for the approval of driver improvement clinics and programs. To be approved, a clinic shall provide and operate a defensive driving course, an advanced defensive driving course, a professional defensive driving course, a basic alcohol or drug course, an advanced alcohol or drug program, advanced professional alcohol or drug treatment, or any combination thereof. Clinics shall be composed of uniform education and training programs designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, duration of courses, qualifications of instructors, fees, attendance requirements for students, and examinations. No approved clinic shall charge a fee of more than $40.00 for a basic alcohol or drug course or an advanced alcohol or drug program. No approved clinic shall charge a fee of more than $16.00 $40.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic by the department. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college." Section 13. Said title is further amended by striking Code Section 40-5-84, relating to reinstatement of licenses, and inserting in lieu thereof a new Code Section 40-5-84 to read as follows: "40-5-84. (a) The license of any person whose license is suspended for the first time as a result of the conviction of an offense listed in Code Section 40-5-54 or as a restilt ef the assessment of points pursuant to Code Section 40-6-67 shallj at the expiration of 1658 JOURNAL OF THE HOUSE, 120 days following the date the license is suspended, be reinstated by the department immediately upon receipt by the department of a certificate of completion of an approved defensive driving course or an approved basic alcohol or drug course and the payment of a restoration fee of $20.00 $25.00. (b) The license of any person whose license is suspended for the second time as a result of the conviction of an offense listed in Code Section 40-5-54 or as a result f the assessment of points pursuant to Code Section 40-6-67, shal!2 at the expiration of 120 days following the date the license is suspended, be reinstated by the department immediately upon receipt by the department of a certificate of completion of an advanced defensive driving course or an approved advanced alcohol or drug course and the payment of a restoration fee of $20.00 $25.00. (c) The license of any person whose license is suspended for the first time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an approved defensive driving course or an approved basic alcohol or drug course and the payment of a restoration fee of $25.00. (d) The license of any person whose license is suspended for the second time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an advanced defensive driving course or an approved advanced alcohol or drug course and the payment of a restoration fee of $25.00." Section 14. Said title is further amended by adding immediately following Code Section 40-5-87 a new Code Section 40-5-88 to read as follows: "40-5-88. As an alternative to criminal or other civil enforcements, the commissioner, in order to enforce this article or any orders, rules, or regulations promulgated pursuant thereto, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person, firm, or corporation has violated any provisions of this article or any regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this article or any order, rules, or regulations promulgated pursuant thereto." Section 15. Said title is further amended by striking Code Section 40-6-3, relating to areas in which the uniform rules of the road apply, and inserting in lieu thereof a new Code Section 40-6-3 to read as follows: "40-6-3. The provisions of this chapter relating to the operation of vehicles refer to the operation of vehicles upon highways except: (1) Where a different place is specifically referred to in a given Code section; (2) The provisions of this chapter shall apply to a vehicle operated at shopping centers or parking lots or similar areas which although privately owned are customarily used by the public as through streets or connector streets; WEDNESDAY, FEBRUARY 27, 1985 1659 (3) The provisions of this chapter relating to reckless driving, driving in violation of Code Section 40-6-391, and homicide by vehicle shall apply to vehicles operated upon highways and elsewhere throughout the state; and (4) The provisions of Code Sections 40-6-270, 40-6-272, and 40-6-273 shall apply upon the highways of this state, in all parking areas, and in all areas which are customarily open to the public and within 200 feet of all such highways, parking areas, and areas customarily open to the public." Section 16. Said title is further amended by striking Code Section 40-6-270, relating to duty of drivers to stop and return to scene of accidents, and inserting in lieu thereof a new Code Section 40-6-270 to read as follows: "40-6-270. (a) The driver of any vehicle involved in an accident resulting in injury to or death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident^ and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Code Section 40-6-271. Every such stop shall be made without obstructing traffic more than is necessary. (b) (1) Any person knowingly failing to stop or comply with the requirements of this Code section shall be guilty of a misdemeanor? and: (A) Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; (B) Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes ^>f this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and (C) Upon the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions. (2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. (c) If the payment of the fine required under subsection (b) of this Code section will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section. (d) Notwithstanding the limits set forth in any municipal charter, any recorder's, mayor's, or police court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section." Section 17. Said title is further amended by striking subsection (c) of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, and inserting in lieu thereof a new subsection (c) to read as follows: "(c) Every person convicted of violating this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows: (1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years2 as measured from the dates of previous arrests for which convictions were obtained or pleas 1660 JOURNAL OF THE HOUSE, of nolo contenders were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and (B) A period of imprisonment of not less than ten days nor more than one year, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated; (2) For the second conviction within a five-year period of time^ as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and (B) (i) A period of imprisonment of not less than 90 days nor more than one year. The judge, at his sole discretion and under such terms and conditions as he shall impose, may suspend, stay, or probate all but 48 hours of any term of imprisonment imposed under this paragraph (2). (ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum 48 hour term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that a condition of the suspension, stay, or probation of the minimum 48 hour term of imprisonment shall be that the defendant shall perform not less than 80 hours of community service; and (3) For the third or subsequent conviction within a five-year period of time2 as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and (B) (i) A mandatory period of imprisonment of not less than 120 days nor more than one year. The judge, at his sole discretion and under such terms and conditions as he shall impose, may suspend, stay, or probate all but ten days of any term of imprisonment imposed under this paragraph. (ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum ten-day term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that a condition of the suspension, stay, or probation of the minimum ten-day term of imprisonment shall be that the defendant shall perform not less than 30 days of community service. (4) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction." Section 18. Said title is further amended by striking Code Section 40-6-394, relating to serious injury by vehicle, and inserting in lieu thereof a new Code Section 40-6-394 to read as follows: "40-6-394. Whoever, without malice, shall cause bodily harm to another by depriving him of tat arm, teg^ eye a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of Code Section 40-6-391, relating to drivers with ability impaired by alcohol or drugs, shall be guilty of the crime of serious injury by vehicle. A person convicted under this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years." Section 19. Said title is further amended by striking subsections (a) and (b) of Code Section 40-6-395, relating to eluding police officers, which read as follows: "(a) Any driver of a vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police vehicle when given WEDNESDAY, FEBRUARY 27, 1985 1661 a visual or an audible signal to bring the vehicle to a stop, shall be guilty of a misdemeanor. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his badge of office, and his vehicle shall be appropriately marked showing it to be an official police vehicle. (b) Any person who flees or attempts to elude a police officer shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.", and inserting in lieu thereof new subsections (a) and (b) to read as follows: "(a) It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his badge of office, and his vehicle shall be appropriately marked showing it to be an official police vehicle. (b) (1) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor and: (A) Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; (B) Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and (C) Upon the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions. (2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. (3) If the payment of the fine required under paragraph (1) of this subsection will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this subsection. (4) Notwithstanding the limits set forth in any municipal charter, any recorder's, mayor's, or police court of any municipality shall be authorized to impose the punishments provided for in this subsection upon a conviction of violating this subsection or upon conviction of violating any ordinance adopting the provisions of this subsection." Section 20. Said title is further amended by adding between Code Section 40-5-85 and Code Section 40-5-86 a new Code Section 40-5-85.1 and a new Code Section 40-5-85.2 to read as follows: "40-5-85.1. Notwithstanding the provisions of any law or rule or regulation which prohibits any individual who is a probation officer or other official or employee of the probation division of the Department of Offender Rehabilitation or a spouse of such individual from owning, operating, instructing at, or being employed by a driver improvement clinic, any individual who is a probation officer or other official or employee of the probation division of the Department of Offender Rehabilitation or a spouse of such individual who owns, operates, instructs at, or is employed by a driver improvement clinic on June 1, 1985, and who in all respects is and remains qualified 1662 JOURNAL OF THE HOUSE, to own, operate, instruct at, or be employed by a driver improvement clinic is expressly authorized to continue on and after June 1, 1985, to engage in such activities. 40-5-85.2. Whenever any person is authorized or required to attend a driver improvement clinic or program as a condition of any sentence imposed under this title or any ordinance enacted pursuant thereto or as a condition of the retention or restoration of his driving privilege, such person, in complying with such condition, shall be authorized to attend any driver improvement clinic or program certified under this article; and no judicial officer, probation officer, law enforcement officer, or other officer or employee of a court shall specify, directly or indirectly, a particular driver improvement clinic or program which the person may or shall attend. This Code section shall not prohibit any judicial officer, probation officer, law enforcement officer, or other officer or employee of a court from furnishing any person, upon request, the names of certified driver improvement clinics or programs." Section 21. (a) Except as provided in subsection (b) of this section, this Act shall become effective September 1, 1985. (b) Section 20 of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 22. All laws and parts of laws in conflict with this Act are repealed. Representative Jackson of the 9th moved that the House agree to the Senate substitute to HB 90. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Brown.G Y Brown,J YBuck Y Burruss Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark.L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch Cox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Evans Y Felton Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Hamilton Y Banner Y Hasty YHays Y Heard YHill Holcomb Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J Y Jackson,N Y Jamieson Y Johnson,D Y Johnson.F Johnson,R Y Johnson,S Y Kilgore Y Kingston Lane.D Y Lane.R Lawler Y Lawrence Lawson Y Lee.C Y Lee.W Y Linder YLogan YLong YLord Lucas Y Lupton Maddox Y Mangum Y Martin.C Y MartinJ Matthews Y McDonald On the motion, the ayes were 135, nays 0. The motion prevailed. Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Mortpn Mostiler Moultrie Y Mueller Y Oliver.C Y 01iver,D Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V Randall Ransom YRay Y Reaves Y Redding Richardson Y Robinson,C Y Robinson.P YRoss Y Royal Y Russell Y Selman Shepard Y Sherrod Sinkfield Y Sizemore Y Smith.L Y Smith,? Smith,T Smyre Y Stancil Y Steinberg Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams.R Wilson Y Wood Y Workman Y Yeargin Y Young Murphy ,Spkr WEDNESDAY, FEBRUARY 27, 1985 1663 HB 404. By: Representatives Isakson of the 21st, Burruss of the 20th, Wilson of the 20th, Atkins of the 21st, Johnson of the 21st, and others: A BILL to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to provide for tax collectors to instruct taxpayers that checks or money orders for the payment of taxes shall be made payable to the county to which the taxes are due; and for other purposes. The following Senate substitute was read: A BILL To amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to provide for tax collectors to instruct taxpayers that checks or money orders for the payment of taxes shall be made payable to the county to which the taxes are due; to provide that tax collectors shall not be required to return checks or money orders to the taxpayers which do not strictly conform to the instructions of the tax collector; to amend Code Section 40-2-27 of the Official Code of Georgia Annotated, relating to license fees for motor vehicles, so as to authorize license fee payment by check and to provide that certain temporary permits to operate motor vehicles must show the office of the commissioner or the office of the county tag agent as payee; 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 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, is amended by adding after Code Section 48-5-164, relating to the duties of a successor tax collector or tax commissioner as to performing uncompleted duties of the outgoing collector or commissioner, a new Code Section 48-5-165 to read as follows: "48-5-165. It shall be the duty of each tax collector, whether acting on behalf of the county, municipality, board of education, or as an agent of the state, to instruct the taxpayers that any check, money order, or other similar bankable paper for the payment of taxes shall be made payable to the county tax office to which the taxes are due, rather than to the tax collector. The tax collector shall not be required, however, to return to the taxpayer a check or money order for the payment of taxes that is not made payable to the taxing entity in strict conformity with the instructions." Section 2. Code Section 40-2-27 of the Official Code of Georgia Annotated, relating to license fees for motor vehicles, is amended by striking said Code section and inserting in lieu thereof a new Code Section 40-2-27 to read as follows: "40-2-27. An application for registration shall be accompanied by check; cash; certified or cashier's check; bank, postal, or express money order; or other similar bankable paper, for the amount of the license fee required by law. A money order receipt or other evidence of the purchase and remittance of such bankable paper for the proper amount, dated prior to any delinquency by the proper authority of the issuer and showing the office of the commissioner or the office of the county tag agent as the payee and the owner of the vehicle sought to be licensed and registered as the remitter shall serve as a temporary permit to operate such vehicle for a period of 15 days from the date of such remittance." Section 3. This Act shall become effective January 1, 1986. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Isakson of the 21st moved that the House agree to the Senate substitute to HB 404. On the motion, the roll call was ordered and the vote was as follows: 1664 Y Aaron Y Adams.G Y Adams,M Y Aiken Alford Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield Benn Birdsong Bishop Bolster Y Boatick Y Branch YBray Y Brooks Y Brown.G Y Brown,J YBuck Y Burruss Byrd Y Carter Y Chambless Chance Y Cheeks JOURNAL OF THE HOUSE, Y Childers Childs Y Clark,B Y Clark,L Y Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch Coi Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Duon Y Dobbs Y Dover Dunn Y Edwards Y Evans Y Felton Y Foster YGaler YGodbee Y Goodwin Y Greene YGreer Y Groover Hamilton Y Manner Y Hasty YHays Y Heard YHU1 Holcomb Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Johnson,D Y Johnson,F Y Johnson.R Y Johnson,S Y Kilgore Y Kingston YLane,D Y Lane,R Lawler Lawrence Y Lawson YLee,C YLee.W Y Linder YLogan YLong YLord Lucas Y Lupton Maddox Y Mangum Y Martin.C Y Martin,J Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore YMorton Mostiler Moultrie Y Mueller Y Oliver.C Oliver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V Randall Ransom YRay Reaves Y Redding Richardson Y Robinson,C Y Robinson,P YRoss Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith.L Y Smith.P Smith.T Smyre Y Stancil Y Steinberg Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Watson Y Watts White Wilder Y Williams.B Y Williams,J Y Williams.R Wilson Y Wood Y Workman Y Yeargin Y Young Murphy,Spkr On the motion, the ayes were 132, nays 0. The motion prevailed. HB 370. By: Representative Robinson of the 58th: A BILL to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," so as to provide certain exclusions from the definition of a health spa; and for other purposes. The following Senate substitute was read: A BILL To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," so as to provide certain exclusions from the definition of a health spa; to provide that a contract which has a term in excess of 36 months shall not be valid under certain circumstances; to change the amounts of certain required bonds; to provide certain exemptions from bonding for health spas; to provide for forms for the submission of certain required information; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," is amended by striking paragraph (6) of subsection (a) of Code Section 10-1-392, relating to definitions regarding fair business practices, and inserting in lieu thereof a new paragraph (6) to read as follows: WEDNESDAY, FEBRUARY 27, 1985 1665 "(6) 'Health spa' means an establishment which provides, as one of its primary purposes, services or facilities which are purported to assist patrons to improve their physical condition or appearance through change in weight, weight control, treatment, dieting, or exercise. The term includes an establishment designated as a 'reducing salon,' 'health spa,' 'spa,' 'exercise gym,' 'health studio,' 'health club,' or by other terms of similar import. A health spa shall not include any of the following: (A) Any nonprofit organization; (B) Any facility wholly owned and operated by a licensed physician or physicians at which such physician or physicians are engaged in the actual practice of medicine; or (C) Any such establishment operated by a health care facility, hospital, intermediate care facility, or skilled nursing care facility." Section 2. Said part is further amended by striking subsection (b) of Code Section 10-1-393, relating to certain unfair or deceptive acts or practices, and inserting in lieu thereof a new subsection (b) to read as follows: "(b) By way of illustration only and without limiting the scope of subsection (a) of this Code section, the following practices are declared unlawful: (1) Passing off goods or services as those of another; (2) Causing actual confusion or actual misunderstanding as to the source, sponsorship, approval, or certification of goods or services; (3) Causing actual confusion or actual misunderstanding as to affiliation, connection, or association with or certification by another; (4) Using deceptive representations or designations of geographic origin in connection with goods or services; (5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have; (6) Representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, or secondhand; (7) Representing that goods or services are of a particular standard, quality, or grade or that goods are of a particular style or model, if they are of another; (8) Disparaging goods, services, or business of another by false or misleading representation; (9) Advertising goods or services with intent not to sell them as advertised; (10) Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity; (11) Making false or misleading statements concerning the reasons for, existence of, or amounts of price reductions; (12) Failing to comply with the following provisions concerning health spas: (A) A written contract shall be employed which shall constitute the entire agreement between the parties, a fully completed copy of which shall be furnished to the consumer at the time of its execution which shows the date of the transaction and the name and address of the seller; provided, however, that no contract shall be valid which charges er obligates the customer for tt period has a term in excess of 36 months. Contracts shall be renewable at the end of each 36 month period of time, at the option of both parties to the contract; (B) The contract or an attachment thereto shall state clearly any rules and regulations of the seller which are applicable to the consumer's use of the facilities or receipt of its services; (C) The contract shall state clearly on its face the cancellation and refund policies of the seller; (D) The health spa member has the right to cancel the contract within three business days after the date of the signing of the contract by notifying the seller in writing of such intent and by either mailing the notice by certified or registered mail to the seller or hand delivering the notice to the seller with return receipt before 12:00 Midnight of the third business day after the date of the contract. The notice must be accompanied by the contract forms, membership cards, and any and 1666 JOURNAL OF THE HOUSE, all other documents and evidence of membership previously delivered to the buyer. If the health spa member so cancels, any payments made under the contract will be refunded and any evidence of indebtedness executed by the health spa member will be canceled by the seller, provided that the member shall be liable for the fair market value of services actually received, which in no event shall exceed $25.00. The preparation of any documents shall not be construed to be services; (E) If a health spa member executes a contract and pays moneys before a spa facility is fully operational and available for use and if such spa facility is not fully operational and available for use within 60 days from the date of the contract, then such member shall have until three business days after the spa facility is fully operational and available for use to cancel the contract and receive a refund of any payments made the seller, provided that the buyer shall be liable for the fair market value of the services actually received, which in no event shall exceed $25.00. The preparation of documents shall not be construed to be services. Such notice must be in writing and either mailed by certified or registered mail to the seller or hand delivered to the seller with a return receipt within said period of time. The notice must be accompanied by the contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to the buyer; (F) Every contract for health spa services shall contain a clause providing that, if the member becomes totally and permanently disabled during the membership term, he may cancel his contract and that the health spa is entitled to a reasonable predetermined fee in such event in addition to an amount equal to the value of services made available for use. The health spa shall have the right to require and verify reasonable evidence of total and permanent disability. 'Total and permanent disability' means such disability as would prevent the member from using any of the health spa facilities; (G) The health spa contract should state that, if a consumer has a history of heart disease, he should consult a physician before joining a spa; (H) Every health spa: (i) Shall maintain a bond issued by a surety company admitted to do business in the state. The principal sum of the bond shall be according to the following schedule: One to three locations $60,000.00 $20,000.00; four to six locations $100,000.00 $40,000.00; seven to nine locations $160,000.00 $60,000.00; ten to 12 locations $200,000.00 $80.000.00; and 13 or more locations $260,000.00 $100,00.00. For purposes of this division, the term 'location' shall include health spa facilities controlled by, under common control with, or which control other health spa corporations. The bond shall be obtained before any contracts for health spa services are sold. The bond shall be in favor of the state for the benefit of any person injured as a result of a violation of this part. The aggregate liability of the surety to all persons for all breaches of the conditions of the bonds provided in this division shall in no event exceed the amount of the bond. After July 1, 1984, proof of such bond shall be furnished to the administrator prior to selling any contracts for health spa services. Thereafter, no contract for health spa services shall be sold unless proof of a current bond is on file with the administrator or the health spa is currently meeting the requirements of division (ii) or of division (iii) of this subparagraph. All bonds, letters of credit as described in division (ii) of this subparagraph, or exemptions as described in division (iii) of this subparagraph shall be effective for a period ending on June 30 of each year. Any health spa which wishes to request an exemption from the requirements of this division or division (ii) of this subparagraph must submit a written request at least 90 days prior to July 1 of the year in which it desires the exemption; (ii) In lieu of furnishing the administrator with proof of the bond required in division (i) of this subparagraph, may furnish the administrator with a certified copy of an irrevocable letter of credit from a banking institution licensed to do business in this state in an amount equal to the amount of the appropriate bond set forth in division (i) of this subparagraph. Such letter of credit shall be in favor WEDNESDAY, FEBRUARY 27, 1985 1667 of the state for the benefit of any person injured as a result of a violation of this part; or (iii) In lieu of furnishing the administrator with proof of the bond in division (i) of this subparagraph or with the irrevocable letter of credit in division (ii) of this subparagraph, may furnish to the administrator a request that it be exempt from the provisions of division (i) or (ii) of this subparagraph, including documentation to establish such sufficient financial responsibility as would enable the health spa to satisfy possible claims in an amount equal to the amount that otherwise would have been required in the bond. In the event the health spa is controlled by, under common control with, or controls other corporations, and the health spa or such other corporations agree in writing to satisfy the claims in an amount equal to the amount that otherwise would have been required in the bond, then the financial responsibility of the health spa and of such other corporations may be considered by the administrator in determining whether to grant the request of the health spa. It shall be within the discretion of the administrator to determine what criteria, if any, meet the requirements of this subparagraph. It shall not be an abuse of discretion for the administrator to determine that a health spa or spas cannot adequately assure protection for consumers equal to that contained in the bond or in the irrevocable letter of credit; (iv) A health spa shall be excluded from the provisions of this subparagraph requiring a bond or an irrevocable letter of credit if all payments for which the consumer is obligated at any one time, including, but not limited to, down payments, enrollment fees, membership fees, or any other direct payments to the health spa do not exceed $100.00 and if the term of the contract, including but not limited to any complimentary, compensatory, or other extensions of the term incident to the contract, does not exceed three months; (v) A health spa shall also be excluded from the provisions of this subparagraph requiring a bond or an irrevocable letter of credit if it meets all of the following requirements: (I) The written contract used contains the following clause: 'Under this contract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event the health spa at which the contract is entered into ceases operation and fails to offer an alternate location within 15 miles.'; (II) All payments due under the contract must be in equal monthly installments spread over the entire term of the contract; (III) There can be no payments of any type, including but not limited to down payments, enrollment fees, membership fees, or any other direct payment to the health spa, other than the monthly installment payments; and (IV) There are no complimentary, compensatory, or other extensions of the term incident to the term of the contract; (vi) The administrator is authorized to prescribe forms for the submission of information by health spas for the purpose of determining compliance with this subparagraph. Any material misrepresentation or failure to disclose material information on forms prescribed by the administrator shall constitute a misdemeanor; (I) In addition to any other penalties provided for in this part, any health spa operator violating the provisions of subparagraph (H) of this paragraph shall be guilty of a misdemeanor; (J) Every contract for health spa services shall contain a clause providing that, if the member dies during the membership term or any renewal term, his estate may cancel his contract and that the health spa is entitled to a reasonable predetermined fee in such event in addition to an amount computed by dividing the contract price for the appropriate term by the number of weeks of the term and multiplying the result by the number of weeks expired in the term. The contract may require the member's estate seeking relief under this subparagraph to provide reasonable proof of death; and 1668 JOURNAL OF THE HOUSE, (K) All moneys due the consumer under contracts canceled for the reasons contained in this paragraph shall be refunded within 30 days of receipt of such notice of cancellation; (13) Failure to comply with the following provisions concerning career consulting firms: (A) A written contract shall be employed which shall constitute the entire agreement between the parties, a fully completed copy of which shall be furnished to the consumer at the time of its execution which shows the date of the transaction and the name and address of the career consulting firm; (B) The contract or an attachment thereto shall contain a statement in boldface type which complies substantially with the following: 'The provisions of this agreement have been fully explained to me and I understand that the services to be provided under this agreement by the seller do not include actual job placement.' The statement shall be signed by both the consumer and the authorized representative of the seller; (C) Any advertising offering the services of a career consulting firm shall contain a statement which contains the following language: 'A career consulting firm does not guarantee actual job placement as one of its services.'; (14) Failure of a hospital or long-term care facility to deliver to an inpatient who has been discharged or to his legal representative, not later than six business days after the date of such discharge, an itemized statement of all charges for which the patient or third-party payer is being billed." Section 2. All laws and parts of laws in conflict with this Act are repealed. Representative Robinson of the 58th moved that the House agree to the Senate substitute to HB 370. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,M Y Aiken Y Alford Alien Y Anderaon YArgo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Bamett,B Y Barnett,M YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G Y Brown,J Buck Y Burruss Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark,L Y Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Dunn Y Edwards Y Evans Y Felton Foster YGaler YGodbee YGoodwin Y Greene YGreer Y Groover Y Hamilton Y Manner Y Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks Y Home Y Hudson Isakson Y Jackson,J Y Jackson.N Y Jamieson Johnson,D Y Johnson,F Johnson,R Y Johnson.S Y Kilgore Y Kingston Y Lane,D Y Lane,R Lawler Y Lawrence YLawson YLee.C Lee,W Y Under YLogan YLong YLord Lucas Y Lupton Maddox Y Mangum Y Martin.C Y Martin,J Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore YMorton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Pettit Y Phillips Pinkston Y Porter YRainey Ramsey.T YRamsey.V Randall Ransom YRay Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,P YRoss Y Royal Y Russell YSelman Y Shepard Y Sherrod Sinkfield Sizemore Y Smith.L Y Smith,P Smith,T Smyre YStancil Y Steinberg Thomas.C Thomas.M Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Watson Y Watts White Wilder Y Williains,B Y WUliams.J Y Williams,R Wilson Wood Y Workman Y Yeargin Y Young Murphy,Spkr WEDNESDAY, FEBRUARY 27, 1985 1669 On the motion, the ayes were 132, nays 0. The motion prevailed. HR 153. By: Representatives Godbee of the 110th and Bargeron of the 108th: A RESOLUTION declaring the farmer to be an endangered species; urging the United States Congress to take action; and for other purposes. The following Senate amendments were read: SENATE AMENDMENT NO. 1 Amend HR 153 by adding on Page 2, after line 2, the following: "BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to each member of the Georgia congressional delegation." SENATE AMENDMENT NO. 2 Amend HR 153 by striking on Page 1, lines 10 through 13 in their entirety; and By striking on Page 1, line 14, the following: "BE IT FURTHER RESOLVED", and Inserting in lieu thereof the following: "NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA". SENATE AMENDMENT NO. 3 Amend HR 153 by adding on line 1, between the words "declaring" and "the" the following: "that"; and By adding between the word "farmer" and "to" the following: "appears"; and By striking on Page 1, line 8, the following: "virtually assures"; and By inserting in lieu thereof the following: "could possibly lead toward". Representative Godbee of the 110th moved that the House agree to the Senate amendments to HR 153. 1670 JOURNAL OF THE HOUSE, On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams,G Y Adams.M Aiken Y Alford Alien Y Anderson Y Argo Athon Y Atkins Y Auten Y Bailey Balkcom Bannister Y Bargeron Y Bamett,B Barnett,M YBeck Y Benefleld Benn Birdsong Bishop Bolster Bostick Y Branch YBray Y Brooks Brown,G Y Brown,J Buck Y Burruss Byrd Carter Y Chambless Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark.L Y Colbert Coleman Y Colwell Connell Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Cummings Daugherty Davis Dean Y Dixon Dobbs Y Dover Dunn Y Edwards Evans Y Felton Y Foster Y Galer YGodbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Y Manner Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks Home Y Hudson Isakaon Y Jackson,J Y Jackson.N Y Jamieson Johnson,D Y Johnson,F Y Johnson.H Y Johnson,S Kilgore Y Kingston Y Lane,D Y Lane,R Lawler Y Lawrence Y Lawson Y Lee,C YLee.W Y Under YLogan YLong Lord Lucas Y Lupton Maddoi Mangum Y Martin.C Y Martin,J Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morton Mostiler Y Moultrie Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell YParham Y Parrish Y Patten Peters Pettit Phillips Pinkston Y Porter Rainey Ramsey.T Y Ramsey.V Randall Y Ransom YRay Reaves Y Redding Y Richardson Robinson,C Y Robinson.P YRoss Royal Y Russell Y Selman Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Smith,P Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Thompson Y Townsend Y Triplett Y Twiggs Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Wilson Wood Workman Y Yeargin Y Young Murphy,Spkr On the motion, the ayes were 114, nays 0. The motion prevailed. HB 77. By: Representatives Steinberg of the 46th, Bray of the 91st, Groover of the 99th, Galer of the 97th, Redding of the 50th, and Richardson of the 52nd: A BILL to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide for review of proposed rules and regulations of the State Personnel Board by certain committees of the General Assembly; and for other purposes. The following Senate amendment was read: Amend HB 77 by striking on Page 2, Section 1, line 9, the following, "and the State Personnel Board". Representative Steinberg of the 46th moved that the House disagree to the Senate amendment to HB 77. The motion prevailed. HR 91. By: Representative Colwell of the 4th: A RESOLUTION authorizing the conveyance of certain state owned real properties located in Dougherty County, Georgia, and in the cities of Brunswick, Glynn County, Georgia; Carrollton, Carroll County, Georgia; Columbus, Muscogee County, Georgia; WEDNESDAY, FEBRUARY 27, 1985 1671 Dalton, Whitfield County, Georgia; Gainesville, Hall County, Georgia; Griffin, Spalding County, Georgia; Rome, Floyd County, Georgia; Savannah, Chatham County, Georgia; and for other purposes. The following Senate amendment was read: Amend HR 91 by striking on Page 5, subsection 4, line 4, the following: "Governmental Operations", and inserting in lieu thereof the following: "Public Utilities". Representative Colwell of the 4th moved that the House agree to the Senate amendment to HR 91. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Alien Y Anderson YArgo YAthon Y Atkins YAuten Y Bailey Balkcom Bannister Y Bargeron Y Barnett.B Barnett.M YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Bostick Y Branch Bray Brooks Y Brown.G Y Brown,J Buck Y Burruss Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs N Clark,B Y Clark,L Y Colbert Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon YDobbs Y Dover Dunn Y Edwards Evans Y Felton Y Foster Y Galer God bee Y Goodwin Y Greene Greer Y Groover Y Hamilton Y Manner Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Jackson.N Y Jamieson Johnson,D Y Johnson,? Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane,D Y Lane.R Lawler Y Lawrence Y Lawson Lee,C Y Lee.W Linder YLogan YLong YLord Lucas Y Lupton Maddox Y Mangum Y Martin.C Y Martin.J Y Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore YMorton Mostiler Y Moultrie Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Pettit Phillips Pinkston Y Porter N Rainey Kamsey.T Ramsey.V Randall Y Ransom Ray Reaves Redding Richardson Robinson,C Y Robinson,P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith.P Smith.T Smyre Y Stancil Stein berg Thomas.C Y Thomas,M Thompson Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall YWare Watson Watts White Y Wilder Y Williams.B Y Williams,J Williams,R Wilson Y Wood Y Workman Y Yeargin Young Murphy.Spkr On the motion, the ayes were 121, nays 2. The motion prevailed. HB 189. By: Representative Colwell of the 4th: A BILL to amend Code Section 42-8-37 of the Official Code of Georgia Annotated, relating to the effect of termination of period of probation and review of cases of persons receiving probated sentences, so as to change the provisions relating to the review of persons receiving probated sentences of more than two years; and for other purposes. 1672 JOURNAL OF THE HOUSE, The following Senate amendment was read: Amend HB 189 by striking from the title on Page 1, line 7, the word "sentencing" and inserting in lieu thereof the word "chief". and By striking on Page 1, Section 1, lines 16 and 25 the word "presiding" and inserting in lieu thereof the word "chief. Representative Colwell of the 4th moved that the House agree to the Senate amendment to HB 189. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,M Y Aiken Y Alford Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield Benn Birdsong Bishop Bolster Y Bostick Y Branch Bray Brooks Y Brown.G Y Brown,J Buck Y Burruss Byid Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark,L Y Colbert Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Dunn Y Edwards Evans Felton Y Poster Y Galer Oodbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Y Manner Y Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks Home Y Hudson Isakson Y Jackson,J Jackson,N Y Jamieson Johnson.D Y Johnson.F Y Johnson,R Y Johnson,S Y Kilgore Kingston Y Lane,D Y Lane.R Lawler Y Lawrence Y Lawson Lee,C Y Lee.W Linder Y Logan YLong YLord Lucas Y Lupton Maddox Y Mangum Martin.C Y Martin,J Y Matthews McDonald On the motion, the ayes were 125, nays 0. The motion prevailed. Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Mostiler Y Moultrie Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell YParham Y Fairish Y Patten Y Peters Pettit Y Phillips Y Pinkston Y Porter Y Rainey Ramsey.T Ramsey.V Randall Y Ransom Ray Y Reaves Y Redding Richardson Robinson.C Y Robinson,P YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,P Smith.T Smyre Y Stancil Steinberg Thomas.C Y Thomas,M Thompson Y Townsend Y Triplett Y Twiggs Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Ware Y Watson Watts White Y Wilder Y Williams.B Y Williams,J Wiiliams.R Wilson Y Wood Y Workman Y Yeargin Y Young Murphy,Spkr HB 271. By: Representatives Walker of the 115th, Reaves of the 147th, Smyre of the 92nd, Benefield of the 72nd, Rainey of the 135th, and others: A BILL to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Agricul- tural Exposition Authority; and for other purposes. The following Senate amendment was read: Amend HB 271 by adding on Page 1, line 6, after the word "membership" the word "confirmation," WEDNESDAY, FEBRUARY 27, 1985 1673 and By adding on Page 4, line 7, before the word "Governor" and after the word "and" the following: ", confirmed by the Senate,". Representative Walker of the 115th moved that the House agree to the Senate amendment to HB 271. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Aiken Alford Y Alien Y Andersen YArgo Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Barnett,M YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Bostick Branch Bray Brooks Brown.G Y Brown,J Buck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark,L Colbert Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Crosby Y Cummings Daugherty Y Davis Dean Dixon Y Dobbs Dover Dunn Y Edwards Y Evans Y Felton Foster Galer Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks Home Y Hudson Isakson Y Jackson,J Y Jackson.N Y Jamieson Johnson,D Y Johnson,F Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane.D Y Lane,R Lawler Y Lawrence Y Lawson Lee.C Y Lee,W Linder Y Logan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Martin.C Y Martin,J Y Matthews Y McDonald On the motion, the ayes were 120, nays 0. The motion prevailed. McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Mostiler Y Moultrie Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Pettit Y Phillips Pinkston Y Porter YRainey Ramsey.T Y Ramsey.V YRandall Ransom Ray Y Reaves Y Redding Richardson Robinson,C Y Robinson,? YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Sizemore Y Smith.L Y Smith,P Smith.T Smyre Y Stancil Y Steinberg Thomas,C Y Thomas,M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Watson Watts White Y Wilder Y Williams,B Williams,J Williams,R Wilson Y Wood Y Workman Y Yeargin Y Young Murphy.Spkr 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 82. By: Senators Barnes of the 33rd, Dean of the 31st, Trulock of the 10th, and others: 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 provide for a quality basic education in every school in Georgia; to provide for a statewide curriculum; to provide for instructional programs; to provide for grants to local units of administration for the operation of educational programs; to provide for essential instructional and support services resources; and for other purposes. 1674 JOURNAL OF THE HOUSE, Representative Walker of the 115th moved that the House adhere to its position in substituting SB 82 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 Ross of the 82nd, Walker of the 115th, and Dover of the llth. The following Bill and Resolution of the House were taken up for the purpose of considering the Senate amendment or substitute thereto: HB 14. By: Representative Bolster of the 30th: A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that when a youth in the custody of the Division of Youth Services is tried as an adult and convicted of a felony, such youth shall no longer be subject to the jurisdiction and custody of the Division of Youth Services; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, so as to provide that certain discharges from the custody of the Division of Youth Services shall not be made prior to the expiration of one year of custody; to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentence by judge in misdemeanor and felony cases generally, so as to provide that in any case in which a minor defendant is tried in the superior court and sentenced to a specific number of months or years of confinement, the defendant shall be placed in restrictive custody with the Division of Youth Services until he reaches 17 years of age; to provide for transfer to the Department of Offender Rehabilitation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, is amended by striking in its entirety subparagraph (e)(2)(C) and inserting in lieu thereof a new subparagraph (e)(2)(C) to read as follows: "(C) The juvenile shall not be discharged from the custody of the division unless a motion therefor is granted by the court, which motion shall not be made prior to the expiration of three years one year of custody; and". Section 2. Code Section 17-10-1, relating to fixing of sentence by judge in misdemeanor and felony cases generally, is amended by adding at the end thereof a new subsection (d) to read as follows: "(d) In any case in which a minor defendant is tried in the superior court and sentenced to a specific number of months or years of confinement, the defendant shall be placed in restrictive custody with the Division of Youth Services until he reaches 17 years of age. Upon attaining 17 years of age, the defendant shall be transferred to the Department of Offender Rehabilitation pursuant to rules and regulations of the Department of Human Resources and the Department of Offender Rehabilitation." Section 3. All laws and parts of laws in conflict with this Act are repealed. Representative Bolster of the 30th moved that the House disagree to the Senate substitute to HB 14. WEDNESDAY, FEBRUARY 27, 1985 1675 The motion prevailed. HR 170. By: Representatives Murphy of the 18th and Lee of the 72nd: A RESOLUTION creating the Local Constitutional Amendments Overview Committee; and for other purposes. The following Senate amendment was read: Amend HR 170 by striking from lines 19 through 21 of page 2 the following: "the chairman of the committee, and the President of the Senate shall appoint the vice-chairman who shall preside in the absence of the chairman" and inserting in lieu thereof the following: "a cochairman and the President of the Senate shall appoint a cochairman". By striking in line 22 of page 2 the word "chairman" and inserting in lieu thereof the word "cochairmen". Representative Lee of the 72nd moved that the House agree to the Senate amendment to HR 170. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,M Y Aiken Y Alford Alien Anderson YArgo Y Athon Y Atkins Auten Y Bailey Balkcom Y Bannister Bargeron Y Barnett,B Barnett.M YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Bostick Y Branch Bray Y Brooks Y Brown.G Y Brown,J Buck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark,L Y Colbert Coleman Y Colwell Y Connell Cooper Y Copelan Y Couch YCox Y Crawlbrd Y Crosby Y Cummings Daugherty YDavis YDean Y Dixon Y Dobbs Y Dover Dunn Y Edwards Y Evans Y Felton Y Foster Y Galer Godbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Y Manner Y Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks Home Hudson Y Isakson Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston Y Lane,D Y Lane,R Lawler Y Lawrence Y Lawson Lee,C Y Lee.W Y Linder Y Logan YLong Lord Lucas N Lupton Y Maddox Y Mangum Martin.C Y Martin,J Y Matthews Y McDonald On the motion, the ayes were 129, nays 1. The motion prevailed. Y McKelvey McKinney Y Milam Y Milford Moody Y Moore Y Mortpn Mostiler Y Moultrie Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V YRandall Y Ransom Ray Y Reaves Redding Richardson Robinson.C Y Robinson.P YRoss Y Royal Y Russell YSelman Y Shepard Y Sherrod Y Sinkfield Sizemore Y Smith.L Smith.P Y Smith.T Smyre Y Stancil Steinberg Thomas.C Thomas.M Y Thompson Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Ware Y Watson Watts White Y Wilder Y Williams.B Y Williams,J Williams,R Wilson Y Wood Y Workman Y Yeargin Y Young Murphy.Spkr 1676 JOURNAL OF THE HOUSE, Representative Adams of the 36th moved that the following Bill of the House be withdrawn from the Committee on Industry and referred to the Committee on State Planning and Community Affairs: HB 1041. By: Representative Adams of the 36th: A BILL to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, so as to provide for the licensing of utility contracting; and for other purposes. The motion prevailed. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time: SR 18. By: Senator Broun of the 46th: A RESOLUTION giving legislative approval to the admission of the State of Oklahoma into the Southern Regional Education Compact entered into by the State of Georgia and other Southern states; 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 92, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. SB 155. By: Senator Kidd of the 25th: A BILL to amend Code Section 50-9-9 of the Official Code of Georgia Annotated relating to public policy against unreasonable disruptions of state employees and powers of the Georgia Building Authority, so as to change provisions relating to authority to employ security guards; to provide that the security guards shall be known as the Georgia Building Authority Police; and for other purposes. The report 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 0. The Bill, having received the requisite constitutional majority, was passed. SB 26. By: Senators Garner of the 30th, Langford of the 35th, Engram of the 34th, and Kennedy of the 4th: A BILL to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of assault and battery, so as to define the crime of aggravated assault upon a correctional officer; to define the crime of aggravated battery upon a correctional officer; to define the term "correctional officer"; 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 112, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 12. By: Senators Barnes of the 33rd and Trulock of the 10th: A BILL to amend the Official Code of Georgia Annotated, so as to eliminate the statutory WEDNESDAY, FEBRUARY 27, 1985 1677 requirement that there be an Employment Security Agency and director and a Correctional Services Division within the Department of Labor; to delete references to the Employment Security Agency and the Correctional Services Division; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 98, nays 0. 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 or substitute thereto: HB 456. By: Representatives Ware of the 77th, Hooks of the 116th, Bargeron of the 108th, Groover of the 99th, Wood of the 9th, and Colbert of the 23rd: A BILL to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding the transaction of insurance, so as to provide for jurisdiction of certain providers of health care benefits; and for other purposes. The following Senate amendments were read: SENATE AMENDMENT NO. 1 Amend HB 456 by adding on line 26 of page 1 after the word and symbol "pathology," and before the word "audiology" the following: "podiatry,". SENATE AMENDMENT NO. 2 Amend HB 456 by striking line 23 of page 1 in its entirety and inserting in lieu thereof the following: "person, other than an authorized insurer, the state, and its political subdivisions and their instrumentalities, who provides". The following amendment was read and adopted: Representative Ware of the 77th moves to amend Senate amendment No. 2 to HB 456 by striking lines 5, 6, and 7 and inserting in lieu thereof the following: ", the state and its instrumentalities, political subdivisions of this state and their instrumentalities". Representative Ware of the 77th moved that the House agree to the Senate amendments, as amended by the House, to HB 456. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G YAdams.M YAiken YAlford Y Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Bailey Balkcom Y Bannister Bargeron Barnett,B Barnett.M Y Beck Y Benefield Y Benn Birdsong Y Bishop Bolster Y Bostick Y Branch 1678 JOURNAL OF THE HOUSE, Bray Y Brooks Brown.G Brown ,J YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark.L Y Colbert Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis YDean Y Dixon Dobbs Y Dover Y Dunn Y Edwards Y Evans Y Felton Y Foster Y Galer Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Hasty YHays Heard YHill Y Holcomb Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson.R Y Johnson.S Kilgore Y Kingston Y Lane.D Y Lane.R Lawler Y Lawrence Y Lawson Lee.C Y Lee.W Y Linder Y Logan YLong YLord Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews McDonald Y McKelvey McKinney Milam Y Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Mueller On the motion, the ayes were 135, nays 0. The motion prevailed. Oliver.C Y Oliver,D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Ramsey.V Y Randall Y Ransom YRay Reaves Redding Y Richardson Y Robinson.C Y Robinson,P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Smith.P Y Smith.T Smyre Y Stancil Steinberg Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplet! Y Twiggs Waddle Y Waldrep Walker.C Walker,L Y Wall Y Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Williams,R Y Wilson Y Wood Workman Yeargin Y Young Murphy,Spkr HB 48. By: Representative Greene of the 130th: A BILL to amend Code Section 21-2-212 of the Official Code of Georgia Annotated, relating to the appointment of deputy registrars, so as to authorize principals or assistant principals of high schools and directors of area vocational schools to register as electors qualified students enrolled in such schools who reside outside the county in which the school is located; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 21-2-212 of the Official Code of Georgia Annotated, relating to the appointment of deputy registrars, so as to authorize principals or assistant principals of high schools and directors of area vocational schools to register as electors qualified students enrolled in such schools who reside outside the county in which the school is located; to amend Code Section 21-3-120 of the Official Code of Georgia Annotated, relating to the appointment of registrars and deputy registrars for municipal elections, so as to authorize principals and assistant principals of high schools and directors of area vocational schools to register as electors qualified students enrolled in such schools who reside in a municipality other than the municipality in which the school is located or who reside in a municipality which lies outside of the county in which the school is located; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 21-2-212 of the Official Code of Georgia Annotated, relating to the appointment of deputy registrars, is amended by striking in its entirety subsection (c) and inserting in its place a new subsection (c) to read as follows: "(c) Each principal or assistant principal of every public or private high school and the director of each area vocational school in this state shall be a deputy to the board WEDNESDAY, FEBRUARY 27, 1985 1679 of registrars for the purpose of registering as electors only those qualified applicants who are enrolled students within the principal's or director's school or who are employed by the school. Notwithstanding any other provision of law, in high schools or area vocational schools which are attended by students who reside outside of the county in which the school is located, the principal or assistant principal of such high school and the director of such area vocational school are authorized to register each qualified applicant who is enrolled as a student in the school on behalf of such student's respective county of residence. Such principals or assistant principals and directors shall inform their students of the powers conferred upon such officials by this Code section and shall provide reasonable and convenient procedures to enable students who are qualified applicants to register. The principal of each public or private high school and the director of each area vocational school are authorized to invite a deputy registrar to the school to register as electors those persons whom the principal or director would be authorized to register under this subsection. Code Section 21-2-213 shall not apply to the principal or assistant principal of any public or private high school or the director of any area vocational school who serves as a deputy registrar by virtue of this subsection." Section 2. Code Section 21-3-120 of the Official Code of Georgia Annotated, relating to the appointment of registrars and deputy registrars in municipal elections, is amended by striking in its entirety subsection (e) and inserting in its place a new subsection (e) to read as follows: "(e) Each principal or assistant principal of every public or private high school and the director of each area vocational school in this state shall be a deputy registrar for the purpose of registering as electors only those qualified applicants who are enrolled students within the principal's or director's school or who are employed by the school. Notwithstanding any other provision of law, in high schools or area vocational schools which are attended by students who reside in a municipality other than the municipality in which the school is located or who reside in a municipality which lies outside of the county in which the school is located, the principal or assistant principal of such high school and the director of such area vocational school are authorized to register each qualified applicant who is enrolled as a student in the school on behalf of such student's respective municipality of residence. Such principals or assistant principals and directors shall inform their students of the powers conferred upon such officials by this Code section and shall provide reasonable and convenient procedures to enable students who are qualified applicants to register. The principal of each public or private high school and the director of each area vocational school are authorized to invite a deputy registrar to the school to register as electors those persons whom the principal or director would be authorized to register under this subsection. Code Section 21-3-121 shall not apply to the principal or assistant principal of any public or private high school or the director of any area vocational school who serves as a deputy registrar by virtue of this subsection." 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. Representative Greene of the 130th moved that the House agree to the Senate substitute to HB 48. On the motion, the roll call was ordered and the vote was as follows: Y Aaron YAdams.G YAdams.M YAiken Y Alford Y Alien Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Bargeron Barnett,B Barnett,M Y Beck Y Benefield Y Benn Birdsong Y Bishop Bolster Y Bostick Y Branch Y Bray Y Brooks Brown.G Y Brown,J Y Buck Y Burruss Y Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Y Clark.B Clark.L 1680 JOURNAL OF THE HOUSE, Y Colbert Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Y Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover YDunn Y Edwards Y Evans Felton Y Foster Y Galer Godbee Y Goodwin Y Greene Y Greer Y Groover Hamilton Y Hanner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Jamieson Johnson.D Y Johnson.F Y Johnson.R Y Johnson.S Kilgore Y Kingston Y Lane,D Y Lane.R Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under Y Logan Long YLord Y Lucas Y Lupton Maddox Y Mangum Y Martin.C Y Martin,J Matthews Y McDonald Y McKelvey Y McKinney Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Mueller Oliver.C Y Oliver.D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramaey.T Y Ramsey.V Randall Y Ransom YRay Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Smith.P Y Smith.T On the motion, the ayes were 137, nays 0. The motion prevailed. Smyre Y Stancil Steinberg Y Thomas.C Y Thomas.M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Williams.R Y Wilson Y Wood Workman Yeargin Young Murphy.Spkr The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 36. By: Representatives Lane of the 27th, Greer of the 39th, Adams of the 36th, Clark of the 55th, Redding of the 50th, and Couch of the 40th: A BILL to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to add two new members to the Board of Directors of the Authority; to provide for additional residency requirements; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 36 The Committee of Conference on HB 36 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 36 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable Julian Bond Senator, 39th District /s/Honorable James W. Tysinger Senator, 41st District /s/Honorable Gene Walker Senator, 43rd District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable John W. Greer Representative, 39th District /s/Honorable G. D. Adams Representative, 36th District /s/Honorable Dick Lane Representative, 27th District WEDNESDAY, FEBRUARY 27, 1985 1681 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, so as to add three new members to the Board of Directors of the Authority; to provide for additional residency requirements; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by striking the first paragraph of subsection (a) of Section 6 in its entirety and substituting in lieu thereof a new first paragraph of said subsection to read as follows: "The Board of Directors of the Authority shall be composed of 17 members. Four members shall be residents of the City of Atlanta to be nominated by the Mayor and elected by the City Council; five members shall be residents of DeKalb County to be appointed by the local governing body thereof and at least one of such appointees shall be a resident of that portion of DeKalb County lying south of the southernmost corporate boundaries of the City of Decatur and at least one of such appointees shall be a resident of that portion of Dekalb County lying north of the southernmost corporate boundaries of the City of Decatur; three members shall be residents of Fulton County to be appointed by the local governing body thereof, and at least one of such appointees shall be a resident of that portion of Fulton County lying south of the corporate limits of the City of Atlanta and that membership position held by a Fulton County resident, appointed by the local governing body of that county, the term of which position expires December 31, 1988, shall, beginning on and after January 1, 1989, be filled by the local governing body of Fulton County appointing a person who is a resident of that portion of Fulton County lying north of the corporate limits of the City of Atlanta; one member shall be a resident of Clayton County to be appointed by the local governing body thereof; and one member shall be a resident of Gwinnett County to be appointed by the local governing body thereof. Three members, representing the State, shall be as follows: the Commissioner of the Department of Transportation who shall be an ex officio member; the State Revenue Commissioner who shall be an ex officio member; and the Executive Director of the State Properties Commission who shall be an ex officio member. The first member who must be a resident of that portion of Fulton County lying south of the corporate limits of the City of Atlanta shall be appointed by the governing body of Fulton County to take office on July 1, 1985, for an initial term ending December 31, 1986. The two members who are DeKalb County residents and appointed by the governing authority thereof and who are added by this paragraph shall each be appointed by the governing body of DeKalb County to take office on July 1, 1985, for an initial term ending December 31, 1986. After the initial terms of those three members added to the Board in 1985, that governing body which appointed the member for that initial term to that office shall appoint successors thereto for terms of office of four years in the same manner that such governing body makes its other appointments to the Board." 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. Representative Lane of the 27th moved that the House adopt the report of the Committee of Conference on HB 36. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron 1682 JOURNAL OF THE HOUSE, Y Barnett,B Barnett.M YBeck Y Benefield Benn Y Birdsong Y Bishop N Bolster N Bostick Branch Bray Y Brooks Brown.G Brown,J YBuck YBurruss YByrd N Carter Y Chambless Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark,L Y Colbert Coleman N Colwell Y Connell Y Cooper YCopelan Y Couch YCoi Y Crawford N Crosby Y Cummings Daugherty Y Davis YDean N Diion Y Dobbs Dover Dunn Y Edwards Evans Y Felton Y Foster YGaler Godbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Ylsakson Y Jackson.J Y Jackson,N Jamieson Y Johnson,D Y Johnson.F Y Johnson,R Y Johnson.S Kilgore Y Kingston YLane,D YLane,R Lawler Y Lawrence Y Lawson Lee,C YLee,W Y Under YLogan YLong YLord Y Lucas Y Lupton Maddoi Y Mangum Y Martin,C N MartinJ Matthews Y McDonald Y McKelvey Y McKinney Y Milan Y Milford Y Moody Y Moore On the motion, the ayes were 135, nays 7. The motion prevailed. YMorton Y Mostiler Y Moultrie Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell YParham Y Fairish Y Patten Y Peters Pettit Phillips Pinkston Porter YRainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Robinson.P Ross Y Royal YRusseU YSelman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,? Smith,T Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall YWare Y Watson Y Watts White Wilder Y Williams.B Y Williams,J Williams.R Y Wilson YWood Y Workman Yeargin Y Young Murphy,Spkr Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time: SB 91. By: Senators Harrison of the 37th, Hudgins of the 15th, Barnes of the 33rd, and others: A BILL to amend Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions affecting contracts for public works, so as to provide for progress payments to be made on some periodic basis based on the value of work completed plus the value of material and equipment suitably stored on site or off site; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions affecting contracts for public works, so as to provide for progress payments to be made on some periodic basis based on the value of work completed plus the value of material and equipment suitably stored on site or off site; to provide for limitations upon amounts to be retained by the owner on contractors and amounts to be retained by the contractor on subcontractors and by subcontractors on lower tier subcontractors in certain contracts involving the state, its departments, institutions, agencies, political subdivisions, boards of education, and authorities and in certain subcontracts relating thereto; to provide for exceptions; to provide for matters relative thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions affecting contracts for public works, is amended by WEDNESDAY, FEBRUARY 27, 1985 1683 adding at the end of said article a new Code section, to be designated as Code Section 13-10-2, to read as follows: "13-10-2. (a) As used in this Code section, the term: (1) 'Contractor' means a person having a direct contract with the owner. (2) 'Lower tier subcontractor' means a person other than a contractor having a direct contract with a subcontractor. (3) 'Owner* means the state, any county, municipal corporation, authority, board of education, or other public board, public body, department, agency, instrumentality, or political subdivision of the state. (4) 'Owner's authorized contract representative' means the architect or engineer in charge of the project for the owner or such other contract representative or officer as designated in the contract documents as the party representing the owner's interest regarding administration and oversight of the project. (5) 'Subcontractor' means a person other than an owner having a direct contract with the contractor. (b) In any contract for the performance of any construction project entered into on or after July 1, 1985, with an owner, as defined in paragraph (3) of subsection (a) of this Code section, such contract shall provide for the following: (1) After work has commenced at the construction site, progress payments to be made on some periodic basis, and at least monthly, based on the value of work completed as may be provided in the contract documents plus the value of materials and equipment suitably stored, insured, and protected at the construction site, and at the owner's discretion such materials and equipment suitably stored, insured, and protected off site at a location approved by the owner's authorized contract representative when allowed by the contract documents, less retainage; and (2) (A) Retainage to a maximum of 10 percent of each progress payment; provided, however, that, when 50 percent of the contract value including change orders and other additions to the contract value provided for by the contract documents is due and the manner of completion of the contract work and its progress are reasonably satisfactory to the owner's authorized contract representative, the owner shall withhold no more retainage. At the discretion of the owner and with the approval of the contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his work. (B) If, after discontinuing the retention, the owner's authorized contract representative determines that the work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by an owner, the contractor and subcontractors shall be entitled to resume withholding retainage accordingly. (C) At substantial completion of the work or such other standard of completion as may be provided in the contract documents and as the owner's authorized contract representative determines the work to be reasonably satisfactory, the owner shall within 30 days after invoice and other appropriate documentation as may be required by the contract documents are provided pay the retainage to the contractor. If at that time there are any remaining incomplete minor items, an amount equal to 200 percent of the value of each item as determined by the owner's authorized contract representative shall be withheld until such item or items are completed. The reduced retainage shall be shared by the contractor and subcontractors as their interests may appear. (D) The contractor shall, within ten days from the contractor's receipt of retainage from the owner, pass through payments to subcontractors and shall reduce each subcontractor's retainage in the same manner as the contractor's retainage is reduced by the owner, provided that the value of each subcontractor's work complete and in place equals 50 percent of his subcontract value, including approved change orders and other additions to the subcontract value and provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his work including any warranty 1684 JOURNAL OF THE HOUSE, work as the contractor in his reasonable discretion may require, including, but not limited to, a payment and performance bond. (E) The subcontractor shall, within ten days from the subcontractor's receipt of retainage from the contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor's retainage in the same manner as the subcontractor's retainage is reduced by the contractor, provided that the value of each lower tier subcontractor's work complete and in place equals 50 percent of his subcontract value, including approved change orders and other additions to the subcontract value and provided, further, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his work including any warranty work as the subcontractor in his reasonable discretion may require, including, but not limited to, a payment and performance bond. (c) This Code section shall not apply to: (1) Any contracts let by the Department of Transportation of this state for the construction, improvement, or maintenance of roads or highways in this state or purposes incidental thereto; or (2) Any contracts whose value or duration at the time of the award does not exceed $150,000.00 or 45 days in duration. (d) Contract and subcontract provisions inconsistent with the benefits extended to contractors, subcontractors, and lower tier subcontractors by this Code section shall be unenforceable; provided, however, that nothing in this Code section shall render unenforceable any contract or subcontract provisions allowing greater benefits to be extended to such contractors, subcontractors, or lower tier subcontractors, the provisions and benefits of this Code section being minimal only. (e) Nothing shall preclude a payor under this Code section, prior to making a payment, from requiring the payee to submit satisfactory evidence that all payrolls, material bills, and other indebtedness connected with the work have been paid." Section 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 104, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 92. By: Senators Garner of the 30th, Bowen of the 13th, and Brannon of the 51st: A BILL to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors, embalmers, and funeral establishments, so as to change the provisions relative to examination by the board; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 99, nays 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: WEDNESDAY, FEBRUARY 27, 1985 1685 The Senate has passed by the requisite constitutional majority the following Bill of the House: HB 247. By: Representatives Home of the 103rd, Watson of the 114th, Aaron of the 56th, Brown of the 88th, and Connell of the 87th: A BILL to amend Code Section 3-3-20 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages on certain days, so as to provide for a referendum election to determine whether the sale of alcoholic beverages in the unincorporated areas of the county or in a municipality shall be prohibited on election days; and for other purposes. The following Resolution of the House was read and adopted: HR 313. By: Representatives Jamieson of the llth, Parham of the 105th, Moore of the 139th, and others: A RESOLUTION relative to the Resource Conservation and Development Program; and for other purposes. The Speaker announced the House in recess until 1:30 o'clock this afternoon. 1686 JOURNAL OF THE HOUSE, AFTERNOON SESSION The Speaker called the House to order. The following Resolutions of the House were read and adopted: HR 314. By: Representative Adams of the 79th: A RESOLUTION commending the Upson Home Journal; and for other purposes. HR 315. By: Representative Adams of the 79th: A RESOLUTION commending Mrs. Sara Beth Turner; and for other purposes. HR 316. By: Representative Adams of the 79th: A RESOLUTION commending Ms. Lorinda Chestnutt; and for other purposes. HR 317. By: Representatives Foster of the 6th, Williams of the 6th, and Ramsey of the 3rd: A RESOLUTION commending North Whitfield Middle School; and for other purposes. HR 318. By: Representatives Williams of the 6th, Foster of the 6th, and Ramsey of the 3rd: A RESOLUTION commending Dalton High School; and for other purposes. HR 319. By: Representatives Greene of the 130th, Royal of the 144th, Matthews of the 145th, and Cox of the 141st: A RESOLUTION congratulating Mrs. Cora Harrison Massee Zachert; and for other purposes. HR 321. By: Representative Smith of the 152nd: A RESOLUTION recognizing Georgia Council of Deliberation, Ancient and Accepted Scottish Rite of Free Masonry, Prince Hall Affiliation Day and Georgia State Grand Assembly Order of the Golden Circle Day and commending certain officers; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time: SB 84. By: Senators Engram of the 34th, Horton of the 17th, Garner of the 30th, and Harris of the 27th: A BILL to amend Code Section 35-1-8 of the Official Code of Georgia Annotated, relating to information regarding deceased and missing persons, so as to provide that certain persons hospitalized or resident in certain facilities shall be considered to be missing persons under specified circumstances; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G YAdams.M Aiken Y Alford Alien Y Andereon Argo Athon Atkins Y Auten Bailey Y Balkcom Bannister Bargeron Y Bamett,B Barnett,M Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Bolster Y Bostick Branch WEDNESDAY, FEBRUARY 27, 1985 1687 Y Bray Brooks Y Brown.G Brown,J Y Buck Y Burruss Byrd Y Carter YChambless Chance Y Cheeks Y Childers Childs Y Clark,B Clark.L Y Colbert Coleman Colwell Y Connell Cooper YCopelan Couch Y Con Crawford Crosby Cummings Daugherty Davis Dean Dixon Y Dobbs Y Dover Dunn Y Edwards Y Evans Felton Foster Galer Y Godbee Y Goodwin Greene Y Greer Y Groover Y Hamilton Y Manner Y Hasty Hays Y Heard YHill Holcomb Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson.F Johnson,R Y Johnson.S Y Kilgore Y Kingston Y Lane.D Y Lane,R Lawler Y Lawrence Lawson Y Lee.C Y Lee.W Y Linder Y Logan Y Long Y Lord Y Lucas Y Lupton Y Maddox Y Mangum YMartin.C Martin,J Y Matthews Y McDonald Y McKelvey McKinney Y Milam Milford Moody Y Moore Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Oliver,D Y Padgett Pannell Parham Parrish Patten Peters Pettit Y Phillips Pinkston Porter Rainey Ramsey.T Ramsey.V Randall Y Ransom Ray Reaves Y Redding Y Richardson Robinson.C Robinson.P Y Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Sizemore Y Smith.L Y Smith,? Smith,T Y Smyre Y Stancil Steinberg Y Thomas.C Y Thomas,M Thompson Y Townsend Y Triplett Twiggs Waddle Y Waldrep Y Walker.C Walker.L Y Wall Ware Watson Watts White Wilder Williams,B Y Williams,J Y Williams.R Wilson Wood Y Workman Y Yeargin Young Murphy,Spkr On the passage of the Bill, the ayes were 100, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Morton of the 47th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. SB 54. By: Senator Dean of the 31st: A BILL to amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to prohibitions on transactions with state agencies by public officials and employees, so as to permit certified oral or manual interpreters for deaf persons to enter into part-time employment with other departments or agencies of the state even though they are already employed by the state; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron YAdams.G YAdams.M Aiken Alford Alien Y Anderson YArgo Athon Atkins Auten Bailey Y Balkcom Bannister Y Bargeron YBarnett,B Barnett,M YBeck Y Benefield Benn Y Birdsong Y Bishop Bolster Y Bostick Branch YBray Brooks Y Brown.G Brown,J Y Buck Burruss Y Byrd Y Carter YChambless Chance Y Cheeks Y Childers Childs Y Clark,B Clark, L Y Colbert Coleman Colwell Y Connell Cooper Y Copelan Couch Y Col Crawford Crosby Y Cummings Daugherty Davis Dean Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Evans Felton Foster Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Hamilton Y Manner Y Hasty Hays Y Heard YHill Holcomb Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane.D 1688 JOURNAL OF THE HOUSE, Y Lane.R Lawler Y Lawrence Lawson Y Lee.C YLee.W Y Linder YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Martin,J Y Matthews Y McDonald Y McKelvey McKinney Y Milam Milford Moody Y Moore Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Oliver,D Y Padgett Y Pannell Par ham Parrish Y Patten Peters Pettit Y Phillips Pinkston Porter Rainey Ramsey.T Ramsey.V Randall Y Ransom Ray Reaves Y Redding Y Richardson Robinson.C Y Robinson.P YRoss Y Royal Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Sizemore Y Smith.L Y Smith.P Y Smith.T YSmyre Y Stancil Steinberg Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Twiggs Waddle Y Waldrep Y Walker.C Walker,L Y Wall Ware Y Watson Watts White Y Wilder Williams.B Y Williams,J Y Williams.R Y Wilson Wood Y Workman Y Yeargin Young Murphy .Spkr On the passage of the Bill, the ayes were 106, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Morton of the 47th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. SB 10. By: Senator Kidd of the 25th: A BILL to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to repeal the "Private Employment Agencies 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.M N Aiken Y Alford Alien Y Anderson YArgo Athon Atkins Y Auten Bailey Y Balkcom Bannister Y Bargeron Y Barnett.B Barnett.M YBeck Y Benefield Benn Y Birdsong Y Bishop Bolster Y Bostick Branch YBray Brooks Y Brown.G Y Brown,J YBuck Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark,L Y Colbert Coleman Y Colwell Connell Cooper Y Copelan Couch YCox Y Crawford Crosby Y Cummings Daugherty Davis Dean Dixon Y Dobbs Y Dover YDunn Y Edwards Y Evans Felton Foster YGaler Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Hasty YHays Heard YHill Y Holcomb Holmes Y Hooks Home Y Hudson N Isakson Y Jackson,J Jackson.N Y Jamieson Y Johnson.D N Johnson,F Johnson,R Y Johnson.8 Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee,W Y Linder YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Martin,J Y Matthews Y McDonald Y McKelvey McKinney Y Milam Milford Moody Y Moore N Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Ramsey.T Ramsey.V Y Randall Y Ransom Ray Reaves Redding Y Richardson Robinson.C Y Robinson,? Ross Y Royal Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Sizemore Y Smith.L Y Smith,P Smith,T Y Smyre Y Stajicil Steinberg Y Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Twiggs Waddle Y Waldrep Walker.C Walker.L Y Wall Y Ware Y Watson Watts White N Wilder Y Williams.B Y Williams,J Y Williams.R Wilson Y Wood Y Workman Y Yeargin Young Murphy .Spkr WEDNESDAY, FEBRUARY 27, 1985 1689 On the passage of the Bill, the ayes were 118, nays 5. The Bill, having received the requisite constitutional majority, was passed. Due to a possible conflict of interest, Representative Connell of the 87th requested that he be excused from voting on the passage of SB 10. SR 9. By: Senator Kidd of the 25th: A RESOLUTION authorizing the conveyance of certain state-owned real property located in Baldwin County, Georgia, to General Telephone Company of the Southeast (GTE); and for other purposes. The following amendment was read and adopted: The Committee on State Institutions and Property moves to amend Senate Resolution 9 by adding on page 3, line 3, after the word "RESOLVED", the following: "AND ENACTED". 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 108, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 81. By: Representatives Aiken of the 21st and Johnson of the 21st: A BILL to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to debtor coverage under group life insurance policies, so as to extend the term for which a debtor is eligible for insurance for an indebtedness repayable in one sum; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to groups eligible for coverage under group life insurance policies, so as to provide for extraordinary final payments when an indebtedness is payable in installments; to extend the term for which a debtor is eligible for insurance for an indebtedness repayable in installments; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to groups eligible for coverage under group life insurance policies, is amended by striking subparagraph (A) of paragraph (2) in its entirety and substituting in lieu thereof a new subparagraph (A) to read as follows: "(A) The debtors eligible for insurance under the policy shall be all of the debtors of the creditor whose indebtedness is repayable either in installments for a period not in excess of 60 months from the initial date of debt, including any extraordinary final payment of an installment or lease-purchase obligation, or in one sum at the end of a 1690 JOURNAL OF THE HOUSE, period not in excess of 18 months from the initial date of debt or all of any class or classes thereof determined by conditions pertaining to the indebtedness or to the purchase giving rise to the indebtedness. The policy may provide that the term 'debtors' shall include the debtors of one or more subsidiary corporations and the debtors of one or more affiliated corporations, proprietors, or partnerships, if the business of the policyholder and of such affiliated corporations, proprietors, or partnerships is under common control through stock ownership, contract, or otherwise. No debtor shall be eligible unless the indebtedness constitutes an irrevocable obligation to repay which is binding upon him during his lifetime at the time the insurance becomes effective upon his life;". 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. Representative Aiken of the 21st moved that the House disagree to the Senate substitute to HB 81. The motion prevailed. The Speaker Pro Tern assumed the Chair. Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time: SB 125. By: Senator Deal of the 49th: A BILL to amend Code Section 33-24-51 of the Official Code of Georgia Annotated, relating to authorization of purchase by municipalities, counties, or other political subdivisions of certain motor vehicle insurance, so as to remove certain prohibitions regarding the suggestion of the existence of any insurance which covers certain judgments or awards; and for other purposes. 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 Adams.M Aiken Y Alford Alien Y Anderson YArgo Y Athon Atkins Y Auten Y Bailey Y Balkcom Bannister Y Bargeron Y Barnett,B Barnett.M YBeck Y Benefleld Benn Birdsong Y Bishop Y Bolster Y Bostick Branch YBray Brooks Y Brown.G Y Brown,J YBuck Burruss Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Clark.B Y Clark.L Y Colbert Coleman Y Colwell Connell Cooper Y Copelan Y Couch YCox Y Crawford Crosby Y Cummings Daugherty Davis Dean Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Evans Felton Y Foster Y Galer YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Hanner Y Hasty YHays Y Heard YHill Holcomb Holmes Y Hooks Home Hudson Isakson Y Jackson,J Jackson.N Y Jamieson Johnson,D Y Johnson,F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston Y Lane,D YLane,R Lawler Y Lawrence Y Lawson YLee.C YLee.W Y Linder YLogan YLong YLord Y Lucas Y Lupton Y Maddoi Y Mangum Y Martin.C Y Martin^ Y Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Moody Y Moore Y Morton Y Mostiler Moultrie Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell Y Parham YParrish Y Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Ramsey.V Randall Y Ransom WEDNESDAY, FEBRUARY 27, 1985 1691 YRay Reaves Redding Y Richardson Y Robinson.C Y Robinson,? YRoss Y Royal Russell Y Selman Y Shepard Y Sherrod Sinkfleld Sizemore N Smith.L Y Smith,P Y Smith.T YSmyre Y Stancil Steinberg Thomas.C Thomas.M Thompson Y Townsend Y Triplet! Y Twiggs Waddle Y Waldrep Walker.C Walker,L Y Wall Y Ware Y Watson Y Watts White Y Wilder On the passage of the Bill, the ayes were 123, nays 1. The Bill, having received the requisite constitutional majority, was Y Williams,B Williams,,! Y Williams,R Y Wilson YWood Y Workman Y Yeargin Young Murphy ,Spkr SB 121. By: Senators Walker of the 43rd, Barnes of the 33rd, Peevy of the 48th, and Foster of the 50th: A BILL to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions applicable to public education; to provide for limited immunity from actions for persons appointed as surrogate parents for children pursuant to certain federal law and regulations; and for other purposes. 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.M Y Aiken Y Alford Alien Y Anderson YArgo Y Athon Y Atkins Auten Y Bailey Y Balkcom Y Bannister Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Bostick Branch Bray Y Brooks Y Brown.G Brown,J YBuck Burruss YByrd Y Carter Chambless Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Cooper Y Copelan Y Couch Cox Y Crawford Crosby Y Cummings Y Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Evans Felton Y Foster Y Galer YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Jackson,J Jackson.N Y Jamieson Johnson.D Y Johnson.F Y Johnson.R Y Johnson.S Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Lawler Y Lawrence Lawson YLee.C Y Lee.W Y Linder YLogan YLong Lord Y Lucas Y Lupton Maddox Y Mangum Y Martin.C Martin,J Y Matthews Y McDonald Y McKelvey McKinney Milam Y Milford Moody Y Moore Y Morton Y Mostiler Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Pettit Y Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,P YRoss Y Royal Russell Selman Y Shepard Y Sherrod Y Sinkfield Sizemore Y Smith,L Y Smith,P Y Smith,T Smyre Y Stancil Steinberg Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Waddle Y Waldrep Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Williams.R Wilson Wood Y Workman Y Yeargin Young Murphy,Spkr On the passage of the Bill, the ayes were 137, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 90. By: Senator Kennedy of the 4th: A BILL to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as 1692 JOURNAL OF THE HOUSE, to provide that in any county in which a state correctional institution is located, one or more judges of the superior court of such county shall be authorized to conduct habeas corpus and other nonjury proceedings involving inmates of such state correctional institution in a suitable room at the insti- tution; and for other purposes. The following amendment was read: The Committee on State Institutions and Property moves to amend SB 90 by adding in the title on line 5 of page 1, between the word "county" and the word "shall", the following: "with approval of the clerk of the superior court of the county". By adding in Section 1 on line 25 of page 1, between the word "county" and the word "shall", the following: "with approval of the clerk of the superior court of the county". The following amendment was read and adopted: Representative Evans of the 84th moves to amend the Committee amendment to SB 90 as follows: By striking the House Committee on State Institutions and Property's amendment to said Bill. The Committee amendment, as amended, was adopted. The following amendment was read and adopted: Representative Dunn of the 73rd moves to amend SB 90, as follows: By adding the following at the end of Section 1, beginning on line 2, page 2: "Nothing in this section shall be construed or interpreted to require any judge to conduct habeas corpus and other non-jury proceedings pursuant to Article 2 of Chapter 14 of Title 9 involving inmates of such state correctional institution nor to establish any right of any inmate of such correctional institution to have any habeas corpus and other non-jury proceedings pursuant to Article 2, Chapter 14 of Title 9 involving inmates of such correctional institution." 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,M Aiken Alford Alien Y Anderson YArgo Y Athon Y Atkins YAuten Y Bailey Balkcom N Bannister Y Bargeron Y Barnett,B NBarnett.M Y Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch Y Bray Brooks Y Brown.G Y Brown,J Y Buck Y Buiruss Y Byrd Y Carter Chambless Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark,L Y Colbert Coleman Y Colwell Connell Y Cooper N Copelan Y Couch Y Coi Y Crawford Y Crosby Y Cummings Daugherty Y Davis Y Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Evans WEDNESDAY, FEBRUARY 27, 1985 1693 Felton Y Foster Y Galer Y Godbee N Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner N Hasty YHays Y Heard NHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Ylsakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson.D Y Johnson.F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston YLane,D Y Lane,R Y Lawler Y Lawrence Y Lawson YLee.C Y Lee.W Y Linder Y Logan NLong NLord Y Lucas Y Lupton Y Maddoi Y Mangum Martin.C Y Martin,J Y Matthews Y McDonald N McKelvey McKinney YMilam Y Milford Y Moody Y Moore N Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Pettit Y Phillips Y Pinkston Y Porter YRainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Reaves Y Redding Y Richardson Y Robinson,C Y Robinson,? Ross Y Royal Y Russell YSelman Y Shepard Y Sherrod Y Sinkfield Sizemore N Smith,L Y Smith,P Y Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas,M Y Thompson Townsend Y Triplett YTwiggs Waddle N Waldrep Walker,C Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams,R Wilson Y Wood Workman Y Yeargin Young Murphy,Spkr On the passage of the Bill, as amended, the ayes were 139, nays 12. The Bill, having received the requisite constitutional majority, was passed, as amended. The Speaker assumed the Chair. SB 75. By: Senators Deal of the 49th and Greene of the 26th: A BILL to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to provide that prior to the fixing of a sentence, the judge may consider a victim impact statement in determining the appropriate sentence; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to provide that prior to the fixing of a sentence, the judge may consider a victim impact statement in determining the appropriate sentence and in entering any order of restitution to the victim if the defendant, in committing a felony, caused physical, psychological, or economic injury to the victim or, in committing a misdemeanor, caused serious physical injury or death to the victim; to provide for notice in certain cases to the victim of the right to make such a statement orally or in writing; to provide for procedures relating to such statement; to provide that the victim's attorney or designated family member may make such statement when the victim is unable to do so; to provide for victim impact statements prior to consideration of parole; to provide for the contents of such statement; to provide for the form and availability of such statement; to provide for rebuttal of such statement; to provide that no sentence shall be invalidated because of failure to comply with the provisions of law regarding such statements; to provide that such provisions shall not create any cause of action or any right of appeal; to provide for other matters relative to the foregoing; to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide for certain notice to victims of crimes against the person; to provide for mailing such notice; to provide that parole dates shall not be voided under certain circumstances; to 1694 JOURNAL OF THE HOUSE, provide an effective date; to provide for application; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, is amended by adding two new Code sections immediately following Code Section 17-10-1, to be designated Code Sections 17-10-1.1 and 17-10-1.2, to read as follows: "17-10-1.1. (a) Except in cases in which life imprisonment or the death penalty must be imposed, prior to the fixing of the sentence as provided for in Code Section 17-10-1, the judge may consider a victim impact statement in determining the appropriate sentence and in entering any order of restitution to the victim if: (1) The defendant, in committing a felony, caused physical, psychological, or economic injury to the victim; or (2) The defendant, in committing a misdemeanor, caused serious physical injury or death to the victim. (b) A victim impact statement shall: (1) Identify the victim of the offense and the perpetrator; (2) Itemize any economic loss suffered by the victim as a result of the offense; (3) Identify any physical injury suffered by the victim as a result of the offense along with its seriousness and permanence; (4) Describe any change in the victim's personal welfare or familial relationships as a result of the offense; (5) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense; and (6) Contain any other information related to the impact of the offense upon the victim that the court requires. (c) The State Board of Pardons and Paroles shall establish a form document which shall include the elements set forth in subsection (b) of this Code section and shall make copies of such form available to prosecuting attorneys in the state. When requested by the victim, the impact statement form document shall be provided to the victim by the prosecuting attorney. The form shall include the address of the State Board of Pardons and Paroles and contain a statement that the victim must maintain a copy of his address with the State Board of Pardons and Paroles and must notify the board of any change of address. (d) The victim may complete the victim impact statement form and submit such form to the appropriate prosecuting attorney charged with the prosecution of the case. If the victim is unable to do so because of such victim's mental, emotional, or physical incapacity, or because of such victim's age, the victim's attorney or a family member may complete the victim impact statement form on behalf of the victim. Prior to the sentencing, the prosecuting attorney shall file any such written victim impact statement, if in existence at that time, with the court and shall make it available to the defendant. (e) The court shall, in the manner prescribed by rule of court, allow the defendant to have the opportunity to rebut the victim's written statements. (f) If for any reason a victim was not allowed an opportunity to make a written victim impact statement, the victim may submit a victim impact statement to the State Board of Pardons and Paroles in any case prior to consideration of parole. (g) No sentence shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of any person. 17-10-1.2. (a) Except in cases in which life imprisonment or the death penalty must be imposed, prior to the fixing of the sentence as provided for in Code Section 17-10-1, the court, within its discretion, may allow any victim or his representative who elects to make an oral victim impact statement the opportunity to do so in the presence of the defendant before rendering the appropriate sentence and in entering any order of restitution to the victim. Such oral statement may be considered in cases where: WEDNESDAY, FEBRUARY 27, 1985 1695 (1) The defendant, in committing a felony, caused physical, psychological, or economic injury to the victim; or (2) The defendant, in committing a misdemeanor, caused serious physical injury or death to the victim. (b) In making an oral statement, the victim shall, if applicable: (1) Describe the nature of the offense; (2) Itemize any economic loss suffered by the victim as a result of the offense; (3) Identify any physical injury suffered by the victim as a result of the offense along with its seriousness and permanence; (4) Describe any change in the victim's personal welfare or familial relationships as a result of the offense; (5) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense; and (6) Include any other information related to the impact of the offense upon the victim that the court inquires of. (c) The court shall, in the manner prescribed by rule of court, allow the defendant to have the opportunity to rebut the victim's oral statements. (d) No sentence shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of any person." Section 2. Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, is amended by striking Code Section 42-9-47, relating to notification of persons and law enforcement authorities of decisions to parole inmates, and inserting in lieu thereof a new Code Section 42-9-47 to read as follows: "42-9-47. Within 72 hours after the board reaches a final decision to parole an inmate, the district attorney, the presiding judge, the sheriff of each county in which the inmate was tried, convicted, and sentenced, and the local law enforcement authorities of the county of the last residence of the inmate prior to incarceration and the victim of crimes against the person shall be notified of the decision by the chairman of the board. Such notice to the victim shall be mailed to the victim's address as provided for in subsection (c) of Code Section 17-10-1.1. Failure of the prosecuting attorney to provide an address of the victim or failure of the victim to inform the board of a change of address shall not void a parole date set by the board." Section 3. This Act shall become effective on July 1, 1985. Section 4. This Act shall only apply to cases filed on or after July 1, 1985. Section 5. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron YAdams,G YAdams,M YAiken YAlford Alien Y Anderson YArgo Y Athon Y Atkins YAuten Y Bailey YBalkcom Y Bannister Y Bargeron Y Barnett,B Y Bamett.M Y Beck YBenefield Y Benn Birdsong Y Bishop Y Bolster Y Bostick Y Branch Y Bray Brooks Y Brown.G Y Brown,J Y Buck Y BUITUSS Y Byrd Y Carter Chambless Chance Y Cheeks Y ChUdera Childs Y Clark,B Y Clark,L Y Colbert Coleman Y Colwell Connell Y Cooper Copelan Y Couch Cox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Evans Felton Y Foster Y Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Y Manner 1696 JOURNAL OF THE HOUSE, Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson,N Y Jamieson Y Johnson.D Y Johnson,F Y Johnson.R Y Johnson,S Y Kilgore Kingston Y Lane.D Y Lane,R Lawler Y Lawrence Y Lawson Y Lee.C YLee.W Y Under Y Logan NLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Pettit Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P YRoss Y Royal Y Russell Y Selman Y Shepard N Sherrod Y Sinkfield Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smyre Y Stancil Steinberg Y Thomas.C Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Waddle Y Waldrep Walker.C Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams.R Wilson Y Wood Workman Y Yeargin Young Murphy ,Spkr On the passage of the Bill, by substitute, the ayes were 144, nays 2. 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: The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House: HB 281. By: Representatives Burruss of the 20th, Wilson of the 20th, Thompson of the 20th, Lawler of the 20th, Coleman of the 118th, and others: A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to authorize the imposition of a special county 1 percent sales and use tax for road purposes; to provide that the imposition of any such tax must be approved by the voters of the county; and for other purposes. 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 300 Do Pass Respectfully submitted, Lee of the 72nd Chairman The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 300. By: Representatives Martin of the 60th, Wall of the 61st, Goodwin of the 63rd, and others: A RESOLUTION commending and congratulating Nita WEDNESDAY, FEBRUARY 27, 1985 1697 Milam and inviting her to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 322. By: Representatives Lawler of the 20th, Watson of the 114th, Wood of the 9th, and others: A RESOLUTION commending the Honorable Joe E. Brown; and for other purposes. HR 323. By: Representative Dunn of the 73rd: A RESOLUTION recognizing Dorothy Pitts Olson; and for other purposes. HR 324. By: Representatives Steinberg of the 46th, Richardson of the 52nd, Robinson of the 58th, and others: A RESOLUTION commending the members of the Cross Keys High School DECA; and for other purposes. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 281. By: Representatives Burruss of the 20th, Wilson of the 20th, Thompson of the 20th, Lawler of the 20th, Coleman of the 118th, and others: A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to authorize the imposition of a special county 1 percent sales and use tax for road purposes; to provide that the imposition of any such tax must be approved by the voters of the county; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to authorize the imposition of a special county 1 percent sales and use tax; to provide that the imposition of any such tax must be approved by the voters of the county; to provide that general obligation debt may be issued in conjunction with the imposition of the tax; to provide that such debt shall be payable first from the proceeds of the tax but shall constitute a pledge of the full faith, credit, and taxing power of the county; to provide for the manner of imposition of the tax and the duration of the tax; to provide for administration and collection of the tax by the state revenue commissioner; to provide that the proceeds to the county from the tax shall be used exclusively for stated purposes; to provide credits for local sales and use taxes levied in other jurisdictions against said county sales and use tax and against the joint county and municipal sales and use tax; to provide a limit on the total levy of local sales and use taxes; to provide for all matters related to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, is amended by adding a new Article 3 to read as follows: 1698 JOURNAL OF THE HOUSE, "ARTICLE 3 48-8-110. The governing authority of any county in this state may, subject to the requirement of referendum approval and the other requirements of this article, impose within the county a special sales and use tax for a limited period of time. Any tax imposed under this article shall be at the rate of 1 percent. Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2. 48-8-111. (a) Whenever a county governing authority votes to impose the tax authorized by this article, the governing authority shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify: (1) The purpose for which the proceeds of the tax are to be used, which purpose may include only one of the following purposes: (A) Road, street, and bridge purposes; (B) A capital outlay project of the county which is for the use of or the benefit of the citizens of the entire county and which consists of a county courthouse; county administrative buildings; a civic center; a county jail, hospital services or indigent patient care, correctional institution, or other detention facility; a county library; or a coliseum; (C) A capital outlay project which will be operated by a joint authority of the county and one or more municipalities within the county and which will be for the use of or benefit of the citizens of the county and the citizens of one or more municipalities within the county; or (D) A capital outlay project or projects, to be owned and operated either by the county, one or more municipalities, or any combination thereof, with respect to which the county has, prior to the call of the election, entered into a contract or agreement, as authorized by Article IX, Section III of the Constitution, with one or more municipalities in the county, which municipality or municipalities contain more than one-half of the aggregate population of all municipalities within the county; and, for purposes of determining the population of a municipality under this subparagraph, only that portion of the population of each municipality which is within the county shall be included; (2) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years, or not to exceed four years if the proceeds of the tax are to be used for road, street, and bridge purposes, for which the tax may be imposed; (3) The maximum cost of the project or projects which will be funded from the proceeds of the tax, which maximum cost shall also be the maximum amount of net proceeds to be raised by the tax, except that if the tax is to be imposed for road, street, and bridge purposes the maximum cost and maximum proceeds to be raised shall be omitted; and (4) If general obligation debt is to be issued in conjunction with the imposition of the tax, as authorized by this article in cases where the tax is imposed other than for road, street, and bridge purposes, the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt. (b) Upon receipt of the resolution or ordinance, the election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the county. The election superintendent shall set the date of the election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The election superintendent shall cause the date and purpose of the election to be published for not less than 30 days immediately preceding the date of the WEDNESDAY, FEBRUARY 27, 1985 1699 election in the official organ of the county. If general obligation debt is to be issued in conjunction with the imposition of the tax, the notice published by the election superintendent shall also include, in such form as may be specified by the county governing authority, the principal amount of the debt, the purpose for which the debt is to be issued, the rate or rates of interest or the maximum rate or rates of interest the debt will bear, and the amount of principal to be paid in each year during the life of the debt; and such publication of notice by the election superintendent shall take the place of the notice otherwise required by Code Section 36-80-11 or by subsection (b) of Code Section 36-82-1, which notice shall not be required. (c) If the tax is to be imposed for road, street, and bridge purposes, the ballot shall have written or printed thereon the following: '( ) YES Shall a special 1 percent sales and use tax be imposed for road, street, ( ) NO and bridge purposes in _____ County for a period of ______?' (d) (1) If the tax is to be imposed other than for road, street, and bridge purposes and if no debt is to be issued, the ballot shall have written or printed thereon the following: '( ) YES ( ) NO Shall a special 1 percent sales and use tax be imposed in ___ County for a period of time not to exceed ___ and for the raising of not more than $_____ for the purpose of ________?' (2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by subsection (c) of this Code section, the following: 'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of _____ County in the principal amount of $_____ for the above purpose.' (e) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and all persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of imposing the tax then the tax shall be imposed as provided in this article; otherwise the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the county until after 12 months immediately following the month in which the election was held. The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds. (f) (1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county; and any liability 1700 JOURNAL OF THE HOUSE, on such debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county. 48-8-111.1. With respect to any consolidated government created by the consolidation of a county and one or more municipalities, the provisions of this Code section shall control over any conflicting provisions of this article. The tax authorized by this article, if imposed by a consolidated government, shall not be subject to any maximum period of time for which the tax may be levied if general obligation debt is to be issued in conjunction with the imposition of the tax. In such case the resolution or ordinance calling for the imposition of the tax shall not be required to state a maximum period of time for which the tax is to be levied; and the language relating to the maximum period of time for which the tax is to be levied shall be omitted from the ballot. The resolution or ordinance calling for the imposition of the tax shall state the maximum amount of revenue to be raised by the tax, and the tax shall terminate as provided in paragraph (1) or (3) of subsection (b) of Code Section 48-8-112. In all other respects, the levy of a tax under this article by a consolidated government shall be in the same manner as the levy of the tax by any other county. 48-8-112. (a) If the imposition of the tax is approved at the special election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. With respect to services which are regularly billed on & monthly basis, however, the resolution shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in the previous sentence. (b) The tax shall cease to be imposed on the earliest of the following dates: (1) If the resolution or ordinance calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the tax; or (3) If the tax was imposed other than for road, street, and bridge purposes, as of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the county net proceeds equal to or greater than the amount specified as the maximum cost of the project. (c) No county shall impose at any time more than a single 1 percent tax under this article. No county shall adopt a resolution or ordinance calling for the imposition of a tax under this article at any time when a tax under this article is in effect in the county, except that a county in which the tax is currently being imposed for road, street, and bridge purposes may by ordinance or resolution and special election continue the imposition of the tax for a further period not to exceed four years in the same manner as specified for the original imposition of the tax, with such extended period not to commence until the expiration of the authorized period then in effect. 48-8-113. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the county imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from the state tax imposed by Article 1 of this chapter. 48-8-114. Each sales tax return remitting taxes collected under this article shall separately identify the location of each retail establishment at which any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate WEDNESDAY, FEBRUARY 27, 1985 1701 the determination by the commissioner that all taxes imposed by this article are collected and distributed according to situs of sale. 48-8-115. The proceeds of the tax collected by the commissioner in each county under this article shall be disbursed as soon as practicable after collection as follows: (1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; (2) Except for the percentage provided in paragraph (1) of this Code section, the remaining proceeds of the tax shall be distributed to the governing authority of the county imposing the tax. 48-8-116. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside the state, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as he deems necessary and proper. No credit shall be granted, however, against the tax imposed under this article for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the county or in a special district which includes the county; and taxes so paid in another jurisdiction shall be credited first against the tax levied under Article 2 of this chapter, if applicable, and then against the tax levied under this article. 48-8-117. No tax provided for in this article shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the county in which the tax is imposed regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission. 48-8-118. (a) As used in this Code section, the term 'building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract. (b) No tax provided for in this article shall be imposed upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to the voters' approval of the levy of the tax and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy of the tax. 48-8-119. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the tax authorized to be imposed by this article. 48-8-120. Except as provided in Code Section 48-8-6, the tax authorized by this article shall be in addition to any other local sales and use tax. Except as provided in Code Section 48-8-6, the imposition of any other local sales and use tax within a county shall not affect the authority of a county to impose the tax authorized by this article and the imposition of the tax authorized by this article shall not affect the imposition of any otherwise authorized local sales and use tax within the county. 48-8-121. (a) The proceeds received from the tax authorized by this article shall be used by the county exclusively for the purpose specified in the resolution or ordinance calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds of the county and shall not in any manner be commingled with other funds of the county prior to expenditure. (b) If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used for road, street, and bridge purposes, then authorized uses of the tax proceeds shall include acquisition of right of way for, construction 1702 JOURNAL OF THE HOUSE, of, and renovation and improvement of, including relocation of utilities for, roads, streets, and bridges both within the unincorporated area of the county and within the incorporated areas of municipalities within the county. If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used for road, street, and bridge purposes, then no part of the proceeds of the tax shall be used to retire general obligation debt. (c) No general obligation debt shall be issued in conjunction with the imposition of the tax authorized by this article when the tax is imposed for road, street, and bridge purposes. If the tax is imposed for purposes other than road, street, and bridge purposes, then no general obligation debt shall be issued in conjunction with the imposition of the tax unless the county governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due the county will receive from the tax authorized by this article net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on said debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county. (d) The resolution or ordinance calling for imposition of the tax authorized by this article (other than for road, street, and bridge purposes) may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunc- tion with the imposition of the tax. If the resolution or ordinance so provides, then such proceeds shall be used solely for such purpose except as provided in subsection (g) of this Code section. (e) The resolution or ordinance calling for the imposition of the tax authorized by this article (other than for road, street, and bridge purposes) may specify that a part of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the other purposes for which the proceeds will be used; and such other purposes shall be a part of the capital outlay project for which the tax is to be imposed. In such a case no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt service requirements of the gen- eral obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed. (f) The resolution or ordinance calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the purposes for which the proceeds will be used; and such purposes shall be road, street, and bridge purposes or shall be a part of the capital outlay project for which the tax is to be imposed. (g) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for payment of such debt shall be subject to and applied as provided in this subsection. If the county receives from the tax net proceeds (other than from a tax imposed for road, street, and bridge purposes) in excess of the maximum cost of the project or projects stated in the resolution or ordinance calling for the imposition of the tax or in excess of the actual cost of such project, then such excess proceeds shall be subject to and applied as provided in this subsection. If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-112 by reason of denial of validation of debt, then all net proceeds received by the county from the tax shall be excess proceeds subject to this Code section. Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the county other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of the county, it being the intent that any funds so paid into the general fund of the county be used for the purpose of reducing ad valorem taxes." WEDNESDAY, FEBRUARY 27, 1985 1703 Section 2. Said chapter is further amended by striking Code Section 48-8-90, relating to credits against the joint county and municipal sales and use tax for other local sales and use taxes, and inserting in its place a new Code section to read as follows: "48-8-90. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside the state and stteh tax is similar j purpose and intent te the ta* authorized to be imposed by this article, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as he deems necessary and proper. No credit shall be granted, however, against the tax imposed under this article for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the special district or in the county which is coterminous with the special district; and taxes so paid in another jurisdiction shall be credited first against the tax levied under this article and then against the tax levied under Article 3 of this chapter, if applicable." Section 3. Said chapter is further amended by striking Code Section 48-8-6, relating to prohibition of local gross receipts taxes and sales and use taxes, and inserting in its place a new Code section to read as follows: "48-8-6. (a) Except as otherwise authorized by the General Assembly, no county, municipality, school district, or other political subdivision of this state shall impose, levy, or collect a gross receipts tax, sales tax, use tax, or tax on amusement admission or services included in this article. (b) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitutional amendment. If the imposition of any otherwise authorized local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorized by this subsection, then such otherwise authorized tax may not be imposed." Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are repealed. Representative Burruss of the 20th moved that the House agree to the Senate substitute to HB 281. On the motion, the roll call was ordered and the vote was as follows: N Aaron N Adams.G N Adams.M Y Aiken Y Alford Alien Y Anderson YArgo Y Athon Y Atkins Y Auten N Bailey Y Balkcom Y Bannister N Bargeron Y Barnett.B Y Barnett,M YBeck N Benefleld YBenn N Birdsong Y Bishop Y Bolster Y Bostick N Branch YBray Brooks N Brown.G Brown,J YBuck Y Burruss NByrd Carter Y Chambless Chance N Cheeks Y Childers Childs Y Clark,B N Clark,L Y Colbert Y Coleman N Colwell N Connell Y Cooper N Copelan Couch YCox N Crawford N Crosby Y Cummings N Daugherty Y Davis NDean N Dixon N Dobbs Y Dover N Dunn Y Edwards N Evans Felton N Foster YGaler YGodbee YGoodwin Y Greene NGreer N Groover Y Hamilton Manner Y Hasty NHays Y Heard NHill N Holcomb N Holmes Y Hooks N Home N Hudson Y Isakson N Jackaon.J Y Jackson.N Y Jamieson N Johnson ,D Y Johnson.F 1704 JOURNAL OF THE HOUSE, N Johnson,R Y Johnson.S Y Kilgore Y Kingston Lane.D N Lane.R Y Lawler Y Lawrence NLawson Y Lee.C N Lee.W Y Under Y Logan Y Long N Lord N Lucas Y Lupton Y Maddoi Y Mangum Y Martin.C N Martin,J Y Matthews N McDonald Y McKelvey N McKinney N Milam Milford N Moody N Moore N Morton Y Mostiler N Moultrie Y Mueller N Oliver.C Y 01iver,D Padgett Y Pannell N Parham Y Parrish Y Patten N Peters Y Pettit N Phillips Y Pinkston Y Porter N Rainey Y Ramsey.T Y Ramsey.V N Randall N Ransom N Ray N Reaves Y Redding Y Richardson Y Robinson.C Y Robiraon,P Ross On the motion, the ayes were 92, nays 68. The motion prevailed. N Royal N Russell Y Selman N Shepard Y Sherrod N Sinkfield N Sizemore Y Smith,L Y Smith.P N Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C N Thomas,M Y Thompson Y Towneend Y Triplett Twiggs Waddle N Waldrep N Walker.C Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B N William8,J Y Williams,R Y Wilson Y Wood Y Workman Y Yeargin N Young Murphy,Spkr Representative Reaves of the 147th District, Chairman of the Committee on Agriculture & Consumer Affairs, submitted the following report: Mr. Speaker: Your Committee on Agriculture & Consumer Affairs 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 256 Do Pass, by Substitute SB 268 Do Pass SR 154 Do Pass Respectfully submitted, Reaves of the 147th Chairman Representative Wood of the 9th District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report: Mr. Speaker: Your Committee on Defense & Veterans Affairs has had under consideration the following Bills and Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 202 Do Pass SB 213 Do Pass SR 158 Do Pass, as Amended SR 176 Do Pass Respectfully submitted, Wood of the 9th Chairman Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report: Mr. Speaker: WEDNESDAY, FEBRUARY 27, 1985 1705 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 219 Do Pass SB 134 Do Pass Respectfully submitted, Childers of the 15th Chairman Representative Evans of the 84th 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 57 Do Pass SB 191 Do Pass SB 211 Do Pass Respectfully submitted, Evans of the 84th 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 Senate and has instructed me to report the same back to the House with the following recommendations: SB 42 Do Pass SB 253 Do Pass SB 53 Do Pass SB 114 Do Pass Respectfully submitted, Coleman of the 118th Chairman Representative Burruss of the 20th moved that the House do now adjourn until 1:00 o'clock, P.M., tomorrow and the motion prevailed. The Speaker announced the House adjourned until 1:00 o'clock, P.M., tomorrow. 1706 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Thursday, February 28, 1985 The House met pursuant to adjournment at 1:00 o'clock, P.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Adams.G Adams,M Aiken Alford Alien Anderson Argo Athon Atkins Auten Bailey Balkcom Bannister Baraett,B Barnett.M Beck Benefield Birdsong Bishop Bostick Branch Brooks Brown,J Carter Chambless Cheeks Childers Clark.L Colbert Connell Cooper Copelan Couch Crawford Crosby Cummings Daugherty Davis Dixon Dover Edwards Evans Foster Galer Godbee Good win Greene Greer Groover Hamilton Hasty Heard Hill Holcomb Hooks Hudson Jackson.N Jamieson Johnson,F Johnson.S Kingston Lane.D Lane.R Lawler Lawrence Lawson Lee.C Lee.W Logan Long Lucas Maddox Mangum Martin.C Martin,J Matthews McDonald McKelvey Milam Moody Moore Morton Mostiler Moultrie Oliver.C Padgett Pannell Parrish Peters Pettit Pinkston Porter Rainey Ramsey.T Ramsey.V Ransom Ray Reaves Richardson Robinson.C Ross Royal Russell Selman Shepard Sherrod Sinkfield Sizemore Smith.L Smith.P Smith.T Stancil Thomas.M Triplett Waddle Waldrep Walker.C Walker.L Wall Watson Watts Wilder Williams.B WiUiams,J Williams,R Wood Workman Yeargin Murphy,Spkr Prayer was offered by the Reverend David B. York, Pastor, First Baptist Church, Mableton, Georgia. Representative Balkcom of the 140th, 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 committees: THURSDAY, FEBRUARY 28, 1985 1707 HB 1080. By: Representative Bray of the 91st: A BILL to create a new charter for the Town of Moreland; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1081. By: Representative Ross of the 82nd: A BILL to amend an Act placing the clerk of the superior court in Warren County on an annual salary, so as to provide for the compensation of the deputy clerk; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1082. By: Representative Ross of the 82nd: 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, 30 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 1083. By: Representative Heard of the 43rd: A BILL to amend an Act creating a new charter for and reincorporating the Town of Tyrone, so as to provide for the town council composed of the mayor and councilmen; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1084. By: Representative Edwards of the 112th: A BILL to provide for education districts for the election of members of the board of education of Marion County; to provide for the manner of electing members; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 325. By: Representative Dunn of the 73rd: A RESOLUTION creating the House Ad Valorem Property Taxation Study Committee; and for other purposes. Referred to the Committee on Rules. HR 326. By: Representative Argo of the 68th: A RESOLUTION creating the House Travel Industry Study Committee; and for other purposes. Referred to the Committee on Rules. HR 328. By: Representatives Johnson of the 76th and Triplett of the 128th: A RESOLUTION creating the Motor Transit Load Limitation Study Committee; and for other purposes. Referred to the Committee on Rules. HR 329. By: Representatives Johnson of the 123rd, Hays of the 1st, Foster of the 6th, Jackson of the 9th, and Brooks of the 34th: A RESOLUTION creating the House Diversion Centers and Halfway Houses Study Committee; 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: 1708 JOURNAL OF THE HOUSE, HB 1066 HB 1067 HB 1068 HB 1069 HB 1070 HB 1071 HB 1072 HB 1073 HB 1074 HB 1075 HB 1076 HB 1077 HB 1078 HB 1079 HR 312 HR 320 SB 132 SB 258 SB 263 SB 264 SB 267 SB 268 SB 269 SR 168 Representative McDonald of the 12th District, Chairman of the Committee on Appropriations, submitted the following report: Mr. Speaker: Your Committee on Appropriations 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 61 Do Pass, as Amended SB 199 Do Pass, as Amended Respectfully submitted, McDonald of the 12th Chairman 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 65 Do Pass, by Substitute SB 262 Do Pass Respectfully submitted, Pinkston of the 100th Chairman Representative Ross of the 82nd 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: HB 49 Do Pass SB 207 Do Pass Respectfully submitted, Ross of the 82nd Chairman THURSDAY, FEBRUARY 28, 1985 1709 Representative Ware of the 77th 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 204 Do Pass SB 235 Do Pass SB 60 Do Pass, by Substitute Respectfully submitted, Ware of the 77th Chairman Representative Evans of the 84th 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 48 Do Pass SB 87 Do Pass, by Substitute SB 86 Do Pass SB 123 Do Pass SB 166 Do Pass SB 200 Do Pass SB 110 Do Pass, by Substitute Respectfully submitted, Evans of the 84th Chairman Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. Speaker: Your Committee on Motor Vehicles has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 30 Do Pass, by Substitute SB 33 Do Pass, by Substitute Respectfully submitted, Jackson of the 9th Chairman Representative Phillips of the 120th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report: Mr. Speaker: Your Committee on Natural Resources and Environment has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: 1710 JOURNAL OF THE HOUSE, SB 59 Do Pass SB 232 Do Pass, as Amended Respectfully submitted, Phillips of the 120th Chairman Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HR 89 Do Pass SB 149 Do Pass, as Amended HR 282 Do Pass, by Substitute Respectfully submitted, Lee of the 72nd 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 Bill and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 220 Do Pass, as Amended SR 44 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 House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 734 Do Pass, as Amended HB 876 Do Pass HB 949 Do Pass HB 953 Do Pass, as Amended HB 977 Do Pass HB 1024 Do Pass HB 1025 Do Pass HB 1026 Do Pass HB 1027 Do Pass HB 1028 Do Pass HB 1029 Do Pass HB 1032 Do Pass HB 1033 Do Pass HB 1036 Do Pass HB 1037 Do Pass HB 1038 Do Pass HB 1039 Do Pass, by Substitute HB 1040 Do Pass HB 1044 Do Pass THURSDAY, FEBRUARY 28, 1985 1711 HB 1045 Do Pass HB 1049 Do Pass HB 1050 Do Pass HB 1051 Do Pass HB 1054 Do Pass HB 1055 Do Pass, as Amended HB 1056 Do Pass HB 1057 Do Pass HB 1058 Do Pass HB 1059 Do Pass HB 1061 Do Pass HB 1062 Do Pass HB 1063 Do Pass HB 1064 Do Pass HB 1065 Do Pass SB 251 Do Pass SB 254 Do Pass SB 260 Do Pass, by Substitute SB 270 Do Pass Respectfully submitted, Adams of the 36th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, FEBRUARY 28, 1985 Mr. Speaker and Members ot the House: The Committee on Rules has fixed the calendar for this 35th Legislative Day as enumerated below: SB 68 Exit Polls: Prohibit Within 250' Polling Places SB 94 Game & Fish: Bait Shrimping: Nets SB 108 Gasoline Marketing Practices: Retail Sales SB 133 Stone Mountain Memorial Association: Police Powers SB 137 Financial Institutions: Certain Orders: Comply SB 139 Barbershops/Beauty Shops: Nursing Homes: Services SB 165 Schools: Scoliosis Screening: Notices SB 185 Osteopathic Colleges: Grants for Attendance SB 202 Georgia State Guard: Change to State Defense Force SR 27 Camden County: Convey Property SR 102 Glynn County: Convey Property: St. Simon's Island SR 176 Ga. Medal of Honor: Design & Strike: Authorization 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 of the House and Senate were taken up for consideration and read the third time: HB 734. By: Representative Pinkston of the 100th: A BILL to provide for the Consolidated Government of Macon-Bibb, Georgia; and for other purposes. The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend HB 734 by striking from lines 27 through 33 on page 14 the following: "Within three days after a proposed ordinance has been introduced, the secretary shall publish in a newspaper of general circulation designated as the legal organ of the 1712 JOURNAL OF THE HOUSE, consolidated government, a brief description of the subject and purpose of the ordinance and notice of the availability of the proposed ordinance for public inspection in the office of the secretary." By inserting in line 32 of page 31 after "effective date of this charter." the following: "The structure and operations of those Macon-Bibb authorities, boards, and commissions which were created by a local constitutional amendment or a local Act of the General Assembly, which are listed in Section 2-105(d) of this charter, shall not be affected by this consolidation charter." By striking on line 2 of page 37 the words "six months" and inserting in lieu thereof "the next regular session of the Georgia General Assembly". By striking from lines 22 through 25 of page 73 the following: "the election of the first mayor and members of the board of commissioners of the consolidated government and their taking office as the governing authority of the consolidated government", and inserting in lieu thereof the following: "its approval by the voters of the City of Macon and Bibb County as provided for in Section 7-111". By inserting between lines 29 and 30 of page 74 the following: "(3) During the interim period between the time of approval of the proposed charter by the voters and the time when the new mayor and board of commissioners are elected and take office, the existing governments of the City of Macon and Bibb County shall continue in operation except that any contracts entered into by the old governments and any actions involving personnel or financial matters shall be subject to review and approval by the board of commissioners of Macon-Bibb, Georgia." By striking from line 30 of page 76 the following: "On the effective date of this charter", and inserting in lieu thereof the following: "Upon the election of the new mayor and board of commissioners and upon their taking office". By striking from line 16 of page 78 the following: "Bibb County residing within the corporate limits of. By inserting on line 28 of page 78 after "a voter of the following: "the City of Macon or of. The following amendment was read and rejected, having less than the three signatures required pursuant to the delegation's rule: Representative Groover of the 99th moves to amend House Bill 734 by striking subparagraph (b) of Section 7-111 (lines 12 through 22, page 78) and inserting in lieu thereof the following: "(b) All persons desiring to vote for approval of the charter shall vote "Yes," and those persons desiring to vote for rejection of the charter shall vote "No." If (1) more than one-half of the votes cast by the qualified voters of Bibb County or any other county residing within the corporate limits of the City of Macon and (2) more than onehalf of the votes cast by the qualified voters of Bibb County residing outside the corporate limits of the City of Macon, voting separately, are for approval of the charter and THURSDAY, FEBRUARY 28, 1985 1713 tr more triftn one^hflli of the totsl votes CflSt Dy All tile cjusl11led voters "Ot DIDO Oounty are for approval of the charter, then the charter shall become effective. Otherwise, it shall be void and of no force and effect. The expense of such election shall be borne equally by the City of Macon and Bibb County. It is the intention of this paragraph to require that before said charter shall become effective that the same shall be separately approved by a majority of the qualified voters of the county and of each municipality located within such county containing at least 10% of the population of the county and of the qualified voters residing outside of the city limits of the City of Macon voting thereon separately, it being the intention that the requirement of a separate vote for the qualified voters residing outside of the corporate limits of the City of Macon be a requirement prescribed by law. If the manner of submission and vote as contained herein shall be declared to be unconstitutional or void for any reason, then this entire act shall be declared to be void, the General Assembly declaring that the same would not have been passed and submitted if the method of referendum provided herein is held to be invalid. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 92, nays 7. The Bill, having received the requisite constitutional majority, was passed, as amended. Representatives Groover of the 99th, Lucas of the 102nd, and Birdsong of the 104th stated that they wished to be recorded as voting "nay" on HB 734, as amended. HB 876. By: Representative Reaves of the 147th: A BILL to amend an Act amending, revising, superseding, and consolidating the laws creating and governing the Board of Commissioners of Echols County, so as to change the compensation of members of the Board of Commissioners of Echols 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 949. By: Representative Lord of the 107th: A BILL to amend an Act creating a board of commissioners of Washington County, so as to provide for the board, its members, and chairman; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 953. By: Representative Lord of the 107th: A BILL to amend an Act creating a charter for the City of Sandersville, so as to provide for city elections; and for other purposes. The following amendment was read and adopted: 1714 JOURNAL OF THE HOUSE, The Committee on State Planning & Community Affairs moves to amend HB 953 by adding on line 33 of page 3 after the following: "Smith Street", the following: "in a northerly direction". By adding at the end of line 7 of page 4 the following: "in an easterly direction". By adding on line 3 of page 5 after the following: "Proceeding", the following: "westerly". By adding on line 32 of page 5 after the following: "Street", the following: "in a westerly direction". By adding at the end of line 16 of page 7 the following: "southeasterly". By striking from line 15 of page 11 the following: "Tennille", and inserting in its place the following: "Sanders ville". 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 977. By: Representative Peters of the 2nd: A BILL to amend an Act placing the judge of the Probate Court of Catoosa County and the clerk of the superior Court of Catoosa County on an annual salary in lieu of fees; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1024. By: Representative Heard of the 43rd: A BILL to amend an Act creating the office of tax commissioner of Fayette County, so as to change the compensation of the tax commissioner; and for other purposes. THURSDAY, FEBRUARY 28, 1985 1715 The report 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 1025. By: Representative Heard of the 43rd: A BILL to amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Fayette County and providing an annual salary in lieu thereof, 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 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 1026. By: Representative Heard of the 43rd: A BILL to amend an Act abolishing the fee system of compensation for the judge of the Probate Court of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation 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 1027. By: Representative Heard of the 43rd: A BILL to amend an Act abolishing the fee system of compensation for the sheriff of Fayette County and providing an annual salary in lieu thereof, 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 1028. By: Representatives Bargeron of the 108th and Godbee of the 110th: A BILL to provide for election of members to the Burke County board of education; to provide for five education districts; and for other purposes. The following amendment was read and adopted: Representatives Godbee of the 110th and Bargeron of the 108th move to amend HB 1028 by striking Section 4 and inserting in its place a new section to read as follows: "Section 4. The terms of the members in office on the effective date of this section shall expire on December 31, 1986. Members elected under this Act shall be elected in a nonpartisan primary and nonpartisan election in the same manner as specified for nonpartisan election of judicial officers and pursuant to Code Section 21-2-139 of the O.C.G.A. The first members elected under this Act shall be elected at the 1986 election. 1716 JOURNAL OF THE HOUSE, The members elected in 1986 to represent Education Districts No. 1, 2, and 5 shall take office on January 1, 1987, and shall serve for terms of four years and until their successors are elected and qualified. The members elected in 1987 to represent Education Districts No. 3 and 4 shall take office on January 1, 1987, and shall serve for terms of two years and until their successors are elected and qualified. Thereafter, members shall be elected at the election next preceding expiration of a term of office and shall take office on the first day of January following their election to serve for terms of four years and until their successors are elected and qualified." By striking Section 6 and inserting in its place a new section to read as follows: "Section 6. (a) In the event any vacancy occurs on the board of education, the grand jury of Burke County shall select a person to fill the vacancy. The person selected to fill a vacancy shall serve until the first general election which occurs more than 60 days after the date of the vacancy; and at a special election held in conjunction with that general election there shall be elected a member to take office immediately and serve for the remainder of the unexpired term of office. Any person selected to fill a vacancy shall be a resident of the education district in which the vacancy occurs. (b) In the event a vacancy occurs in the office of chairman of the board, the remaining members shall elect from among their members a new chairman to serve for the unexpired term. (c) The board of education of Burke County created by this Act shall be the successor to all the rights, powers, duties, and obligations of the old board of education of Burke County and shall be subject to all constitutional and statutory provisions relating to county boards of education not in conflict with this Act." The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1029. By: Representative Ross of the 82nd: A BILL to abolish the present method of compensating the clerk of the Superior Court of Glascock County, known as the fee system; to provide in lieu thereof an annual salary pursuant to general law; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1032. By: Representatives Aiken of the 21st, Atkins of the 21st, Johnson of the 21st, Wilder of the 21st, Lawler of the 20th, and others: A BILL to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the City of Marietta; and for other purposes. The report 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, FEBRUARY 28, 1985 1717 HB 1033. By: Representatives Cummings of the 17th and Murphy of the 18th: A BILL to provide for a new board of education of Polk County; to provide for the election of members of the board of education; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1036. By: Representatives Lawrence of the 49th, Williams of the 48th, Steinberg of the 46th, Morton of the 47th, Richardson of the 52nd, and others: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorized the Board of Commissioners of DeKalb County to pass ordinances, resolutions, rules, and regulations permitting payment not in excess of $200.00 to owners of personal property injured, damaged, or destroyed by employees 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 1037. By: Representatives Peters of the 2nd and Ramsey of the 3rd: A BILL to amend an Act implementing the constitutional amendment creating the Catoosa County Development Authority, so as to change the manner of selecting 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. HB 1038. By: Representatives Hill of the 83rd and Evans of the 84th: A BILL to amend an Act creating a board of commissioners for Columbia County, so as to change provisions relating to 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. HB 1039. By: Representatives Byrd of the 153rd and Moody of the 153rd: A BILL to amend an Act providing for the election of members of the Board of Education of Jeff Davis County, so as to provide for the districts from which members of the board of education shall be elected and to change the provisions relative to the election of such members; and for other purposes. The following Committee substitute was read and adopted: 1718 JOURNAL OF THE HOUSE, A BILL To amend an Act providing for the election of members of the Board of Education of Jeff Davis County, approved March 27, 1972 (Ga. L. 1972, p. 2760), as amended by an Act approved March 16, 1983 (Ga. L. 1983, p. 4130), so as to provide for the districts from which members of the board of education shall be elected and to change the provisions relative to the election of such members; to provide for five single-member district members and for two at-large members; to provide for other matters relative to the foregoing; to provide for a referendum; 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 providing for the election of members of the Board of Education of Jeff Davis County, approved March 27, 1972 (Ga. L. 1972, p. 2760), as amended by an Act approved March 16, 1983 (Ga. L. 1983, p. 4130), is amended by striking Section 1 and Section 1A in their entirety and substituting in lieu thereof a new Section 1 to read as follows: "Section 1. (a) The Board of Education of Jeff Davis County shall consist of seven members who shall be elected as provided in this section. Two members shall be at-large members of the board of education and shall be elected by a majority of the voters voting within the Jeff Davis County School District. For the purpose of electing the remaining five members of the board, the Jeff Davis County School District shall be divided into five education districts as follows: Education District Number 1: Beginning at the intersection of the Altamaha River and U. S. Highway 221 (GA 135) and proceeding southward along this Highway to its intersection with the Southern Railroad line within the municipal boundaries of the City of Hazlehurst. The District line then turns northwest and follows the Railroad line to the municipal boundary of the City of Hazlehurst where it turns northeast and follows the municipal boundary of the City of Hazlehurst to its intersection with U. S. Highways 341 & 23 (GA 19 & 27). The District line then follows this Highway northwest to the intersection with County Road 18 where it turns north and follows CR 18 to its intersection with County Road 114. The District line then follows CR 114 to its intersection with County Road 185. The District line then proceeds northward until it intersects with the Ocmulgee River. Education District Number 2: Beginning at the intersection of the Altamaha River and U. S. Highway 221 (GA 135) and proceeding southward along this highway to its intersection with the Southern Railroad line within the municipal boundaries of the City of Hazlehurst. The District line then turns southeast and follows the Railroad line to the municipal boundary of the City of Hazlehurst where it turns southwest and follows the municipal boundary of the City of Hazlehurst to its intersection with U. S. Highway 23 (GA 19). The District line then proceeds southeastward along this Highway to its intersection with County Road 173 where it turns east and follows CR 173 to its intersection with County Road 257. The District line then follows CR 257 southeast to its intersection with County Road 172 where it turns northeast and follows CR 172 to the County Line of Jeff Davis and Appling Counties. Education District Number 3: Beginning at the intersection of the Coffee County line and County Road 293 and proceeding north along CR 293 to its intersection with County Road 296 where it follows CR 296 north to its intersection with County Road 249 where it follows CR 249 west to U. S. Highway 221 (GA 135). The District line then proceeds north along this highway to the municipal boundary of the City of Hazlehurst where it turns east and follows the municipal boundary of the City of Hazlehurst until it intersects with County Road 293. The District line then follows CR 293 north to its intersection with U. S. Highway 23 (GA 19) where it proceeds northwest to the intersection of U. S. Highway 221 (GA 135) and Georgia Highway 268. The District line then follows U. S. THURSDAY, FEBRUARY 28, 1985 1719 Highway 221 (GA 135) north to its intersection with the Southern Railroad line. The District line then turns southeast and follows the Railroad line to the municipal boundary of the City of Hazlehurst where it turns southwest and follows the municipal boundary of the City of Hazlehurst to its intersection with U. S. Highway 23 (GA 19). The District line then proceeds southeast along this Highway to its intersection with County Road 173 where it turns east and follows CR 173 to its intersection with County Road 257. The District line then follows CR 257 southeast to its intersection with County Road 172 where it turns northeast and follows CR 172 to the County Line of Jeff Davis and Appling Counties. Education District Number 4: Beginning at the intersection of the Coffee County line and County Road 293 and proceeding north along CR 293 to its intersection with County Road 296 where it follows CR 296 north to its intersection with County Road 249 where it follows CR 249 west to U. S. Highway 221 (GA 135). The District line then proceeds north along this highway to the municipal boundary of the City of Hazlehurst where it turns east and follows the municipal boundary of the City of Hazlehurst until it intersects with County Road 296. The District line then follows CR 296 north to its intersection with U. S. Highway 23 (GA 19) where it proceeds northwest to the intersection of U. S. Highway 221 (GA 135) and Georgia Highway 268. The District line then follows GA 268 southwesterly to its intersection with County Road 8 and then follows County Road 8 southwesterly to its intersection with County Road 10. The District line then follows County Road 10 south to its intersection with GA 268 where it proceeds southwest to the intersection with Georgia Highway 107. The District line then follows GA 107 west to the Coffee County line. Education District Number 5: Beginning at the intersection of the Coffee County line and Georgia Highway 107 and proceeding east to the intersection with Georgia Highway 268. The District line then follows GA 268 northeast to its intersection with County Road 10 where it fol- lows CR 10 north to its intersection with County Road 8. The District line then fol- lows County Road 8 east to its intersection with GA 268 where it proceeds northeast to the intersection with U. S. Highway 221 (GA 135). The District line then follows U. S. Highway 221 (GA 135) north to its intersection with the Southern Railroad line. The District line then turns northwest and follows the Railroad line to the municipal boundary of the City of Hazlehurst where it turns northeast and follows the municipal boundary of the City of Hazlehurst to its intersection with U. S. Highways 341 & 23 (GA 19 & 27). The District line then follows this Highway northwest to the intersection with County Road 18 where it turns north and follows CR 18 to its intersection with County Road 114. The District line then follows CR 114 to its intersection with County Road 185. The District line then proceeds northward until it intersects with the Ocmulgee River. (b) Any part of the Jeff Davis County School District which is not included in any education district described in subsection (a) of this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia and Jeff Davis County. (c) Each member of the Board of Education of Jeff Davis County representing an education district shall be elected by a majority of the voters voting within each respective education district, and one member of the board shall be elected from each such education district. A member of the board representing an education district shall have been a resident of the respective education district for at least six months prior to taking office and shall remain a member of such district during a term of office. Each at-large member of the board shall have been a resident of the Jeff Davis County School District for at least six months prior to taking office and shall remain a resident of said school district during a term of office. Each person offering as a candidate for election to represent an education district shall specify the education district for which the person is offering. There shall be two posts designated Post 1 and Post 2 for the at-large membership of the board. Each person offering as a candidate for election as an at-large member of the board shall designate the post for which the person is offering. 1720 JOURNAL OF THE HOUSE, (d) The first at-large member from Post 1 and the first members from Education Districts 3, 4, and 5 shall be elected at the general election of 1986. The members so elected shall take office on the first day of January, 1987, 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 their terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. The first at-large member from Post 1 and the first members from Education Districts 3, 4, and 5 elected at the general election of 1986 shall be successors to those four members of the heretofore existing Board of Education of Jeff Davis County whose regular terms of office expire on December 31, 1986. For the period beginning on January 1, 1987, and ending on December 31, 1988, the Board of Education of Jeff Davis County shall consist of the four members elected at the general election of 1986 as provided in this subsection and those three members of the heretofore existing Board of Education of Jeff Davis County who were elected at the general election of 1984 and whose regular terms of office expire on December 31, 1988. (e) The first at-large member from Post 2 and the first members from Education Districts 1 and 2 shall be elected at the general election of 1988 and shall take office on January 1, 1989, 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 their terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (f) All members of the Board of Education of Jeff Davis County shall be nominated and elected in accordance with the provisions of O.C.G.A. Chapter 2 of Title 21 known as the 'Georgia Election Code.'" Section 2. Said Act is further amended by adding at the end of Section 3 a new subsection (c) to read as follows: "(c) If any member of the Board of Education of Jeff Davis County representing an education district ceases to be a resident of the education district from which the member was elected, a vacancy in the office of such member shall thereby be created. If an at-large member of said board of education ceases to be a resident of the Jeff Davis County School District, a vacancy in the office of such at-large member shall thereby be created. The elections provided for in subsection (b) of this Section shall be held only within the education district wherein the vacancy exists if the vacancy is in the district membership of the board of education. If the vacancy is in the at-large membership of the board of education, the election shall be held within the entire Jeff Davis County School District." Section 3. It shall be the duty of the election superintendent of Jeff Davis County to issue the call for an election for the purpose of submitting this Act to the electors of the Jeff Davis County School District for approval or rejection. The superintendent shall set the date of such election for the second Tuesday in April, 1986. The superintendent shall issue the call for the election at least 30 but not more than 45 days prior to the date of the election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Jeff Davis County. The ballot shall have written or printed thereon the words: YES Shall the Act providing for the election of five members of the Board of Education of Jeff Davis County from five single-member districts and for ( ) NO the election of two at-large members of said board be approved?" Those persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in Section 4 of this Act, but otherwise it shall be void and of no force and effect. THURSDAY, FEBRUARY 28, 1985 1721 The expense of such election shall be borne by Jeff Davis County. It shall be the duty of the superintendent to hold and conduct such election and to certify the result thereof to the Secretary of State. Section 4. If this Act is approved in the referendum provided for in Section 3 of this Act, it shall become effective as follows: (1) The provisions of this Act necessary for the election at the 1986 general election of the first members of the Board of Education of Jeff Davis County from at-large Post 1 and from Education Districts 3, 4, and 5, as provided in quoted Section 1 of Section 1 of this Act, shall become effective immediately upon the certification of the results of the referendum provided for in Section 3 of this Act; and (2) This Act shall be effective for all purposes on January 1, 1987. Section 5. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1040. By: Representatives Byrd of the 153rd and Moody of the 153rd: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation, powers, authority, funds, purposes, and procedures of the Lyons 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 1044. By: Representatives Dover of the llth, Jamieson of the llth, and McDonald of the 12th: A BILL to amend an Act consolidating the offices of tax receiver and tax collector of Banks County into the office of tax commissioner of Banks 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. 1722 JOURNAL OF THE HOUSE, HB 1045. By: Representative Edwards of the 112th: A BILL to amend an Act providing for the board of commissioners of Taylor County, so as to provide for reapportionment of commissioner districts; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1049. By: Representatives Twiggs of the 4th and Colwell of the 4th: A BILL to amend an Act consolidating the offices of tax receiver and tax collector of Gilmer County into the office of the tax commissioner of Gilmer County, so as to change the compensation and commissions of said 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 1050. By: Representatives Wilson of the 20th, Burruss of the 20th, Cooper of the 20th, Lawler of the 20th, Atkins of the 21st, and others: A BILL to amend an Act creating the Downtown Marietta Development Authority, so as to enlarge the Downtown Marietta 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 1051. By: Representatives Aiken of the 21st, Wilder of the 21st, Isakson of the 21st, Atkins of the 21st, Cooper of the 20th, and others: A BILL to amend an Act creating the State Court of Cobb County, so as to change compensation provisions relating to the chief deputy clerk and the clerk; to change compensation provisions relating to the chief assistant solicitor and the assistant solicitors; and for other purposes. The report 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 1054. By: Representatives Jackson of the 9th, Lawson of the 9th, and Wood of the 9th: A BILL to amend an Act creating the office of tax commissioner of Dawson 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. THURSDAY, FEBRUARY 28, 1985 1723 On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1055. By: Representatives Wood of the 9th, Jackson of the 9th, and Lawson of the 9th: A BILL to amend an Act placing the clerk of the Superior Court of Dawson County and the judge of the Probate Court of Dawson County upon an annual salary, so as to change the compensation of said clerk and judge; and for other purposes. The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend HB 1055 by striking lines 18 through 21 of page 1 in their entirety and inserting in lieu thereof the following: "receive an annual salary of $14,600.00, payable in equal monthly installments from the funds of Dawson County. Said sum shall be increased by 3 percent for each complete term of office served by the clerk. In addition to the salary provided by this section, the clerk shall receive the amounts provided by O.C.G.A. Code Section 15-6-89 for such clerk's service as the clerk of the juvenile 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 ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1056. By: Representative Cox of the 141st: A BILL to amend an Act creating the office of tax commissioner of Seminole County, so as to change provisions relating to the compensation of the tax commissioner; 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 1057. By: Representative Cox of the 141st: A BILL to amend an Act providing for the compensation of the judge of probate court of Seminole County, so as to change provisions relating to the compensation of the judge of 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 1058. By: Representative Cox of the 141st: A BILL to amend an Act providing for the compensation of the clerk of superior court of Seminole County, so 1724 JOURNAL OF THE HOUSE, as to change provisions relating to the compensation of the clerk of superior court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1059. By: Representative Cox of the 141st: A BILL to amend an Act providing for the compensation of the sheriff of Seminole County, so as to change 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. HB 1061. By: Representatives Dover of the llth, Jamieson of the llth, and McDonald of the 12th: A BILL to amend an Act creating the Banks County board of commissioners, so as to change the compensation of 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 1062. By: Representatives Bailey of the 72nd, Johnson of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, and Lee of the 72nd: A BILL to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporters of the Clayton 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 1063. By: Representatives Bailey of the 72nd, Johnson of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, and Lee of the 72nd: A BILL to provide that the magistrates of the Magistrate Court of Clayton County shall post bond or surety with the governing authority of Clayton County conditioned upon the faithful discharge of their duties as magistrates; and for other purposes. The report 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, FEBRUARY 28, 1985 1725 HB 1064. By: Representatives Bailey of the 72nd, Johnson of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, and Lee of the 72nd: A BILL to provide for the compensation of the judge of the Juvenile Court of Clayton 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 1065. By: Representatives Bailey of the 72nd, Benefield of the 72nd, Johnson of the 72nd, Holcomb of the 72nd, and Lee of the 72nd: A BILL to amend an Act creating the State Court of Clayton County, so as to change the deposits for advance 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. SB 251. By: Senator Foster of the 50th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the Dawson County Industrial Building 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 254. By: Senator Bryant of the 3rd: A BILL to amend an Act creating a charter for the City of Bloomingdale, so as to change the method of electing the vicemayor; and for other purposes. The report 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 260. By: Senator Kidd of the 25th: A BILL to amend an Act establishing a new charter for the City of Milledgeville, so as to change the provisions relating to terms of office of certain city officials; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, so as to change the corporate limits 1726 JOURNAL OF THE HOUSE, of said city; to change the provisions relating to terms of office of certain city officials; to provide that certain city officials shall serve at the pleasure of the mayor; to provide for filling vacancies in certain city offices; 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 establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, is amended by adding at the end of Section 3 the following: "In addition to the area now embraced within the corporate limits of the City of Milledgeville, the following described tract of land shall be included within said corporate limits: All that tract of land situate, lying and being in the 318th G.M.D. of and in Baldwin County, Georgia known as the right-of-way of U.S. Highway #441 beginning at a point where the present corporate limits of the City of Milledgeville, as established on May 14, 1974, intersects with the eastern right-of-way boundary line of U.S. Highway #441 and the western boundary line of that certain property presently owned by Jone Herrin Wade. Said Point of Beginning is identified and designated as the Point of Reference on that certain plat entitled 'Proposed Annexation Plat for City of Milledgeville', dated February 1, 1985, prepared by James E. Smith, Jr., Georgia Registered Land Surveyor No. 1895, Ogletree, Smith & Associates, recorded in the Office of the Clerk of Superior Court of Baldwin County, Georgia, in Plat Book II, Pages 292-293. From the Point of Beginning thence running S 81 degrees 26' 22" W a distance of 150.00 feet; thence running in a northerly direction along an arc forming part of the western right-of-way boundary line of U.S. Highway #441, a distance of 349.93 feet (identified as Curve #3 on the aforementioned plat); thence running S 88 degrees 15' 13" W a distance of 15.00 feet; thence running in a northerly direction along an arc forming part of the western right-of-way boundary line of U.S. Highway #441 a distance of 206.28 feet (identified as Curve #4 on the aforementioned plat); thence running S 87 degrees 44' 28" E a distance of 15.00 feet; thence running N 04 degrees 25' 00" E a distance of 955.50 feet; thence continuing in a northerly direction along an arc forming part of the western right-of-way boundary line of U.S. Highway #441 a distance of 1025.00 feet (identified as Curve #7 on the aforementioned plat); thence running N 16 degrees 38' 00" W a distance of 966.10 feet; thence continuing in a northerly direction along an arc forming part of the western right-of-way boundary line of U.S. Highway #441 a distance of 658.52 feet (identified as Curve #10 on the aforementioned plat); thence running N 10 degrees 08' 00" W a distance of 2146.30 feet; thence continuing in a northerly direction along an arc forming part of the western right-of-way boundary line of U.S. Highway #441 a distance of 656.86 feet (identified as Curve #14 on the aforementioned plat); thence running N 20 degrees 11' 00" W a distance of 1259.20 feet; thence continuing in a northerly direction along an arc forming part of the western boundary line of U.S. Highway #441 a distance of 734.78 feet (identified as Curve #15 on the aforementioned plat); thence running N 16 degrees 32' 00" W a distance of 2182.70 feet; thence continuing in a northerly direction along an arc forming part of the western right-of-way boundary line of U.S. Highway #441 a distance of 583.39 feet (identified as Curve #19 on the aforementioned plat); thence running N 76 degrees 21' 53" E a distance of 150.00 feet; thence running in a southerly direction along an arc forming part of the eastern right-of-way boundary line of U.S. Highway #441 a distance of 575.81 feet (identified as Curve #20 on the aforementioned plat); thence running S 16 degrees 32' 00" E a distance of 2182.70 feet; thence continuing in a southerly direction along an arc forming part of the eastern right-of-way boundary line of U.S. Highway #441 a distance of 725.22 feet (identified as Curve #16 on the aforementioned plat; thence running S 20 degrees 11' 00" E a distance of 1259.20 feet; thence continuing in a southerly direction along an arc forming part of the eastern right-of-way boundary line of U.S. Highway #441 a distance of 683.17 feet (identified as Curve #17 on the aforementioned plat); thence THURSDAY, FEBRUARY 28, 1985 1727 running S 10 degrees 08' 00" E a distance of 2146.30 feet; thence continuing in a southerly direction along an arc forming part of the eastern right-of-way boundary line of U.S. Highway #441 a distance of 641.50 feet (identified as Curve #11 on the aforementioned plat); thence running S 16 degrees 38' 00" E a distance of 966.10 feet; thence continuing in a southerly direction along an arc forming part of the eastern right-of-way boundary line of U.S. Highway #441 a distance of 1080.11 feet (identified as Curve #8 on the aforementioned plat); thence running S 04 degrees 25' 00" W a distance of 955.50 feet; thence continuing in a southerly direction along an arc forming part of the eastern right-of-way boundary line of U.S. Highway #441 a distance of 631.91 feet (identified as Curve #6 on the aforementioned plat) to the Point of Beginning. The tract of land described herein is the same tract of land being more particularly described and identified on the aforementioned plat recorded in the Office of the Clerk of the Superior Court of Baldwin County, Georgia, in Plat Book II, Pages 292-293." Section 2. Said Act is further amended by striking in its entirety subsection (b) of Section 21A and inserting in lieu thereof a new subsection (b) to read as follows: "(b) To nominate the following officers and officials of the City of Milledgeville, who shall serve for a term of office of four years each following their confirmation by a vote of four aldermen: (1) clerk and treasurer; (2) chief of police; (3) chief of the fire department; (4) all city department heads; (5) city recorder; and (6) city attorney. Provided, however, that such officers and officials shall serve at the pleasure of the mayor and may be removed by the mayor during such term of office. Upon a vacancy occurring in any of the offices listed in this subsection, the mayor shall nominate a person to fill such vacancy, and such person shall serve for the remainder of the unexpired term following confirmation by a vote of four aldermen." Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, except that Section 2 of this Act shall become effective on January 1, 1986. 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 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 270. By: Senator Reddish of the 6th: A BILL to amend an Act creating a new charter for the City of Jesup, so as to change the provisions relating to the election of the mayor 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. 1728 JOURNAL OF THE HOUSE, The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bills of the House: HB 577. By: Representatives Padgett of the 86th, Cheeks of the 89th, Connell of the 87th, and Ransom of the 90th: A BILL to repeal an Act entitled "An Act to create the Pine Hill Water and Sewerage Authority in Richmond County, Georgia"; and for other purposes. HB 733. By: Representative Patten of the 149th: A BILL to amend an Act creating a new board of education of Lanier County, so as to change the provisions relating to the election of members of the board of education; and for other purposes. HB 823. By: Representative Royal of the 144th: A BILL to amend an Act providing a new charter for the City of Doerun, so as to change the provisions relating to punishment which may be imposed by the recorder's court; and for other purposes. HB 833. By: Representative Copelan of the 106th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Greene County Development Authority; and for other purposes. HB 834. By: Representative Copelan of the 106th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the election of members of the Board of Education of Greene County; and for other purposes. HB 851. By: Representatives Goodwin of the 63rd, Martin of the 60th, Wall of the 61st, Lawson of the 9th, Jackson of the 9th, and others: A BILL to provide that the tax commissioner of Gwinnett County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Gwinnett County to reimburse the county for the cost of collecting school taxes; and for other purposes. HB 854. By: Representative Matthews of the 145th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation of the Moultrie-Colquitt County Development Authority; and for other purposes. HB 855. By: Representative Matthews of the 145th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to providing for the election of members of the board of education of Colquitt County and the appointment of the school superintendent by the board; and for other purposes. HB 856. By: Representatives Williams of the 6th, Ramsey of the 3rd, and Foster of the 6th: A BILL to repeal an Act providing for a board of elections in each county of this state having a population of not less than 60,000 and not more than 67,000; and for other purposes. THURSDAY, FEBRUARY 28, 1985 1729 HB 857. By: Representatives Williams of the 6th, Ramsey of the 3rd, and Foster of the 6th: A BILL to create a board of elections and registration for Whitfield County; and for other purposes. HB 869. By: Representatives Twiggs of the 4th and Colwell of the 4th: A BILL to abolish the office of treasurer of Towns County; and for other purposes. HB 870. By: Representatives Dover of the llth and Jamieson of the llth: A BILL to amend an Act creating a board of commissioners for Habersham County, so as to change the commissioner districts; to change the provisions relative to the election of the members of the board of commissioners; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House: HB 785. By: Representatives Pinkston of the 100th, Home of the 103rd, Groover of the 99th, and Randall of the 101st: A BILL to amend an Act providing a new charter for the City of Macon, Georgia, so as to change the corporate limits of said city; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House: HB 45. By: Representative Lane of the 27th: A BILL to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, so as to prohibit any person, firm, or corporation from selling, transferring, or conveying a salvage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title; and for other purposes. HB 431. By: Representatives Balkcom of the 140th, Royal of the 144th, Sherrod of the 143rd, Hooks of the 116th, Crawford of the 5th, and others: A BILL to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel taxation, so as to remove current provisions relating to liability for taxes on fuel sold to ultimate consumers who have both highway and nonhighway uses for such fuel; to make new provisions for liability for taxes on fuel delivered to purchasers who have storage receptacles with certain withdrawal outlets; and for other purposes. HB 542. By: Representative Chambless of the 133rd: A BILL to amend Code Section 36-15-9 of the Official Code of Georgia Annotated, relating to collection of costs for law libraries, so as to authorize such costs in any corporate, police, recorder's, or mayor's court of a municipality under certain conditions; and for other purposes. HB 635. By: Representatives Maddox of the 7th, Pettit of the 19th, and Childers of the 15th: A BILL to amend an Act providing a supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, so as to change the supplementary compensation to be paid to each judge of the superior courts of the Cherokee Judicial Circuit; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the House: HB 33. By: Representatives Parham of the 105th and Cooper of the 20th: A BILL to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, 1730 JOURNAL OF THE HOUSE, relating to controlled substances, so as to change the listing of certain controlled substances; to change the listing of dangerous drugs; and for other purposes. HB 88. X By: Representatives Walker of the 115th, Benefield of the 72nd, and Smyre of the 92nd: A BILL to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating generally to requesting judicial assistance from other courts, so as to authorize the Governor to fill temporarily certain vacancies in certain situations; and for other purposes. HB 134. By: Representative Jackson of the 9th: A BILL to amend Code Section 40-2-42 of the Official Code of Georgia Annotated, relating to theft of license plates, so as to require the reporting of a lost or mutilated license plate or revalidation sticker; and for other purposes. HB 155. By: Representatives Galer of the 97th, Benefield of the 72nd, Walker of the 115th, Steinberg of the 46th, Smyre of the 92nd, and others: A BILL to revise extensively statutes relative to the enforcement of child and spousal support obligations; to implement certain changes required by the federal Child Support Enforcement Amendments of 1984, relating to garnishment proceedings, so as to provide for amounts of earnings which may be subject to continuing garnishment for support; and for other purposes. HB 159. By: Representative Walker of the 115th and others: A BILL to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to authorize the court imposing the death penalty to fix a seven-day period of time, rather than a date certain, during which the sentence shall be carried out; and for other purposes. HB 199. By: Representative Bishop of the 94th: A BILL to amend Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to the Department of Medical Assistance, so as to authorize the department to enter into reciprocal and cooperative arrangements with other states; and for other purposes. HB 316. By: Representatives Johnson of the 123rd and Morton of the 47th: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide that sales of crab bait to, and use of crab bait by, commercial fishermen shall be exempt from sales and use taxation; and for other purposes. HB 358. By: Representatives Ware of the 77th and Lawson of the 9th: A BILL to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the purchase of liability insurance, contracts of indemnity, and self-insurance programs for public officers and employees, so as to provide that the Georgia Correctional Industries Administration shall be authorized, in its discretion, to participate as an insured entity in any program of self-insurance administered by the commissioner of administrative services; and for other purposes. HB 368. By: Representative Colbert of the 23rd: A BILL to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, so as to change the definition of the term "landmark museum building"; to change the provisions relating to requirements of landmark museum buildings; and for other purposes. THURSDAY, FEBRUARY 28, 1985 1731 HB 369. By: Representatives Martin of the 60th, Colbert of the 23rd, Hanner of the 131st, Bannister of the 62nd, Ramsey of the 3rd, and Coleman of the 118th: A BILL to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to repeal provisions concerning fire inspections of day-care homes and day-care centers; to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, so as to include day-care homes and day-care centers as subject to regulations of the Safety Fire Commissioner; and for other purposes. HB 393. By: Representatives Holcomb of the 72nd, Jackson of the 9th, Yeargin of the 14th, Coleman of the 118th, Benefield of the 72nd, and others: A BILL to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records of the Department of Public Safety, so as to provide that certain driving records shall be made available to boards of educatiovn without charge; and for other purposes. HB 447. By: Representative Hudson of the 117th: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide an exemption for pecan sprayers, pecan shakers, and other equipment used in harvesting pecans sold to persons engaged in the growing and production of pecans; and for other purposes. HB 462. By: Representatives Hanner of the 131st, Chambless of the 133rd, Richardson of the 52nd, Hooks of the 116th, Coleman of the 118th, and Steinberg of the 46th: A BILL to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to reenact Article 3 thereof, relating to criminal records checks and determinations based thereon for certain centers, homes, and institutions which care for children; and for other purposes. HB 560. By: Representatives Ware of the 77th, Lawson of the 9th, Auten of the 156th, Bargeron of the 108th, and Wood of the 9th: A BILL to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to change certain fees charged for service of process on foreign, alien, and unauthorized insurers; to change the fees charged for filing an application for an original certificate of authority and for the issuance of an original certificate of authority; and for other purposes. HB 602. By: Representative Bargeron of the 108th: A BILL to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to provide that an appearance bond shall not be forfeited if, prior to the forfeiture hearing, the principal in the bond is in custody; and for other purposes. HB 684. By: Representatives Peters of the 2nd, Williams of the 6th, Wilson of the 20th, and Linder of the 44th: A BILL to amend Code Section 28-2-1, relating to apportionment of the House of Representatives and qualifications of its members, so as to change the composition of certain state representative districts; to provide for all related matters; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House: 1732 JOURNAL OF THE HOUSE, HB 609. By: Representatives Dover of the llth and Jamieson of the llth: A BILL to amend an Act creating the office of tax commissioner of White County, so as to change the compensation of the tax commissioner; and for other purposes. The Senate has disagreed to the House amendments to the following Resolution of the Senate: SR 10. By: Senator Kidd of the 25th: A RESOLUTION authorizing the conveyance of certain state owned property located in the City of Milledgeville, Baldwin County, Georgia; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House: HB 226. By: Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, and Benefield of the 72nd: A BILL to make and provide appropriations for the fiscal year beginning July 1, 1985 and ending June 30, 1986; and for other purposes. The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: HB 226. By: Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, and Benefield of the 72nd: A BILL to make and provide appropriations for the fiscal year beginning July 1, 1985 and ending June 30, 1986; 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, 1985, and ending June 30, 1986; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: That the sums of money hereinafter provided are appropriated for the State fiscal year beginning July 1, 1985, and ending June 30, 1986, as prescribed hereinafter for such fiscal year, from funds from the Federal Government, and the General Funds of the State including unappropriated surplus and a revenue estimate of $4,838,000,000 for State fiscal year 1986. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch........................................................................$ 17,348,140 Personal Services - Staff ....................................................................................$ 6,964,638 Personal Services - Elected Officials .............................................................................................................$ 2,380,108 THURSDAY, FEBRUARY 28, 1985 1733 Regular Operating Expenses..............................................................................$ 1,656,924 Travel - Staff .......................................................................................................$ 91,200 Travel - Elected Officials....................................................................................! -0- Motor Vehicle Equipment Purchases................................................................! -0- Publications and Printing ..................................................................................$ 533,000 Equipment Purchases.........................................................................................! 464,022 Computer Charges...............................................................................................! 586,684 Real Estate Rentals ............................................................................................$ 8,783 Telecommunications...........................................................................................! 600,803 Per Diem, Fees and Contracts - Staff..............................................................................................! 540,690 Per Diem, Fees and Contracts - Elected Officials............................................................................! 1,719,896 Postage..................................................................................................................! 63,592 Photography.........................................................................................................! 65,000 Expense Reimbursement Account ....................................................................$ 1,132,800 Capital Outlay......................................................................................................! 550,000 Total Funds Budgeted........................................................................................! 17,348,140 State Funds Budgeted ........................................................................................$ 17,348,140 Senate Functional Budgets Total Funds State Funds Senate ! 3,124,734 $ 3,124,734 Lt. Governor's Office ! 348,841 ! 348,841 Secretary of the Senate's Office ! 866,277 ! 866,277 Total ! 4,339,852 $ 4,339,852 House of Representatives Speaker of the House's Office Clerk of the House's Office Total House Functional Budgets Total Funds State Funds ! 6,451,977 ! 6,451,977 ! 226,716 ! 226,716 ! 953.233 ! 953,233 ! 7,631,926 ! 7,631,926 Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total Joint Functional Budgets Total Funds 2,140,625 1,482,561 677,550 ! 1,075,626 5,376,362 State Funds 2,140,625 1,482,561 677,550 ! 1,075,626 5,376,362 1734 JOURNAL OF THE HOUSE, 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 Legislatures and the National Conference of Insurance Legislators and other legislative orga- nizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorized the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any state owned building other than the State Capitol, the committee shall measure the need for said space as compared to the space requirement for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction for legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publish- ing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs 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 appropriations. Section 2. Department of Audits. Budget Unit: Department of Audits ....................................................................$ 6,783,869 Operations...............................................................................................................! 7,597,152 Tax Ratio Study........................................................................................................$ 350,000 Total Funds Budgeted ..........................................................................................$ 7,947,152 State Funds Budgeted...........................................................................................! 6,783,869 Total Positions Budgeted 195 Authorized Motor Vehicles 37 PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court ...................,............................................................$ 3,030,000 Court Operations....................................................................................................! 2,911,000 Appellate Court Reports..........................................................................................! 119,000 Section 4. Court of Appeals. Budget Unit: Court of Appeals .............................................................................$ 3,398,042 THURSDAY, FEBRUARY 28, 1985 1735 I Section 5. Superior Courts. I Budget Unit: Superior Courts .............................................................................$ 25,926,400 j Operation of the Courts ......................................................................................$ 24,667,755 Prosecuting Attorneys' Council ..............................................................................$ 516,000 Sentence Review Panel ............................................................................................$ 110,000 Council of Superior Court Judges............................................................................................................! 49,900 Judicial Administrative Districts ..................................................................................................................$ 575,500 Habeas Corpus Clcrk....................................................................................................$ 7,245 : Section 6. Juvenile Courts. Budget Unit: Juvenile Courts...................................................................................! 597,810 Council Operations...................................................................................................$ 167,810 Circuit Judgeships ....................................................................................................$ 430,000 Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education.........................................................................................$ 263,912 Institute's Operations...............................................................................................! 246,500 Georgia Magistrate Courts Training Council .....................................................................................................$ 17,412 Section 8. Judicial Council. Budget Unit: Judicial Council..................................................................................! 605,700 Council Operations...................................................................................................! 518,900 Payments to Judicial Administrative Districts for Case Counting..........................................................................................................! 67,100 Board of Court Reporting..........................................................................................! 19,700 Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission....................................................................................................! 104,325 PART III. .'; EXECUTIVE BRANCH Section 10. Department of Administrative Services. A. Budget Unit: Department of Administrative Services.............................................................................! 19,370,046 Administrative Services Budget: Personal Services..................................................................................................! 28,772,699 Regular Operating Expenses................................................................................! 7,187,813 Travel..........................................................................................................................! 186,613 Motor Vehicle ; Equipment Purchases...........................................................................................! 378,330 "; Publications and Printing........................................................................................! 266,901 ;; Equipment Purchases............................................................................................! 1,015,498 is Computer Charges .................................................................................................$ 7,369,431 '' Real Estate Rentals ...............................................................................................$ 2,802,692 '; Telecommunications.................................................................................................! 500,011 Per Diem, Fees and Contracts................................................................................! 511,381 1736 JOURNAL OF THE HOUSE, Rents and Maintenance Expense ......................................................................$ 20,041,264 Utilities.........................................................................................................................$ 32,700 Unemployment Compensation Reserve......................................................................................................................! 11,552 State of Georgia General Obligation Debt Sinking Fund....................................................................................$ -0- Payments to DOAS Fiscal Administration........................................................................................! 1,845,140 Direct Payments to Georgia Building Authority for Capital Outlay.......................................................................................................$ 300,000 Direct Payments to Georgia Building Authority for Authority Lease Rentals ......................................................................................$ 850,000 Direct Payments to Georgia Building Authority for Operations......................................................................................................................! -0- Telephone Billings...............................................................................................! 29,292,784 Materials for Resale...............................................................................................! 8,636,000 Public Safety Officers Indemnity Fund ....................................................................................................$ 608,800 Health Planning Review Board Operations....................................................................................................! 55,000 Georgia Golf Hall of Fame Operations.....................................................................................................! 30,000 Unemployment Compensation Payments.............................................................................................................! 2,000,000 Total Funds Budgeted ......................................................................................$ 112,694,609 State Funds Budgeted.........................................................................................! 19,370,046 Total Positions Budgeted 1,003 Authorized Motor Vehicles 300 Department of Administrative Services Functional Budgets Pos. Total Funds State Funds State Properties Commission 6! 310,144 ! 310,144 Departmental Administration 42 ! 2,946,359 $ 2,946,359 Treasury and Fiscal Administration 30 ! 10,506,407 ! 8,661,267 Central Supply Administration 19 ! 8,442,710 ! -0- Procurement Administration 52 ! 2,164,560 $ 2,164,560 General Services Administration 11 ! 471,198 ! -0- Space Management Administration 12 ! 418,716 ! 418,716 Data Processing Services Motor Pool Services Communication Services 541 ! 24 ! 120 ! 44,186,771 ! 2,231,793 ! 33,705,483 $ 4,869,000 -0-0- THURSDAY, FEBRUARY 28, 1985 1737 Printing Services 69 ? 4,630,532 $ -0- Surplus Property Services 40 $ 1,259,562 $ -0- Mail and Courier Services 10 $ 338,344 $ -0- Risk Management Services 27 $ 1,082,030 $ -0- Undistributed __Q $ ^$ -0; Total 1,003 $ 112,694,609 $ 19,370,046 B. Budget Unit: Georgia Building Authority..................................................................$ ;Ch Georgia Building Authority Budget: Personal Services..................................................................................................? 14,109,040 Regular Operating Expenses ................................................................................$ 3,353,461 Travel..............................................................................................................................$ 4,000 Motor Vehicle Equipment Purchases.................................................................................................................^ 34,600 Publications and Printing..........................................................................................? 30,000 Equipment Purchases.................................................................................................$ 94,860 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ....................................................................................................$ 46,296 Telecommunications...................................................................................................? 84,679 Per Diem, Fees and Contracts ................................................................................$ 120,000 Capital Outlay ...........................................................................................................$ 200,000 Authority Lease Rentals ..........................................................................................$ 855,968 Utilities ....................................................................................................................$ 6,953,164 Payments to DOAS for General Obligation Debt Sinking Fund .................................................................................................................$ -0- Facilities Renovations and Repairs ............................................................................................................$ 300,000 Total Funds Budgeted ........................................................................................$ 26,186,068 State Funds Budgeted......................................................................................................$ -0- Total Positions Budgeted 542 Authorized Motor Vehicles 39 Section 11. Department of Agriculture. A. Budget Unit: Department of Agriculture...................................................................................................$ 24,089,374 State Operations Budget: Personal Services..................................................................................................? 21,897,668 Regular Operating Expenses ................................................................................$ 2,178,472 Travel..........................................................................................................................$ 848,358 Motor Vehicle Equipment Purchases................................................................................................................$ 236,313 Publications and Printing........................................................................................? 529,546 Equipment Purchases...............................................................................................? 139,216 Computer Charges....................................................................................................? 170,000 Real Estate Rentals..................................................................................................? 598,167 Telecommunications.................................................................................................? 350,557 Per Diem, Fees and Contracts................................................................................? 272,910 Market Bulletin Postage..........................................................................................? 520,500 Payments to Athens and Tifton Veterinary Laboratories....................................................................................? 1,804,209 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston Statesboro and Tifton .......................................................................................$ 1,242,178 1738 JOURNAL OF THE HOUSE, Veterinary Fees .........................................................................................................$ 510,750 Indemnities ..................................................................................................................$ 58,000 Bee Indemnities..........................................................................................................! 50,000 Advertising Contract ..................................................................................................$ 95,000 Payments to Georgia Agrirama Development Authority for Operations ..............................................................................................................$ 295,000 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets...............................................................................................$ 285,000 Contract - Federation of Southern Cooperatives...........................................................................................! 60,000 Tick Control Program ....................,...........................................................................$ 50,000 Total Funds Budgeted ........................................................................................$ 32,191,094 State Funds Budgeted.........................................................................................! 24,839,374 Total Positions Budgeted 905 Authorized Motor Vehicles 271 Department of Agriculture Functional Budgets Pos. Total Funds State Funds Plant Industry 171 4,649,265 4,097,163 Animal Industry 57 5,412,359 5,061,480 Marketing 43 1,653,121 1,645,121 General Field Forces 107 2,593,471 2,593,471 Internal Administration 55 3,027,571 2,923,294 Information and Education 8 1,123,590 1,123,590 Fuel and Measures 71 1,887,741 1,882,741 Consumer Services 27 892,773 892,773 Consumer Protection Field Forces 130 3,981,895 3,108,853 Meat Inspection 122 3,388,183 1,343,712 Major Markets Seed Technology 106 3,319,771 8 261,354 167,176 -0- Undistributed 0 -0; -0; Total 905 $ 32,191,094 24,839,374 B. Budget Unit: Georgia Agrirama Development Authority ....................................................................................$ -0- Georgia Agrirama Development Authority Budget: Personal Services.......................................................................................................! 482,575 Regular Operating Expenses ...................................................................................$ 116,592 Travel..............................................................................................................................! 6,720 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing..........................................................................................! 12,917 Equipment Purchases...................................................................................................! 9,552 Computer Charges.............................................................................................................! -0- THURSDAY, FEBRUARY 28, 1985 1739 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .....................................................................................................$ 6,972 Per Diem, Fees and Contracts..................................................................................$ 24,250 Capital Outlay...........................................................................................................! 137,000 Goods for Resale .........................................................................................................$ 85,674 Total Funds Budgeted .............................................................................................$ 882,252 State Funds Budgeted..............................................................................................! 295,000 Total Positions Budgeted 28 Section 12. Department of Banking and Finance. Budget Unit: Department of Banking and Finance...............................................................................................-! 4,130,666 Administration and Examination Budget: Personal Services....................................................................................................! 3,294,259 Regular Operating Expenses ...................................................................................I 168,715 Travel..........................................................................................................................! 255,000 Motor Vehicle Equipment Purchases......................................................................! 92,300 Publications and Printing.........................................................................................-! 14,300 Equipment Purchases...................................................................................................! 4,900 Computer Charges....................................................................................................! 116,200 Real Estate Rentals ..................................................................................................$ 146,000 Telecommunications...................................................................................................! 36,992 Per Diem, Fees and Contracts....................................................................................! 2,000 Total Funds Budgeted ..........................................................................................$ 4,130,666 State Funds Budgeted...........................................................................................! 4,130,666 Total Positions Budgeted 102 Authorized Motor Vehicles 28 Section 13. Department of Community Affairs. A. Budget Unit: Department of Community Affairs.......................................................................................! 5,407,885 State Operations Budget: Personal Services....................................................................................................! 3,800,645 Regular Operating Expenses ...................................................................................$ 135,040 Travel..........................................................................................................................! 187,900 Motor Vehicle Equipment Purchases..................................................................................................................! 24,000 Publications and Printing..........................................................................................! 70,025 Equipment Purchases...................................................................................................! 7,072 Computer Charges ......................................................................................................$ 21,000 Real Estate Rentals ..................................................................................................$ 205,692 Telecommunications...................................................................................................! 84,900 Per Diem, Fees and Contracts..................................................................................! 84,430 Capital Felony Expenses............................................................................................! 50,000 Contracts with Area Planning and Development Commissions .......................................................................$ 1,282,500 Local Assistance Grants.............................................................................................! 60,000 Appalachian Regional Commission Assessment...............................................................................................................! 83,320 Community Development Block Grants (Federal) ...............................................................................................$ 35,900,000 Juvenile Justice Grants (Federal) .................................................................................................$ 1,000,000 Grant - Richmond County...............................................................................................! -0Economic Development Grants ..............................................................................$ 295,000 1740 JOURNAL OF THE HOUSE, Payment to Georgia Development Authoritv........................................................................................$ 367,500 Total Funds Budgeted ........................................................................................$ 43,659,024 State Funds Budgeted...........................................................................................$ 5,407,855 Total Positions Budgeted 106 Authorized Motor Vehicles 7 Department of Community Affairs Functional Budgets Pos. Total Funds State Funds Executive and Administrative 18 $ 2,514,632 $ 2,459,132 Technical Assistance 29 $ 2,183,343 $ 991,611 Community and Economic Development 38 $ 37,914,737 $ 1,234,457 Intergovernmental Assistance 18 $ 914,469 $ 722,685 Job Training Partnership Act 3$ 131,843 $ -0- Undistributed Total _J> $ 106 $ ^I 43,659,024 $ :Qi 5,407,885 B. Budget Unit: Authorities...............................................................................................? Q_ Operations Budget: Personal Services....................................................................................................? 2,518,128 Regular Operating Expenses ...................................................................................$ 332,004 Travel............................................................................................................................? 79,379 Motor Vehicle Equipment Purchases..................................................................................................................? 84,842 Publications and Printing..........................................................................................? 64,121 Equipment Purchases.................................................................................................? 76,302 Computer Charges......................................................................................................? 40,865 Real Estate Rentals..................................................................................................? 164,062 Telecommunications...................................................................................................? 74,253 Per Diem, Fees and Contracts................................................................................? 163,555 Rental Assistance Payments..............................................................................? 11,500,000 Grants to Housing Sponsors....................................................................................? 500,000 Total Funds Budgeted........................................................................................? 15,597,511 State Funds Budgeted......................................................................................................? -0- Total Positions Budgeted 85 Authorized Motor Vehicles 37 Georgia Residential Finance Authority Functional Budgets Pos. Total Funds State Funds Georgia Residential Finance Authority 81 15,230,011 ? -0- Georgia Development Authority Undistributed Total 4 367,500 ? -0- _0 -0- -0; | 85 15,597,511 ? -0- THURSDAY, FEBRUARY 28, 1985 1741 Section 14. Office of Comptroller General. Budget Unit: Office of Comptroller General.........................................................................................................! 7,282.658 Operations Budget: Personal Services....................................................................................................! 6,659,678 Regular Operating Expenses ...................................................................................$ 366,341 Travel..........................................................................................................................$ 184,400 Motor Vehicle Equipment Purchases......................................................................! 68,400 Publications and Printing........................................................................................! 158,716 Equipment Purchases...............................................................................................! 104,346 Computer Charges....................................................................................................! 198,514 Real Estate Rentals..................................................................................................! 469,325 Telecommunications.................................................................................................! 121,032 Per Diem, Fees and Contracts..................................................................................! 31,250 Total Funds Budgeted..........................................................................................! 8,272,002 State Funds Budgeted...........................................................................................! 7,282,658 Total Positions Budgeted 259 Authorized Motor Vehicles 57 Office of Comptroller General Functional Budgets Pos. Total Funds State Funds Internal Administration 23 ! 1,240,419 ! 1,240,419 Insurance Regulation 56 ! 1,847,335 ! 1,741,341 Industrial Loans Regulation 13 ! 488,144 ! 488,144 Information and Enforcement 45 ! 1,351,442 ! 1,351,442 Fire Safety and Mobile Home Regulations Undistributed 122 ! _0 ! 3,344,662 $ -0- $ 2,461,312 -0- Total 259 ! 8,272,002 ! 7,282,658 Section 15. Department of Defense. Budget Unit: Department of Defense ..................................................................$ 3,332,263 Operations Budget: Personal Services....................................................................................................! 5,355,225 Regular Operating Expenses ................................................................................$ 1,602,391 Travel............................................................................................................................! 60,320 Motor Vehicle Equipment Purchases..................................................................................................................! 16,800 Publications and Printing..........................................................................................! 40,667 Equipment Purchases...............................................................................................! 132,142 Computer Charges........................................................................................................! 8,986 Real Estate Rentals ......................................................................................................$ 6,160 Telecommunications...................................................................................................! 70,258 Per Diem, Fees and Contracts................................................................................! 137,000 Utilities....................................................................................................................! 1,536,880 Grants to Locals EMA (P&A) M/S ...............................................................................................$ 1,160,025 Grants - Others...........................................................................................................! 62,282 Georgia Military Institute Grant..............................................................................! 18,000 1742 JOURNAL OF THE HOUSE, Civil Air Patrol Contract ...........................................................................................$ 42,000 Capital Outlay .............................................................................................................$ 10,000 Grants to Armories ...................................................................................................$ 477,500 Repairs and Renovations ...........................................................................................$ 63,000 Total Funds Budgeted ........................................................................................$ 10,799,635 State Funds Budgeted...........................................................................................! 3,332,263 Total Positions Budgeted 219 Authorized Motor Vehicles 20 Department of Defense Functional Budgets Pos. Total Funds State Funds Office of the Adjutant General 22 $ 2,033,678 $ 812,151 Georgia Emergency Management Agency 39 $ 1,808,203 $ 616,996 Georgia Air National Guard 68 $ 2,577,628 $ 336,934 Georgia Army National Guard 84 $ 4,269,185 $ 1,535,947 Undistributed 6$ 110,941 $ 30.235 Total 219 $ 10,799,635 $ 3,332,263 Section 16. State Board of Education - Department of Education. A. Budget Unit: Department of Education................................................................................................$ 1,713.948,980 Operations: Personal Services...............................................................................................! 19,850,400 Regular Operating Expenses .............................................................................$ 2,049,230 Travel.......................................................................................................................$ 977,915 Motor Vehicle Equipment Purchases....,................................................................................................................! -0Publications and Printing.....................................................................................! 618,940 Equipment Purchases............................................................................................! 132,295 Computer Charges..............................................................................................! 1,318,605 Real Estate Rentals ............................................................................................$ 2,016,185 Telecommunications..............................................................................................! 566,625 Per Diem, Fees and Contracts..........................................................................! 6,362,973 Utilities......................................................................................................................! 53,485 APEG Grants: Salaries of Instructional Personnel Code Section 20-2-157(a)................................................................................................$ 741,353,625 Salaries of Instructional Personnel Code Section 20-2-152.....................................................................................................$ 129,353,902 Salaries of Instructional Personnel Code Section 20-2-153.......................................................................................................! 61,748,376 Salaries of Student Supportive Personnel................................................................................! 32,055,670 Salaries of Administrative and Supervisory Personnel ....................................................................................................$ 83,364,538 THURSDAY, FEBRUARY 28, 1985 1743 Special Education Leadership Personnel .................................................................................$ 3,837,502 Instructional Media ......................................................................................$ 21,791,250 Instructional Equipment...................................................................................$ 759,857 Maintenance and Operation......................................................................$ 108,373,100 Sick and Personal Leave................................................................................$ 6,058,125 Travel................................................................................................................$ 1,114,457 Pupil Transportation........................................................................................! 95,769,613 Isolated Schools......................................................................................................$ 651,961 Required Local Effort ......................................................................................$ (78,550,000) Non-APEG Grants: Education of Children of Low-Income Families................................................................................$ 78,364,380 Teacher Retirement....................................................................................$ 139,788,125 Instructional Services for the Handicapped.......................................................................................! 22,688,125 Preparation of Professional Personnel in Education of Handicapped Children ......................................................................................$ -0Tuition for the Multihandicapped .................................................................................................$ 1,172,000 Severely Emotionally Disturbed....................................................................................................! 17,932,785 Compensatory Education.............................................................................! 17,843,010 School Lunch (Fed.) ...................................................................................$ 110,667,400 School Lunch (State)....................................................................................! 18,266,940 Innovative Programs..........................................................................................! 288,000 Staff Development .............................................................................................$ 800,000 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification......................................................................................! 4,491,573 Cooperative Educational Service Areas................................................................................................! 4,309,953 Superintendents Salaries ...............................................................................$ 5,552,599 High School Program ...................................................................................$ 32,894,072 Area School Program....................................................................................! 63,001,021 Education Technology Grants............................................................................................................! 1,000,000 Junior College Program..................................................................................! 2,087,401 Governor's Scholarship......................................................................................! 250,000 Quick Start.......................................................................................................! 2,800,000 Leadership Academy .........................................................................................$ 400,000 Special Projects....................................................................................................! 75,000 Job Training and Partnership Act...........................................................................................! 7,000,000 Vocational Research and Curriculum......................................................................................................! 366,540 Adult Education ..............................................................................................$ 3,238,917 Salaries and Travel of Public Librarians.........................................................................................! 5,594,124 Public Library Materials................................................................................! 3,839,970 Talking Book Centers........................................................................................! 674,405 Public Library M & 0....................................................................................$ 2,985,849 Public Library Construction.....................................................................................! -0- Instructional Aides........................................................................................! 10,407,037 Teacher Health Insurance ...........................................................................$ 43,198,757 1744 JOURNAL OF THE HOUSE, Health Insurance - Non Certificated Personnel ..............................................................................$ 21,624,000 Teacher Health Insurance - Retired Teachers.........................................................................................! 7,807,000 Capital Outlay.............................................................................................................? -0- Grants to Local School Systems for Educational Purposes......................................................................................................? 78,000,000 Area Vocational-Technical School Construction.......................................................................................! 250,000 Salaries of Extended Pre-School Personnel................................................................................! 13,183,895 Child Care Lunch Program (Federal).....................................................................................! 13,500,000 Chapter II - Block Grant Flow Through..................................................................................................! 8,702,655 Total Funds Budgeted ................................................................................$ 1,986,674,162 Indirect DOAS Services Funding........................................................................................................................! -0- State Funds Budgeted.................................................................................! 1,713,948,980 Total Positions Authorized 665 Authorized Motor Vehicles 6 Education Functional Budgets Pos. Total Funds State Funds Instructional Services 168 ! 6,545,306 ! 3,902,206 Governor's Honors Program 2! 802,296 ! 787,296 Vocational Education 98 ! 4,883,380 ! 2,733,650 Public Library Services 42 ! 1,651,395 ! 711,440 State Administration 31 ! 1,948,974 ! 1,540,519 Administrative Services 210 ! 9,023,395 ! 5,616,455 Planning and Development 96 ! 5,474,561 ! 4,632,306 Professional Standards Commission 152,887 $ 152,887 Vocational Advisory Council 2! 147,995 ! -0- Professional Practices Commission 7! 425,836 ! 425,836 Local Programs 0$ 1,929,726,863 $ 1,668,371,854 Undistributed Total _1_ $ 665 ! 25,891,274 $ 1,986,674,162 $ 25,074,531 1,713,948,980 B. Budget Unit: Institutions.................................................................................! 17,690,625 Institutional Operations: Personal Services..................................................................................................! 15,054,110 THURSDAY, FEBRUARY 28, 1985 1745 Regular Operating Expenses ................................................................................$ 2,084,525 Travel............................................................................................................................$ 42,600 Motor Vehicle Equipment Purchases..................................................................................................................! 21,800 Publications and Printing..........................................................................................$ 16,540 Equipment Purchases...............................................................................................! 363,500 Computer Charges ....................................................................................................$ 103,320 Telecommunications .................................................................................................$ 114,995 Per Diem, Fees and Contracts................................................................................! 167,575 Utilities....................................................................................................................! 1,921,265 Capital Outlay...........................................................................................................! 267,000 Total Funds Budgeted ........................................................................................$ 20,157,230 State Funds Budgeted.........................................................................................! 17,690,625 Total Positions Budgeted 671 Authorized Motor Vehicles 80 Institutions Functional Budgets Pos. Total Funds State Funds Georgia Academy for the Blind 146 3,331,080 ! 3,052,400 Georgia School for the Deaf 227 5,906,323 ! 5,623,853 Atlanta Area School for the Deaf 100 3,018,058 ! 2,843,978 North Georgia VocationalTechnical School 106 ! 4,156,000 $ 3,131,120 South Georgia VocationalTechnical School 92 ! 3,433,269 $ 2,726,774 Undistributed _0 ! 312,500 ! 312,500 Total 671 ! 20,157,230 ! 17,690,625 C. Budget Unit: Board of Postsecondary Vocational Education......................................................................................! 242,459 Board of Postsecondary Vocational Education Budget: Personal Services.......................................................................................................! 365,159 Regular Operating Expenses .....................................................................................$ 16,505 Travel............................................................................................................................! 13,200 Motor Vehicle Equipment Purchases...........................................................................-! -0- Publications and Printing............................................................................................! 7,000 Equipment Purchases.......................................................................................................! -0- Computer Charges......................................................................................................! 15,000 Real Estate Rentals....................................................................................................! 59,550 Telecommunications.....................................................................................................! 9,530 Per Diem, Fees and Contracts................................................................................! 108,000 Total Funds Budgeted .............................................................................................$ 593,944 State Funds Budgeted..............................................................................................! 242,459 Total Positions Budgeted 9 Section 17. Employees' Retirement System. Budget Unit: Employees' Retirement System............................................................. ..! 4,200,000 1746 JOURNAL OF THE HOUSE, Employees' Retirement System Budget: Personal Services.......................................................................................................$ 630,298 Regular Operating Expenses............................ ...................................................$ 11,675 Travel..............................................................................-..-....--......-....-..............$ 7,500 Motor Vehicle Equipment Purchases............................................................................$ -0- Publications and Printing..........................................................................................! 21,150 Equipment Purchases.. ..............................................................................................$ 3,100 Computer Charges........................... .........................................................................$ 155,119 Real Estate Rentals ................................................ ..................................................$ 74,046 Telecommunications...................................................................................................$ 11,779 Per Diem, Fees and Contracts ................................................................................$ 538,500 Postage..........................................................................................................................! 65,000 Benefits to Retirees ...............................................................................................$ 4,200,000 Employer Contribution....................................................................................................f -0- Total Funds Budgeted --------.---.-............... . .. ....$ 5,718,167 State Funds Budgeted.. ..................................................................................! 4,200,000 Total Positions Budgeted 27 Authorized Motor Vehicles 1 Section 18. Forestry Commission. Budget Unit: Forestry Commission..................... ......................................! 27,174,074 State Operations Budget: Personal Services......................................-.........................................................! 20,255,023 Regular Operating Expenses......................... ..............................................! 5,076,778 Travel.....................................................................-..-...-...............-.....................! 130,113 Motor Vehicle Equipment Purchases.........................................--..-.---. .......................................! 1,784,351 Publications and Printing..........................................................................................! 86,559 Equipment Purchases............................................................................................! 2,420,823 Computer Charges.....................................................................................................463,738 Real Estate Rentals.......... ....................................................................................! 18,211 Telecommunications.................................................................................................! 575,055 Per Diem, Fees and Contracts................................................................................! 138,871 Contractual Research...............................................................................................! 250,000 Payments to the University of Georgia, School of Forestry for Forest Research...............................................................................................! 300,000 Ware County Grant ....................................................................................................$ 60,000 Wood Energy Program...............................................................................................! 90,500 Capital Outlay...........................................................................................................! 150^000 Total Funds Budgeted........................................................................................! 31,400,022 State Funds Budgeted....................-..................................................................! 27,174,074 Total Positions Budgeted 876 Authorized Motor Vehicles 763 Forestry Commission Functional Budgets Pos. Total Funds State Funds Reforestation 51 ! 2,902,148 ! 881,248 Field Services 794 $ 26,614,606 $ 24,417,558 Wood Energy 1$ 90,500 $ 90,500 General Administration and Support 30 ! 1,792,768 ! 1,784,768 Undistributed __0 f :9i $ iQ; Total 876 ! 31,400,022 ! 27,174,074 THURSDAY, FEBRUARY 28, 1985 1747 Section 19. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation .........................................................................................$ 24,844.667 Operations Budget: Personal Services..................................................................................................$ 15,405,832 Regular Operating Expenses ................................................................................$ 1,641,906 Travel..........................................................................................................................$ 489,700 Motor Vehicle Equipment Purchases.............................................................................................................! 1,050,000 Publications and Printing..........................................................................................? 90,785 Equipment Purchases...............................................................................................? 616,836 Computer Charges.................................................................................................? 2,418,363 Real Estate Rentals...............................................................................................? 1,446,807 Telecommunications..............................................................................................? 1,114,172 Per Diem, Fees and Contracts..................................................................................? 30,710 Evidence Purchased..................................................................................................? 350,000 Utilities.........................................................................................................................? 89,966 Postage..........................................................................................................................? 59,590 Capital Outlay...................................................................................................................? ^ Total Funds Budgeted........................................................................................? 24,844,667 Indirect DOAS Funding...................................................................................................? -0- Total State Funds Budgeted..............................................................................? 24,844,667 Total Positions Budgeted 507 Authorized Motor Vehicles 316 Georgia Bureau of Investigation Functional Budgets Pos. Total Funds State Funds Administration 23 2,420,731 ? 2,420,731 Drug Enforcement 82 4,411,394 ? 4,411,394 Investigative 206 8,554,926 ? 8,554,926 Forensic Sciences 93 3,850,140 ? 3,850,140 Georgia Crime Information Center 103 5,607,476 ? 5,607,476 Undistributed 0 -0; 1 -JL Total 507 24,844,667 ? 24,844,667 Section 20. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and Investment Commission.......................................................................................? -0- Departmental Operations Budget: Personal Services.......................................................................................................? 844,939 Regular Operating Expenses.....................................................................................? 29,275 Travel..............................................................................................................................? 9,000 Motor Vehicle Equipment Purchases............................................................................? -0Publications and Printing............................................................................................? 1,200 Equipment Purchases...................................................................................................? 2,325 Computer Charges......................................................................................................? 13,238 Real Estate Rentals....................................................................................................? 86,130 Telecommunications...................................................................................................? 11,100 Per Diem, Fees and Contracts................................................................................? 110,000 1748 JOURNAL OF THE HOUSE, Total Funds Budgeted ..........................................................................................$ 1,107,207 Total Expenditures Authorized ...........................................................................$ 1,107,207 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 21 Section 21. Office of the Governor. A. Budget Unit: Governor's Office.........................................................................! 5,318,808 1. Governor's Office Budget: Cost of Operations .................................................................................................$ 2,139,285 Mansion Allowance.....................................................................................................! 40,000 Governor's Emergency Fund................................................................................$ 2,500,000 Intern Stipends and Travel.....................................................................................! 130,000 Total Funds Budgeted ..........................................................................................$ 4,809,285 State Funds Budgeted...........................................................................................! 4,809,285 2. Office of Fair Employment Practices Budget: Personal Services.......................................................................................................! 441,363 Regular Operating Expenses .....................................................................................$ 10,115 Travel............................................................................................................................! 10,815 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 2,825 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 69,915 Telecommunications...................................................................................................! 11,740 Per Diem, Fees and Contracts..................................................................................! 22,750 Total Funds Budgeted .............................................................................................$ 569,523 State Funds Budgeted..............................................................................................! 509,523 Total Positions Budgeted 15 Budget Unit Object Classes: Cost of Operations.................................................................................................! 2,139,285 Mansion Allowance.....................................................................................................! 40,000 Governor's Emergency Fund................................................................................! 2,500,000 Intern Stipends and Travel.....................................................................................! 130,000 Personal Services.......................................................................................................! 441,363 Regular Operating Expenses .....................................................................................$ 10,115 Travel............................................................................................................................! 10,815 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 2,825 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 69,915 Telecommunications...................................................................................................! 11,740 Per Diem, Fees and Contracts..................................................................................! 22,750 Total Positions Budgeted 15 Authorized Motor Vehicles 0 B. Budget Unit: Office of Planning and Budget....................................................................................................! 3,479.862 Office of Planning and Budget Budget: Personal Services....................................................................................................! 2,869,457 Regular Operating Expenses .....................................................................................$ 87,705 Travel............................................................................................................................! 60,000 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing..........................................................................................! 35,360 THURSDAY, FEBRUARY 28, 1985 1749 Equipment Purchases...................................................................................................! 5,000 Computer Charges ....................................................................................................$ 151,000 Real Estate Rentals ..................................................................................................$ 190,840 Telecommunications...................................................................................................! 55,000 Per Diem, Fees and Contracts..................................................................................! 85,500 Total Funds Budgeted ..........................................................................................$ 3,539,862 State Funds Budgeted...........................................................................................! 3,479,862 Total Positions Budgeted 74 Authorized Motor Vehicles 0 C. Budget Unit: Units Attached for Administrative Purposes Only...............................................................................................$ 4,808,029 Attached Units Budget: Personal Services....................................................................................................! 2,556,730 Regular Operating Expenses ...................................................................................$ 125,957 Travel............................................................................................................................! 53,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing..........................................................................................! 52,085 Equipment Purchases...................................................................................................! 7,500 Computer Charges ......................................................................................................$ 34,825 Real Estate Rentals..................................................................................................! 250,035 Telecommunications.................................................................................................! 140,085 Per Diem, Fees and Contracts....................,........................................................! 5,408,226 Art Grants - State Funds .....................................................................................$ 1,809,971 Art Grants - Federal Funds ....................................................................................$ 360,860 Art Grants - Donations..............................................................................................! 42,000 Total Funds Budgeted ........................................................................................$ 10,841,274 State Funds Budgeted...........................................................................................! 4,808,029 Total Positions Budgeted 86 Authorized Motor Vehicles 0 Attached Units Functional Budgets Pos. Total Funds State Funds Council for the Arts 11 $ 2,126,823 1,660,123 Office of Consumer Affairs 42 $ 1,477,995 ! 1,477,995 State Energy Office 10 ! 5,804,500 ! 254,500 Governor's Committee on Post-Secondary Education 144,449 ! 144,449 Consumers' Utility Counsel 411,721 ! 395,176 Criminal Justice Coordinating Council 5 284,178 ! 284,178 Undistributed J> 591,608 ! 591,608 Total 86 10,841,274 $ 4,808,029 Section 22. Grants to Counties and Municipalities. Budget Unit: Grants to Counties and Municipalities............................... 1750 JOURNAL OF THE HOUSE, Grants to Counties.................................................................................................$ 2,600,000 Grants to Municipalities.......................................................................................$ 4,200,000 Total Funds Budgeted ..........................................................................................$ 6,800,000 State Funds Budgeted...........................................................................................? 6,800,000 Section 23. Department of Human Resources. A. Budget Unit: Departmental Operations.................................................................................................! 293,048,933 1. General Administration and Support Budget: Personal Services..................................................................................................$ 27,368,737 Regular Operating Expenses ................................................................................$ 1,194,785 Travel..........................................................................................................................? 821,485 Motor Vehicle Equipment Purchases........................................................................................................................? -0- Publications and Printing........................................................................................? 184,350 Equipment Purchases.................................................................................................? 95,910 Computer Charges.................................................................................................? 1,825,443 Real Estate Rentals...............................................................................................? 3,498,862 Telecommunications.................................................................................................? 585,825 Per Diem, Fees and Contracts.............................................................................? 9,865,742 Utilities.......................................................................................................................? 178,100 Postage........................................................................................................................? 650,380 Menninger Group Homes........................................................................................? 387,000 Benefits for Child Care.........................................................................................? 1,190,722 Contract - Georgia Advocacy Office, Inc. ............................................................................................$ 215,000 Total Funds Budgeted........................................................................................? 48,062,341 Indirect DOAS Services Funding...................................................................................? -0- Indirect GBA Funding.....................................................................................................? -0- Agency Funds.......................................................................................................? 24,559,046 Social Services Block Grant Funds............................................................................................? 1,655,800 State Funds Budgeted.........................................................................................? 21,847,495 Total Positions Budgeted 977 Authorized Motor Vehicles 7 General Administration and Support Functional Budgets Pos. Total Funds State Funds Commissioner's Office 13 ? 639,949 ? 639,949 Administrative Appeals 25 $ 868,016 ? 868,016 Administrative Policy, Coordination, and Direction 4? 179,961 ? 179,961 Personnel 47 $ 5,286,305 ? 5,227,905 Support Services 60 ? 2,375,390 ? 2,321,718 Systems Planning, Development and Training 4? 140,680 ? 140,680 THURSDAY, FEBRUARY 28, 1985 EDP-Planning and Coordination Indirect Cost Facilities Managements Community/ Intergovernmental Affairs Budget Administration Accounting Services Auditing Services Special Projects Children and Youth Planning Troubled Children Benefits Developmental Disabilities Council on Maternal and Infant Health Council on Family Planning Community Services Regulatory Services Program Direction and Support Child Care Licensing Laboratory Improvement Health Care Facilities Regulation Compliance Monitoring Radiological Health Fraud and Abuse Child Support Recovery Undistributed Total 2. Public Health Budget: Personal Services............................ Regular Operating Expenses ........ Travel............................................... Motor Vehicle Equipment Purchases... .................................. 0$ 0$ 11 $ 20 $ 43 $ 150 $ 47 $ 0$ 4$ 0$ 6$ 3$ 0$ 9$ 9$ 53 $ 17 $ 54 $ 9$ 21 $ 53 $ 301 $ 14 $ 977 $ 365,400 $ -0- $ 3,872,837 $ 782,125 $ 1,366,367 $ 3,576,243 $ 1,575,655 $ 284,600 $ 173,473 $ 1,453,000 $ 220,199 $ 104,992 $ 13,500 $ 9,185,311 $ 368,215 $ 1,489,005 $ 581,294 $ 1,945,687 $ 345,637 $ 589,375 $ 1,920,783 $ 7,444,311 $ 914,031 $ 48,062,341 $ 1751 365,400 (5,405,300) 2,775,171 782,125 1,366,367 3,576,243 1,575,655 284,600 173,473 1,453,000 -0- 104,992 1,350 -0- 368,215 1,452,005 446,485 535,064 345,637 429,210 219,979 1,214,726 404,869 21,847,495 $ 29,410,587 $44,776,021 $ 923,960 $10.000 1752 JOURNAL OF THE HOUSE, Publications and Printing........................................................................................$ 298,475 Equipment Purchases...............................................................................................? 190,398 Computer Charges ....................................................................................................$ 368,000 Real Estate Rentals ..................................................................................................$ 587,521 Telecommunications.................................................................................................! 512,083 Per Diem, Fees and Contracts ...........................................................................$ 13,881,585 Utilities ...............................................................................................................................$ -0- Postage..........................................................................................................................$ 86,375 Crippled Children Clinics ........................................................................................$ 517,572 Regional Grants for Prenatal and Postnatal Care Programs ..................................................................................$ 3,879,000 Midwifery Program Benefits................................................................................! 1,000,000 Crippled Children Benefits ..................................................................................$ 4,499,000 Kidney Disease Benefits ..........................................................................................$ 605,000 Cancer Control Benefits........................................................................................! 2,253,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program ............................................................................................$ 100,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants.......................................................................................................$ 4,193,000 Grant to Grady Hospital for Cystic Fibrosis Program.........................................................................................$ 42,000 Contract with Emory University for Cancer Research..............................................................................................! 117,000 Contract with Auditory Educational Clinic...................................................................................................$ 78,000 Grant-In-Aid to Counties ...................................................................................$ 38,256,928 Contract with Emory University for Arthritis Research...........................................................................................! 215,000 Contract for Scoliosis Screening................................................................................................! 115,000 Family Planning Benefits ........................................................................................$ 301,530 Grants to Counties for Teenage Pregnancy Prevention ..........................................................................................$ 257,500 Grant to Counties for Metabolic Disorders Screening and Treatment ......................................................................................$ 45,000 Contract - Macon-Bibb County Hospital Authority.............................................................................................! 4,000,000 Total Funds Budgeted ......................................................................................$ 151,519,535 Indirect DOAS Services Funding ...................................................................................$ -0- Agency Funds.......................................................................................................! 73,488,487 State Funds Budgeted.........................................................................................! 78,031,048 Total Positions Budgeted 1,093 Authorized Motor Vehicles 6 Public Health Functional Budgets Pos. Total Funds State Funds Director's Office 7$ 589,809 $ 589,809 Employee's Health 9$ 292,693 $ 257,693 Health Program Management 27 $ 779,210 $ 694,210 Vital Records 60 $ 1,264,216 $ 1,241,716 Health Services Research 12 $ 545,370 $ 545,370 THURSDAY, FEBRUARY 28, 1985 Primary Health Care 15 $ Stroke and Heart Attack Prevention 24 $ Epidemiology 12 $ Immunization 10 $ Sexually Transmitted Diseases 33 $ Community Tuberculosis Center 27 $ Family Health Management 22 $ Infant and Child Health 14 $ Maternal Health Perinatal 5$ Family Planning 185 $ Malnutrition 28 $ Dental Health 20 $ Children's Medical Services 87 $ Chronic Disease 20 $ Diabetes 4$ Cancer Control 6$ Environmental Health 8$ Laboratory Services 121 $ Emergency Health 22 $ Minimum Foundation 189 $ Newborn Follow Up Care 22 $ Sickle Cell, Vision and Hearing 15 $ High-Risk Pregnant Women and Infants 19 $ Grant in Aid to Counties 0$ Teenage Pregnancy Prevention 0$ Community Care 43 $ Undistributed 27 $ Total 1,093 $ 3. Mental Health - Program Direction and Support Budget: Personal Services............................. 576,736 $ 1,608,545 $ 818,960 $ 393,334 $ 1,376,030 $ 1,232,078 $ 6,894,353 $ 5,447,408 $ 237,679 $ 7,941,227 $ 48,622,928 $ 1,343,087 $ 7,355,526 $ 1,624,835 $ 397,884 $ 3,017,098 $ 862,982 $ 4,191,977 $ 2,083,190 $ 7,551,412 $ 587,900 $ 1,018,830 $ 4,720,488 $ 36,386,900 $ 257,500 $ 1,256,534 $ 242,816 $ 151,519,535 $ 1753 576,736 1,078,545 497,219 -0- 308,454 1,116,238 1,722,682 5,322,718 -03,027,076 -01,119,904 4,595,642 1,624,835 309,919 3,017,098 324,210 3,512,307 1,022,690 7,551,412 404,950 1,018,830 4,720,488 31,877,077 257,500 468,410 (772,690) 78,031,048 $ 4.292.500 1754 JOURNAL OF THE HOUSE, Regular Operating Expenses ...................................................................................$ 118,525 Travel..........................................................................................................................! 124,450 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 61,300 Equipment Purchases...................................................................................................! 8,500 Computer Charges ....................................................................................................$ 756,193 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications.................................................................................................$ 212,000 Per Diem, Fees and Contracts ................................................................................$ 235,150 Utilities ...............................................................................................................................$ -0- Postage...............................................................................................................................$ 750 Contract with Housing Alternatives ..............................................................................................$ 70,000 Total Funds Budgeted ..........................................................................................$ 5,879,368 Social Services Block Grant Funds..........................................................................$ 15,000 Indirect DOAS Services Funding ...................................................................................$ -0- Agency Funds ............................................................................................................$ 453,540 State Funds Budgeted...........................................................................................! 5,410,828 Total Positions Budgeted 127 Mental Health - Program Direction and Support Functional Budgets Pos. Total Funds State Funds Administration 63 ! 3,252,265 ! 3,108,765 Special Projects and Contracts 2! 50,000 ! Program Coordination 61 ! 2,497,633 $ MH/MR Advisory Council 1! 40,720 ! Undistributed 0$ 38.750 | Total 127 ! 5,879,368 $ 5,410,828 4. Youth Services - Program Direction and Support: Personal Services....................................................................................................! 1,266,117 Regular Operating Expenses .....................................................................................$ 31,682 Travel............................................................................................................................! 30,650 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 6,200 Equipment Purchases...................................................................................................! 4,190 Computer Charges......................................................................................................! 75,000 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................$ 37,860 Per Diem, Fees and Contracts....................................................................................! 3,500 Utilities...............................................................................................................................! -0- Postage............,...................................................................................................................! -0- Benefits for Child Care ....................................................................................................| ^ Total Funds Budgeted ..........................................................................................$ 1,455,199 Indirect DOAS Services Funding ...................................................................................$ -0- Agency Funds....................................................................................................................! -0- State Funds Budgeted...........................................................................................! 1,455,199 Total Positions Budgeted 38 Authorized Motor Vehicles 0 THURSDAY, FEBRUARY 28, 1985 1755 5. Services to the Aged Budget: Personal Services....................................................................................................! 1,854,119 Regular Operating Expenses .....................................................................................$ 46,980 Travel............................................................................................................................$ 56,800 Motor Vehicle Equipment Purchases........................................................................................................................$ -0- Publications and Printing..........................................................................................! 27,000 Equipment Purchases...................................................................................................! 2,860 Computer Charges ....................................................................................................$ 210,800 Real Estate Rentals....................................................................................................! 33,500 Telecommunications...................................................................................................! 51,060 Per Diem, Fees and Contracts...........................................................................! 22,615,531 Utilities...............................................................................................................................! -0- Payments to DMA .................................................................................................$ 4,782,801 Postage................... ..........................................................................................................$ 920 Total Funds Budgeted ........................................................................................$ 29,682,371 Social Services Block Grant Funds ............................................................................................$ 2,998,100 Agency Funds.......................................................................................................! 18,016,262 State Funds Budgeted...........................................................................................! 8,668,009 Total Positions Budgeted 63 Authorized Motor Vehicles 224 Services to the Aged Functional Budgets Pos. Total Funds State Funds Administration and Planning 42 ! 2,857,426 $ 698,841 Aging Services 0! 19,311,020 ! 1,767,364 Alternative Health Services 19 $ 4,650,052 $ 3,728,303 Undistributed _2 ! 2,863,873 ! 2,473,501 Total 63 ! 29,682,371 $ 8,668,009 6. Rehabilitation Services Budget: Personal Services..................................................................................................! 22,497,604 Regular Operating Expenses ................................................................................$ 1,127,938 Travel..........................................................................................................................! 527,050 Motor Vehicle Equipment Purchases........................................................................................................................! -0Publications and Printing..........................................................................................! 58,310 Equipment Purchases.................................................................................................! 54,475 Computer Charges....................................................................................................! 761,850 Real Estate Rentals..................................................................................................! 990,295 Telecommunications.................................................................................................! 555,570 Per Diem, Fees and Contracts................................................................................! 832,575 Utilities.......................................................................................................................! 303,250 Postage..........................................................................................................................! 92,050 Grants for Nephrology Centers...............................................................................! 245,000 Contract with Vocational Rehabilitation Community Facilities..............................................................................................................! 4,219,500 Contract for Epilepsy.................................................................................................! 67,000 Case Services ..........................................................................................................$ 9,487,500 E.S.R.P. Case Services...............................................................................................! 50,000 1756 JOURNAL OF THE HOUSE, Contract with the Affirmative Industries................................................................................................................$ 110,000 Contract with RCW Industries, Inc.............................................................................................I 146,000 Total Funds Budgeted ........................................................................................$ 42,125,967 Indirect DOAS Services Funding...................................................................................! -0- Agency Funds .......................................................................................................$ 30,195,868 State Funds Budgeted.........................................................................................$ 11,930,099 Total Positions Budgeted 806 Authorized Motor Vehicles 24 Rehabilitation Services Functional Budgets Pos. Total Funds Program Direction and Support Grants Management 50 $ 2$ 2,647,997 $ 555,281 $ Atlanta Rehabilitation Center 70 $ 2,152,043 $ Alto Rehabilitation Center 10 $ 288,695 $ Rehabilitation Center foir the Deaf - Cave Spring 16 $ 438,723 $ Central Rehabilitation Center 19 $ 545,191 $ Georgia Vocational Adjustment Center Gracewood 17 $ 392,366 $ Ireland Rehabilitation Center 13 $ 356,398 $ M. S. McDonald Evaluation Center 6$ 180,545 $ J. F. Kennedy Center 17 $ 444,655 $ Production Workshop 0$ 1,044,912 $ District Field Services 564 $ 27,570,518 $ Independent Living 7$ 252,212 $ Sheltered Employment 15 $ 1,011,931 $ Community Facilities 0$ 3,793,000 $ Bobby Dodd Workshop 0$ 334,500 $ Undistributed Total _Q $ 806 $ 117,000 I 42,125,967 $ i Springs istitute: Personal Services e Exoenses .................................... State Funds 1,047,997 464,377 430,409 57,739 87,745 109,038 78,473 71,280 i 9,450,891 1 1,713,090 THURSDAY, FEBRUARY 28, 1985 1757 jj Travel............................................................................................................................$ 47,000 5j Motor Vehicle Equipment '[ Purchases..................................................................................................................! 13,500 Publications and Printing..........................................................................................! 15,000 Equipment Purchases.................................................................................................! 35,480 Computer Charges......................................................................................................! 61,000 Real Estate Rentals ..................................................................,.......................................$ -0- Telecommunications.................................................................................................! 163,885 Per Diem, Fees and Contracts.............................................................................! 1,263,000 Utilities.......................................................................................................................! 550,000 Postage..........................................................................................................................! 14,300 Case Services...............................................................................................................! 25,000 Capital Outlay...................................................................................................................! -0- Operations ..........................................................................................................................$ -0- Total Funds Budgeted........................................................................................! 13,352,146 Indirect DOAS Services Funding...................................................................................! -0- Agency Funds.......................................................................................................! 10,012,902 State Funds Budgeted...........................................................................................! 3,339,244 Total Positions Budgeted 434 Authorized Motor Vehicles 24 Roosevelt Warm Springs Rehabilitation Institute Functional Budgets : Pos. Total Funds State Funds il Administration 145 $ 5,211,855 $ 2,363,371 Rehabilitation Services 289 ! 8,140,291 $ 989,223 Undistributed __0 $ ^! ^ Total 434 $ 13,352,146 $ 3,352,594 8. Georgia Factory for the Blind Budget- Personal Services....................................................................................................! 4,058,497 Regular Operating Expenses................................................................................! 8,090,870 Travel............................................................................................................................! 16,500 Motor Vehicle Equipment Purchases.............................................................................................! 82,000 Publications and Printing............................................................................................! 8,500 Equipment Purchases.......................................................................................................! -0- ; Computer Charges......................................................................................................! 66,900 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 28,000 Per Diem, Fees and Contracts..................................................................................! 44,200 Utilities.......................................................................................................................! 125,000 Postage............................................................................................................................! 6,000 Capital Outlay...................................................................................................................!^ Total Funds Budgeted........................................................................................! 12,526,467 Agency Funds.......................................................................................................! 12,059,632 State Funds Budgeted..............................................................................................! 466,835 Total Positions Budgeted 29 v Authorized Motor Vehicles 14 , Georgia Factory for the Blind Functional Budgets - Pos. Total Funds State Funds Operations 11 ! 12,059,632 $ -0- 1758 JOURNAL OF THE HOUSE, Supervision 18 $ 466,835 $ 466,835 Undistributed _0 $ ^$ ^ Total 29 $ 12,526,467 $ 466,835 9. Rehabilitation Services - Disability Adjudication Budget: Personal Services..................................................................................................$ 10,434,786 Regular Operating Expenses ...................................................................................I 362,878 Travel............................................................................................................................$ 78,098 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing..........................................................................................! 43,991 Equipment Purchases.................................................................................................! 21,810 Computer Charges....................................................................................................! 419,605 Real Estate Rentals ..................................................................................................$ 660,927 Telecommunications.................................................................................................! 470,559 Per Diem, Fees and Contracts.............................................................................! 1,035,076 Utilities...............................................................................................................................! -0- Postage........................................................................................................................! 325,000 Case Services........................................................................................................! 10,998,200 Total Funds Budgeted........................................................................................! 24,850,930 Agency Funds.......................................................................................................! 24,850,930 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 420 10. Family and Children Services Budget: Personal Services..................................................................................................! 10,382,001 Regular Operating Expenses ............................................................................ ! 15,926,964 Travel..........................................................................................................................! 462,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing........................................................................................! 785,030 Equipment Purchases.................................................................................................! 12,160 Computer Charges...............................................................................................! 10,404,605 Real Estate Rentals..................................................................................................! 198,350 Per Diem, Fees and Contracts...........................................................................! 31,325,663 Telecommunications.................................................................................................! 874,200 Utilities.........................................................................................................................! 12,200 Postage........................................................................................................................! 942,385 AFDC Benefits...................................................................................................! 218,996,525 Grants to County DFACS - Operations.......................................................................................................! 126,585,951 WIN Benefits.............................................................................................................! 479,964 Benefits for Child Care.......................................................................................! 17,334,108 SSI - Supplement Benefits..........................................................................................! 1,500 Total Funds Budgeted ......................................................................................! 434,723,606 Agency Funds.....................................................................................................! 238,968,543 Indirect DOAS Services Funding...................................................................................! -0- Social Services Block Grant Funds ..........................................................................................! 33,854,887 State Funds Budgeted.......................................................................................! 161,900,176 Total Positions Budgeted 360 Authorized Motor Vehicles 112 THURSDAY, FEBRUARY 28, 1985 Family and Children Services Functional Budgets Pos. Total Funds Refugee Benefits 0$ 979,000 $ AFDC Payments 0$ 204,120,000 $ SSI - Supplement Benefits 0$ 1,500 $ Energy Benefits 0$ 15,201,469 $ County DFACS Operations Social Services 0$ 38,437,636 $ County DFACS Operations Eligibility 0$ 50,203,569 $ County DFACS Operations Joint and Administration 0$ 33,608,081 $ Food Stamp Issuance 0$ 2,312,000 $ Grants to Fulton County for 24-hour Emergency Services 0$ 205,000 $ Director's Office 7$ 518,782 $ Administration and Management 113 $ 4,360,072 $ District Administration 101 $ 3,741,506 $ Program Planning, Development, and Training 73 $ 6,500,453 $ Management Information Systems 52 $ 12,509,666 $ Child Development Administration 27 $ 961,207 $ Indirect Cost 0$ -0- $ Work Incentive Benefits 0$ 4,399,242 $ Legal Services 0$ 574,000 $ Family Foster Care 0$ 12,912,000 $ Institutional Foster Care 0$ 1,816,875 $ Specialized Foster Care 0$ 324,725 $ Adoption Supplement 0$ 899,030 $ Liability Insurance 0$ 28,600 $ Emergency Shelter Care 0$ 104,000 $ Day Care 0$ 19,205,600 $ Psychiatric, Psychological and Speech Therapy 0$ 130,000 $ 1759 State Funds -0- 68,604,732 1,500 -0- 17,049,623 24,966,298 15,934,793 -0- 205,000 518,782 3,097,803 3,741,506 3,085,293 7,409,500 961,207 (7,170,000) 439,924 349,000 8,234,953 1,109,240 95,432 866,705 28,600 104,000 3,650,448 130,000 1760 JOURNAL OF THE HOUSE, Maternity Care 0$ 50,000 $ 50,000 Return of Runaways County 0$ 7,000 $ 7,000 Home Management Contracts 0$ 166,000 37,816 Outreach - Contracts 0$ 684,300 181,136 Special Projects 0$ 38,500 38,500 Undistributed (13) $ 19.723,793 8,171,385 Total 360 $ 434,723,606 161,900,176 Budget Unit Object Classes: Personal Services................................................................................................$ 121,015,839 Regular Operating Expenses .............................,................................................$ 73,389,733 Travel.......................................................................................................................! 3,087,993 Motor Vehicle Equipment Purchases................................................................................................................! 105,500 Publications and Printing.....................................................................................! 1,488,156 Equipment Purchases..............................................................................................-! 425,783 Computer Charges ...............................................................................................$ 14,949,396 Real Estate Rentals ................................,..............................................................$ 5,969,455 Telecommunications..............................................................................................! 3,491,042 Per Diem, Fees and Contracts...........................................................................! 81,102,022 Utilities....................................................................................................................! 1,168,550 Postage.....................................................................................................................! 2,118,160 Capital Outlay ...................................................................................................................$ -0Grants for Regional Prenatal and Postnatal Care Programs ..........................................................................I 3,879,000 Crippled Children Benefits ..................................................................................$ 4,499,000 Crippled Children Clinics ........................................................................................$ 517,572 Kidney Disease Benefits ..........................................................................................$ 605,000 Cancer Control Benefits........................................................................................! 2,253,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants.......................................................................................................! 4,193,000 Family Planning Benefits ........................................................................................$ 301,530 Benefits for Midwifery Program..........................................................................! 1,000,000 Grant-In-Aid to Counties ........................................................,..........................$ 38,256,928 Work Incentive Benefits ..........................................................................................$ 479,964 Benefits for Child Care.......................................................................................! 18,524,830 Grants for Nephrology Centers...............................................................................! 245,000 Case Services........................................................................................................! 20,510,700 E.S.R.P. Case Services ...............................................................................................$ 50,000 SSI-Supplement Benefits.............................................................................................! 1,500 AFDC Benefits...................................................................................................! 218,996,525 Grants to County DFACS Operations.......................................................................................................! 126,585,951 Contract with Vocational Rehabilitation Community Facilities ..............................................................................................................$ 4,219,500 Contract for the Purchase of Clotting Factor for the Hemophilia Program ............................................................................................$ 100,000 Contract with the Affirmative Industries..........................................................................................! 110,000 THURSDAY, FEBRUARY 28, 1985 1761 Institutional Repairs and Maintenance...........................................................................................................! -0- Contract with Emory University for Arthritis Research...........................................................................................! 215,000 Grant for Epilepsy Program......................................................................................! 67,000 Grant to Grady Hospital for Cystic Fibrosis Program.........................................................................................! 42,000 Contract for Scoliosis Screening................................................................................................................! 115,000 Menninger Group Homes ........................................................................................$ 387,000 Contract - Georgia Advocacy Office, Inc.............................................................................................! 215,000 Grant for Teenage Pregnancy Prevention Program..............................................................................................! 257,500 Contract - Cancer Research at Emory.................................................................................................................$ 117,000 Contract - Macon-Bibb County Hospital Authority.............................................................................................! 4,000,000 Contract with RCW Industries, Inc.............................................................................................! 146,000 Grants to Counties for Metabolic Disorders Screening and Testing............................................................................................! 45,000 Payments to DMA .................................................................................................$ 4,782,801 Contract with Housing Alternatives..............................................................................................! 70,000 Contract with Auditory Educational Clinic...................................................................................................! 78,000 Total Positions Budgeted 4,347 B. Budget Unit: State Health Planning and Development.............................................................................................! 617,000 State Health Planning and Development Budget: Personal Services.......................................................................................................! 710,750 Regular Operating Expenses .....................................................................................$ 46,200 Travel..............................................................................................................................! 5,500 Publications and Printing............................................................................................! 2,500 Equipment Purchases...................................................................................................! 3,406 Computer Charges......................................................................................................! 44,000 Real Estate Rentals ....................................................................................................$ 86,851 Telecommunications...................................................................................................! 26,500 Per Diem, Fees and Contracts................................................................................! 102,764 Postage............................................................................................................................! 7,600 Total Funds Budgeted ..........................................................................................$ 1,036,071 Indirect DOAS Services Funding...................................................................................! -0- Agency Funds............................................................................................................! 419,071 State Funds Budgeted..............................................................................................! 617,000 Total Positions Budgeted 21 Authorized Motor Vehicles 0 C. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions................................................................................................! 317,857,827 Departmental Operations: Personal Services................................................................................................! 257,181,584 Regular Operating Expenses ..............................................................................$ 28,627,368 1762 JOURNAL OF THE HOUSE, Travel..........................................................................................................................$ 583,570 Motor Vehicle Equipment Purchases................................................................................................................$ 627,255 Publications and Printing..........................................................................................! 69,407 Equipment Purchases............................................................................................! 2,616,281 Computer Charges.................................................................................................! 3,054,726 Real Estate Rentals..................................................................................................! 491,060 Telecommunications..............................................................................................! 2,372,166 Per Diem, Fees and Contracts.............................................................................! 5,058,632 Utilities..................................................................................................................! 15,752,000 Postage........................................................................................................................! 227,856 Capital Outlay...........................................................................................................! 787,914 Authority Lease Rentals .......................................................................................$ 2,679,000 Institutional Repairs and Maintenance...................................................................................................! 651,000 Grants to County-Owned Detention Centers..............................................................................................! 2,222,850 Reserve for Thomasville RYDC..............................................................................$ 366,500 Reserve for Claxton RYDC .....................................................................................$ 366,500 Drug Abuse Contracts ...........................................................................................$ 1,015,960 Day Care Centers for the _. Mentally Retarded...........................................................................................! 55,344,903 MR Day Care Center Motor Vehicle Purchases.................................................................................................! 662,376 Supportive Living Staff ........................................................................................$ 1,504,826 Supportive Living Benefits...................................................................................! 7,411,540 Georgia State Foster Grandparent/Senior Companion Program.............................................................................................! 562,960 Community Mental Health Center Services.................................................................................................! 67,545,807 Project Rescue...........................................................................................................! 312,890 Project ARC...............................................................................................................! 203,600 Project Friendship....................................................................................................! 266,700 Group Homes for Autistic Children...................................................................................................! 292,428 Uniform Alcoholism Projects ...............................................................................$ 2,826,455 Child Care Benefits ....................................................................................................$ 16,000 Community Mental Retardation Staff...............................................................................................$ 3,461,744 Community Mental Retardation Residential Services.........................................................................................! 13,218,919 Lumpkin Area Individual Living, Inc................................................................................................................! 27,765 Total Funds Budgeted ......................................................................................$ 478,410,542 Agency Funds.....................................................................................................! 132,830,786 Indirect DOAS Services Funding...................................................................................! -0- Social Services Block Grant Funds ..........................................................................................$ 27,721,929 State Funds Budgeted.......................................................................................! 317,857,827 Total Positions Budgeted 12,532 Authorized Motor Vehicles 746 Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets Pos. Total Funds State Funds Georgia Regional Hospital at Augusta 504 $ 12,591,620 $ 10,732,320 THURSDAY, FEBRUARY 28, 1985 Georgia Regional Hospital at Atlanta Georgia Regional Hospital at Savannah West Central Georgia Regional Hospital Northwest Regional Hospital at Rome Gracewood State School and Hospital Southwestern State Hospital Georgia Retardation Center Georgia Mental Health Institute Central State Hospital Mental Health Community Assistance Outdoor Therapeutic Program Mental Retardation Community Assistance 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 657 $ 508 $ 429 $ 695 $ 1,532/ 1,510 $ 1,097 $ 895 $ 551 $ 3,8307 $ 3,734 221 $ 40 $ 62 $ 3$ 44 $ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 16,593,764 $ 13,006,425 $ 11,393,051 $ 17,985,189 $ 35,833,212 $ 25,096,389 $ 23,634,611 $ 16,881,204 $ 93,352,015 $ 6,439,586 $ 1,646,677 $ 1,861,038 $ 127,507 $ 1,392,143 $ 56,007,279 $ 8,916,366 $ 562,960 $ 3,461,744 $ 13,218,919 $ 292,428 $ 312,890 $ 1,015,960 $ 203,600 $ 1763 13,470,864 11,599,725 9,695,542 13,206,546 20,833,212 15,945,189 12,742,149 14,683,304 65,679,415 6,382,686 1,646,677 1,861,038 127,507 694,053 23,240,728 4,794,667 562,960 2,482,892 8,550,952 292,428 149,890 1,015,960 203,600 1764 JOURNAL OF THE HOUSE, Project Friendship Community Mental Health Center Services Uniform Alcoholism Projects Central Laboratory Lumpkin Area Individual Living, Inc. State Youth Development Centers Regional Youth Development Centers Group Homes Day Centers Community Treatment Centers Court Services Runaway Investigations Interstate Compact Purchased Services Assessment and Classification Undistributed Total 0$ 0$ 0$ 6$ 0$ 742 $ 414 $ 19 $ 24 $ 73 $ 260 $ 15 $ 3$ 16 $ 10 $ 0$ 12.650/ $ 12,532 266,700 $ 67,545,807 $ 2,826,455 $ 272,082 $ 27,765 $ 18,102,902 ! 12,690,037 $ 524,228 $ 685,990 $ 1,917,239 $ 6,751,047 $ 438,990 $ 83,959 $ 2,453,600 $ 288,406 $ 1.708.758 $ 478,410,542 $ 266,700 31,317,496 2,015,029 -0- 27,765 17,619,247 12,402,752 524,228 685,990 1,917,239 6,751,047 438,990 83,959 2,453,600 288,406 471,075 317,857,827 Section 24. Department of Industry and Trade. A. Budget Unit: Department of Industry and Trade ....................................................................................................$ 12,403.860 State Operations Budget: Personal Services....................................................................................................! 4,806,338 Regular Operating Expenses ...................................................................................$ 718,786 Travel..........................................................................................................................$ 304,100 Motor Vehicle Equipment Purchases..................................................................................................................! 12,720 Publications and Printing........................................................................................! 294,650 Equipment Purchases.................................................................................................! 27,100 Computer Charges....................................................................................................! 136,260 Real Estate Rentals..................................................................................................! 446,415 Telecommunications.................................................................................................! 161,041 Per Diem, Fees and Contracts................................................................................! 194,150 Postage........................................................................................................................! 150,800 Local Welcome Center Contracts...........................................................................! 140,000 Advertising..............................................................................................................! 3,000,000 Georgia Ports Authority Authority Lease Rentals...................................................................................! 2,735,000 THURSDAY, FEBRUARY 28, 1985 1765 Georgia Ports Authority - General Obligation Bond Payments.............................................................................................................! 5,413,213 Historic Chattahoochee Commission Contract.............................................................................................! 50,000 Atlanta Council for International Visitors.............................................................................................! 25,000 Waterway Development in Georgia..........................................................................! 50,000 Georgia Music Week Promotion...............................................................................! 20,000 Georgia World Congress Center Operating Expenses......................................................................................................! -0- Contract - Georgia Association of Broadcasters........................................................................................................! 51,500 Southern Center for International Studies..............................................................................................! 25,000 Contract - Lanier Regional Committee......................................................................................................................! -0- Total Funds Budgeted........................................................................................! 18,762,073 State Funds Budgeted.........................................................................................! 12,403,860 Total Positions Budgeted 194 Authorized Motor Vehicles 21 Department of Industry and Trade Functional Budgets Pos. Total Funds State Funds Industry 18 ! 768,235 ! 768,235 Research 14 ! 495,921 ! 495,921 Tourism Promotional 27 ! 1,244,070 ! 1,244,070 Tourist Welcome Centers 93 ! 2,261,223 ! 2,116,223 Internal Administration 25 ! 9,822,533 ! 3,609,320 International 17 ! 1,170,091 ! 1,170,091 Advertising Undistributed 0! 0$ 3,000,000 ! -0; ! 3,000,000 -0- Total 194 ! 18,762,073 ! 12,403,860 B. Budget Unit: Author ................_! _ -0- Administration Budget: Personal Services..................................................................................................! 30,537,506 Regular Operating Expenses..............................................................................! 12,869,089 Travel..........................................................................................................................! 524,088 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing........................................................................................! 154,919 Equipment Purchases.................................................................................................! 50,000 Computer Charges....................................................................................................! 532,856 Real Estate Rentals..................................................................................................! 109,343 Telecommunications.................................................................................................! 414,856 Per Diem, Fees and Contracts.............................................................................! 1,667,740 G.O. Bonds and Lease Rentals - G.P.A..................................................................................................! 7,233,576 Other Debt Service Payments - G.P.A.................................................................................................! 820,000 1766 JOURNAL OF THE HOUSE, Capital Outlay - Internal Operations - G.P.A.............................................................................................$ 4,373,713 Atlanta Convention and Visitors Bureau - G.W.C.C. .........................................................................................$_ ^ Total Funds Budgeted ........................................................................................$ 59,287,686 State Funds Budgcted......................................................................................................$ -0- Total Positions Budgeted 995 Authorized Motor Vehicles 37 Georgia World Congress Center Georgia Ports Authority Undistributed Total Authorities Functional Budgets Pos. Total Funds State Funds 215 $ 10,416,126 $ -0- 780 $ 48,871,560 $ -0- _Q $_ -0; I -0; 995 $ 59,287,686 $ -0- Section 25. Department of Labor. Budget Unit: Department of L __ State Operations: Personal Services..................................................................................................$ 55,627,118 Regular Operating Expenses ................................................................................$ 4,586,528 Travel.......................................................................................................................$ 1,186,803 Motor Vehicle Equipment Purchases........................................................................................................................$ -0- Publications and Printing..........................................................................................$ 44,130 Equipment Purchases...............................................................................................! 692,185 Computer Charges .................................................................................................$ 1,872,300 Real Estate Rentals ...............................................................................................$ 2,120,474 Telecommunications..............................................................................................? 1,314,855 Per Diem, Fees and Contracts (JTPA).............................................................................................$ 56,387,955 Per Diem, Fees and Contracts .............................................................................$ 2,192,660 W.I.N. Grants ............................................................................................................$ 260,000 Total Funds Budgeted ......................................................................................$ 126,285,008 State Funds Budgeted...........................................................................................? 4,742,985 Total Positions Budgeted 1,979 Authorized Motor Vehicles 9 Department of Labor Functional Budgets Pos. Total Funds State Funds Inspection 47 $ 1,603,905 $ 1,603,905 Basic Employment Work Incentive Food Stamps Job Training Partnership 1,495 $ 82 $ 47 $ 230 $ 50,988,688 $ 3,875,275 $ 1,245,300 $ 66,365,611 $ 932,851 -0-0-0- Correctional Services 78 $ 2,206,229 $ 2,206,229 Undistributed Total __Q $ 1,979 $ -0- $ 126,285,008 $ -0; 4,742,985 THURSDAY, FEBRUARY 28, 1985 1767 Section 26. Department of Law. Budget Unit: Department of Law.........................................................................! 5,661.048 Attorney General's Office Budget: Personal Services....................................................................................................$ 4,980,202 Regular Operating Expenses ...................................................................................$ 317,912 Travel..........................................................................................................................$ 120,950 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 44,491 Equipment Purchases.................................................................................................! 12,191 Computer Charges......................................................................................................! 60,000 Real Estate Rentals ..................................................................................................$ 314,607 Telecommunications...................................................................................................! 91,982 Per Diem, Fees and Contracts..................................................................................! 45,000 Books for State Library.............................................................................................! 96,000 Capital Outlay...................................................................................................................! ^ Total Funds Budgeted ..........................................................................................$ 6,083,335 State Funds Budgeted...........................................................................................! 5,661,048 Total Positions Budgeted 122 Authorized Motor Vehicles 1 Section 27. Department of Medical Assistance. Budget Unit: Medicaid Services.......................................................................! 278,214,434 Departmental Operations Budget: Personal Services....................................................................................................! 6,176,633 Regular Operating Expenses ...................................................................................$ 163,850 Travel..........................................................................................................................! 131,150 Motor Vehicle Equipment Purchases...................................................................................................! -0- Publications and Printing..........................................................................................! 97,400 Equipment Purchases.................................................................................................! 22,380 Computer Charges.................................................................................................! 4,483,300 Real Estate Rentals..................................................................................................! 771,620 Telecommunications.................................................................................................! 180,025 Per Diem, Fees and Contracts...........................................................................! 10,186,000 Postage........................................................................................................................! 150,000 Medicaid Benefits..............................................................................................! 865,519,418 Payments to Counties for Mental Health..................................................................................................! 10,619,200 Audits Contracts....................................................................................................! 1,456,070 Total Funds Budgeted ......................................................................................$ 899,957,046 State Funds Budgeted.......................................................................................! 278,214,434 Total Positions Budgeted 230 Authorized Motor Vehicles 3 Medical Assistance Functional Budgets Pos. Total Funds Commissioner's Office 11 $ 654,969 $ Program Management 46 $ 11,779,787 $ Administration 35 $ 2,319,279 $ Operations 49 ! 5,931,426 ! Program Integrity 84 $ 2,635,767 $ State Funds 327,485 1,555,864 609,239 1,539,082 1,138,509 1768 Benefits Undistributed Total JOURNAL OF THE HOUSE, 0$ 5$ 230 $ 832,543,859 $ 44,091,959 $ 899,957,046 $ 260,256,113 12,788.142 278,214,434 Section 28. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Agency Assessments...................................................................................$ 5,815,623 Departmental Operations Budget: Personal Services....................................................................................................$ 4,553,937 Regular Operating Expenses ...................................................................................$ 103,327 Travel............................................................................................................................$ 48,545 Motor Vehicle Equipment Purchases........................................................................................................................$ -0- Publications and Printing........................................................................................! 153,583 Equipment Purchases.................................................................................................! 23,810 Computer Charges .................................................................................................$ 1,453,842 Real Estate Rentals ..................................................................................................$ 685,737 Telecommunications.................................................................................................! 101,565 Per Diem, Fees and Contracts...........................................................................! 25,145,374 Postage........................................................................................................................! 143,360 Health Insurance Payments.............................................................................! 230,002,649 Total Funds Budgeted......................................................................................$ 262,415,729 Agency Assessments..............................................................................................! 5,815,623 Employee and Employer Contributions..................................................................................................! 256,570,106 Deferred Compensation .............................................................................................$ 30,000 Total Positions Budgeted 174 Authorized Motor Vehicles 0 Merit System Functional Budgets Pos. Total Funds State Funds Applicant Services 39 $ 1,722,610 ! -0- Classification and Compensation 19 $ 771,405 $ -0- Program Evaluation and Audit 13 $ 607,100 $ -0- Employee Training and Development 23 ! 907,615 $ -0- Health Insurance Administration 36 $ 6,937,486 $ -0- Health Insurance Claims 0! 249,412,619 ! -0- Internal Administration 36 ! 1,000,003 ! -0- Commissioner's Office 8! 1,056,891 ! -0- Undistributed __0 ! zOi ! ^ Total 174 ! 262,415,729 $ -0- THURSDAY, FEBRUARY 28, 1985 1769 Section 29. Department of Natural Resources. A. Budget Unit: Department of Natural Resources .....................................................................................................$ 54,121,210 Operations Budget: Personal Services..................................................................................................! 38,219,045 Regular Operating Expenses ................................................................................$ 8,001,925 Travel..........................................................................................................................$ 451,490 Motor Vehicle Equipment Purchases.............................................................................................................! 1,108,243 Publications and Printing........................................................................................! 488,143 Equipment Purchases............................................................................................! 1,004,245 Computer Charges.................................................................................................! 1,216,992 Real Estate Rentals..................................................................................................! 969,645 Telecommunications.................................................................................................! 790,615 Per Diem, Fees and Contracts................................................................................! 819,645 Postage........................................................................................................................! 345,085 Land and Water Conservation Grants..................................................................................................................! 2,500,000 Recreation Grants.....................................................................................................! 750,000 Water and Sewer Grants ......................................................................................$ 6,000,000 Solid Waste Grants................................................................................................! 2,000,000 Contract with U. S. Geological Survey for Ground Water Resources Survey ..................................................................................................$ 275,000 Contract with U.S. Geological Survey for Topographic Maps.............................................................................$ 125,000 Capital Outlay - Repairs and Maintenance................................................................................................! 1,006,993 Capital Outlay Shop Stock - Parks...............................................................................................! 300,000 Capital Outlay - Heritage Trust...............................................................................! 75,000 Authority Lease Rentals .......................................................................................$ 1,250,000 Cost of Material for Resale ..................................................................................$ 1,025,000 Payments to Lake Lanier Islands Development Authority........................................................................................! 513,000 Contract - Special Olympics, Inc............................................................................................................................! 186,000 Georgia Sports Hall of Fame....................................................................................! 50,000 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition .........................................................................................$ 400,000 Capital Outlay - User Fee Enhancements - Parks .........................................................................................$ 863,000 Capital Outlay - Buoy Maintenance.............................................................................................................! 20,000 Capital Outlay - Consolidated Maintenance - Game and Fish............................................................................! 337,220 Technical Assistance Contract...........................................,....................................! 125,000 Capital Outlay ...........................................................................................................$ 375,000 Contract - Georgia Rural Water Association...................................................................................................! 10,000 Grant - The Hay House.............................................................................................! 50,000 Contract - Corps of Engineers (Cold Water Creek St. Park)...............................................................................! 130,000 Grant - Tybee Island........................................................................................................! -0- 1770 JOURNAL OF THE HOUSE, Advertising and Promotion .....................................................................................$ 100,000 Payment to Georgia Agricultural Exposition Authority ................................................................................................................$ 500,000 Historic Preservation Grant.........................................................................................................................! 40,000 Payment to Jekyll Island State Park - Capital Outlay .......................................................................................................$ 100.000 Total Funds Budgeted ........................................................................................$ 72,025,942 Receipts from Jekyll Island State Park Authority ..............................................................................................$ 53,750 Receipts from Stone Mountain Memorial Association ......................................................................,....................$ 315,000 State Funds Budgeted.........................................................................................$ 54,121,210 Total Positions Budgeted 1,278 Authorized Motor Vehicles 1,025 Department of Natural Resources Functional Budgets Pos. Total Funds State Funds Internal Administration 81 $ 5,011,006 $ 4,642,256 Game and Fish 479 $ 20,554,164 $ 17,452,884 Parks, Recreation and Historic Sites 377 $ 23,570,757 $ 12,650,055 Environmental Protection 315 $ 21,709,328 $ 18,260,328 Coastal Resources 26 $ 1,180,687 $ 1,115,687 Undistributed 0$ -0- $ -0- Total 1,278 $ 72,025,942 $ 54,121,210 ....................$ -0- Operations Budget: Personal Services....................................................................................................! 5,360,000 Regular Operating Expenses ................................................................................$ 3,096,500 Travel............................................................................................................................$ 60,300 Motor Vehicle Equipment Purchases......................................................................$ 51,000 Publications and Printing........................................................................................$ 109,000 Equipment..................................................................................................................$ 115,000 Computer Charges ......................................................................................................$ 18,000 Real Estate Rentals ......................................................................................................$ 8,000 Telecommunications.................................................................................................$ 107,200 Per Diem, Fees and Contracts ................................................................................$ 455,000 Capital Outlay...........................................................................................................! 100,000 Promotion Expense...........................................................................................................$ -0- Campground Sinking Fund .............................................................................................$ -0- Payments to the Department of Natural Resources ..............................................................................................$ 53,750 Mortgage Payments ..........................................................................................................$ -0- Total Funds Budgeted ..........................................................................................$ 9,533,750 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 223 Authorized Motor Vehicles 100 THURSDAY, FEBRUARY 28, 1985 1771 Authorities Functional Budgets Pos. Total Funds State Funds Lake Lanier Islands Development Authority 64 $ 3,165,000 $ -0- Jekyll Island State Park Authority 157 ! 5,868,750 $ -0- Georgia Agricultural Exposition Authority _2 $ 500,000 $ ^ Total 223 $ 9,533,750 $ -0- Section 30. Department of Offender Rehabilitation. A. Budget Unit: Departmental Operations.........................................................! 24,979,030 Departmental Operations Budget: Personal Services....................................................................................................! 9,593,947 Regular Operating Expenses ...................................................................................$ 678,069 Travel..........................................................................................................................! 345,454 Motor Vehicle Equipment Purchases..................................................................................................................! 63,300 Publications and Printing..........................................................................................! 62,400 Equipment Purchases...............................................................................................! 226,767 Computer Charges.................................................................................................! 1,236,392 Real Estate Rentals...............................................................................................! 1,071,202 Telecommunications.................................................................................................! 312,878 Per Diem, Fees and Contracts................................................................................! 980,529 Utilities.........................................................................................................................! 50,000 County Subsidy......................................................................................................! 7,592,000 County Subsidy for Jails..........................................................................................! 493,092 Court Costs................................................................................................................! 418,000 Central Repair Fund ................................................................................................$ 550,000 Grants for County Workcamp Construction...................................................................................! 1,000,000 Local Jail Equipment Grants..........................................................................................! -0- Grants for Local Jails...............................................................................................! 500,000 Total Funds Budgeted ........................................................................................$ 25,174,030 State Funds Budgeted.........................................................................................! 24,979,030 Total Positions Budgeted 337 Authorized Motor Vehicles 93 Departmental Operations Functional Budgets Pos. Total Funds State Funds General Administration and Support 167 $ 7,707,248 $ 7,707,248 Adult Facilities and Programs 138 $ 14,117,576 $ 13,922,576 Training and Staff Development 29 $ 1,375,011 $ 1,375,011 Undistributed 3f 1,974,195 ! 1,974,195 Total 337 $ 25,174,030 $ 24,979,030 1772 JOURNAL OF THE HOUSE, B. Budget Unit: Correctional Institutions, Transitional Centers and Support ......................................................................................................$ 145,734,100 Institutional Operations Budget: Personal Services..................................................................................................$ 97,534,427 Regular Operating Expenses ..............................................................................$ 19,627,515 Travel............................................................................................................................! 92,817 Motor Vehicle Equipment Purchases.............................................................................................................! 1,508,800 Publications and Printing..........................................................................................! 88,000 Equipment Purchases............................................................................................! 3,148,735 Computer Charges.............................................................................................................! -0- Real Estate Rentals..................................................................................................! 294,430 Telecommunications................................................................................................-! 961,823 Per Diem, Fees and Contracts................................................................................! 209,079 Utilities....................................................................................................................! 7,397,100 Payments to Central State Hospital for Meals .............................................................................................$ 2,430,900 Payments to Central State Hospital for Utilities..........................................................................................! 1,224,000 Payments to Public Safety for Meals...................................................................................................................! 70,434 Inmate Release Funds..............................................................................................! 980,000 Health Service Purchases ...................................................................................$ 10,946,930 Payments to the Medical Association of Georgia for Jail and Prison Health Care Certification....................................................................................................! 42,909 University of Georgia - Cooperative Extension Service Contracts ..................................................................................................$ 200,000 Minor Construction Fund........................................................................................! 140,201 Authority Lease Rentals ..........................................................................................$ 440,000 Capital Outlay...................................................................................................................! ^ Total Funds Budgeted ......................................................................................$ 147,338,100 State Funds Budgeted.......................................................................................! 145,734,100 Total Positions Budgeted 4,857 Authorized Motor Vehicles 389 Correctional Institutions, Transitional Centers, and Support Functional Budgets Pos. Total Funds State Funds Georgia Training and Development Center 68 ! 1,825,744 $ 1,825,744 Georgia Industrial Institute 296 ! 7,343,660 $ 7,343,660 Alto Education and Evaluation Center 40 ! 1,337,280 $ 1,337,280 Georgia Diagnostic and Classification Center 321 ! 7,747,338 $ 7,747,338 Georgia State Prison 717 ! 16,559,449 $ 16,559,449 Consolidated Branches 523 ! 12,921,516 $ 12,831,476 THURSDAY, FEBRUARY 28, 1985 1773 Middle Georgia Correctional Institution 799 $ 18,269,662 $ 18,269,662 Jack T. Rutledge Correctional Institution 151 $ 3,715,508 $ 3,715,508 Central Correctional Institution 135 $ 3,184,783 $ 3,184,783 Metro Correctional Institution 174 4,030,864 $ 4,030,864 Coastal Correctional Institution 174 4,082,032 4,023,532 Central Funds D.O.T. Work Details 3 9,330,123 9,226,123 32 678,428 -0- Food Processing and Distribution 207 12,091,334 11,443,302 Farm Operations 38 5,411,496 5,386,496 Dodge Correctional Institution 143 3,160,295 3,160,295 Transitional Centers 117 3,316,694 3,316,694 Augusta Correctional and Medical Institution 251 5,381,931 5,381,931 Health Care 290 19,318,043 19,318,043 Richard H. Rogers Correctional Institution 141 $ 3,374,240 $ 3,374,240 Forsyth Correctional Institution 153 2,500,000 $ 2,500,000 Undistributed _84 1.757.680 $ 1.757.680 Total 4,857 147,338,100 $ 145,734,100 C. Budget Unit: Board of Pardons and Paroles..........................................................................................................$ 12,719.668 Board of Pardons and Paroles Budget: Personal Services..................................................................................................? 10,106,653 Regular Operating Expenses ...................................................................................$ 374,665 Travel..........................................................................................................................? 436,500 Motor Vehicle Equipment Purchases..................................................................................................................? 50,000 Publications and Printing..........................................................................................? 38,394 Equipment Purchases...............................................................................................? 101,550 Computer Charges....................................................................................................? 249,052 Real Estate Rentals..................................................................................................? 770,219 Telecommunications.................................................................................................? 335,510 Per Diem, Fees and Contracts..................................................................................? 40,700 County Jail Subsidy .................................................................................................$ 216.425 Total Funds Budgeted........................................................................................? 12,719,668 1774 JOURNAL OF THE HOUSE, State Funds Budgeted.........................................................................................! 12,719,668 Total Positions Budgeted 465 Authorized Motor Vehicles 31 D. Budget Unit: Georgia Correctional Industries..................................................................................................................! -0- Georgia Correctional Industries Budget: Personal Services....................................................................................................! 2,121,143 Regular Operating Expenses ...................................................................................$ 894,000 Travel............................................................................................................................! 61,000 Motor Vehicle Equipment Purchases................................................................................................................! 187,000 Publications and Printing............................................................................................! 9,500 Equipment Purchases...............................................................................................! 396,000 Computer Charges ........................................................................................................$ 1,900 Real Estate Rentals....................................................................................................! 95,000 Telecommunications...................................................................................................! 68,500 Per Diem, Fees and Contracts................................................................................! 344,300 Cost of Sales...........................................................................................................! 6,245,000 Repayment of Prior Year's Appropriations.........................................................................................................! 84,000 Capital Outlay............................................................................................-....................! -0- Total Funds Budgeted ........................................................................................$ 10,507,343 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 83 Authorized Motor Vehicles 19 E. Budget Unit: Division of Probations ..............................................................$ 29,075,202 Operations Budget: Personal Services..................................................................................................! 28,227,929 Regular Operating Expenses ...................................................................................$ 804,988 Travel..........................................................................................................................! 668,204 Motor Vehicle Equipment Purchases..................................................................................................................! 19,000 Publications and Printing..........................................................................................! 84,150 Equipment Purchases...............................................................................................! 351,570 Computer Charges.......................................................,.....................................................! -0- Real Estate Rentals..................................................................................................! 862,861 Telecommunications.................................................................................................! 432,850 Utilities.......................................................................................................................! 321,650 Per Diem, Fees and Contracts..................................................................................! 12,000 Capital Outlay ...................................................................................................................$ ^i Total Funds Budgeted ........................................................................................$ 31,785,202 State Funds Budgeted.........................................................................................! 29,075,202 Total Positions Budgeted 1,282 Authorized Motor Vehicles 97 Division of Probations Functional Budgets Pos. Total Funds State Funds Probation Administration 21 $ 645,960 $ 515,960 Probation Field Operations 1,051 $ 25,448,978 $ 23,578,978 Diversion Centers 210 $ 5,690,264 $ 4,980,264 Undistributed __0 f ^! -_& Total 1,282 $ 31,785,202 $ 29,075,202 THURSDAY, FEBRUARY 28, 1985 1775 Section 31. Department of Public Safety. A. Budget Unit: Department of Public Safety...........................................................................................................! 55,525,305 Operations Budget: Personal Services..................................................................................................! 39,903,900 Regular Operating Expenses ................................................................................$ 5,970,433 Travel..........................................................................................................................$ 120,356 Motor Vehicle Equipment Purchases.............................................................................................................? 3,712,900 Publications and Printing........................................................................................! 471,422 Equipment Purchases...............................................................................................! 339,912 Computer Charges.................................................................................................! 2,315,529 Real Estate Rentals......................................................................................................! 7,608 Telecommunications.................................................................................................! 633,355 Per Diem, Fees and Contracts................................................................................! 168,125 Postage........................................................................................................................! 616,039 Conviction Reports...................................................................................................! 205,000 State Patrol Posts Repairs and Maintenance ....................................................................................$ 150,000 Driver License Processing........................................................................................! 943,893 Total Funds Budgeted ........................................................................................$ 55,558,472 Indirect DOAS Service Funding.....................................................................................! -0- State Funds Budgeted.........................................................................................! 55,525,305 Total Positions Budgeted 1,472 Authorized Motor Vehicles 1,109 Public Safety Functional Budgets Pos. Total Funds State Funds Administration 170 $ 6,510,503 $ 6,510,503 Driver Services 310 ! 10,914,593 ! 10,881,426 Field Operations 992 $ 38,133,376 $ 38,133,376 Undistributed __0 ! :Q: $ :Q: Total 1,472 $ 55,558,472 $ 55,525,305 B. Budget Unit: Units Attached for Administrative Purposes Only...............................................................................................! 6,135,635 Attached Units Budget: Personal Services....................................................................................................! 2,827,422 Regular Operating Expenses ...................................................................................$ 417,105 Travel..........................................................................................................................! 101,700 Motor Vehicle Equipment Purchases....................................................................! 110,300 Publications and Printing..........................................................................................! 42,350 Equipment Purchases...............................................................................................! 125,152 Computer Charges ....................................................................................................$ 186,820 Real Estate Rentals..................................................................................................! 124,764 Telecommunications...................................................................................................! 78,404 Per Diem, Fees and Contracts................................................................................! 428,669 Postage..........................................................................................................................! 23,950 Peace Officers Training Grants ...........................................................................$ 1,963,680 Highway Safety Grants .........................................................................................| 3,500,000 Total Funds Budgeted ..........................................................................................$ 9,930,316 State Funds Budgeted...........................................................................................! 6,135,635 Total Positions Budgeted 86 Authorized Motor Vehicles 49 1776 JOURNAL OF THE HOUSE, Attached Units Functional Budgets Pos. Total Funds State Funds Office of Highway Safety 8$ 3,353,063 $ 178,382 Georgia Peace Officers Standards and Training 25 $ 3,065,106 $ 3,065,106 Police Academy 18 $ 1,123,343 $ 1,078,343 Fire Academy 14 $ 773,150 $ 698,150 Georgia Firefighters Standards and Training Council 5$ 286,729 $ 286,729 Organized Crime Prevention Council 3$ 278,695 $ 278,695 Georgia Public Safety Training Facility 13 $ 550,230 $ 550,230 Undistributed _0 $ -O: $ -0; Total 86 $ 9,930,316 $ 6,135,635 Section 32. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System...................................................................................$ 13,310,975 Departmental Operations Budget: Payments to Employees' Retirement System ...............................................................................................$ 185,975 Employer Contributions......................................................................................! 13,125,000 Total Funds Budgeted ........................................................................................$ 13,310,975 State Funds Budgeted.........................................................................................$ 13,310,975 Section 33. Public Service Commission. Budget Unit: Public Service Commission .................................................................................................$ 6,766,673 Departmental Operations Budget: Personal Services....................................................................................................$ 3,841,885 Regular Operating Expenses ...................................................................................$ 225,616 Travel..........................................................................................................................$ 133,400 Motor Vehicle Equipment Purchases ......................................................................$ 72,560 Publications and Printing..........................................................................................! 15,875 Equipment Purchases.................................................................................................! 31,973 Computer Charges ....................................................................................................$ 148,649 Real Estate Rentals ..................................................................................................$ 218,907 Telecommunications .................................................................................................$ 106,850 Per Diem, Fees and Contracts.............................................................................$ 2,152,500 Total Funds Budgeted ..........................................................................................$ 6,948,215 State Funds Budgeted...........................................................................................! 6,766,673 Total Positions Budgeted 133 Authorized Motor Vehicles 29 Administration Public Service Commission Functional Budgets Pos. Total Funds 19 $ 972,309 $ State Funds 972,309 THURSDAY, FEBRUARY 28, 1985 1777 Transportation Utilities Undistributed Total 55 $ 59 $ _0 $ 133 $ 1,926,417 $ 4,049,489 $ JL $ 6,948,215 $ 1,826,417 3,967,947 -0; 6,766,673 Section 34. Regents, University System of Georgia. A. Budget Unit: Resident Instruction ...............................................................$ 519,363,485 Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. ........................................................................$ 537,454,932 Sponsored Operations......................................................................................! 65,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs.........................................................................$ 148,864,590 Sponsored Operations......................................................................................! 72,000,000 Office of Minority Business Enterprise..............................................................................................! 326,484 Special Desegregation Programs.............................................................................! 309,961 Authority Lease Rentals .....................................................................................$ 15,582,666 Research Consortium.............................................................................................! 3,500,000 Eminent Scholars Program...................................................................................! 2,000,000 Total Funds Budgeted ......................................................................................$ 845,038,633 Departmental Income..........................................................................................! 21,750,000 Sponsored Income..............................................................................................! 137,000,000 Other Funds........................................................................................................$ 166,925,148 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted.......................................................................................! 519,363,485 Total Positions Budgeted 17,020 B. Budget Unit: Regents Central Office and Other Organized Activities....................................................................................................! 121,504,656 Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs.........................................................................! 138,408,926 Sponsored Operations......................................................................................! 46,208,132 Operating Expenses: Educ., Gen., and Dept. Svcs...........................................................................! 58,447,929 Sponsored Operations......................................................................................! 19,520,077 Fire Ant and Environmental Toxicology Research.............................................................................................! 249,308 Agricultural Research............................................................................................! 1,262,491 Advanced Technology Development Center.............................................................................................! 832,194 Capitation Contracts for Family Practice Residency ...............................................................................$ 2,180,000 New Program Development Contracts for Family Practice Residency........................................................................................................! -0- Residency Capitation Grants ...............................................................................$ 2,280,000 Student Preceptorships............................................................................................! 185,000 Capital Outlay - ETMH Renovations.........................................................................................................! 2,200,000 Capital Outlay - GRTC....................................................................................................$ -0- 1778 JOURNAL OF THE HOUSE, SREB Payments.....................................................................................................$ 6,284,950 Medical Scholarships................................................................................................? 587,000 Regents Opportunity Grante...................................................................................$ 600,000 Regents Scholarships................................................................................................? 200,000 Grants to Junior Colleges .....................................................................................$ 6,120,444 Rental Payments to Georgia Military College...................................................................................................-? 225.000 Total Funds Budgeted ......................................................................................$ 285,791,451 Departmental Income............................................................................................$ 1,810,817 Sponsored Income................................................................................................$ 65,728,209 Other Funds..........................................................................................................$ 96,747,769 Indirect DOAS Services Funding ...................................................................................$ -0- State Funds Budgeted.......................................................................................? 121,504,656 Total Positions Budgeted 5,905 Regents Central Office and Other Organized Activities Functional Budgets Pos. Total Funds State Funds Marine Resources Extension Center 27 1,051,742 $ 916,742 Skidaway Institute of Oceanography 35 3,350,325 $ 1,205,325 Marine Institute 20 1,023,541 $ 683,541 Georgia Tech Research Institute 476 74,495,630 $ 8,080,602 Engineering Extension Division 52 3,214,552 $ 1,731,199 Agricultural Experiment Station 869 40,865,907 $ 25,511,162 Cooperative Extension Service 973 37,320,594 $ 25,150,594 Eugene Talmadge Memorial Hospital 3,150 $ 94,046,870 $ 32,201,003 Veterinary Medicine Experiment Station 64 2,350,092 $ 2,350,092 Veterinary Medicine Teaching Hospital 55 1,923,642 $ 463,360 Family Practice Residency Program 4,890,855 $ 4,890,855 Georgia Radiation Therapy Center 32 $ 1,305,764 $ 172,453 Athens and Tifton Veterinary Laboratories 48 $ 1,804,209 -0- Regents Central Office Undistributed Total 100 $ __0 f 5,905 $ 18,147,728 -0- 285,791,451 18,147,728 -0- 121,504,656 THURSDAY, FEBRUARY 28, 1985 1779 C. Budget Unit: Georgia Public Telecommunications Commission...................................................................................................! 4,954,226 Public Telecommunications Commission Budget: Personal Services: Educ., Gen., and Dept. Svcs.............................................................................$ 3,413,618 Sponsored Operations...................................................................................................! -0- Operating Expenses: Educ., Gen., and Dept. Svcs.............................................................................$ 4,599,035 Sponsored Operations...................................................................................................! -Q- Total Funds Budgeted ..........................................................................................$ 8,012,653 State Funds Budgeted...........................................................................................! 4,954,226 Total Positions Budgeted 139 Authorized Motor Vehicles 14 Section 35. Department of Revenue. Budget Unit: Department of Revenue...............................................................! 53,025,756 Operations Budget: Personal Services..................................................................................................! 30,223,633 Regular Operating Expenses ................................................................................$ 1,104,710 Travel.......................................................................................................................! 1,326,398 Motor Vehicle Equipment Purchases..................................................................................................................! 40,500 Publications and Printing.....................................................................................! 1,842,732 Equipment Purchases............................................................................................! 1,225,340 Computer Charges .................................................................................................$ 6,953,312 Real Estate Rentals...............................................................................................! 1,945,423 Telecommunications.................................................................................................! 587,770 Per Diem, Fees and Contracts................................................................................! 351,000 County Tax Officials/Retirement and FICA.............................................................................................................$ 1,644,000 Grants to Counties/Appraisal Staff......................................................................................................................! 1,663,187 Motor Vehicle Tag Purchases..............................................................................! 1,433,600 Motor Vehicle Decal Purchases..............................................................................! 367,500 Postage.....................................................................................................................! 2,316,651 Total Funds Budgeted ........................................................................................$ 53,025,756 Indirect DOAS Services Funding ...................................................................................$ -0- State Funds Budgeted.........................................................................................! 53,025,756 Total Positions Budgeted 1,223 Authorized Motor Vehicles 65 Department of Revenue Functional Budgets Pos. Total Funds State Funds Departmental Administration 61 ! 4,437,593 $ 4,437,593 Internal Administration 98 $ 6,543,649 $ 6,543,649 Field Services 363 ! 10,281,215 ! 10,281,215 Income Tax 142 $ 5,926,006 $ 5,926,006 Motor Vehicle 248 $ 11,657,609 ! 11,657,609 Central Audit 94 $ 3,808,685 $ 3,808,685 1780 JOURNAL OF THE HOUSE, Property Tax Sales Tax Undistributed Total 56 $ 121 $ 40 $ 1,223 $ 3,553,808 3,067,307 3,749,884 53,025,756 3,553,808 3,067,307 3,749,884 53,025,756 Section 36. Secretary of State. A. Budget Unit: Secretary of State......................................................................? 15,756,931 Personal Services....................................................................................................? 9,731,372 Regular Operating Expenses ................................................................................$ 1,386,288 Travel..........................................................................................................................$ 196,350 Motor Vehicle Equipment Purchases................................................................................................................? 101,800 Publications and Printing........................................................................................? 383,316 Equipment Purchases...............................................................................................? 175,745 Computer Charges....................................................................................................? 490,731 Real Estate Rentals ...............................................................................................$ 1,814,119 Telecommunications.................................................................................................? 286,200 Per Diem, Fees and Contracts................................................................................? 441,700 Election Expenses.....................................................................................................? 500,000 Postage........................................................................................................................? 309,410 Total Funds Budgeted........................................................................................? 15,817,031 State Funds Budgeted.........................................................................................? 15,756,931 Total Positions Budgeted 373 Authorized Motor Vehicles 74 Secretary of State Functional Budgets Pos. Total Funds State Funds Internal Administration 42 1,755,721 ? 1,753,621 Archives and Records 92 3,978,989 ? 3,928,989 Corporations Regulation 49 1,463,805 ? 1,461,805 Elections and Campaign Disclosure 15 1,221,391 ? 1,221,391 Securities Regulation 23 952,215 $ 946,215 Drugs and Narcotics 15 619,039 ? 619,039 State Campaign and Financial Disclosure 131,641 ? 131,641 Occupational Certification 134 5,694,230 $ 5,694,230 Undistributed ;Q; ? -0; Total 373 ? 15,817,031 $ 15,756,931 Occupational Certification Functional Budgets Accounting Board Costs ? 184,908 Cost of Operations 341,315 THURSDAY, FEBRUARY 28, 1985 Architect Athletic Trainers Auctioneers Barbers Chiropractic Construction Industry Cosmetology Dentistry Dieticians Engineers Forestry Funeral Service Geology Hearing Aid Landscape Architect Librarians Marriage and Family Therapists Medical Examiners Nursing Home Administrators Board of Nursing Dispensing Opticians Optometry Occupational Therapy Pharmacy Physical Therapy Podiatry Polygraph Examiners Practical Nursing Private Detective Psychologists Recreation Sanitarian Speech Pathology Used Car Dealers $ 47,942 $ $ 1,242 $ $ 6,242 $ $ 11,473 $ $ 11,095 $ $ 54,563 $ $ 37,092 $ $ 56,467 $ $ 11,500 $ $ 51,468 $ $ 3,139 $ $ 17,463 $ $ 3,331 $ $ 4,987 $ $ 13,523 $ $ 2,331 $ $ 30,080 $ $ 205,418 $ $ 12,069 $ $ 59,775 $ $ 5,218 $ $ 15,285 $ $ 2,179 $ $ 67,179 $ $ 11,791 $ $ 3,722 $ $ 5,734 $ $ 56,001 $ $ 11,915 $ $ 15,374 $ $ 4,871 $ $ 3,405 $ $ 4,520 $ $ 12,019 $ 1781 118,563 3,043 31,275 140,719 105,883 327,706 636,089 273,255 30,000 273,429 30,840 170,228 17,502 19,842 23,896 17,995 147,485 956,652 32,222 670,816 26,810 37,426 8,662 378,707 39,703 9,462 16,224 468,838 277,840 66,489 23,164 18,520 19,196 210,360 1782 JOURNAL OF THE HOUSE, Used Car Parts $ 9,523 $ 34,301 Veterinary $ 35,027 $ 95,266 Wastewater $ 4,932 $ 107,713 Well Water $ 4,606 $ 13,541 Total $ 1,099,409 $ 6,220,977 B. Budget Unit: Real Estate Commission ............................................................$ 1,122,128 Real Estate Commission Budget: Personal Services.....................................................,.................................................! 633,090 Regular Operating Expenses ...................................................................................$ 107,748 Travel............................................................................................................................$ 12,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 26,000 Equipment Purchases...................................................................................................! 5,350 Computer Charges....................................................................................................! 192,740 Real Estate Rentals....................................................................................................! 40,450 Telecommunications...................................................................................................! 18,250 Per Diem, Fees and Contracts..................................................................................! 86,000 Total Funds Budgeted ..........................................................................................$ 1,122,128 State Funds Budgeted...........................................................................................! 1,122,128 Total Positions Budgeted 28 Authorized Motor Vehicles 12 Real Estate Commission Functional Budget Real Estate Commission Pos. State Funds 28 ! 1,122,128 $ Cost of Operations 1,163,078 Section 37. Georgia Student Finance Commission. Budget Unit: Georgia Student Finance Commission................................................................................! 17,000,215 Administration Budget: Personal Services....................................................................................................! 2,543,871 Regular Operating Expenses ...................................................................................$ 184,290 Travel............................................................................................................................! 52,000 Motor Vehicle Equipment Purchases...................................................................................................! -0Publications and Printing..........................................................................................! 60,000 Equipment Purchases...................................................................................................! 6,150 Computer Charges ....................................................................................................$ 235,400 Telecommunications...................................................................................................! 83,940 Per Diem, Fees and Contracts..................................................................................! 26,500 Payment of Interest and Fees.................................................................................$ 430,000 Guaranteed Educational Loans ...........................................................................$ 3,113,550 Tuition Equalization Grants ..............................................................................$ 10,948,674 Student Incentive Grants .....................................................................................$ 4,443,122 Law Enforcement Personnel Dependents' Grants................................................................................................! 36,000 North Georgia College ROTC Grants.........................................................................................................! 126,300 Osteopathic Medical Loans .....................................................................................$ 180,000 Georgia Military Scholarship Grants.....................................................................................................................! 139,500 THURSDAY, FEBRUARY 28, 1985 1783 Academic Scholarships .....................................................................................................^ -0- Total Funds Budgeted ........................................................................................$ 22,609,297 State Funds Budgeted.........................................................................................? 17,000,215 Total Positions Budgeted 97 Authorized Motor Vehicles 1 Georgia Student Finance Commission Functional Budgets Pos. Total Funds State Funds Internal Administration 97 3,192,151 $ -0- Higher Education Assistance Corporation 0$ 430,000 $ 330,000 Georgia Student Finance Authority Undistributed 0$ _0 ! 18,987,146 $ -0; $ 16,670,215 -0- Total 97 $ 22,609,297 $ 17,000,215 Section 38. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee ..............................................................................$ 871,132 Soil and Water Conservation Central Office Budget: Personal Services.......................................................................................................! 547,827 Regular Operating Expenses .....................................................................................$ 56,380 Travel............................................................................................................................! 57,712 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 21,670 Equipment Purchases...................................................................................................! 2,620 Computer Charges.......................................................................................................-! 1,000 Real Estate Rentals....................................................................................................! 32,867 Telecommunications...................................................................................................! 14,670 Per Diem, Fees and Contracts................................................................................! 136,386 Total Funds Budgeted .............................................................................................$ 871,132 State Funds Budgeted..............................................................................................! 871,132 Total Positions Budgeted 20 Authorized Motor Vehicles 1 Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement System..........................................................................................................! 2,798,000 Departmental Operations Budget: Personal Services....................................................................................................! 1,832,330 Regular Operating Expenses .....................................................................................$ 74,400 Travel............................................................................................................................! 24,000 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing..........................................................................................! 54,000 Equipment Purchases.................................................................................................! 12,215 Computer Charges....................................................................................................! 644,346 Real Estate Rentals..................................................................................................! 185,115 Telecommunications.................................................................................................! 102,406 Per Diem, Fees and Contracts................................................................................! 274,000 Postage..........................................................................................................................! 88,000 1784 JOURNAL OF THE HOUSE, Post Retirement Benefit Adjustment.....................................................................................................................! -0- Cost-of-Living Increases for Local Retirement System Members................................................................! 1,630,000 Floor Fund for Local Retirement Systems...........................................................................................! 1,168,000 Total Funds Budgeted ..........................................................................................$ 6,088,812 State Funds Budgeted...........................................................................................! 2,798,000 Total Positions Budgeted 67 Authorized Motor Vehicles 1 Section 40. Department of Transportation. Budget Unit: Department of Transportation........................................................................................! 439,301,873 For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget: Personal Services................................................................................................! 159,366,282 Regular Operating Expenses ..............................................................................$ 44,848,281 Travel.......................................................................................................................! 1,588,112 Motor Vehicle Equipment Purchases.............................................................................................................! 1,000,000 Publications and Printing........................................................................................! 811,147 Equipment Purchases............................................................................................! 2,342,058 Computer Charges.................................................................................................! 1,759,670 Real Estate Rentals ...............................................................................................$ 1,086,507 Telecommunications..............................................................................................! 1,716,031 Per Diem, Fees and Contracts.............................................................................! 8,991,102 Capital Outlay....................................................................................................! 529,518,044 Grants to Counties.................................................................................................! 9,317,013 Authority Lease Rentals .....................................................................................$ 23,260,745 State of Georgia General Obligation Debt Sinking Fund.........................................................................! 3,458,506 Grants to Municipalities.......................................................................................! 9,317,000 Capital Outlay - Airport Development.........................................................................................! 1,270,000 Capital Outlay - Airport Approach Aid and Operational Improvement.........................................................................! 1,343,000 Mass Transit Grants..............................................................................................! 8,796,429 Savannah Harbor Maintenance Payments................................................................................................................! 630,000 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction .....................................................................................................$ -0- Geodetic Control...............................................................................................................! ^ Total Funds Budgeted ......................................................................................$ 810,419,927 State Funds Budgeted.......................................................................................! 439,301,873 Total Positions Budgeted 6,946 Authorized Motor Vehicles 4,800 Department of Transportation Functional Budgets Motor Fuel Tax Budget Pos. Total Funds State Funds Planning and Construction 3,005 ! 570,288,975 $ 212,980,795 THURSDAY, FEBRUARY 28, 1985 1785 Maintenance and Betterments Facilities and Equipment Assistance to Counties Administration Undistributed Total 3,564 $ 0$ 0$ 338 $ __0 $ 6,907 $ 158,423,310 $ 4,008,247 $ 9,317,013 $ 41,808,455 $ -0-; $ 783,846,000 $ 154,238,490 3,408,247 9,317,013 41,358,455 -0^ 421,303,000 General Funds Budget Grants to Municipalities Paving at State and Local Schools and State Institutions Paving at State Parks and Historic Sites Geodetic Control Air Transportation Inter-Modal Transfer Facilities Harbor Maintenance Facilities Capital Outlay Undistributed Total 0$ 0$ 0$ 0$ 16 $ 23 $ 0$ 0$ _0 $ 39 $ 9,317,000 $ 750,000 $ 500,000 $ -0- $ 1,308,731 $ 13,068,196 $ 630,000 $ 1,000,000 $ -0: | 26,573,927 $ 9,317,000 750,000 500,000 -0- 918,731 4,883,142 630,000 1,000,000 -017,998,873 Section 41. Department of Veterans Service. Budget Unit: Department of Veterans Service ........................................................................................................$ 13,934,645 Departmental Operations Budget: Personal Services....................................................................................................! 3,496,744 Regular Operating Expenses .....................................................................................$ 48,290 Travel............................................................................................................................$ 82,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0Publications and Printing..........................................................................................! 18,000 Equipment Purchases.................................................................................................! 71,964 Computer Charges.............................................................................................................! -0Real Estate Rentals..................................................................................................! 193,169 Telecommunications...................................................................................................! 56,500 Per Diem, Fees and Contracts...................................................................................-! 7,360 Capital Outlay................................................,..........................................................! 280,000 Postage..........................................................................................................................! 32,500 Operating Expense/Payments to Central State Hospital ......................................................................................$ 8,248,354 Operating Expense/Payments to Medical College of Georgia...............................................................................! 4,553,916 1786 JOURNAL OF THE HOUSE, Regular Operating Expenses for Projects and Insurance.. Total Funds Budgeted............ State Funds Budgeted............. Total Positions Budgeted Authorized Motor Vehicles .........$ 25,780 ..$ 17,114,577 ..$ 13,934,645 142 1 Veterans Service Functional Budgets Pos. Total Funds State Funds Veterans Assistance 142 $ 3,949,103 3,711,720 Veterans Home and Nursing Facility Milledgeville 0$ 8,579,059 $ 6,752,859 Veterans Nursing Home - Augusta 0 4,586,415 $ 3,470,066 Undistributed _0 $ -0, $ -0; Total 142 17,114,577 $ 13,934,645 Section 42. Workers' Compensation Board. Budget Unit: Workers' Compensation Board...........................................................................................................-! 5.289,965 Operations Budget: Personal Services....................................................................................................! 4,130,394 Regular Operating Expenses .....................................................................................$ 86,052 Travel............................................................................................................................! 57,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 85,400 Equipment Purchases.................................................................................................! 15,350 Computer Charges....................................................................................................! 240,292 Real Estate Rentals..................................................................................................! 491,792 Telecommunications...................................................................................................! 73,485 Per Diem, Fees and Contracts.....................................................................-...........! 35,500 Postage..........................................................................................................................! 74.700 Total Funds Budgeted ..........................................................................................$ 5,289,965 State Funds Budgeted...........................................................................................! 5,289,965 Total Positions Budgeted 149 Authorized Motor Vehicles 1 Workers' Compensation Board Functional Budgets Pos. Total Funds State Funds Administration 134 4,823,009 ! 4,823,009 Vocational Rehabilitation Undistributed 15 466,956 ! 466,956 0 .p. ! -0; Total 149 5,289,965 $ 5,289,965 Section 43. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) ....................... ..$ 171.172.648 THURSDAY, FEBRUARY 28, 1985 1787 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) ..................................................................................$ 30,379,800 Section 44. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions of Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts. Section 45. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions of judges and employees of the Court. Section 46. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than five years of experience to attend the Judicial College. Section 47. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4. Section 48. Provisions Relative to Section 7, Institute of Continuing Judicial Education. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132. Section 49. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council. Section 50. Provisions Relative to Section 10, Department of Administrative Services. Income to the Department of Administrative Services from user agencies shall not exceed the amounts listed below for each service activity 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 appropriate object class or classes of user agency or agencies for which the Department provides service: General Services............................................................................................................! 471,198 Data Processing Service..........................................................................................! 44,186,771 Motor Pool Service....................................................................................................! 2,231,793 1788 JOURNAL OF THE HOUSE, Communication Services.........................................................................................! 33,705,483 Printing Services........................................................................................................$ 4,630,532 The State Auditor shall report any exceptions or violations of this intent in the annual financial audit of the Department of Administrative Services. The Department shall not purchase, 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. Section 51. Provisions Relative to Section 11, Department of Agriculture. From the appropriation in Section 11 (Department of Agriculture) relative to Regular Operating Expenses, $55,000 is designated and committed for livestock shows relating to research and promoting; $10,000 is designated and committed for poultry shows relating to research and promoting; and $25,000 is designated and committed for "on-farm" testing for brucellosis in cattle to be transported out of Georgia. The Department is authorized and directed to notify dairy farmers of milk-sample test results after each test. The Department of Agriculture shall not increase farmers market gate fees for Georgia farmers and no new fees shall be imposed on Georgia farmers. The Athens and Tifton Veterinary Laboratories are authorized to charge testing fees for export swine and cattle only, which fees shall be reasonable. No expenditure from the appropriation in Section 11 relating to Renovation, Construc- tion, Repairs and Maintenance Projects at Major and Minor Markets shall be made with- out prior approval of the Georgia Building Authority (Markets). Section 52. Provisions Relative to Section 16, State Board of Education Department of Education. From the appropriation in Section 16 (State Board of Edu- cation - Department of Education), $30,000 of the special education funds is designated and committed for the Houston County Board of Education for payment to the Houston County Speech and Hearing School; $30,000 is designated and committed for the Houston County Board of Education for payment to the Houston County Happy Hour School; $80,000 of the staff development funds is designated and committed to fund a State-level staff development program specifically for special education teachers 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; and $17,843,010 of the compensatory education funds is designated for a compensatory education program for students in grades three through eleven and shall be used for remedial purposes only. Each local system's compensatory education plan shall provide for a program remediating those students who have failed, or who are at risk of failing, the fourth or eighth grade Georgia Criterion Referenced Test and the tenth grade Georgia Basic Skills Test; provided, however, where a local system's compensatory education plan justifies the need, the State Board of Education may approve the usage of these funds for remedial purposes in grades one and two. Compensatory Education funds shall be distributed on the basis of the number of stu- dents in grades four, eight, and ten failing to achieve the minimum standard score on the statewide reading and mathematics test administered to all students enrolled at these grade levels. None of the State funds appropriated in Section 16 may be expended to initiate or com- mence any new program or project which would create a continuing obligation of the cur- rent funds of the State, unless such program or project has been authorized by the General Assembly. 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 bear 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 systems which do not elect to implement the full day kinder- garten program, the allotment of instructional units shall be made on the basis of one THURSDAY, FEBRUARY 28, 1985 1789 teacher and one aide for each 40 students or major fraction thereof in average daily attendance, except in the case of mentally, physically or emotionally handicapped children, the ratio shall be one teacher and one aide for 24 students or major fraction thereof in average daily membership. Provided, that of the above appropriation relative to pupil transportation, funds for mid-day transportation shall be allotted to local school systems which do not elect to implement the state funded full day kindergarten program. The initial allotment to these local systems shall be on the basis of projected miles for mid-day transportation; however, allotments shall not exceed the actual cost of mid-day transportation by the local system. State funds appropriated to local systems for classroom teacher salaries on the basis of average daily attendance in grades 1 through 7 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. For the purpose of mid-term adjustment in grades 1 through 7, additional units shall be the difference between the total earned and total allotted in those grades. No payments from funds appropriated for Maintenance and Operation, Sick and Personal Leave and Instructional Media for special education teachers shall be made prior to such teaching unit being filled. Teaching units allocated under Code Section 20-2-152 to an eligible local unit shall remain a part of that local unit's allotment until the end of the current school year in which allocated. From the appropriation in Section 16 (State Board of Education - Department of Education) for APEG Grants, it is the intent of this General Assembly that funds are included for allotment of instructional units under Code Section 20-2-157 for grades 1 and 2 at a ratio of 1:20 students in average daily attendance. Local school systems, in accordance with State Board policy, may use additional instructional units earned in grades 1 and 2 to employ either certificated or licensed instructional personnel in those grades. Funding for licensed instructional personnel shall include salaries as provided for in APEG Code Section 20-2-157(b)(2), Code Section 20-2-160 and Code Section 20-2-159. From appropriations in Section 16 (State Board of Education - Department of Education) for salaries relative to APEG Code Sections 20-2-152, 20-2-153, 20-2-157, 20-2-181, and 20-2-181(d)(2), 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. The funds appropriated in Section 16 (State Board of Education - Department of Education) for local school construction shall be used to complete the funding of those projects for which S.F.Y. 1986 entitlements were sufficient to cover eligible projects (pursuant to Code Section 20-2-250), based on a total State entitlement of $100 million for S.F.Y. 1986. Comprehensive High Schools or Vocational Schools may use funds appropriated for the High School Program for the purpose of repairing existing equipment in lieu of purchasing new equipment without prior approval of the Department of Education. Section 53. Provisions Relative to Section 18, Forestry Commission. From the Appropriation in Section 18 (Forestry Commission), $30,000 of the Ware County Grant is intended for the Southern Forest World and $60,000 is designated and committed to the Ware County Commission for the County General Fund for road maintenance. Section 54. Provisions Relative to Section 21, Office of the Governor. 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. Expenditures from this Fund shall be made in accordance with other provisions of State law and the Constitution. Not less than 95% of the appropriation in Section 21 (Office of the Governor) relative to Art Grants State Funds is designated and committed for grants to counties, cities, and non-profit organizations in the State of Georgia. 1790 JOURNAL OF THE HOUSE, Section 55. Provisions Relative to Section 23, Department of Human Resources. From the appropriation in Section 23 (Department of Human Resources), $100,000 is designated and committed to operate a hemophilia program in the metropolitan Atlanta area and to operate a hemophilia program in Augusta; further, $100,000 is designated and committed for the purchase of clotting factor for the hemophilia program. 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 Federal funds for programs other than advertising. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 61% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply: Number in Asst. Group Standards of Needs Maximum Monthly Amount 1 $ 202 $ 123 2 306 187 3 366 223 4 432 264 5 494 301 6 536 327 7 580 354 8 616 376 9 648 395 10 694 423 11 742 453 From the appropriation in Section 23 (Department of Human Resources), $3,879,000 is designated and committed for a statewide program of pre-natal and post-natal care, including all hospitals where such program or programs are providing or shall provide such care. Provided, that of the above appropriations relating to Prenatal, Postnatal, and Neonatal programs, the distribution of funds shall be on the basis of need and performance equally. From the appropriation in Section 23 (Department of Human Resources), $146,000 is designated and committed to operate the ROW Industries, Inc. From the appropriation in Section 23, the Department of Human Resources is authorized to provide treatment for eye disorders, provided that treatment for such disability cannot be obtained from other sources. 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 Warm Springs Hospital. No dentist shall be paid at a rate in excess of twenty-five dollars ($25.00) per hour for services rendered in the District Dental Clinics. From the appropriation in Section 23 (Department of Human Resources) relating to the Public Health Family Health Activity, $50,000 is designated and committed to purchase, lease or otherwise acquire or reimburse for the purchase of drugs and medical treatment of persons with cystic fibrosis over the age of 21. Funds shall be expended for 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. The Roosevelt Warm Springs Institute for Rehabilitation is authorized to use excess agency income for a repair and maintenance program. The Department of Human Resources may transfer funds from other areas of Budget Unit A to insure that rates in effect for the various Special Program Services of AFDCInstitutional Foster Care and Child Welfare-Institutional Foster Care be not less than the rates paid for such various services on June 30, 1983. Maternal and Child Health Block Grant funds above the amounts anticipated in this appropriation shall be used to improve and expand Public Health programs, with priority THURSDAY, FEBRUARY 28, 1985 1791 given to programs which address the problem of high infant mortality and/or morbidity, and not to supplant State funds in this appropriation; provided, however, that such programs not be expanded to levels which such increased Federal funding would not be sufficient to sustain in subsequent years. From the appropriation in Section 23 (Department of Human Resources), not less than $181,000 is committed for funding of the Community Cardiovascular Council StrokeScreening Program. From the appropriation in Section 23 (Department of Human Resources) relative to Troubled Children, funds unexpended for either in-state or out-of-state residential treatment for troubled children shall be allocated to the treatment of youth and adolescents who qualify for Intermediate Level Institutional Foster Care. From the appropriation in Section 23 (Department of Human Resources), $40,775 is designated and committed for a program of screening and treatment of diabetes in the Columbus area. Provided, that of the appropriation relating to Benefits for Child Care, the Department is hereby authorized to utilize existing funds for a one time emergency clothing allowance for teenage foster children not to exceed $300. 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 otherwise eligible to receive services. From the appropriation in Section 23 (Department of Human Resources) relating to Community Mental Health Centers, agency income, excluding Federal grants where prohibited, shall be expended first to cover expenses for local programs, excepting private gifts, donations and proceeds of local fund-raising activities, which shall not be required to be budgeted. Surplus funds at the end of the year in excess of 60-day collections shall revert to the State and local governments on a pro rata basis on contribution of said governments to the program. From the appropriation in Section 23 (Department of Human Resources) relating to Community Mental Retardation Residential Services, the Department is authorized to make monthly payments to service providers of no more than $392, and the Department is directed to supplant State funds with patient collections to reduce the State cost of the program. The Department shall have flexibility in the Community Mental Retardation Residential Services 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 that these residential services be available to clients residing in the community as well as those returning to their communities from institutions. The Department shall have flexibility in Supportive Living Benefits to contract with private home providers 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. No additional Youth Services group homes or community treatment centers shall be started with Federal funds without prior approval by the General Assembly of Georgia. From the appropriation in Section 23 (Department of Human Resources) relating to the Georgia Mental Health Institute, $20,000 is designated and committed for the purpose of a short-term training program in alcoholism and drug abuse. From the appropriation in Section 23 (Department of Human Resources) relating to Community Youth Services, $33,750 is designated and committed for the purpose of continuing the work experience component of the Ft. Yargo Group Home Program. From the appropriation in Section 23 (Department of Human Resources) relating to the Georgia State Foster Grandparent/Senior Companion Program, not more than $25,000 is to be expended for administrative cost of the program. Central State Hospital, Southwestern State Hospital, and Gracewood State Hospital are authorized to transfer available surplus funds of no more than $100,000 each to the Department of Offender Rehabilitation to provide appropriate security coverage for inmate labor at these Hospitals. 1792 JOURNAL OF THE HOUSE, The budgeted position counts for Gracewood State School and Hospital, Southwestern State Hospital, and Central State Hospital are the authorized position limits for the end of fiscal year 1986. Section 56. Provisions Relative to Section 24, Department of Industry and Trade. From the appropriation in Section 24 (Department of Industry and Trade) relative to advertising, $12,000 is designated and committed for brochures promoting Georgia's agriculture, for distribution at Welcome Centers. To the greatest extent feasible, the Georgia Ports Authority shall utilize surplus funds for payments to bond trustees for unmatured issues. Section 57. Provisions Relative to Section 25, Department of Labor. It is the intent of this General Assembly that all state agencies involved in building inspections, including the Department of Labor, coordinate their activities to avoid inefficiencies or duplication of effort, and further, that the Office of Planning and Budget make a report to the relevant legislative committees concerning the need to concentrate responsibility for all building inspections, including the inspection of elevators and boilers, in a single State agency. Section 58. Provisions Relative to Section 27, Department of Medical Assis tance. Any reserve created by the State Auditor for the payment of Medicaid Benefits can be expended and otherwise treated for accounting purposes for Payments to Counties for Mental Health. Section 59. Provisions Relative to Section 28, Merit System of Personnel Administration. The employer contribution paid by the State for Teachers' Health Insurance shall be for State-allotted teachers and that the base for this payment shall be the eligible salary for teachers according to the Teacher Salary Index, before the assign- ment of Required Local Effort. The Department is authorized to assess no more than $111.39 per merit system bud- geted position for the cost of departmental operations. It is the intent of this General Assembly that the employer contribution rate for health insurance for State Fiscal Year 1986 shall not exceed five and seventy-five one hundredths percent (5.75%). Section 60. Provisions Relative to Section 29, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 29 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 29. From the appropriation in Section 29 (Department of Natural Resources) relative to Water and Sewer Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type projects, and $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. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources. To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 29, the Department of Natural 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. Section 61. Provisions Relative to Section 30, Department of Offender Rehabilitation. Funds appropriated for county subsidy may be used either to supplement or supplant county funds, at the option of each county. THURSDAY, FEBRUARY 28, 1985 1793 From the appropriation in Section 30 (Department of Offender Rehabilitation) relating to county workcamp construction, the State shall provide funding for no more than 50% of the total construction cost of any project. With respect to the Legal Services Program for inmates, lawyers, law students and/or employees are prohibited from soliciting for filing of writs. The Department shall not start any new community center programs with Federal funds without the prior approval of the General Assembly of Georgia. Section 62. Provisions Relative to Section 31, Department of Public Safety. From the appropriation in Section 31 (Department of Public Safety) for Conviction Reports, payment is not to exceed $.25 per conviction report. To the extent that Federal funds are realized in excess of the amounts of such funds contemplated in the Georgia Peace Officers and Training Activity of Section 31, the Office of Planning and Budget is authorized and directed to supplant State funds appropriated herein. Such supplantation shall not be implemented if doing so would cause any portion of the anticipated Federal funds not to be realized. This provision shall not apply to project grants. For the purpose of purchasing police pursuit motor vehicles, the Department of Public Safety is hereinafter authorized to develop and establish specifications for said purchases of police pursuit vehicles when such purchases are made by the State of Georgia or otherwise placed a part of a State of Georgia contract. The development of said specifications shall be submitted to the Purchasing Division of the Department of Administrative Services by November 1 of each year. 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 63. Provisions Relative to Section 34, Regents, University System of Georgia. 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 System. No funds realized by the State Board of Regents of the University System or by 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. Revenue from student fees that exceeds the original budget estimates of student fees by $2,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Subcommittees of the House and Senate; provided, however, that student fee revenue derived from increased rates authorized by the State Board of Regents shall not be subject to this limitation. Revenue from sales and services shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income. The 1 Vi % Personal Services continuation factor incorporated into the Resident Instruction appropriation in Section 34 (Regents, University System of Georgia) shall be utilized to provide 2 Vi % merit-type increases. The Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment Purchases without approval of the Office of Planning and Budget or the Fiscal Affairs Subcommittees. The payment of Grants to Junior Colleges shall be based on a rate of $796 per EFT student, and 50 quarter credit hours shall be used in the calculation of an equivalent fulltime student. Section 64. Provisions Relative to Section 35, Department of Revenue. From the appropriation in Section 35 (Department of Revenue) relating to motor vehicle tag purchases, $1,433,600 is designated and committed for the sole purpose of contracting 1794 JOURNAL OF THE HOUSE, for the production of at least 1,120,000 motor vehicle tags and may be used for partial, advance payment during tag production. Section 65. Provisions Relative to Section 37. From the appropriation in Section 37 relative to Educational Loans, an amount not to exceed $14,000 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. Designated Totals for Guaranteed Educational Loans: (Cancellable Loans) A) Students in paramedical and other professional and educational fields of study: Not less than $1,435,000 B) Eligible members of the Georgia National Guard: Not to exceed $100,000 C) Teachers seeking special education training: Not to exceed $225,000 D) Students who are to become agricultural teachers: Not to exceed $30,000 E) Students who are to become mathematics or science teachers: Not to exceed $300,000 The appropriation in Section 37 relative to Tuition Equalization Grants provides for payment of grants of $775 per academic year and for payment of grants for the summer school quarter or semester to undergraduate students attending colleges as provided for in Code Sections 20-3-410 through 20-3-416. Section 66. Provisions Relative to Section 40, Department of Transporta tion. In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services. Grants to Counties for aid in county road construction and maintenance shall be distributed and disbursed to each county of the State by the Fiscal Division of the Department of Administrative Services in the same proportion as each county's total public road mileage bears to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation. Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years subject to the approval by the Office of Planning and Budget. Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 40 of this Bill. Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. Grants to Municipalities shall be in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458) as amended (Code Sections 36-40-41 through 36-40-46), and shall be distributed and disbursed on a quarterly basis, such payments to be made on the last day of each quarter. Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air-transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. Of the above appropriation $800,000 is designated and committed for preliminary engineering, location, environmental and traffic studies, and mapping for the Fall Line Freeway. THURSDAY, FEBRUARY 28, 1985 1795 Of the above appropriation $200,000 is designated and committed for preliminary engineering, location, environmental and traffic studies, and mapping for the Golden Isles Parkway. State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia. Section 67. In addition to all other appropriations for the State fiscal year ending June 30, 1986, there is hereby appropriated $3,132,482 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $7,967,102 for the purpose of providing operating funds for the State physical health laboratories ($135,000 Budget Unit "A") and for State mental health/mental retardation institutions ($7,832,102 Budget Unit "C") in the Department of Human Resources. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets on a quarterly basis in amounts equal to those of departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 68. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund. Section 69. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor. Section 70. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and 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 State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner. The State Auditor shall make the utilization of State motor vehicles a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly. Section 71. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section. 1796 JOURNAL OF THE HOUSE, Section 72. 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 and function contained in this Appropriations Act. Section 73. 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 74. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 75. 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 facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly. Section 76. 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 institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. 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 77. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1985 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 of the Executive Branch between objects, functional budgets, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be so transferred between objects without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each Executive Branch budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendations by the Governor THURSDAY, FEBRUARY 28, 1985 1797 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 78. 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 with the Budget Unit, and shall supersede the object classification shown in the Governor's Budget Report. For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget. Section 79. 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 80. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless reappropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act. Section 81. 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 foregoing Sections of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amount so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State. Section 82. Cost-of-Living Increases. In addition to all other appropriations for the State fiscal year ending June 30, 1986, there is hereby appropriated $238,582,477 for the purposes described herein: 1) An increase of 7% for full-time employees of the Executive, Judicial and Legislative branches of State government, effective July 1, 1985; 2) For an increase from $14,329 to $16,000 for the T-4 entrance level and a restructuring of the teacher salary schedule, 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, 1985; 3) For school bus drivers and lunchroom workers a 7% increase to be effective July 1, 1985; 4) For University System employees, a 7% salary increase to be effective September 1, 1985 for academic contracted personnel; 5) A 7% salary increase, effective July 1, 1985, 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; 6) An increase of 7% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as authorized in said act, Code Section 45-7-4. Provided, further, that no funds shall be transferred from this section without prior review and approval by the Legislative Budget Office. 1798 JOURNAL OF THE HOUSE, Section 83. Provisions Relative to Section 43, State of Georgia General Obligation Debt Sinking Fund. Provided, that from the amount appropriated for the State of Georgia General Obligation Debt Sinking Fund, the amount as shown for the specific projects is specifically appropriated for the purpose shown through the issuance of not more than the amount listed in principal amount of General Obligation Debt: Project Principal Amount Debt Service Local Schools (Includes Public Libraries) $ 109,413,881 $ 13,129,800 Amicalola State Park $ 6,500,000 $ 780,000 Renovations, Construction and Equipping of University System's Buildings $ 39,250,000 $ 4,710,000 Micro-electronics Center $ 15,000,000 $ 3,900,000 Dike Construction $ 3,000,000 $ 780,000 Road Repair and Construction (LARP) $ 20,000,000 $ 2,400,000 Correctional Institutions $ 39,000,000 $ 4,680,000 Section 84. TOTAL STATE FUND APPROPRIATIONS State F.Y. 1986...................................................................................................$ 4,838,000,000. Section 85. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 86. All laws and parts of laws in conflict with this Act are repealed. Representative McDonald of the 12th moved that the House disagree to the Senate substitute to HB 226. The motion prevailed. HB 542. By: Representative Chambless of the 133rd: A BILL to amend Code Section 36-15-9 of the Official Code of Georgia Annotated, relating to collection of costs for law libraries, so as to authorize such costs in any corporate, police, recorder's, or mayor's court of a municipality under certain conditions; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 36-15-9 of the Official Code of Georgia Annotated, relating to collection of costs for law libraries, so as to authorize such costs in any corporate, police, recorder's, or mayor's court of a municipality under certain conditions; to authorize additional costs for law libraries in certain counties under specified conditions; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 28, 1985 1799 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 36-15-9 of the Official Code of Georgia Annotated, relating to collection of costs for law libraries, is amended by adding at the end thereof new subsections (e) and (f) to read as follows: "(e) Notwithstanding that provision of subsection (a) of this Code section which excepts recorder's and police courts from the requirement of charging and collecting the additional costs provided for by that subsection (a), subsections (a) and (b) of this Code section shall apply to any corporate, police, recorder's, or mayor's court of a municipality if the governing authority thereof, by ordinance or resolutions, approves the charging and collecting of such costs pursuant to subsections (a) and (b) of this Code section. (f) If the chief judge of the superior court for the circuit in which lies a county having a law library determines that a need exists for additional funding of that county's law library, that judge may authorize an amount not to exceed $1.00, in addition to the amount authorized under subsection (a) of this Code section, to be charged and collected in each action or case in that county under the same terms and conditions for the collection of those costs for actions and cases under subsections (a) and (b) of this Code section, except that such judge shall not be required to determine that a need exists for a law library in a county already having such library." Section 2. All laws and parts of laws in conflict with this Act are repealed. Representative Chambless of the 133rd moved that the House disagree to the Senate substitute to HB 542. The motion prevailed. HB 45. By: Representative Lane of the 27th: A BILL to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, so as to prohibit any person, firm, or corporation from selling, transferring, or conveying a salvage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title; and for other purposes. The following Senate substitute was read: A BILL To amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, so as to require the registered owner of certain damaged motor vehicles or insurance companies which acquire such motor vehicles to mail or deliver the certificate of title to the commissioner for cancellation; to prohibit any person, firm, or corporation from selling, transferring, or conveying a salvage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title; to authorize the Insurance Commissioner to enforce against insurers certain provisions relative to salvage motor vehicles and to cooperate with and assist the commissioner in enforcing provisions relative to salvage motor vehicles; to make certain conduct relative to salvage motor vehicles unlawful; to provide a penalty; to require the commissioner to notify the Georgia Bureau of Investigation upon the receipt of an application for a certificate of title for a motor vehicle for which the current out-of-state certificate of title is marked "salvage," "rebuilt," or "restored," or any similar such phrase; to require such motor vehicles to be inspected; to require a certificate of title marked "salvage" or "rebuilt" to be issued in certain situations; to provide for other matters relative to the foregoing; to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to specifically authorize certain transactions by insurance companies; to provide that certain activity relative to salvage motor vehicles shall be unfair methods of competition and unfair and deceptive trade practices; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. 1800 JOURNAL OF THE HOUSE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, is amended by striking Code Section 40-3-35, relating to salvage motor vehicles, and inserting in lieu thereof a new Code Section 40-3-35 to read as follows: "40-3-35. (a) (1) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any motor vehicle as scrap metal or parts only or who scraps, dismantles, or demolishes a motor vehicle shall within 72 hours mail or deliver the certificate of title to the commissioner for cancellation. (2) The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of the front clip assembly, which includes the fenders, grill, hood, and bumper; the rear clip assembly, which includes the quarter panels and the floor panel assembly; the top assembly, excluding a soft top; the frame; and a complete side, which includes the fenders, door, and quarter panel or any insurance company which acquires such damaged motor vehicle by virtue of having paid a total loss claim shall mail or deliver the certificate of title to the commissioner for cancellation. (b) Any Except as provided in subsection (a) of this Code section, any person, firm, or corporation which purchases or otherwise acquires a salvage motor vehicle shall apply to the commissioner for a salvage certificate of title for such motor vehicle within 15 days of the purchase or acquisition of the motor vehicle or within 15 days of the payment of a total loss claim to the registered owner of the salvage motor vehicle, if the person, firm, or corporation intends to operate or to sel!2 convey, or transfer the motor vehicle] and no such person, firm, or corporation shall sell, transfer, or convey a salvage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title. (c) The application for a salvage certificate of title shall be made in a manner to be prescribed by the commissioner. (d) Any certificate of title which is issued to a salvage motor vehicle, as provided for in this subsection, shall contain the word 'salvage' on the face of the certificate in such a manner as the commissioner may prescribe, so as to indicate clearly that the motor vehicle described is a salvage motor vehicle. (e) Notwithstanding this subsection and subsections (c) and (d) of Code Section 40-3-35.1, the legend 'rebuilt' or 'salvage' shall only be required to be plated on the certificate of title to a vehicle which was declared a salvage vehicle on or after July 1, 1979, and which was subsequently rebuilt. (f) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant thereto, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative THURSDAY, FEBRUARY 28, 1985 1801 with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto. (g) The Insurance Commissioner is authorized to enforce the provisions of this Code section to the extent such provisions are applicable to insurers which are under the jurisdiction of the Insurance Department. The Insurance Commissioner is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commissioner with any information acquired by the Insurance Commissioner during any investigation or proceeding involving this Code section. Nothing in this subsection shall be construed to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers. (h) It shall be unlawful for any person, firm, or corporation to violate the provisions of subsection (a), (b), or {c) of this Code section; and any person, firm, or corporation convicted of violating such provisions shall be guilty of a misdemeanor." Section 2. Said article is further amended by striking in its entirety Code Section 40-3-35.1, relating to certificates of title for salvaged and rebuilt motor vehicles, which reads as follows: "40-3-35.1. (a) Upon the receipt of an application for a certificate of title for a motor vehicle for which the current certificate of title is marked 'salvage' pursuant to subsection (e) of Code Section 40-3-35 and which has been repaired, the commissioner shall immediately notify the Georgia Bureau of Investigation of such application. (b) (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 permanently 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 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 subsequent inspection. The Georgia Bureau of Investigation shall promptly notify the commissioner of the results of each inspection. (2) If, upon inspection by the Georgia Bureau of Investigation, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached. (c) (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 conspicuous manner to the door post or such other location as the commissioner 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 shall only apply to motor vehicles restored after November 1, 1982. (2) Upon inspection by the Georgia Bureau of Investigation, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major components changed, a certificate of title may be issued. 1802 JOURNAL OF THE HOUSE, (d) Any person, firm, or corporation who rebuilds or repairs a motor vehicle whose current certificate of title is marked 'salvage' shall make application for and obtain a certificate of title as provided in this Code section prior to the sale or transfer of said motor vehicle.", and inserting in lieu thereof a new Code Section 40-3-35.1 to read as follows: "40-3-35.1. (a) (1) Upon the receipt of an application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked 'salvage' pursuant to subsection (e) of Code Section 40-3-35 and which has been repaired, the commissioner shall immediately notify the Georgia Bureau of Investigation of such application. (2) Upon the receipt of an application for a certificate of title for a motor vehicle for which a current out-of-state certificate of title is marked 'salvage,' 'rebuilt,' or 'restored,' or any similar such phrase, the commissioner shall immediately notify the Georgia Bureau of Investigation of such application. (3) Upon the receipt of an application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked 'salvage' pursuant to subsection (e) of Code Section 40-3-35 and for which the transferee is anyone other than a licensed dealer as defined in Code Section 43-48-2, the commissioner shall immediately notify the Georgia Bureau of Investigation of such application. (b) (1) Upon receipt of such notification from the commissioner, the Georgia Bureau of Investigation shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The initial 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 permanently affixed as required by subsec- tion (c) of this Code section, and, if the vehicle has been repaired, verification that the motor vehicle conforms to all safety equipment standards required by law. The Georgia Bureau of Investigation shall be authorized to charge a fee of $50.00 for each initial inspection of each motor vehicle inspected. In the event a third or subsequent reinspection 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 subsequent reinspection. The Georgia Bureau of Investigation shall conduct an initial inspection and any required reinspections upon notification of an application for a certificate of title under any circumstance specified in subsection (a) of this Code section even though the motor vehicle may have been previously inspected under this Code section. The Georgia Bureau of Investigation shall promptly notify the commissioner of the results of each inspection. (2) If, upon inspection by the Georgia Bureau of Investigation, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached. (c) (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. Upon inspection by the Georgia Bureau of Investigation, 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, a certificate of title may be issued for such motor vehicle which shall contain the word 'salvage' 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 salvage motor vehi- cle. (B) If it is determined that the motor vehicle required or 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 or owning 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 THURSDAY, FEBRUARY 28, 1985 1803 word 'rebuilt' shall be affixed in a clear and conspicuous manner to the door post or such other location as the commissioner 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 shall only apply to motor vehicles restored after November 1, 1982. (2) Upon inspection by the Georgia Bureau of Investigation and compliance with paragraph (2) of subsection (b) of this Code section, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major components changed, a certificate of title may be issued. (d) Any person, firm, or corporation who rebuilds or repairs a motor vehicle whose current certificate of title is marked 'salvage' shall make application for and obtain a certificate of title as provided in this Code section prior to the sale or transfer of said motor vehicle." Section 3. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking paragraphs (8) and (9) of Code Section 33-6-5, relating to unfair methods of competition and unfair and deceptive trade practices, and inserting in lieu thereof new paragraphs (8), (9), and (10) to read as follows: "(8) No insurance company shall cancel, modify coverage, refuse to issue, or refuse to renew any property or casualty insurance policy solely because the applicant or insured or any employee of either is mentally or physically impaired, provided that this paragraph shall not apply to accident and sickness insurance policies sold by a casualty insurer; provided, further, that this paragraph shall not be interpreted to modify any other provision of this title relating to the cancellation, modification, issuance, or renewal of any insurance policy or contract; and (9) No insurance company, when selling salvage motor vehicles, major component parts, or parts, shall sell directly to a used motor vehicle parts dealer, motor vehicle dismantler, motor vehicle rebuilder, salvage pool dealer, or salvage dealer who is not licensed under Chapter 48 of Title 43v j provided, however, this paragraph shall not prevent an insurance company from selling salvage motor vehicles, major component parts, or parts to any person, firm, or corporation when the sale is made through a used motor vehicle parts dealer, motor vehicle dismantler, motor vehicle rebuilder, salvage pool dealer, or salvage dealer who is licensed under Chapter 48 of Title 43; and (10) Each insurer which acquires a salvage motor vehicle, as defined in Code Section 40-3-2, shall, within 15 days of acquisition, apply for a salvage certificate of title, and no insurer shall sell, convey, or transfer any such salvage motor vehicle without first applying for and obtaining a salvage certificate of title." Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Jackson of the 9th moved that the House agree to the Senate substitute to HB 45. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams.G YAdams,M YAiken Y Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey YBalkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M Y Beck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Bostick Y Branch Y Bray Brooks Y Brown.G Y Brown,J Y Buck Y Burruss Byrd Y Carter Chambless Chance Cheeks Y Childers Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Colwell Y Connell Cooper Y Copelan Y Couch Y Cox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Diion Y Dobbs Y Dover Dunn Y Edwards Y Evans Felton Foster Y Galer Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Manner Y Hasty Hays Y Heard Y Hill Y Holcomb 1804 JOURNAL OF THE HOUSE, Holmes Hooks Home Hudson Y Isakson Y Jackson.J Y Jackson.N Y Jamieson Johnson,D Y Johnson.F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston Y Lane.D Y Lane.R Lawler Y Lawrence Y Lawson Lee.C Y Lee,W Y Linder Y Logan YLong YLord Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Y Milam N Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Mueller Y Oliver.C 01iver,D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding On the motion, the ayes were 135, nays 1. The motion prevailed. Richardson Y Robinson.C Y Robinson.P YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Sizemore Y Smith.L Y Smith,? Y Smith.T YSmyre Y Stancil Steinberg Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Y Ware Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy.Spkr HB 635. By: Representatives Maddox of the 7th, Pettit of the 19th, and Childers of the 15th: A BILL to amend an Act providing a supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, so as to change the supplementary compensation to be paid to each judge of the superior courts of the Cherokee Judicial Circuit; and for other purposes. The following Senate substitute was read: A BILL To amend an Act providing a supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, approved March 22, 1963 (Ga. L. 1963, p. 182), as amended, so as to change the supplementary compensation to be paid to each judge of the superior courts of the Cherokee Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, approved March 22, 1963 (Ga. L. 1963, p. 182), as amended, is amended by striking from Section 9 of said Act the following: "The judge of the Superior Court of the Cherokee Judicial Circuit shall receive in addition to the compensation and allowances paid to the judges of the superior courts in this State, the sum of two thousand dollars ($2,000.00) per annum, payable monthly.", and inserting in its place the following: "The judges of the Superior Court of the Cherokee Judicial Circuit shall receive in addition to the compensation and allowances paid to the judges of the superior courts in this state, the sum of $7,500.00 per annum, payable monthly." 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. Representative Maddox of the 7th moved that the House agree to the Senate substitute to HB 635. On the motion, the roll call was ordered and the vote was as follows: THURSDAY, FEBRUARY 28, 1985 Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Alien Anderson Y Argo Y Athon Y Atkins YAuten Y Bailey Balkcom Y Bannister Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Bostick Y Branch Bray Y Brooks Y Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Chambless Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark.L Y Colbert Y Coleman Colwell Y Connell Cooper Y Copelan Y Couch Cox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Dunn Y Edwards Y Evans Felton Foster Y Galer YGodbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Manner Y Hasty Hays Y Heard YHill Y Holcomb Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Johnson,D Y Johnson,F Y Johnson,R Y Johnson ,S Kilgore Y Kingston Y Lane,D Y Lane,R Lawler Y Lawrence Y Lawson Lee.C Y Lee.W Y Under Y Logan YLong Lord Lucas Y Lupton Y Maddox Mangum Y Martin.C Y Martin,J Matthews Y McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Moultrie Mueller Y Oliver.C Oliver.D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V Randall Y Ransom YRay Reaves Y Redding Y Richardson Robinson.C Y Robinson,P YRoss Y Royal Y Russell On the motion, the ayes were 132, nays 0. The motion prevailed. 1805 Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smyre Y Stancil Steinberg Thomas.C Y Thomss.M Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy ,Spkr Representative Pettit of the 19th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 431. By: Representatives Balkcom of the 140th, Royal of the 144th, Sherrod of the 143rd, Hooks of the 116th, Crawford of the 5th, and others: A BILL to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel taxation, so as to remove current provisions relating to liability for taxes on fuel sold to ultimate consumers who have both highway and nonhighway uses for such fuel; to make new provisions for liability for taxes on fuel delivered to purchasers who have storage receptacles with certain withdrawal outlets; and for other purposes. The following Senate substitute was read: A BILL To amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel taxation, so as to remove current provisions relating to liability for taxes on certain fuels sold to ultimate consumers who have both highway and nonhighway uses for such fuels; to make new provisions for liability for taxes on such fuels delivered to purchasers who have storage receptacles with certain withdrawal outlets; to authorize the state revenue commissioner to waive record keeping requirements with respect to fuel sales which do not exceed a certain volume; to provide for related matters; to repeal conflicting laws; and for other purposes. 1806 JOURNAL OF THE HOUSE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel taxation, is amended by striking subparagraph (b) (7) (B) of Code Section 48-9-3, relating to levying of motor fuel taxes, and inserting in its place a new subparagraph to read as follows: "(B) (i) In instances where a sale of fuel site; compressed petroleum gas7 er special fuel has been made to an ultimate consumer who has both highway and nonhighway use of that type of motor fuel and no tax has been paid by the distributor on the sale, the consumer shall become licensed as a consumer distributor of that type of motor fuel. After the consumer is licensed as a consumer distributor and if it is demonstrated to the satisfaction of the commissioner that the motor fuel purchased prior to the licensee's becoming licensed as a consumer distributor was used for nonhighway purposes, such sales shall be exempt from the tax imposed by this article; provided, however, that, if at the time of demonstration the ultimate consumer does not have both highway and nonhighway use of such fuel but it can be demonstrated by the distributor to the satisfaction of the commissioner that the motor fuel was used for nonhighway purposes, the sales shall be exempt from the tax imposed by this article; w and (ii) (I) Any fuel oils or special fuel sold by a distributor to a purchaser who has a storage receptacle for such fuel oils or special fuel which has a connection to a withdrawal outlet that may be used to place such motor fuel in the running tank or power cell of a motor vehicle designed for use on the public highways or in equipment used on or for the purpose of construction, reconstruction, maintenance, or repair of a public highway is not exempt from the taxes imposed by this article unless the purchaser is at the time of sale a valid licensed distributor of that type of motor fuel or an affidavit has been obtained from the purchaser on forms furnished by the Department of Revenue showing that the purchaser has no highway use of such fuels or is a reseller of such fuels. Each affidavit shall be valid for a period of not more than one year from the date of execution and a copy of the affidavit must be received by the Department of Revenue within ten working days from the date of execution. It shall be the responsibility of the purchaser to notify the distributor when he is no longer qualified for the nonhighway exemption. It shall be the duty of the distributor to rescind, by a writing directed to the commissioner, any affidavit submitted if at any time the purchaser notifies the distributor that he is not qualified for the nonhighway exemption or the distributor becomes aware that the purchaser is no longer so qualified. All applicable taxes must be charged the purchaser until the purchaser is granted a valid distributor's license for that type of motor fuel. (II) Any such purchaser granted an exemption under subdivision (I) of this division who falsely claims the exemption or fails to rescind his affidavit to his distributor in writing when he is no longer eligible for the exemption shall be deemed a distributor for purposes of taxation and is subject to all provisions of this article relating to distributors. This division in no way shall restrict the option of the purchaser to become licensed as a distributor. If the distributor sells fuel oils or special fuel to a purchaser who has a storage receptacle for such fuel oils or special fuel which has a connection to a withdrawal outlet that may be used to place such motor fuel in the running tank or power cell of a motor vehicle designed for use on the public highways or in equipment used on or for the purpose of construction, reconstruction, maintenance, or repair of a public highway and the purchaser is not a valid licensed distributor and has not executed a valid signed affidavit, the taxes imposed by this article are due from the distributor and not the purchaser on all sales of that type of fuel to that purchaser; or" Section 2. Said article is further amended by striking paragraph (8) of subsection (a) of Code Section 48-9-12, relating to powers of the state revenue commissioner with respect to motor fuel taxation, and inserting in its place a new paragraph to read as follows: THURSDAY, FEBRUARY 28, 1985 1807 "(8) Waive the bond and the report required of a licensed distributor of fuel oils, compressed petroleum gas, or special fuel if the distributor has no taxable sales of the fuel and his receipts do not exceed 12,000 gallons per year and with respect to such distributors waive requirements for record keeping on sales that do not exceed 25 gallons in one transaction;". Section 3. All laws and parts of laws in conflict with this Act are repealed. Representative Balkcom of the 140th moved that the House agree to the Senate substitute to HB 431. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,M Y Aiken Y Alford Y Alien Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Chambless Chance Y Cheeks Y Childers Childs Clark,B Y Clark.L Y Colbert Y Coleman Colwell Y Connell Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon YDobbs Y Dover Dunn Y Edwards Y Evans Felton Y Foster YGaler YGodbee YGoodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks Y Home Y Hudson YIsakson Y Jackson,J Jackson.N Y Jamieson Johnson,D Y Johnson.F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Lane,D Y Lane,R Lawler Y Lawrence Y Lawson YLee,C YLee.W Y Linder YLogan Long YLord Y Lucas Y Lupton Y Maddox Y Mangum Martin.C Y Martin,J Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Mueller Y Oliver.C Oliver.D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Pettit Y Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Redding Y Richardson Y Robinson.C Y Robinson,P YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T YSmyre Y Stancil Steinberg Thomas.C Thomas,M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Wilder Y WilHams,B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr On the motion, the ayes were 142, nays 0. The motion prevailed. Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report: Mr. Speaker: Your Committee on Health & Ecology has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 154 Do Pass, as Amended Respectfully submitted, Childers of the 15th Chairman 1808 JOURNAL OF THE HOUSE, V Representative Daugherty of the 33rd District, Chairman of the Committee on Special j Judiciary, submitted the following report: Mr. Speaker: Your Committee on Special Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 135 Do Pass SB 210 Do Pass SB 234 Do Pass, as Amended SB 240 Do Pass Respectfully submitted, Daugherty of the 33rd Chairman Representative Thomas of the 31st arose to a point of personal privilege and addressed the House. The following Resolution of the House was read and referred to the Committee on Rules: HR 327. By: Representative Murphy of the 18th: A RESOLUTION recognizing the ' twenty-fifth anniversary of the Bobby Dodd Center and inviting Coach ; Bobby Dodd to appear before the House of Representatives at a date and time specified by the Speaker; 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 14. By: Representative Bolster of the 30th: A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that when a youth in the custody of the Division of Youth Services is tried as an adult and convicted of a felony, such youth shall no longer be subject to the jurisdiction and custody of the Division of Youth Services; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time: SB 185. By: Senators English of the 21st, Gillis of the 20th, and Ray of the 19th: A BILL to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants with respect to postsecondary education, so as to revise comprehensively the provisions relat- ; ing to grants for attendance at colleges of osteopathic medicine; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: THURSDAY, FEBRUARY 28, 1985 1809 Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderaon Y Argo Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield Benn Birdsong Bishop Bolster Y Bostick Branch YBray Brooks Y Brown.G Y Brown,J YBuck Y Burruss Byrd Y Carter Chambless Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark,L Y Colbert Y Coleman Colwell Y Connell Cooper Y Copelan Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover YDunn Y Edwards Y Evans Felton Y Foster YGaler YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Hasty YHays Heard YHill Y Holcomb Holmes Y Hooks Horne Y Hudson Y Isakson Y Jackson,J Jackson.N Y Jamieson Johnson.D Y Johnson,F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston Y Lane.D Y Lane,R Lawler Y Lawrence Y Lawson YLee,C YLee.W Y Linder Y Logan YLong YLord Y Lucas Y Lupton Maddox Y Mangum Y Martin.C Y Martin,J Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Moody Y Moore Y Mortal Y Mostiler Y Moultrie Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Peters Pettit Phillips Y Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,P YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Smith.P Smith.T YSmyre Y Stancil Steinberg Thomas.C Thomas, M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Wall YWare Y Watson Watts White Y Wilder Y Williams.B Y Williams,J Y WiUiams,R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy.Spkr On the passage of the Bill, the ayes were 133, nays 0. The Bill, having received the requisite constitutional majority, was passed. SR 176. By: Senator Bryant of the 3rd: A RESOLUTION authorizing the Georgia Department of Defense and the Georgia Department of Veterans Service to design and strike the Georgia Medal of Honor; 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 Y Adams.G Y Adams.M Aiken Y Alford Alien Y Anderson YArgo Y Athon Y Atkins Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Bostick Branch YBray Brooks Y Brown,G Y Brown,J YBuck Y Burruss Byrd Y Carter Chambless Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark,L Y Colbert Y Coleman Colwell Y Connell Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Evans Felton Y Foster YGaler YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Hasty Hays Y Heard YHill Y Holcomb Y Holmes Y Hooks Horne Y Hudson Ylsakson Y Jackson,J Jackson.N Y Jamieson Johnson,D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane.D Y Lane.R Lawler Lawrence Y Lawson YLee.C YLee.W Y Linder Logan YLong Lord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C 1810 JOURNAL OF THE HOUSE, Y Martin.J Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Mueller Y Oliver.C Y 01iver,D Y Padgett Y PanneU Y Parham YParrish Y Patten Peters Pettit Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom Ray Y Reaves Y Redding Y Richardson Y Robinson,C Y Robinson.P YRoss Y Royal YRusseU YSelman YShepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith,T Y Smyre Y Stancil Steinberg Thomas.C Thomas.M Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts White Wilder Y Williams,B Y WiUiams,J Y Williams.R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy,Spkr On the adoption of the Resolution, the ayes were 134, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. Representative Hays of the 1st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. SB 139. By: Senator Engram of the 34th: A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to authorize the use of premises in nursing homes as barbershops and beauty shops for residents of such nursing homes without those premises being required to be licensed or registered as barbershops or beauty shops; and for other purposes. The following amendments were read and adopted: The Committee on Health and Ecology moves to amend SB 139 by striking from line 6 of page 1 the following: "to authorize". By striking lines 7 through 9 of page 1. By striking from line 10 of page 1 the following: "cosmetologists;" By striking the colons from line 18 of page 1 and line 9 of page 2 and inserting in their place a comma. By striking from line 19 of page 1 the following: "(1)". By striking from line 25 of page 1 the following: "; and", and inserting in its place the following: By striking lines 26 and 27 of page 1 and lines 1 through 4 of page 2. By striking from line 10 of page 2 the following: "(1)". By striking on line 16 of page 2 the following: THURSDAY, FEBRUARY 28, 1985 1811 "; and", and inserting in its place the following: By striking lines 17 through 23 of page 2. Representative Selman of the 32nd moves to amend SB 139 by adding on line 6 of page 1 after the following: "registered", the following: "or being otherwise subject to certain regulation". By adding on line 23 of page 1 and on line 14 of page 2 after the following: "chapter", the following: ", or otherwise be subject to any provisions of this chapter except for inspections, investigations, or both, for alleged violations of this chapter by any person licensed under this chapter,". 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.M Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Barnett,M YBeck Y Benefield YBenn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G Y Brown,J YBuck Y Burruss Byrd Y Carter Chambless Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Cohvell Y Connell Cooper Y Copelan Y Couch YCoi Crawford Y Crosby Y Cummings Daugherty YDavis Dean Y Diion YDobbs Y Dover Y Dunn Y Edwards Y Evans Felton Y Poster Y Galer YGodbee YGoodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson YIsakson Y Jackson,J Jackson,N Jamieson Y Johnson.D Y Johnson,F Y Johnson.R Y Johnson.S Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Lawler Y Lawrence Y Lawson YLee,C YLee.W Y Linder YLogan YLong Lord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Pettit Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith.T YSmyre Y Stancil Stein berg Y Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Williams.R Y Wilson Y Wood Workman Y Yeargin Young Murphy.Spkr 1812 JOURNAL OF THE HOUSE, On the passage of the Bill, as amended, the ayes were 150, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 202. By: Senators Bryant of the 3rd, Kennedy of the 4th, and Perry of the 7th: A BILL to amend Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, so as to change the name of the Georgia State Guard to State Defense Force; and for other purposes. 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.M Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Bamett,B Y Bainett.M YBeck Y Benefleld YBenn Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Brooks Y Brown.G Y Brown,J Buck Y Burruss Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark,L Y Colbert N Coleman Y Colwell Y Connell Cooper YCopelan Y Couch YCoi Y Crawford Y Crosby Y Cummings Daugherty YDavis Dean Y Diion YDobbs Y Dover Y Dunn Y Edwards Y Evans Felton Y Foster YGaler YGodbee Y Goodwin YGreene Greer Y Groover Y Hamilton YHanner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Ylsakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston YLane,D YLane.R Y Lawler Lawrence YLawson YLee.C YLee,W Y Linder Logan YLong Lord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Matthews Y McDonald Y McKelvey Y McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Oliver,D Y Padgett V Pannell YParham Y Parrish Patten Y Peters Y Pettit Phillips Pinkston Porter YRainey Y Ramsey,T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson,C Y Robinson.P YRoss Y Royal Y Russell On the passage of the Bill, the ayes were 146, nays 2. The Bill, having received the requisite constitutional majority, was Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith.P Y Smith.T YSmyre Y Stancil Steinberg Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker,L N Wall Y Ware Y Watson Y Watts White Wilder Y Williams,B Y William8,J Y Williams.R Y Wilson Y Wood Workman Y Yeargin Young Murphy ,Spkr The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 609. By: Representatives Dover of the llth and Jamieson of the llth: A BILL to amend an Act creating the office of tax commissioner of White County, so as to change the compensation of the tax commissioner; and for other purposes. The following Senate substitute was read: THURSDAY, FEBRUARY 28, 1985 1813 A BILL To amend an Act creating the office of tax commissioner of White County, approved February 23, 1945 (Ga. L. 1945, p. 720), as amended, particularly by an Act approved March 19, 1984 (Ga. L. 1984, p. 4381), so as to change the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the office of tax commissioner of White County, approved February 23, 1945 (Ga. L. 1945, p. 720), as amended, particularly by an Act approved March 19, 1984 (Ga. L. 1984, p. 4381), is amended by striking Section 5 and inserting in lieu thereof a new Section 5 to read as follows: "Section 5. (a) The tax commissioner of White County shall receive an annual salary in the amount provided for in Code Section 48-5-183 of the O.C.G.A., payable in equal monthly installments or payable twice monthly in equal installments, at the discretion of the governing authority of White County, from county funds. (b) (1) In addition to the annual salary provided in subsection (a) of this section, the tax commissioner shall receive $2,407.00 per annum for his services as deputy registrar; and such amount shall be paid from county funds at the same time and in the same manner as the annual salary provided in subsection (a) of this section. (2) In addition to the amounts specified as salary by this section, the tax commissioner shall also receive a fee of $3.00 for each fi. fa. he collects." 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. Representative Dover of the llth moved that the House agree to the Senate substitute to HB 609. 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 adopted by the requisite constitutional majority the following Resolution of the House: HR 310. By. Representatives Murphy of the 18th and Burruss of the 20th: A RESOLUTION relative to adjournment; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time: SB 68. By: Senator Kidd of the 25th: A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to prohibit the conducting of any exit poll or public opinion poll with voters within 250 feet of a polling place; and (For other purposes. The following substitute, offered by Representatives Bray of the 91st, Argo of the 68th, and Logan of the 67th, was read and adopted: 1814 JOURNAL OF THE HOUSE, A BILL To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to permit absentee voters who permanently reside overseas to apply for absentee registration by post card; to delete the provision which gives certain municipal electors credit for voting when no election is held for lack of opposed candidates; to increase the time period during which a voter may apply for an absentee ballot; to require that absentee ballots be prepared at least 30 days prior to any primary or election; 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, relating to elections, is amended by striking subparagraph (b)(2)(A) of Code Section 21-2-217, relating to post card application for absentee registration, and inserting in lieu thereof a new subparagraph (A) to read as follows: "(A) An absentee voter who is a member of the armed forces of the United States or the merchant marine, is a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member, or is temporarily or permanently residing overseas and will be absent from his county of residence until after the time for registering for an ensuing primary or election may make proper application for absentee registration on the official post card provided for by the Federal Voting Assistance Act of 1955, as amended." Section 2. Said title is further amended by repealing subsection (d) of Code Section 21-2-231, relating to the credit for voting which is given to certain municipal electors when no election is held for lack of opposed candidates, which reads 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 3. Said title is further amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 21-2-381, relating to the time period during which a voter may apply for an absentee ballot, and inserting in lieu thereof new paragraphs (1) and (2) to read as follows: "(1) Not more than 96 120 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail or in person in the registrar's office, an application to the board of registrars of the county of the elector's residence, for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by his mother, father, aunt, uncle, sister, brother, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, or sister-in-law, of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. No absentee ballot shall be mailed to an address other than the permanent or temporary out-of-county address of the elector. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign his own application because of illiteracy or physical disability, the elector shall make his mark, and the person filling in the rest of the application shall sign his name below it as a witness; provided, however, that one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the sending or delivery, to an eligible absentee elector who lives outside the county in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States or a spouse or dependent of a member of the armed forces or the merchant marine residing THURSDAY, FEBRUARY 28, 1985 1815 with or accompanying said member or overseas citizen, an absentee ballot for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the sending and delivery of an absentee ballot for any runoffs resulting from such election. In any event, a separate and distinct application for an absentee ballot shall be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary. (2) A properly executed registration card submitted under the provisions of subparagraph (b)(2)(A) of Code Section 21-2-217, if submitted within 90 120 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under this Code section, or for a special absentee ballot under Code Section 21-2-381.1, as appropriate." Section 4. Said title is further amended by striking subsection (a) of Code Section 21-2-384, relating to the time period by which absentee ballots shall be prepared, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The superintendent shall, as soon as practicable prior to each primary or election, but at least 3i 30 days prior to any primary or general election, prepare or obtain and deliver an adequate supply of official absentee ballots, envelopes, and other supplies as required by this article, to the board of registrars for use in the primary or election. The board of registrars shall, within two days after the receipt of such supplies, deliver or mail official absentee ballots to all eligible applicants; and, as additional applicants are determined to be eligible, the board shall deliver or mail official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, however, that a ballot shall not be mailed to an applicant whose application is received within a period of five days prior to the primary or election and whose mailing address is located over 300 miles from the main office of the board of registrars; and provided, further, that no absentee ballot shall be mailed by the registrars on the day prior to a primary or election. The date a ballot is mailed or delivered to an elector and the date it is returned shall be entered on the application therefor." Section 5. Said title is further amended by striking subsection (a) of Code Section 21-2-414, relating to restrictions on campaign activities within the vicinity of a polling place, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day within 250 feet of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater." Section 6. Said title is further amended by striking subsection (a) of Code Section 21-3-321, relating to restrictions on campaign activities within the vicinity of a polling place, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) No persons shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day within 250 feet of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater." 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, was agreed to, by substitute. 1816 JOURNAL OF THE HOUSE, 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,M N Aiken Y Alford N Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong N Bishop Bolster Y Bostkk Y Branch YBray Brooks N Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs N Clark.B Y Clark,L N Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCoi Y Crawford Y Crosby Y Cummings N Daugherty Y Davis Dean Y Diion Y Dobbs Y Dover Dunn Y Edwards Y Evans N Felton Y Foster YGaler YGodbee YGoodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson N Isakson Y JacksonJ Y Jackson,N Y Jamieson N Johnson,D Y Johnson,F Y Johnson,R Y Johnson,S Kilgore Y Kingston Y Lane.D YLane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W N Linder YLogan YLong YLord N Lucas N Lupton Y Maddoi Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore N Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Oliver.D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Phillips Pinkston Y Porter Y Rainey Y Ramsey.T N Ramsey.V Randall Y Ransom YRay Y Reaves N Redding Y Richardson Y Robinson.C Y Robinson.P YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Y Thompson N Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts White N Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy.Spkr On the passage of the Bill, by substitute, the ayes were 145, nays 18. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 165. By: Senators Kennedy of the 4th and Howard of the 42nd: A BILL to amend Code Section 20-2-772 of the Official Code of Georgia Annotated, relating to the screening of public school children for scoliosis, so as to provide that rules and regulations providing for the screening of public school children for scoliosis shall not require prior approval of parents or legal guardians but shall provide advance written notice of the time of screening; and for other purposes. 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.M Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Brooks Y Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Y Clark.B Clark.L Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Couch YCoi Y Crawford Y Crosby Y Cummings Y Daugherty Y Davis Dean Y Dixon THURSDAY, FEBRUARY 28, 1985 1817 Y Dobbs Y Dover YDunn Y Edwards Y Evans Y Felton Y Foster YGaler Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J Y Jackson,N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson.R Y Johnson.S Kilgore Y Kingston Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C YLee.W Y Linder YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin,C Y Martin,J Matthews McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Mueller Y Oliver.C Oliver.D Y Padgett Y Pannell YParham Y Parrish Y Patten Peters Y Pettit Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,? Ross Y Royal Y Russell Sehnan Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L Y Smith,P Smith,T YSmyre Y Stancil Y Steinberg Y Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplett Y Twiggs Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Wilson Y Wood Workman Y Yeargin Young Murphy ,Spkr On the passage of the Bill, the ayes were 148, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Greer of the 39th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. SR 102. By: Senators Bryant of the 3rd, Reddish of the 6th, and Perry of the 7th: A RESOLUTION authorizing the conveyance of certain state owned real property located on St. Simons Island, Glynn County, Georgia, to the Glynn County Board of Commissioners and the acceptance of certain real property from the Glynn County Board of Commissioners located in Glynn County, Georgia, in consideration therefor; authorizing the lease of the real property acquired in the exchange of property with Glynn County to the United States of America; 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 119, nays 1. The Resolution, having received the requisite constitutional majority, was adopted. Representative Ware of the 77th 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 113 Do Pass, by Substitute SB 257 Do Pass, by Substitute Respectfully submitted, Ware of the 77th Chairman 1818 JOURNAL OF THE HOUSE, Representative Evans of the 84th 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 74 Do Pass, by Substitute SB 88 Do Pass, by Substitute Respectfully submitted, Evans of the 84th Chairman Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the Senate were taken up for consideration and read the third time: SB 133. By: Senator Broun of the 46th: A BILL to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Stone Mountain Memorial Association Act," so as to empower the association to exercise certain police powers of the state; to provide for the adoption and enforcement of reasonable ordinances by the association; and for other purposes. The following amendment was read: Representative Davis of the 45th moves to amend SB 133 as follows: Add (d) as follows: "The Stone Mountain Memorial Association shall continue the practice of stocking, re-stocking and sales of confederate memorabilia." On the adoption of the amendment, the ayes were 92, nays 30. The amendment was adopted. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M YAiken YAlford Y Alien YAnderson Y Argo Y Athon Y Atkins Y Auten Y Bailey YBalkcom Bannister Y Bargeron Y Bamett,B Y Barnett.M Y Beck Y Benefield Benn Y Birdsong Bishop Bolster Y Bostick Y Branch Y Bray Brooks Brown.G Y Brown,J Y Buck Y Burruss Y Byrd Y Carter Chambless Chance Y Cheeks Y Childers Childs Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch Y Cox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Y Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Evans Y Felton Y Foster Y Galer Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Johnson,D Y Johnson,F THURSDAY, FEBRUARY 28, 1985 1819 Y Johnson.R Y Johnson.S Kilgore Kingston Y Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Lee.C Y Lee.W Y Linder Y Logan Y Long Lord Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews McDonald Y McKelvey N McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Peters Y Pettit Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom Y Ray Y Reaves Y Redding Richardson Y Robinson.C Y Robinson,P Y Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith.T Smyre Y Stancil Y Steinberg Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Watts White Y Wilder Y Williams.B Williams,.! Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy.Spkr On the passage of the Bill, as amended, the ayes were 144, nays 1. The Bill, having received the requisite constitutional majority, was passed, as amended. SR 27. By: Senators Gillis of the 20th, Reddish of the 6th, and Bryant of the 3rd: A RESOLUTION authorizing the conveyance of certain state owned real property located in Camden County, Georgia, to the United States of America and the acceptance of certain real property owned by the United States of America located in Camden County, Georgia, in consideration therefor; and for other purposes. The following amendment was read and adopted: The Committee on State Institutions and Property moves to amend Senate Resolution 27 by adding on page 5, line 12, after the word "RESOLVED", the following: "AND ENACTED". 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 Adams.M YAiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M Y Beck Y Benefield Benn Birdsong Bishop Bolster Y Bostick Branch Y Bray Brooks Y Brown.G Y Brown,J Y Buck YBurruss Byrd Y Carter Chambless Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch Y Cox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Dobbs Y Dover Y Dunn Y Edwards Y Evans Y Felton Y Foster Y Galer Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Jamieson Y Johnson.D Y Johnson.F Y Johnson.R Johnson,S Kilgore Y Kingston Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Lee.W Y Linder Y Logan Y Long Y Lord Y Lucas Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews McDonald Y McKelvey McKinney Y Milam Milford Y Moody Y Moore Y Morton 1820 JOURNAL OF THE HOUSE, Y Mostiler YMoultrie YMueller Y Oliver.C YOliver.D YPadgett YPannell YParham YParrish Y Patten Y Peters Y Pettit Phillips Pinkston Y Porter Y Rainey Y Ramsey.T YRamsey.V Randall Y Ransom Y Ray Y Reaves Redding Richardson Robinson.C Y Robinson.P Y floss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Sizemore Y Smith,L Y Smith.P Y Smith.T Smyre Y Stancil Y Steinberg Y Thomas,C Thomas.M Y Thompson Townsend Y Triplett Y Twiggs Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White Wilder Y Williams.B Y Williams.J Y Williams,R Y Wilson Y Wood Workman Y Yeargin Young Murphy.Spkr On the adoption of the Resolution, as amended, the ayes were 137, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. Representative Watson of the 114th District, Chairman of the Committee on Industry, 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 102 Do Pass, by Substitute Respectfully submitted, Watson of the 114th Chairman Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: SB 108. By: Senator Kidd of the 25th: A BILL to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of gasoline marketing practices, so as to prohibit a refiner, producer, or manu- facturer of automotive gasoline from opening and from directly or indirectly operating a retail service station for the retail sale of gasoline; and for other purposes. The following amendment was read and adopted: The Committee on Industry moves to amend SB 108 by striking from Section 1, beginning on line 18 of page 6 and continuing through line 22, the following: "Superior courts of this state shall have authority to grant temporary restraining orders within their discretion and permanent injunctions upon proof of a prima-facie case of violation of this article." An amendment, offered by Representatives Redding of the 50th and Clark of the 55th, was read and withdrawn. 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: THURSDAY, FEBRUARY 28, 1985 1821 Y Aaron N Adams,G Y Adams.M N Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey N Balkcom N Bannister Y Bargeron Y Barnett,B N Barnett.M YBeck Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Bostick N Branch YBray Brooks Y Brown,G N Brown.J YBuck Burruss YByrd Y Carter Y Chambless Chance Cheeks Y Childers Childs Y Clark,B Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan N Couch YCo* Y Crawford Y Crosby Y Cuoiniings Y Daugherty N Davis YDean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Evans N Felton N Foster YGaler Y Godbee N Goodwin Y Greene YGreer Y Groover Y Hamilton Y Manner Y Hasty YHays N Heard YHill Y Holcomb N Holmes Y Hooks Home N Hudson NIsakson Jackson,J Y Jackson.N Y Jamieson Y Johnson.D N Johnson,? Y Johnson.R Y Johnson.S Y Kilgore Y Kingston YLane.D YLane,R Lawler N Lawrence Y Lawson YLee,C YLee.W N Under YLogan YLong Lord Y Lucas Lupton N Maddoi N Mangum Y Martin.C NMartin.J Y Matthews Y McDonald Y McKelvey N McKinney Y Milam Y Milford N Moody Y Moore Morton Y Mostiler Y Moultrie Y Mueller N Oliver.C Oliver,D Y Padgett Y Pannell YParham YParrish Y Patten Peters Y Pettit Y Phillips Y Pinkston Y Porter YRainey YRamsey.T NRamsey.V YRandall N Ransom YRay N Reaves Y Redding Y Richardson N Robinson,C Y Robinson.P YRoss Y Royal Y Russell YSehnan Y Shepard Y Sherrod Y Sinkfield N Sizemore N Smith,L Y Smith.P Y Smith.T YSmyre Y Stancil N Steinberg Y Thomas,C Y Thomas,M Y Thompson N Townsend Y Triplett YTwiggs Y Waddle Y Waldrep N Walker.C Y Walker,L N Wall Y Ware Y Watson Y Watts White N Wilder Y Williams.B Y WiUiams,J N WUliam8,R Y Wilson Y Wood Y Workman Y Yeargin Y Young Murphy,Spkr On the passage of the Bill, as amended, the ayes were 127, nays 37. The Bill, having received the requisite constitutional majority, was passed, as amended. By unanimous consent, SB 108, as amended, was ordered immediately transmitted to the Senate. Representative Home of the 103rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. Due to a possible conflict of interest, Representatives Jackson of the 9th, Benefield of the 72nd, and Lupton of the 25th requested that they be excused from voting on the passage of SB 108, as amended. Representative Barnett of the 59th arose to a point of personal privilege and addressed the House. Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time: SB 94. By: Senators Gillis of the 20th, Biyant of the 3rd, Reddish of the 6th, and others: A BILL to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide a definition of a ten-foot net; to provide a definition of a 20 foot net; to change the fees for resident and nonresident bait dealers' licenses; to change the description of certain equipment which may be used in commercial salt-water fishing; and for other purposes. 1822 JOURNAL OF THE HOUSE, The following amendment was read and adopted: Representatives Triplett of the 128th and Pannell of the 122nd move to amend SB 94 as follows: By adding on page 8, after line 9, a new paragraph as follows: "(Q). Before the Department of Natural Resources issues a bait dealer license the Department of Natural Resources shall inspect the bait dealer facilities to determine if the facilities comply with Code Section 48-8-59, within 30 days from the time application for license is received." 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 120, nays 2. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 137. By: Senator Hudgins of the 15th: A BILL to amend Code Section 7-1-91 of the Official Code of Georgia Annotated, relating to orders and the enforcement thereof by the Department of Banking and Finance, so as to provide for the imposition of a civil penalty against any financial institution for violations of the terms of any order issued by the department; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Burruss of the 20th 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. FRIDAY, MARCH 1, 1985 1823 Representative Hall, Atlanta, Georgia Friday, March 1, 1985 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. By unanimous consent, the call of the roll was dispensed with. Prayer was offered by Dr. James W. Dyer, Pastor, Southwest Christian Church, East Point, Georgia. Representative Balkcom of the 140th, 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 of the House could be introduced, read the first time and referred to the committees: HB 1085. By: Representative Sizemore of the 136th: A BILL to amend an Act creating and establishing a board of commissioners of roads and revenues of Worth County, so as to change the compensation of the chairman and members of the board of commissioners of Worth County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1086. By: Representatives Thompson of the 20th, Wilson of the 20th, Lee of the 72nd, Galer of the 97th, and Burruss of the 20th: A BILL to amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing attendance of witnesses and production and preservation of evidence, so as to provide that in proceedings involving a child victim or witness, the court, for good cause shown, may order the taking of a videotaped deposition of the victim or witness which may be used at any pretrial proceeding and at the trial in lieu of the direct testimony of the child; and for other purposes. Referred to the Committee on Judiciary. 1824 JOURNAL OF THE HOUSE, HB 1087. By: Representatives Thompson of the 20th, Wilson of the 20th, Lee of the 72nd, Galer of the 97th, and Burruss of the 20th: A BILL to amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing attendance of witnesses and production and preservation of evidence, so as to provide that in all criminal cases and juvenile fact-finding hearings involving a child victim or witness, the court and district attorney shall take appropriate action to ensure a speedy trial and consider the impact of the proceedings upon a child; and for other purposes. Referred to the Committee on Judiciary. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 1080 HB 1081 HB 1082 HB 1083 HB 1084 HR 325 HR 326 HR 328 HR 329 Representative Russell of the 64th District, Vice-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 240 Do Pass, by Substitute HR 311 Do Pass HR 327 Do Pass Respectfully submitted, Russell of the 64th 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 Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1031 Do Pass, as Amended HB 1048 Do Pass, by Substitute HB 1067 Do Pass HB 1068 Do Pass HB 1069 Do Pass HB 1070 Do Pass HB 1071 Do Pass HB 1072 Do Pass HB 1075 Do Pass HB 1076 Do Pass HB 1077 Do Pass HB 1078 Do Pass HB 1079 Do Pass HR 312 Do Pass SB 259 Do Pass Respectfully submitted, Adams of the 36th Chairman FRIDAY, MARCH 1, 1985 1825 The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR FRIDAY, MARCH 1, 1985 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 36th Legislative Day as enumerated below: SB 11 Ind./Trade: Accepts Gifts/Donations: Lease Agreements SB 59 Wastewater Treatment Plant: Definition SB 87 Magistrate Cts.: Postjudgement Discovery SB 110 Mentally Incompetent Persons: Sterilization SB 123 Magistrate Courts: Cash Bonds: Certain Violations SB 130 Fair Business Practices: Copies of Pleadings SB 136 Bank Holding Co.: Out-Of-State Banks: Regulations SB 138 Electronic Banking: Checks/Money Orders SB 149 General Assembly Members: Travel Expenses SB 157 Youthful Offender Act of 1972: Revise Provisions SB 199 Tax Collectors/Tax Comm.: Minimum Salaries SR 4 Baldwin County: Convey Property SR 44 State Capitol: Sidney Lanier Bust: Placement SR 94 Jt. Pub. Utility Rate-Making Process Study Comm.: Create Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, Is/ Russell of the 64th Vice-Chairman By unanimous consent, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time: HB 1031. By: Representative Parrish of the 109th: A BILL to amend an Act creating a Board of Commissioners of Candler County, so as to provide for an increase in the number of members of the board of commissioners; and for other purposes. The following amendment was read and adopted: The Committee on State Planning & Community Affairs moves to amend HB 1031 by inserting in line 6 on page 9 between the word "exceed" and the figure "$22,000.00" the following: "80 percent of. 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 1048. By: Representative Smith of the 78th: A BILL to amend an Act creating a board of commissioners for Lamar County, so as to provide for a chairman 1826 JOURNAL OF THE HOUSE, and four other members of the board of commissioners; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act creating a board of commissioners for Lamar County, approved March 8, 1943 (Ga. L. 1943, p. 1066), as amended, so as to provide for a chairman and four other members of the board of commissioners; to provide for qualifications; to provide for an oath of office and bonding; to provide for elections; to provide for districts; to provide for terms of office; to provide for a vice-chairman; to provide for vacancies; to provide for compensation; 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. An Act creating a board of commissioners for Lamar County, approved March 8, 1943 (Ga. L. 1943, p. 1066), as amended, is amended by striking Section 1 and inserting in lieu thereof a new Section 1 to read as follows: "Section 1. (a) There is created the board of commissioners of Lamar County. The board of commissioners shall consist of five members. (b) For the purpose of electing members of the board, Lamar County shall be divided into four commissioner districts as follows: Commissioner District 1 Beginning at the intersections of the centerline of U.S. Highway #41 with the centerline of County Road #35 (Ogletree Road); thence Northerly along the centerline of County Road #35, as extended, crossing the Central of Georgia Railroad until it intersects the centerline of County Road #157 (Midway Church Road); thence North along the centerline of County Road #157, as extended, until it intersects the centerline of Howard Bottoms Road (County Road #158); thence Southwesterly along the centerline of Howard Bottoms Road, as extended, until same intersects the centerline of Ga. Highway #36; thence Southerly along the centerline of Ga. Highway #36 until said centerline is intersected by the centerline of Old Ga. Highway #36; thence South along the centerline of Old Ga. Highway #36 until same is intersected by the City of Limits of the City of Barnesville; thence in a Westerly direction along the Northerly City Limits of the City of Barnesville following the curvature and changes thereof until said City Limits intersects the centerline of Ga. Highway #7; thence South along said centerline following the City Limits of the City of Barnesville as it changes and departs the centerline of Ga. Highway #7 in a Southeasterly direction to the centerline of Grove Street; thence continuing along the City Limits in a Southwesterly direction until said City Limits intersects the centerline of Ga. Highway #7; thence South along the centerline of Ga. Highway #7 until same is intersected by the centerline of Old Zebulon Road; thence in an Easterly direction following the centerline of Old Zebulon Road until it is intersected by the extended centerline of Elm Street; thence in an Easterly direction along the centerline of Elm Street as extended and crossing the Central of Georgia Railroad until it is intersected by the centerline of Greenwood Street; thence Northeast along the centerline of Greenwood Street, as extended, until said centerline is intersected by the centerline of Zebulon Street; thence Easterly along the centerline of Zebulon Street until Zebulon Street terminates at Main Street and said centerline is intersected by the Atlanta Street-Forsyth Street Connector; thence Easterly along the centerline of the Atlanta Street-Forsyth Street Connector until same is intersected by the centerline of the North bound lane of Main Street; thence North along the centerline of the North bound lane of Main Street until it merges with the centerline of the South bound lane of Main Street and; thence continuing Northerly alongsaid centerline as extended until it crosses the Central of Georgia Railroad and is intersected by the centerline of Railroad Street; thence Northeast along the centerline of Railroad Street until it is intersected by the extended centerline of FRIDAY, MARCH 1, 1985 1827 Ice Street; thence in a Southeasterly direction following the centerline of Railroad Street crossing the Central of Georgia Railroad and thence continuing Northeasterly along the centerline of Railroad Street until said centerline is intersected by the extended centerline of Rogers Street; thence South along the centerline of Rogers Street, as extended, until same is intersected by the centerline of U.S. Highway #41, also known as Forsyth Street; thence continuing along the centerline of U. S. Highway #41 to the point of beginning. Commissioner District 2 Beginning at a point on the Monroe County-Lamar County line where said county line is intersected by the centerline of the Little Towaliga River; thence North along said county line to the Northeast corner of Lamar County, Georgia; thence West along the Lamar-Butts County line to the Spalding County line; thence South along the Spalding County-Lamar County line to the Southeast corner of Spalding County; thence West along the Spalding-Lamar County line following the curvatures and changes thereof to the Northwest corner of Lamar County, Georgia; thence South along the Pike County-Lamar County line to a point where said county line is intersected by the centerline of Mount Calvary Road; thence East along the centerline of Mount Calvary Road until same is intersected by the centerline of Five Points Road; thence South along the centerline of Five Points Road until said centerline is intersected by the extended centerline of Wilson Road (County Road #63); thence Easterly along the centerline of Wilson Road (County Road #63) until said centerline as extended intersects the centerline of County Road #64; thence Southerly and Easterly along the centerline of County Road #64 as it crosses the Central of Georgia Railroad and intersects the centerline of Old Milner Road; thence along the centerline of Old Milner Road until it is intersected by the extended centerline of Woodall Lane; thence Easterly along the centerline of Woodall Lane until said centerline as extended intersects the City Limits of Milner, Georgia; thence in a Southeasterly direction along the City Limits of the City of Milner and the curvatures and changes thereof until said City Limits intersects the centerline of Ga.Highway #7; thence Southeasterly along the centerline of Ga.Highway #7 until same is intersected by the centerline of Ga.Highway #36; thence Easterly along the centerline of Ga.Highway #36 following the curvatures thereof to point where said centerline is intersected by the extended centerline of Howard Bottoms Road (County Road #158); thence Northeasterly along the centerline of Howard Bottoms Road until same is intersected by the extended centerline of Midway Church Road (County Road #157); thence Easterly along the centerline of Midway Church Road until same is intersected by the centerline of Big Towaliga Creek; thence Easterly along the centerline of Big Towaliga Creek following the meanderings thereof until it changes into the Little Towaliga River and continuing along the centerline of said river until same intersects the Lamar-Monroe County line at the point of beginning. Commissioner District 3 Beginning at the intersection of the centerline of the Barnesville-Yatesville Road (County Road #210) with the Upson-Lamar County line; thence North along said centerline as extended to the centerline of Ga. Highway #7; thence West along said centerline to the intersection of the centerline of Thomaston Street (formerly Ga. Highway #36) if it were extended; thence North along said centerline to the beginning of the centerline of Main Street; thence North along the centerline of Main Street and continuing along said centerline until it divides into two lanes; thence following the North bound lane of Main Street until it merges with South bound lane and becomes one centerline; thence North along said centerline as extended crossing the Central of Georgia Railroad until it intersects the centerline of Railroad Street; thence Northeast along the centerline of Railroad Street until it is intersected by the extended centerline of Ice Street; thence South following the centerline of Railroad Street as it crosses the Central of Georgia Railroad in a Southeasterly direction; thence proceed Northeast along said centerline until said centerline is intersected by the extended centerline of Rogers Street; thence South along said centerline, as extended, until it intersects the centerline of U.S. Highway #41 (Forsyth Street); thence East along said centerline of 1828 JOURNAL OF THE HOUSE, U.S. Highway #41 until it is intersected by the centerline of County Road #35 (Ogletree Road); thence North along said centerline crossing the Central of Georgia Railroad and extending until it intersects the extended centerline of Midway Church Road (County Road #157); thence North along said centerline until said centerline is intersected by the centerline of Big Towaliga Creek; thence East along the centerline of Big Towaliga Creek following same as it becomes Little Towaliga River and until same intersects the Monroe-Lamar County line; thence South along said county line following the variations thereof to the Southeast corner of Lamar County; thence West along said county line to the Upson County line; thence North along said county line to the Northeast corner of Upson County, Georgia; thence West along said county line to the point of beginning. Commissioner District 4 Beginning at the intersection of the centerline of the Barnesville-Yatesville Road (County Road #210) and the Upson-Lamar County line; thence North along said centerline as extended to the centerline of Ga.Highway #7; thence West along said centerline to the intersection of the centerline of Thomaston Street (Ga. Highway #36); thence North along said centerline of Thomaston Street to the beginning of the centerline of Main Street; thence North along the centerline Main Street and continuing along said centerline until it divides into two lanes;thence following the north bound lane of Main Street until it is intersected by the centerline of the Atlanta Street-Forsyth Street Connector; thence West along the centerline of said connector street until it terminates at the beginning of Zebulon Street; thence from where the centerline of said connector meets and joins with the centerline of Zebulon Street; thence West along said centerline of Zebulon Street until it is intersected by the extended centerline of Greenwood Street; thence Southwest along said centerline of Greenwood Street until it is intersected by the extended centerline of Elm Street; thence West along the centerline of Elm Street, as extended, until it intersects the centerline of Old Zebulon Road; thence West along said centerline of Old Zebulon Road (County Road #74) until it is intersected by the centerline of Ga.Highway #7; thence North along said centerline of Ga. Highway #7 until it is intersected by the City limits of Barnesville, Georgia; thence northeasterly along said City limits to center of Grove Street; thence northwesterly along said City limits returning to Ga. Highway #7 and continuing north along said Highway as it forms said City limits and departing said Highway in an easterly direction along said City limits following the changes and curvature thereof until it is intersected by the centerline of Old Ga. Highway #36; thence North along said centerline of Old Ga. Highway #36 until it intersects the centerline of Ga. Highway #36; thence West along the centerline of Ga.Highway #36 until reaching the centerline of Ga.Highway #7; thence North along said centerline of Ga. Highway #7 to the intersection of said centerline with the City limits of Milner, Georgia; thence westerly and northwesterly along said City limits and following the curvature thereof until said City limits is intersected by the extended centerline of Woodall Lane (County Road #66); thence West along said centerline of Woodall Lane, as extended and crossing the Old Milner Road and then crossing the Central of Georgia Railroad until it intersects the centerline of County Road #64; thence North along said centerline of County Road #64 until it is intersected by the extended centerline of Wilson Road (County Road #63); thence West along said centerline as extended to its intersection with the centerline of Five Points Road; thence North along said centerline of Five Points Road until it is intersected by the centerline of Mount Calvary Road; thence West along said centerline of Mount Calvary Road until said centerline intersects the Pike-Lamar County line; thence South along said Pike-Lamar County line following the variations in said county line to the Southwest corner of Lamar County; thence East along the Upson-Lamar County line to the point of beginning." Section 2. Said Act is further amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. (a) One commissioner shall be elected from each commissioner district by the electors residing solely within each respective district. In order to be eligible for FRIDAY, MARCH 1, 1985 1829 membership on the board, a person must be at least 21 years of age as of the date of taking office and a qualified elector of Lamar County and must be a resident of the commissioner district from which offering as a candidate. A member of the board must remain a resident of the commissioner district from which elected during the term of office. Any person offering as a candidate for election to the board to represent a commissioner district shall specify the commissioner district for which the person is offering. There shall be one member of the board elected by the voters of the entire county who shall be the chairman. Any person desiring to qualify as a candidate for chairman shall designate that he is qualifying for the chairman post. A candidate for chairman may reside anywhere in Lamar County. Any person qualifying for the chairman post shall not be permitted to qualify as a candidate for election to the board from any commissioner district. All members shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.' (b) Before entering upon the discharge of such commissioner's duties, each commissioner shall take and subscribe to the following oath, to wit 'I do solemnly swear that I will support the Constitution of the United States and of the State of Georgia, and that I will well, truly, and faithfully discharge the duties of commissioner of Lamar County, during my continuance in office according to law and to the best of my knowledge and ability, without fear or affection of any person, firm, or corporation; so help me God.' Each of said commissioners shall give a bond in the sum of $1,000.00, each, except the chairman of said board, who shall give a bond in the sum of $10,000.00, in a good and solvent fidelity and guaranty company, payable to the judge of the probate court of said county and his successors in office, conditioned upon the faithful discharge of the duties of his office, which shall be duly filed and recorded in the office of the judge of the probate court of said county, as the bond of other county officers. The premium on said bonds for each commissioner shall be paid out of the general funds of said county. Said commissioners shall each be commissioned by the Governor, and all future commissioners shall be commissioned likewise. (c) The members of the board of commissioners in office on January 1, 1985, shall continue in office until the expiration of the terms to which such members were elected and until their successors are duly elected and qualified. (d) The member to be the chairman and the members from Commissioner Districts No. 1 and 2 shall be elected at the general election of 1986 and shall take office on January 1, 1987. The member elected from Commissioner District No. 4 shall be elected at the general election of 1988 and shall take office on January 1, 1989. The member elected from Commissioner District No. 3 shall be elected at the general election of 1990 and shall take office on January 1, 1991. Each member of the board of commissioners, including the chairman, shall be elected for a term of four years and until such member's successor is elected and qualified. Thereafter, each member, including the chairman, shall be elected at the general election immediately preceding the expiration of such member's term of office and shall take office on the first day of January immediately following such member's election for a term of four years. All members of the board of commissioners shall serve until their successors are elected and qualified. (e) The board shall elect one of its members as vice-chairman. The vice-chairman shall, in the absence or disqualificatin of the chairman or during a vacancy in the office of chairman, perform and discharge all of the duties and functions of the chairman." Section 3. Said Act is further amended by striking Section 4 and inserting in lieu thereof a new Section 4 to read as follows: "Section 4. (a) In the event of a vacancy on the board because of death, resignation, removal of residency from the commissioner district, or for any other cause, and the unexpired term is six months or more, such vacancy shall be filled for the unexpired term at a special election which shall be called by the election superintendent of Lamar County within ten days after the occurrence of the vacancy. The election superintendent shall set the date of such special election for a day not less than 30 nor more than 45 days after the issuance of the call. Any person elected to fill a vacancy shall possess the same qualifications required of members elected for full terms of office. Such special 1830 JOURNAL OF THE HOUSE, elections shall be called and conducted in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.' (b) If the unexpired term is less than six months, the remaining members of the board shall appoint a qualified person to fill such vacancy. Such appointment shall be made within 30 days after the date of the vacancy." Section 4. Said Act is further amended by striking Section 6 and inserting in lieu thereof a new Section 6 to read as follows: "Section 6. The chairman of the board shall receive as compensation for his services as such the sum of $350.00 per month. In addition to such compensation, the chairman of the board shall also receive an expense allowance of $150.00 per month. The other members of the board shall receive as compensation for their services as such the sum of $300.00 per month. In addition, the chairman and the other members of the board shall receive actual expenses incurred by them while conducting county business outside Lamar County." Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1067. By: Representatives Porter of the 119th and Coleman of the 118th: A BILL to amend an Act consolidating the office of tax receiver and tax collector of Laurens County into the office of tax commissioner of Laurens 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 1068. By: Representative Pinkston of the 100th: A BILL to amend an Act known as "Macon-Bibb County Water & Sewerage Authority Act Amended"; and for other purposes. The report 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 1069. By: Representatives Byrd of the 153rd and Moody of the 153rd: A BILL to amend an Act providing a new charter for the City of Hazlehurst, so as to establish and define wards within the City of Hazlehurst for the purpose of electing members of the board of commissioners; and for other purposes. FRIDAY, MARCH 1, 1985 1831 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 1070. By: Representatives Sherrod of the 143rd, Long of the 142nd, and Royal of the 144th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation and powers and administration of the Thomasville Payroll 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 1071. By: Representatives Sherrod of the 143rd, Long of the 142nd, and Royal of the 144th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the selection and service of the board of education and the school superintendent of Thomas County; 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 1072. By: Representative Groover of the 99th: A BILL to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act", so as to authorize said authority to undertake certain projects; and for other purposes. The report 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 1075. By: Representatives Ware of the 77th, Shepard of the 71st, Mostiler of the 75th, and Bray of the 91st: A BILL to provide a new charter for the City of Grantville; to provide for 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 to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1076. By: Representatives Dover of the llth and Jamieson of the llth: A BILL to amend an Act creating a new charter for the City of Clarkesville in the 1832 JOURNAL OF THE HOUSE, County of Habersham, so as to change the date of election of certain officials; and for other purposes. The report 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 1077. By: Representatives Dover of the llth and Jamieson of the llth: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the election of members of the Board of Education of White 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 1078. By: Representatives Dover of the llth and Jamieson of the llth: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating a body corporate and politic to be known as the "White County Industrial Building 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 1079. By: Representatives Lawrence of the 49th, Robinson of the 58th, Alford of the 57th, Clark of the 55th, Williams of the 48th, and others: A BILL to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, so as to change the compensation of the clerk of the superior court and the judge of the probate court; and for other purposes. Representative Morton of the 47th requested that further consideration of HB 1079 be postponed until an amendment could be drawn and proper signatures be acquired from the delegation. The Speaker announced the Bill would be withdrawn from the local calendar. Representative Clark of the 55th requested permission to withdraw her name from HB 1079. The permission was granted. The Chairman of the Committee on State Planning and Community Affairs announced that HB 1079 no longer contained the required signatures for passage. FRIDAY, MARCH 1, 1985 1833 By unanimous consent, HB 1079 was recommitted to the Committee on State Planning and Community Affairs for further study. HR 312. By: Representatives Lee of the 70th, Thomas of the 69th, and Shepard of the 71st: A RESOLUTION Creating the Carroll County Government Authority Study Commission; and for other purposes. WHEREAS, the office of the commissioner of Carroll County constitutes the present governing authority of Carroll County; and WHEREAS, the best interest of Carroll citizens will be served by a coordinated study of alternative methods of county government. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Carroll County Government Authority Study Commission which shall be composed of 16 members as follows: (1) Seven members to be the mayors of the municipalities in Carroll County, or the designees of such mayors; (2) One member to be appointed by the Carroll County chapter of the League of Women Voters; and (3) Eight members to be appointed by the Carroll County delegation to the General Assembly. All members of the commission shall be representative of the territory and the population of Carroll County. BE IT FURTHER RESOLVED that the commission shall select a chairperson and a vice-chairperson by vote of the members at the first meeting. The commission may elect such other officers as it deems advisable and shall establish such quorum, attendance, and other rules as it deems necessary. BE IT FURTHER RESOLVED that the commission shall undertake a study of all aspects of the office of commissioner of Carroll County. It shall investigate the coordination, design, and functions of such governing authority and shall study and examine alternative methods of county government for Carroll County. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to perform fully and effectively its duties and accomplish the objectives and purposes of this Act. The members of the commission shall serve without compensation. BE IT FURTHER RESOLVED that the commission shall make a report of its findings, conclusions, and recommendations for the improvement of the present form of government of Carroll County, including any proposed legislation, to the Carroll County delegation to the General Assembly on or before November 1, 1985. The commission shall stand abolished on January 1, 1986. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 110, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. SB 259. By: Senator Kidd of the 25th: A BILL to amend an Act providing changes in the Magistrate Court of Morgan County, so as to authorize the chief magistrate of the Magistrate Court of Morgan County to select the clerk of 1834 JOURNAL OF THE HOUSE, the magistrate court; to provide qualifications and compensation for such 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. 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 following Bill of the House: HB 762. By: Representative Bostick of the 138th: A BILL to create a board of elections and registration in Tift County; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House: HB 623. By: Representatives Isakson of the 21st, Johnson of the 21st, Cooper of the 20th, Aiken of the 21st, Atkins of the 21st, and Wilder of the 21st: A BILL to create a board of elections and registration in Cobb County; and for other purposes. HB 896. By: Representative Sizemore of the 136th: A BILL to amend an Act providing a new charter for the City of Sylvester, so as to provide for the election of the mayor and members of the council; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the House: HB 860. By: Representative Oliver of the 121st: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Tattnall County Industrial Development Authority; and for other purposes. HB 861. By: Representative Oliver of the 121st: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to provide by law for the election of the members of the Board of Education of Tattnall County; and for other purposes. HB 862. By: Representative Oliver of the 121st: A BILL to amend an Act creating a new charter for the City of Glennville, so as to provide for election of the mayor and council; and for other purposes. HB 864. By: Representative Ramsey of the 3rd: A BILL to amend an Act placing the coroner of Murray County on an annual salary, so as to change the provisions relating to the compensation of the coroner; and for other purposes. FRIDAY, MARCH 1, 1985 1835 HB 865. By: Representative Ramsey of the 3rd: A BILL to amend an Act placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County upon an annual salary, so as to change the provisions relating to the compensation of said officers; and for other purposes. HB 866. By: Representative Ramsey of the 3rd: A BILL to amend an Act creating the office of commissioner of Murray County, so as to change the provisions relating to the compensation of the commissioner; and for other purposes. HB 868. By: Representative Smith of the 152nd: A BILL to amend an Act providing for the election of the board of education of Bacon County, so as to change the compensation of the chairman and members of the board; and for other purposes. HB 871. By: Representative Lee of the 70th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the provision of a homestead exemption for residents of the City of Bowdon in an amount to be fixed by the city governing authority at not more than $2,000.00 from all City of Bowdon ad valorem taxes; and for other purposes. HB 880. By: Representatives Logan of the 67th, Argo of the 68th, Clark of the 13th, and Milford of the 13th: A BILL to amend an Act creating the board of commissioners of Clarke County, so as to change the compensation of the chairman and other members of the board of commissioners; and for other purposes. HB 882. By: Representatives Byrd of the 153rd, Moody of the 153rd, and Smith of the 152nd: A BILL to amend an Act creating the office of Commissioners of Roads and Revenues of Brantley County, so as to change the compensation of the chairman and the other members of the board; and for other purposes. HB 890. By: Representatives Waddle of the 113th and Watson of the 114th: A BILL to amend an Act incorporating the City of Centerville, so as to change the provisions relating to qualifications of candidates for election to the office of mayor or councilman; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House: SB 271. By: Senators Bryant of the 3rd and Reddish of the 6th: A BILL to amend an Act entitled "An Act to consolidate and amend 'An Act to regulate public instruction in the county of Glynn,' and the several Acts amendatory thereof, and for other purposes herein mentioned.", so as to fix the compensation of the members of the board of education of Glynn County; and for other purposes. HB 61. By: Representative Bray of the 91st: A BILL to amend Part 12 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions' payment of deposits of deceased intestate depositors, so as to provide that moneys belonging to an intestate decedent may be deposited into a savings account in the decedent's name and may be paid out in the same manner as from other accounts of the decedent; and for other purposes. 1836 JOURNAL OF THE HOUSE, HB 200. By: Representative Bishop of the 94th: A BILL to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources, so as to permit the Department of Human Resources to enter into interstate compacts with other states for the purpose of providing reciprocal adoption assistance services; and for other purposes. HB 256. By: Representatives Patten of the 149th, Cox of the 141st, and Bargeron of the 108th: A BILL to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to create the Georgia Coroner's Training Council; and for other purposes. HB 311. By: Representative Evans of the 84th: A BILL to amend Code Section 14-10-13 of the Official Code of Georgia Annotated, relating to the annual report for professional associations, so as to require that each professional association have a registered agent and registered office; to require that such agent and office be filed with the Secretary of State; and for other purposes. HB 341. By: Representatives Kilgore of the 42nd, Crosby of the 150th, and Williams of the 6th: A BILL to amend Code Section 48-2-55 of the Official Code of Georgia Annotated, relating to attachment, garnishment, and levy to collect taxes, so as to provide for the use of garnishment by the state revenue commissioner or his representative to collect any tax, fee, license, penalty, interest, or collection costs; and for other purposes. HB 398. By: Representatives Lawler of the 20th, Johnson of the 72nd, and Steinberg of the 46th: A BILL to amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, so as to change the provisions relating to options and optional benefits; and for other purposes. HB 461. By: Representatives Hanner of the 131st, Chambless of the 133rd, Richardson of the 52nd, Hooks of the 116th, Coleman of the 118th, and Steinberg of the 46th: A BILL to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to define the role of county boards of health regarding certain functions relating to personal care homes; to provide for definitions; to provide for criminal records checks and determinations based thereon for directors and employees of personal care homes; and for other purposes. HB 498. By: Representatives Murphy of the 18th, Burruss of the 20th, Connell of the 87th, Evans of the 84th, McDonald of the 12th, and Wilson of the 20th: A BILL to amend Code Section 28-4-8 of the Official Code of Georgia Annotated, relating to the Office of Legislative Counsel and certain payments thereunder, so as to remove the provisions relating to the payment of social security; and for other purposes. HB 566. By: Representatives McDonald of the 12th and Russell of the 64th: A BILL to amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for distribution and sale of wines; to provide for the regulation of the quality and safety of wines produced within this state for sale within this state; and for other purposes. HB 567. By: Representatives McDonald of the 12th and Russell of the 64th: A BILL to amend Code Section 3-6-21.1 of the Official Code of Georgia Annotated, FRIDAY, MARCH 1, 1985 1837 relating to licensing of farm wineries to engage in retail and wholesale sales, surety bond, and excise taxes, so as to provide for sales by farm wineries at retail; to provide for sales by farm wineries at wholesale; and for other purposes. HB 645. By: Representative Russell of the 64th: A BILL to amend Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease patients and the Kidney Disease Advisory Committee, so as to change the membership of said committee; to eliminate the position of kidney disease control officer and provide that the commissioner of human resources shall provide staff to carry out programs; and for other purposes. HB 681. By: Representative Bray of the 91st: A BILL to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions pertaining to the State Merit System of Personnel Administration, so as to change the definition of the term "unclassified service"; to exclude certain positions in the Department of Labor from the classified service; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House: SR 184. By: Senators Bond of the 39th, Scott of the 2nd, Walker of the 43rd, and others: A RESOLUTION to ratify the amendment to the United States Constitution to provide for representation of the District of Columbia in the Congress; and for other purposes. HR 198. By: Representatives Couch of the 40th, Lee of the 72nd, Waldrep of the 80th, and others: A RESOLUTION encouraging the regulated local exchange telephone companies to take certain steps to be able to compete effectively with nonregulated telephone companies; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House: HB 142. By: Representatives Wall of the 61st, Walker of the 115th, Benefield of the 72nd, and Smyre of the 92nd: A BILL to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to penalties for violating certain laws relating to alcoholic beverages, so as to change the penalty for providing alcoholic beverages to persons under 19 years of age; and for other purposes. HB 185. By: Representatives Thomas of the 69th, Oliver of the 1st, Copelan of the 106th, and Smith of the 78th: A BILL to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to the release of juveniles where detention is not warranted, so as to clarify that an informal detention hearing must be held within 72 hours regarding a child who is alleged to be deprived; and for other purposes. HB 239. By: Representatives Coleman of the 118th and Phillips of the 120th: A BILL to amend Code Section 11-9-310 of the Official Code of Georgia Annotated, relating to priority of certain liens, claims, and rights, so as to provide that certain mechanics' liens shall have priority over certain perfected security interests; to specify the conditions for such priority; to amend Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty; and for other purposes. 1838 JOURNAL OF THE HOUSE, HB 723. By: Representatives Pettit of the 19th, Athon of the 57th, Couch of the 40th, Watson of the 114th, Buck of the 95th, and Dunn of the 73rd: A BILL to amend Code Section 46-2-25 of the Official Code of Georgia Annotated, relating to procedures for changing utility rates and charges, so as to require certain court rulings and provide for certain rates under bond or other arrangements during appeal; to provide for records, interest, and refunds; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House: HB 35. By: Representative Crawford of the 5th: A BILL to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," relating to the control of soil erosion and sedimentation, so as to authorize the provision of technical assistance to any county or municipality; and for other purposes. The Senate has agreed to the House amendment to Senate amendment #2 to the following Bill of the House: HB 456. By: Representatives Ware of the 77th, Hooks of the 116th, Bargeron of the 108th, Groover of the 99th, Wood of the 9th, and Colbert of the 23rd: A BILL to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding the transaction of insurance, so as to provide for jurisdiction of certain providers of health care benefits; and for other purposes. The Senate has agreed to the House amendment to the Senate substitute to the following Bill of the House: HB 452. By: Representatives Coleman of the 118th, Home of the 103rd, and Jackson of the 9th: A BILL to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to change the delinquency charge; to remove the finance charge limitations on certain loans; to provide that a claim of violation on any loan or contract secured by an interest in a motor vehicle may be asserted in an individual action only and may not be the subject of a class action; and for other purposes. The Senate has agreed to the House amendment to the Senate amendment to the following Bill of the House: HB 244. By: Representatives Rainey of the 135th, Twiggs of the 4th, Oliver of the 121st, Peters of the 2nd, and Hays of the 1st: A BILL to amend Code Section 27-2-25.1 of the Official Code of Georgia Annotated, relating to the suspension of hunting licenses for negligent hunting, so as to amend the procedures for the administrative hearings on such suspensions; and for other purposes. The Senate has adopted, as amended, by the requisite constitutional majority the following Resolution of the House: HR 74. By: Representatives Hooks of the 116th, Edwards of the 112th, Chambless of the 133rd, Greene of the 130th, Cox of the 141st, and others: A RESOLUTION creating the Joint Tandem Trailer Access to Public Roads Study Committee; and for other purposes. The Senate has agreed to the House substitutes to the following Bills of the Senate: FRIDAY, MARCH 1, 1985 1839 SB 75. By: Senators Deal of the 49th and Greene of the 26th: A BILL to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to provide that prior to the fixing of a sentence, the judge may consider a victim impact statement in determining the appropriate sentence; and for other purposes. SB 91. By: Senators Harrison of the 37th, Hudgins of the 15th, Barnes of the 33rd, and others: A BILL to amend Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions affecting contracts for public works, so as to provide for progress payments to be made on some periodic basis based on the value of work completed plus the value of material and equipment suitably stored on site or off site; and for other purposes. SB 178. By: Senator Kidd of the 25th: A BILL to amend an Act creating county courts (now state courts) in certain designated counties of this state, so as to change the compensation provisions relating to the judge and the solicitor of the State Court of Baldwin County; and for other purposes. The Senate has agreed to the House amendments to the following Resolution of the Senate: SR 9. By: Senator Kidd of the 25th: A RESOLUTION authorizing the conveyance of certain state-owned real property located in Baldwin County, Georgia, to General Telephone Company of the Southeast (GTE); and for other purposes. The Senate has agreed to the House amendments to the following Bill of the Senate: SB 90. By: Senator Kennedy of the 4th: A BILL to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to provide that in any county in which a state correctional institution is located, one or more judges of the superior court of such county shall be authorized to conduct habeas corpus and other nonjury proceedings involving inmates of such state correctional institution in a suitable room at the institution; and for other purposes. The Senate has agreed to the House substitute to the following Bill of the Senate: SB 218. By: Senator Dawkins of the 45th: A BILL to amend an Act placing the sheriff of Rockdale County upon an annual salary, so as to authorize the sheriff to appoint such deputies, clerks, investigators, and other employees as he shall deem necessary to assist him in discharging the official duties of his office; and for other purposes. The Senate insists on its substitute to the following Bill of the House: HB 226. By: Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, and Benefield of the 72nd: A BILL to make and provide appropriations for the fiscal year beginning July 1, 1985 and ending June 30, 1986; and for other purposes. By unanimous consent, the following Bill and Resolution of the Senate were read the first time and referred to the committees: 1840 JOURNAL OF THE HOUSE, SB 271. By: Senators Bryant of the 3rd and Reddish of the 6th: A BILL to amend an Act entitled "An Act to consolidate and amend 'An Act to regulate public instruction in the county of Glynn,' and the several Acts amendatory thereof, and for other purposes herein mentioned.", so as to fix the compensation of the members of the board of education of Glynn County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SR 184. By: Senators Bond of the 39th, Scott of the 2nd, Walker of the 43rd, and others: A RESOLUTION to ratify the amendment to the United States Constitution to provide for representation of the District of Columbia in the Congress; and for other purposes. Referred to the Committee on Special Judiciary. All House Bills and Resolutions passed today were ordered immediately transmitted to the Senate. The following Bills and Resolution of the House were taken up for the purpose of considering the Senate substitutes and amendments thereto: HB 142. By: Representatives Wall of the 61st, Walker of the 115th, Benefield of the 72nd, and Smyre of the 92nd: A BILL to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to penalties for violating certain laws relating to alcoholic beverages, so as to change the penalty for providing alcoholic beverages to persons under 19 years of age; and for other purposes. The following Senate substitute was read: A BILL To amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts involving alcoholic beverages, so as to provide that it shall be a criminal offense for an underage person to misrepresent his or her identity or use any false identification for the purpose of purchasing or acquiring any alcoholic beverage; to provide the penalty to be imposed upon the second or subsequent conviction of furnishing alcoholic beverages to underage persons, purchasing alcoholic beverages by an underage person, misrepresenting one's age for the purpose of illegally obtaining alcoholic beverages, acting as an agent to purchase or acquire alcoholic beverages for an underage person, or misrepresentation of identity by an underage person for the purpose of purchasing or obtaining alcoholic beverages; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts involving alcoholic beverages, is amended by striking the word "and" from the end of paragraph (3) of subsection (a) of Code Section 3-3-23, relating to alcoholic beverage offenses involving underage persons, by replacing the period at the end of paragraph (4) of said subsection (a) with the symbol and word "; or", and by adding a new paragraph (5) of said subsection (a) to read as follows: "(5) No person under 20 years of age shall misrepresent his identity or use any false identification for the purpose of purchasing or obtaining any alcoholic beverage." Section 2. Said article is further amended by striking paragraph (5) of subsection (a) of Code Section 3-3-23, relating to alcoholic beverage offenses involving underage persons, and inserting in its place a new paragraph to read as follows: FRIDAY, MARCH 1, 1985 1841 "(5) No person under 26 21 years of age shall misrepresent his identity or use any false identification for the purpose of purchasing or obtaining any alcoholic beverage." Section 3. Said article is further amended by striking subsection (b) of Code Section 3-3-23.1, relating to penalties for violating certain laws relating to alcoholic beverages, which subsection reads as follows: "(b) Any person violating any prohibition contained in Code Section 3-3-23 shall be guilty of a misdemeanor, except that any person convicted of possession of alcoholic beverages pursuant to paragraph (2) of subsection (a) of Code Section 3-3-23 shall be guilty of a misdemeanor but punished by not more than 30 days' imprisonment or a fine of not more than $300.00, or both.", and inserting in lieu thereof a new subsection (b) to read as follows: "(b) (1) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor, except that any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor and shall be punished by not more than 30 days' imprisonment or a fine of not more than $300.00, or both. (2) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the second or subsequent conviction, be guilty of a misdemeanor of a high and aggravated nature." Section 4. Section 1 of this Act shall become effective September 30, 1985. Section 2 of this Act shall become effective September 30, 1986. Section 3 of this Act shall become effective July 1, 1985. Section 5. All laws and parts of laws in conflict with this Act are repealed. Representative Wall of the 61st moved that the House agree to the Senate substitute to HB 142. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams,G Y Adams.M Y Aiken Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins YAuten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M Y Beck YBenefield Benn Y Birdsong Bishop Bolster Y Bostick Branch Bray Brooks Y Brown.G YBrown,J Buck Y Burruss Byrd Y Carter Chambless Chance Y Cheeks Y Childers YChilds Clark.B Y Clark,L Y Colbert Coleman Colwell Connell Y Cooper Copelan Y Couch Y Cox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Diion Y Dobbs Y Dover Dunn Edwards Evans Y Felton Y Foster Y Galer Y Godbee Y Goodwin Y Greene Greet Y Groover Y Hamilton Y Manner Y Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Y Jackson,J Y Jackson.N Y Jamieson Johnson,D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane.D Lane,R Lawler Lawrence Y Lawson Lee.C Y Lee.W Y Linder Logan Y Long Y Lord Y Lucas Y Lupton Y Maddox Y Mangum Martin.C Y Martin,J Matthews Y McDonald Y McKelvey McKinney Y Milam Milford Y Moody Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell Parham Y Parrish Y Patten Y Peters Pettit Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Ramsey.V Randall Y Ransom Y Ray Y Reaves Redding Richardson Y Robinson.C Y Robinson,? Ross Y Royal Y Russell Y Selman Shepard Y Sherrod Y Sinkfield Sizemore Y Smith,L Y Smith,P Smith.T Smyre Y Stancil Y Steinberg Thomas.C Y Thomas.M Thompson Y Townsend Y Triplett Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L 1842 YWall Ware Y Watson Y Watts White Wilder JOURNAL OF THE HOUSE, Y Williams.B Y Williams.J Y Williams.R Y Wilson Y Wood Workman Y Yeargin Young Murphy,Spkr On the motion, the ayes were 120, nays 0. The motion prevailed. HB 896. By: Representative Sizemore of the 136th: A BILL to amend an Act providing a new charter for the City of Sylvester, so as to provide for the election of the mayor and members of the council; and for other purposes. The following Senate substitute was read: A BILL To amend an Act providing a new charter for the City of Sylvester, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2116), as amended by an Act approved February 23, 1965 (Ga. L. 1965, p. 2065) and an Act approved April 17, 1973 (Ga. L. 1973, p. 3352), so as to provide for the election of the mayor and members of the council; to provide for election wards; to provide that members of the council shall be elected from election wards; to provide for the current mayor and members of the council; to provide for terms of office; to provide the date of municipal elections; to provide for election procedures; to provide for special elections; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a new charter for the City of Sylvester, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2116), as amended by an Act approved February 23, 1965 (Ga. L. 1965, p. 2065) and an Act approved April 17, 1973 (Ga. L. 1973, p. 3352), is amended by striking Section 1-3 and inserting in lieu thereof a new Section 1-3 to read as follows: "Sec. 1-3. Municipal government of city designated. The municipal government of said city shall consist of a mayor and four members of council and such other officers, servants, and agents in addition to those enumerated in the charter as said mayor and council may from time to time lawfully employ or elect." Section 2. Said Act is further amended by striking Section 2-4, Section 2-5, and Section 2-5a and inserting in lieu thereof a new Section 2-4 and a new Section 2-5 to read as follows: "Sec. 2-4. (a) For the purpose of electing councilmen, the City of Sylvester shall be divided into four election wards consisting of the following territory within the City of Sylvester: Election Ward 1 That portion of the City of Sylvester west of Isabella Street (Camilla Highway) and south of Pope Street and Atlantic Street (the western extension of Pope Street). Election Ward 2 That portion of the City of Sylvester west of Isabella Street (Camilla Highway) and north of Pope Street and Atlantic Street (the western extension of Pope Street). Election Ward 3 That portion of the City of Sylvester east of Isabella Street (Camilla Highway) and north of Franklin Street (U.S. Highway No. 82). Election Ward 4 That portion of the City of Sylvester east of Isabella Street (Camilla Highway) and south of Franklin Street (U.S. Highway No. 82). (b) For the purposes of this section: FRIDAY, MARCH 1, 1985 1843 (1) Whenever the description of any election ward 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. (2) Any part of the City of Sylvester which is not included in this section or any territory annexed into the city shall be included within that election ward contiguous to such part or territory which contains the least population according to the United States decennial census of 1980 for the State of Georgia. (c) Candidates for the office of mayor shall, at the time of nomination and election, reside within the city. Each candidate for the office of councilman shall, at the time of nomination and election, reside within the election ward he seeks to represent. A member of the council shall not be disqualified from completing the term of office to which he was elected by reason of his moving his personal residence from one election ward to another. If the mayor or a member of the council moves his personal residence to a location outside the corporate limits of the city he shall be disqualified for further service as such, and a vacancy in such office shall immediately occur. Sec. 2-5. (a) A general election for the City of Sylvester shall be held on the first Tuesday following the first Monday in November in each odd-numbered year. The mayor and members of the council elected at a general election shall take office on January 1 of the year following their election and shall serve for terms of office of four years and until their successors are elected and qualified. The mayor shall be nominated and elected by the electors residing in the city at large. Each member of the council shall be nominated and elected by the electors residing within his respective election ward. A majority of the votes cast in any primary or election shall be required for nomination or election to the office of mayor or councilman. (b) The mayor and councilmen in office on January 10, 1986, shall continue to serve out the remainder of the terms to which they were elected. At the general election in 1987 and every four years thereafter, a councilman shall be elected from Election Ward 1, and a councilman shall be elected from Election Ward 2. At the general election in 1989 and every four years thereafter, the mayor shall be elected, a councilman shall be e4l.e"cted from Election Ward 3, and a councilman shall be elected from Election Ward Section 3. Said Act is further amended by striking in its entirety Article V., relating to elections, and inserting in its place a new Article V. to read as follows: "ARTICLE V. ELECTIONS Sec. 5-1. The city shall maintain its own voter registration lists. Sec. 5-2. The mayor and council, or so many of them as are not disqualified by being a candidate for election shall, in their first meeting after their election, receive the election return from the municipal election superintendent and declare the result of the election in accordance with the certificate of the superintendent. Sec. 5-3. All provisions and procedures relating to elections in the city, not otherwise specified by local law, shall be governed by Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia Municipal Election Code.'" Section 4. The two members of the council who are in office on the effective date of this section whose terms expired in 1984 but who are continuing to hold office shall continue to hold office until July 1, 1985, and until their successors are elected at the special election provided for in this section and qualified. On the second Tuesday in June, 1985, there shall be a special election to elect members of the council to represent Election Ward 1 and Election Ward 2 as such election wards are described in Section 2 of this Act. Each candidate shall reside in the election ward he seeks to represent and shall be elected by a majority of the electors voting in such special election who reside in each respective election ward. Members of the council elected at this special election shall take office on July 1, 1985, and shall serve until December 31, 1987, and until their successors are elected and qualified. The special election provided for in this section shall be governed by Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code." 1844 JOURNAL OF THE HOUSE, Section 5. The mayor and two members of the council who are in office on the effective date of this section whose terms expire December 31, 1986, shall continue to serve only until December 31, 1985, and until their successors are elected at the special election provided for in this section and qualified. On the Tuesday following the first Monday in November, 1985, there shall be a special election to elect the mayor and members of the council to represent Election Ward 3 and Election Ward 4 as such wards are described in Section 2 of this Act. Candidates for mayor shall reside in the city and each candidate for membership on the council shall reside in the election ward he seeks to represent. The mayor shall be elected by a majority of the electors voting in such special election who reside in the city at large. Each member of the council shall be elected by a majority of the electors voting in such special election who reside in each respective election ward. The mayor and members of the council elected at this special election shall take office on January 1, 1986, and shall serve until December 31, 1989, and until their successors are elected and qualified. The special election provided for in this section shall be governed by Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code." Section 6. (a) Except as provided in subsection (b) of this section, this Act shall become effective January 1, 1986. (b) Section 3, Section 4, and Section 5 of 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 Sizemore of the 136th moved that the House agree to the Senate substitute to HB 896. On the motion, the ayes were 103, nays 0. The motion prevailed. HB 185. By: Representatives Thomas of the 69th, Oliver of the 1st, Copelan of the 106th, and Smith of the 78th: A BILL to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to the release of juveniles where detention is not warranted, so as to clarify that an informal detention hearing must be held within 72 hours regarding a child who is alleged to be deprived; and for other purposes. The following Senate 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 define a certain term; to change the provisions relating to placement of children alleged to be delinquent; to change the provisions relating to placement of children alleged to be deprived; to clarify that an informal detention hearing must be held within 72 hours regarding a child who is alleged to be delinquent or deprived; 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding between paragraphs (10) and (11) of Code Section 15-11-2, relating to definitions under Chapter 11, a new paragraph (10.1) to read as follows: "(10.1) 'Shelter care' means: (A) A licensed foster home or home approved by the court which may be a public or private home or the home of the noncustodial parent or a relative; or (B) A facility operated by a licensed child welfare agency." FRIDAY, MARCH 1, 1985 1845 Section 2. Said chapter is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 15-11-20, relating to place of detention, limits thereon, and data to be maintained, and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) A licensed foster home or a home approved by the court which may be a public or private home or the home of the noncustodial parent or of a relative;". Section 3. Said chapter is further amended by striking in its entirety subsection (f) of Code Section 15-11-20, relating to place of detention, limits thereon, and data to be maintained, and inserting in lieu thereof a new subsection (f) to read as follows: "(f) A child alleged to be deprived may be detained or placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) of this Code section or in a shelter care facility operated by the court." Section 4. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 15-11-21, relating to the release of juveniles where detention is not warranted, and inserting in lieu thereof a new subsection (c) to read as follows: "(c) If a child alleged to be delinquent is not so released, an informal detention hearing shall be held promptly and not later than 72 hours; excluding weekends and holidays; after he is placed in detention or shelter care to determine whether his detention or shelter care is required under Code Section 15-11-18; with respect to any child alleged to be unruly, the informal detention hearing shall be held promptly and not later than 72 hours after he is placed in detention or shelter care as provided in subsection (e) of Code Section 15-11-20; and with respect to any child alleged to be deprived, the informal detention hearing shall be held promptly and not later than 72 hours after he is placed in shelter care as provided in subsection (f) of Code Section 15-11-20. Reasonable notice thereof of the hearing, either oral or written, stating the time, place, and purpose of the detention hearing, shall be given to the child and, if they can be found, to his parents, guardian, or other custodian. In the event the child's parents, guardian, or other custodian cannot be found, the court shall forthwith appoint a guardian ad litem. Prior to the commencement of the hearing, the court shall inform the parties of their right to counsel and to appointed counsel if they are indigent persons and of the child's right to remain silent with respect to any allegations of delinquency or unruly conduct." Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are repealed. Representative Thomas of the 69th moved that the House disagree to the Senate substitute to HB 185. The motion prevailed. HR 74. By: Representatives Hooks of the 116th, Edwards of the 112th, Chambless of the 133rd, Greene of the 130th, Cox of the 141st, and others: A RESOLUTION creating the Joint Tandem Trailer Access to Public Roads Study Committee; and for other purposes. The following Senate amendment was read: Amend HR 74 by adding in line 8 on page 2 before the word "Speaker" the words "Lieutenant Governor and the". Representative Hooks of the 116th moved that the House disagree to the Senate amendment to HR 74. The motion prevailed. 1846 JOURNAL OF THE HOUSE, HB 35. By: Representative Crawford of the 5th: A BILL to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," relating to the control of soil erosion and sedimentation, so as to authorize the provision of technical assistance to any county or municipality; and for other purposes. The following Senate amendment was read: Amend HB 35 by adding before the semicolon on line 27 of page 3 the following: '\ and for purposes of this paragraph, 'state waters' excludes channels and drainageways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year round; provided, however, that any person responsible for a project which involves five acres or less, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainageway must prevent sediment from moving beyond the boundaries of the property on which such project is located". By striking on Page 4, line 5, the following: "standard contract". Representative Phillips of the 120th moved that the House agree to the Senate amendment to HB 35. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Au ten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Bostick Y Branch Bray Brooks Y Brown.G Y Brown,J Buck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark,L Y Colbert Y Coleman Colwell Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Diion Y Dobbs Y Dover Dunn Edwards Evans Y Felton N Foster NGaler Y Godbee Y Goodwin Greene Greer Y Groover Y Hamilton Y Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Jackson.N Y Jamieson Johnson,D Y Johnson.F Y Johnson,R Y Johnson.S Y Kilgore Kingston YLane.D Y Lane.R Lawler Y Lawrence Y Lawson Lee.C YLee,W Y Linder YLogan YLong YLord Y Lucas Y Lupton Y Maddoi Y Mangum Y Martin.C Y Martin,J Matthews Y McDonald On the motion, the ayes were 122, nays 2. The motion prevailed. Y McKelvey McKinney YMilam Milford Moody Moore Y Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Peters Pettit Y Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Redding Richardson Robinson,C Y Robinson.P Ross Y Royal Y Russell Selman Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,P Smith.T Smyre Y Stancil Steinberg Thomas.C Y Thomas.M Thompson Y Townsend Y Triplett Twiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White Wilder Williams,B Williams,J Y Williams.R Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr FRIDAY, MARCH 1, 1985 1847 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 592. By: Representatives Porter of the 119th, Parrish of the 109th, Birdsong of the 104th, Coleman of the 118th, and Lord of the 107th: A BILL to provide for the payment of supplements to the salaries of the judges of the superior courts of the Dublin Judicial Circuit by the counties comprising such circuit; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time: SR 44. By: Senators Greene of the 26th, Harris of the 27th, Barnes of the 33rd, and 53 other Senators: A RESOLUTION authorizing the placing of a bust of Sidney Lanier in the State Capitol Building; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Aaron Y Adams,G Y Adams.M YAiken Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Bostick Y Branch Bray Brooks Y Brown.G Y Brown.J YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childera Childs Clark.B Y Clark,L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty YDavis Dean Y Dixon YDobbs Y Dover Dunn Edwards Evans Y Felton Y Foster YGaler Y Godbee YGoodwin Y Greene YGreer Y Groover Y Hamilton Y Banner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks YHorne Y Hudson Ylsakson Y Jackson.J Jackson.N Y Jamieson Johnson,D Y Johnson,F Y Johnson.R Y Johnson,S Y Kilgore Y Kingston YLane,D YLane,R Lawler Y Lawrence YLawson Lee,C Y Lee.W Y Linder YLogan YLong YLord Lucas Y Lupton Y Maddoi Y Mangum Y Martin.C Y MartinJ Y Matthews Y McDonald Y McKelvey Y McKinney Milam Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Peters Y Pettit Phillips Y Pinkston Y Porter Rainey Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Redding Y Richardson Y Robinson.C Y Robinson,? Ross Y Royal Y Russell Selman Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,P Smith,T YSmyre Y Stancil Steinberg Y Thomas.C Y Thomas,M Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White WUder Williams,B Y WiUiams,J Y WiUiams,R Wilson YWood Workman Y Yeargin Y Young Murphy,Spkr On the adoption of the Resolution, the ayes were 140, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. 1848 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 226. By: Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, and Benefield of the 72nd: A BILL to make and provide appropriations for the fiscal year beginning July 1, 1985 and ending June 30, 1986; and for other purposes. Representative McDonald of the 12th moved that the House insist on its position in disagreeing to the Senate substitute to HB 226 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, Phillips of the 120th, and Burruss of the 20th. Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: SB 149. By: Senators Holloway of the 12th, Coleman of the 1st, and Scott of the 2nd: A BILL to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to salary and allowances of members and officers of the General Assembly, so as to provide that travel allowance for trips to the state capitol during sessions of the General Assembly shall be determined either on the basis of actual transportation costs incurred when traveling by public carrier or on the basis of mileage; and for other purposes. The following amendment was read and adopted: The Committee on Rules moves to amend Senate Bill 149 as follows: On Page 1, Line 22, change the word "his" to "members". 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 YAdams,G YAdams.M Y Aiken Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins YAuten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M Y Beck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Bostick Y Branch Bray Brooks Y Brown.G Y Brown J Buck Y Burruss Y Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark.L Y Colbert Y Coleman Colwell Y Connell Y Cooper Y Copelan Couch Y Cox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Dunn Edwards Y Evans Y Felton Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J Jackson,N Y Jamieson Johnson,D Y Johnson.F FRIDAY, MARCH 1, 1985 1849 Y Johnson,R Y Johnson,S Kilgore Kingston YLane.D Y Lane,R Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder YLogan Y Long YLord Lucas Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews McDonald Y McKelvey Y McKinney Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Moultrie Y Mueller YOliver.C Y Oliver.D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Peters Y Pettit Phillips Y Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom Y Ray Reaves Y Redding Y Richardson Robinson.C Y Robinson,P Ross Y Royal Y Russell Selman Y Shepard Y Sherrod Y Sinkfleld Y Sizemore Y Smith.L Y Smith,P Smith.T Y Smyre Y Stancil Steinberg Y Thomas.C Y Thomas.M Thompson Townsend Y Triplett Twiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y WUliams,R Wilson Y Wood Workmaji Y Yeargin Young Murphy.Spkr On the passage of the Bill, as amended, the ayes were 135, nays 0. 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 Senate substitute thereto: HB 723. By: Representatives Pettit of the 19th, Athon of the 57th, Couch of the 40th, Watson of the 114th, Buck of the 95th, and Dunn of the 73rd: A BILL to amend Code Section 46-2-25 of the Official Code of Georgia Annotated, relating to procedures for changing utility rates and charges, so as to require certain court rulings and provide for certain rates under bond or other arrangements during appeal; to provide for records, interest, and refunds; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 46-2-25 of the Official Code of Georgia Annotated, relating to procedures for changing utility rates and charges, so as to require certain court rulings and provide for certain rates under bond or other arrangements during appeal; to provide for records, interest, and refunds; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 46-2-25 of the Official Code of Georgia Annotated, relating to procedures for changing utility rates and charges, is amended by adding at the end a new subsection (e) to read as follows: "(e) If the commission rules and issues its order within the time provided by subsection (b) of this Code section and the utility appeals from the order by properly filing with the Superior Court of Fulton County a petition to review that order and the utility petitions the Superior Court of Fulton County for an injunction to establish temporary rates pending a final ruling on the appeal, the court may either issue a final ruling on all issues in the appealed-from order or may issue a ruling on the utility's petition for an injunction within 45 days after filing of the petition. In the event that court issues neither such order by the forty-sixth day after filing the petition for an injunction, the utility may put any or all of the rates requested in its schedule into effect under bond only during the appeal and until final disposition of the case; provided, however, that the court may upon its own order, at any time, issue a ruling on all issues or on the petition for injunction. Such bond shall be fixed by the court in an amount not to 1850 JOURNAL OF THE HOUSE, exceed $250,000.00, with sureties approved by the court, conditioned upon the refund, in a manner to be prescribed by order of the court, to those persons, corporations, municipalities, and other entities entitled to the amount of the excess if the rate or rates put into effect are finally determined to be excessive. There may be substituted for the bond other arrangements satisfactory to the court for the protection of parties interested. The bond shall be payable to the Governor and shall be conditioned upon the faithful performance of the requirements of any refund order entered by the court. During any period in which a utility shall charge increased rates under bond, it shall provide, as ordered by the court, records or other evidence of payments made by its subscribers or patrons under the rate or rates which the utility has put into operation in excess of the rate or rates in effect immediately prior to the filing of the schedule. In all cases in which a refund is due, the court shall order a total refund of the difference between the amount collected under bond and the amount finally approved. All increases in rates put into effect under the provisions of this subsection which are not approved and for which a refund is required shall bear interest at the rate prescribed on judgments. The interest shall commence on the date the disallowed increase is paid and continue until the date the refund is made. This subsection shall not apply to rates involving a nuclear electric power generating facility rate base phase-in. This subsection shall only apply to appeals from a final order of the commission ruling on the application for an increase in rates." Section 2. All laws and parts of laws in conflict with this Act are repealed. Representative Pettit of the 19th moved that the House agree to the Senate substitute to HB 723. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Alford Y Alien Y Anderson YArgo Y Athon Y Atkins YAuten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Bostick Y Branch Bray Brooks Y Brown.G Y Brown.J Buck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Clark,B Y Clark,L Y Colbert Coleman Y Colwell Y Connell Cooper Y Copelan Y Couch YCoi Y Crawford Crosby Y Cummings Daugherty YDavis Dean Y Dixon YDobbs Y Dover YDunn Edwards Y Evans Y Felton Foster Galer Y Godbee YGoodwin Y Greene YGreer Y Groover Y Hamilton Hanner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Ylsakson Y Jackson.J Jackson,N Y Jamieson Johnson.D Y Johnson,F Y Johnson.R Y Johnson.S Y Kilgore Kingston YLane,D Y Lane,R Lawler Y Lawrence Y Lawson YLee.C YLee,W Y Under YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin.J Y Matthews McDonald On the motion, the ayes were 132, nays 1. Y McKelvey Y McKinney Milam Y Milford Y Moody Moore Y Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett YPannell YParham YParrish Y Patten Peters Y Pettit Phillips Y Pinkston Y Porter Rainey Ramsey.T Y Ramsey.V Randall Y Ransom YRay Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,P Rons Y Royal Y Russell Seknan Y Shepard Y Sherrod Y Sinkfleld Y Sizemore Y Smith,L Smith,P Smith/I" Smyre Y Stancil Steinberg Y Thomas,C Y Thomas,M Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker,L N Wall Ware Y Watson Y Watts White Wilder Y WiUiam8,B Y Williams^J Y Wimams,R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr FRIDAY, MARCH 1, 1985 1851 The motion prevailed. 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 274 Do Pass Respectfully submitted, Lee of the 72nd Chairman Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: SB 136. By: Senator Hudgins of the 15th: A BILL to amend Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to branch banks, offices, facilities, and holding companies, so as to clarify the law relating to offices of non-Georgia banks which maintain business offices in Georgia to perform activities not specifically reserved to banking corporations; and for other purposes. The following amendment was read and adopted: The Committee on Banks and Banking moves to amend SB 136 by striking lines 13 and 14 on page 3 in their entirety and substituting in lieu thereof the following: "ownership or control of any voting shares of any bank if, after such acquisition, such bank holding company". 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 YAdams,M YAiken YAlford Y Alien Y Anderson Y Argo Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M Y Beck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Bostick Y Branch Bray Brooks Brown.G Y Brown,J Buck Y Burruss Y Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark.L Y Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch Y Cox Y Crawford Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Y Dunn Edwards Evans Y Felton Foster Y Galer Godbee Y Goodwill Y Greene Y Greet Y Groover Y Hamilton Manner Y Hasty Hays Y Heard Y Hill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Isakson Y Jackson,J Y Jackson.N Y Jamieson Johnson.D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane.D Y Lane.R Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan Y Long Y Lord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C 1852 JOURNAL OF THE HOUSE, Y Martin,J Y Matthews McDonald Y McKelvey Y McKinney Milam Y Milford Moody Moore YMorton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Pettit Y Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Reaves Redding Y Richardson Y Robinson.C Y Robinson,P ROBS Y Royal Y Russell YSelman Y Shepard Y Sherrod Sinkfleld Y Sizemore Y Smith,L Y Smith.P Smith.T Smyre Y Stancil Steinberg Y Thomas,C Y Thomas,M Y Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Wilder Y Williams.B Y Williams,J Y Williams,R Y Wilson Wood Y Workman Y Yeargin Young Murphy.Spkr On the passage of the Bill, as amended, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Wood of the 9th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. By unanimous consent, SB 136, as amended, was ordered immediately transmitted to the Senate. 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 14. By: Representative Bolster of the 30th: A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that when a youth in the custody of the Division of Youth Services is tried as an adult and convicted of a felony, such youth shall no longer be subject to the jurisdiction and custody of the Division of Youth Services; and for other purposes. Representative Thomas of the 69th moved that the House insist on its position in disagreeing to the Senate substitute to HB 14 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 Thomas of the 69th, Bolster of the 30th, and Oliver of the 1st. Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. Speaker: Your Committee on Motor Vehicles has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 115 Do Pass, by Substitute FRIDAY, MARCH 1, 1985 1853 Respectfully submitted, Jackson of the 9th Chairman The Speaker Pro Tern assumed the Chair. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time: SB 199. By: Senator Garner of the 30th: A BILL to amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to minimum salaries of tax collectors and tax commissioners, so as to change the minimum salaries of such officers; and for other purposes. The following amendment was read and adopted: The Committee on Appropriations moves to amend Senate Bill 199: Line 31, Page 2 delete the figure $34,606.00 and insert in lieu thereof the figure $36,606.00 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 roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo Athon Y Atkins Auten Y Bailey Balkcom Y Bannister N Bargeron N Barnett.B Y Barnett,M YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Bostick Branch Bray Brooks Y Brown.G Y Brown,J Buck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childere Y Childs Clark,B Y Clark,L Y Colbert Coleman Colwell Connell Cooper Y Copelan Couch Coi Y Crawford Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Dover YDunn Y Edwards Y Evans Y Felton Foster YGaler God bee YGoodwin Y Greene YGreer Y Groover Y Hamilton Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Isakson Y Jackson,J Y JacksonJM Y Jamieson Johnson,D Y Johnson,F Y Johnson,R N Johnson,S Y Kilgore Y Kingston YLane,D YLane,R Lawler N Lawrence YLawson YLee,C YLee.W Y Under YLogan YLong YLord Lucas Y Lupton Maddo* Y Mangum Y Martin,C Y Martin,J Y Matthews Y McDonald N McKelvey McKinney Milam Y Milford Y Moody Moore YMorton Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Peters Y Pettit Y Phillips Pinkston Y Porter YRainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,? Rosa Y Royal Y Russell On the passage of the Bill, as amended, the ayes were 125, nays 6. YSelman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Smith.P Y Smith.T Smyre Y Stancil Steinberg Y Thomas.C Y Thomas,M Y Thompson Townsend Y Triplett Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L N Wall Ware Y Watson Y Watts White Wilder Y Williams,B Y Williams,J Y Williams.R Y Wilson YWood Workman Y Yeargin Young Murphy,Spkr 1854 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed, as amended. SB 123. By: Senator Deal of the 49th: A BILL to amend Article 4 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate court proceedings for ordinance violations, so as to provide that the chief magistrate of each county may establish a schedule of cash bonds for persons charged with ordinance violations and may designate officers authorized to accept such cash bonds; and for other purposes. 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.M Y Aiken Alford Alien Y Anderson YArgo Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Bostick Branch Bray Brooks Y Brown.G Y Brown,J Buck Y Burruss YByrd Y Carter Y Chamhleas Chance Y Cheeks Y Childers Childs Clark.B Y Clark,L Colbert Y Coletnan Colwell Connell Y Cooper Y Copelan Y Couch YCox Crawford Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Dover Dunn Y Edwards Y Evans Pelton Foster YGaler Godbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Y Banner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Jackson.N Y Jamieson Johnson,D Y Johnson.F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Lawler Y Lawrence Y Lawson Lee.C Y Lee.W Y Linder Y Logan YLong YLord Lucas Lupton Y Maddoi Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Moore Y Mortpn Mostiler Y Moultrie Mueller Y Oliver.C 01iver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Reaves Redding Y Richardson Robinson.C Y Robinson.P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L Smith.P Y Smith.T Smyre Stancil Steinberg Thomas.C Thomas.M Thompson Townsend Y Triplet! Twiggs Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Watson Y Watts White Y Wilder Y Williams,B WiUiams,J Y Williams.R Y Wilson Y Wood Workman Y Yeargin Young Murphy,Spkr On the passage of the Bill, the ayes were 116, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 138. By: Senator Hudgins of the 15th: A BILL to amend Code Section 7-1-681 of the Official Code of Georgia Annotated, relating to licensing requirements to engage in the business of selling checks or money orders in this state, so as to define the term "engaging in the business of selling or issuing checks"; and for other purposes. The following amendment was read and adopted: Representative Pinkston of the 100th moves to amend SB 138 by striking lines 6 and 7 on page 2 in their entirety and substituting in lieu thereof the following: FRIDAY, MARCH 1, 1985 1855 "investment, or credit account. Such operation shall be limited to the dispensing of cash and". The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adama.G Y Adams.M Y Aiken Y Alford Alien Y Anderson YArgo YAthon Y Atkins YAuten Y Bailey YBalkcom Y Bannister Y Bargeron Y Bamett,B Y Barnett.M YBeck Y Benefield Benn Y Birdsong Bishop Bolster YBostick Y Branch Bray Brooks Y Brown,G Y Brown,J Buck YBurruss YByrd Y Carter Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark,L Y Colbert Coleman Y Colwell Connell Cooper YCopelan Y Couch YCox Y Crawford Crosby Y Cummings Daugherty YDavis Dean Diion YDobbs Y Dover Dunn Y Edwards Y Evans Felton Y Foster YGaler Godbee Y Goodwin YGreene YGreer Y Groover Y Hamilton Y Banner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Ylsakson Y JacksonJ Y Jackson,N Y Jamieson Johnson.D Y Johnson.F Y Johnson,R Y Johnson.S Kilgore Y Kingston YLane,D YLane.R Lawler Y Lawrence YLawson Lee,C YLee,W Y Linder YLogan YLong YLord Lucas Lupton Y Maddox Y Mangum YMartin.C Martin.J Y Matthews Y McDonald Y McKelvey Y McKinney YMilam Y Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett YPannell YParham YParrish Y Patten Y Peters YPettit Phillips Y Pinkston Y Porter YRainey YRamsey.T YRamsey.V Randall Y Ransom YRay Reaves Y Redding Y Richardson Robinson.C Y Robinson,? Ross Y Royal Y Russell YSelman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith,T Smyre Y Stencil Steinberg Y Thomas,C Y Thomas.M Thompson Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker.L YWall Ware Watson Y Watts White Y Wilder Y Williams,B Williams.J Y Williams,R Y Wilson YWood Workman Y Yeargin Young Murphy.Spkr On the passage of the Bill, as amended, the ayes were 136, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. By unanimous consent, SB 138, as amended, was ordered immediately transmitted to the Senate. SB 130. By: Senators Greene of the 26th, Dean of the 31st, Howard of the 42nd, and Harris of the 27th: A BILL to amend Code Section 10-1-399 of the Official Code of Georgia Annotated, relating to private actions or claims for injunctions and damages under the "Fair Business Practices Act of 1975," so as to provide that copies of the pleadings shall be served upon the administrator; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: 1856 JOURNAL OF THE HOUSE, Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Alien Y Anderson YArgo YAthon Y Atkins YAuten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefleld Benn Y Birdsong Bishop Y Bolster Y Bostick Y Branch Bray Brooks Y Brown.G Y Brown,J Buck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L Y Colbert Y Coleman Y Colwell Connell Cooper YCopelan Y Couch Cox Y Crawford Crosby Y Cummings Daugherty Y Davis Dean Dixon Y Dobbs Y Dover Dunn Y Edwards Y Evans Felton Y Foster YGaler YGodbee Goodwin Y Greene Y Greer Y Groover Hamilton Y Manner Y Hasty YHays Y Heard YHill Y Holcomb YHohnes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Jamieson Johnson,D Y Johnson.F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston YLane.D Y Lane.R Lawler Y Lawrence Lawson Lee.C Y Lee.W Y Under YLogan YLong YLord Lucas Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey Y McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Oliver.C Y Oliver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Redding Richardson Y Robinson.C Y Robinson,? Ross Y Royal Y Russell Y Selman Shepard Y Sherrod Y Sinkfield Sizemore Y Smith.L Y Smith,P Y Smith,T Smyre Y Stancil Y Steinberg Y Thomas.C Thomas.M Thompson Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L YWall Ware Watson Y Watts White Wilder Y Williams.B Williams,J Williams.R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy,Spkr On the passage of the Bill, the ayes were 133, nays 0. The Bill, having received the requisite constitutional majority, was SB 87. By: Senators Deal of the 49th and Peevy of the 48th: A BILL to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to provide for postjudgment discovery in aid of judgments in the magistrate court; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide for issuance of subpoenas for production of documentary evidence before the magistrate court; to provide for postjudgment discovery in aid of judgments in the magistrate court; to provide that such postjudgment discovery may be obtained in aid of a judgment or execution of the magistrate court or in aid of any civil money judgment or execution of any other court if the unpaid balance on the judgment or execution does not exceed $2,500.00; to provide a form for postjudgment interrogatories; to provide for enforcement by contempt of court; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended by striking paragraph (10) of Code Section 15-10-2, relating to jurisdiction and powers of magistrate courts, and inserting in its place a new paragraph (10) to read as follows: FRIDAY, MARCH 1, 1985 1857 "(10) The issuing of subpoenas to compel attendance of witnesses in the magistrate court and subpoenas for the production of documentary evidence before the magistrate court; and". Section 2. Said chapter is further amended by adding a new Code Section 15-10-50 to read as follows: "15-10-50. (a) In aid of any judgment or execution issued by any court in this state upon which the unpaid balance does not exceed $2,500.00, the judgment creditor or his successor in interest when that interest appears of record, may, in addition to any other process or remedy provided by law, examine the judgment debtor by propounding the interrogatories specified in this Code section in the manner provided in this Code section. (b) If the judgment or execution concerning which interrogatories are being propounded was issued by the magistrate court the judgment creditor may, within 30 days after the entry of judgment, file the form interrogatories specified in this Code section with the clerk of the same magistrate court, along with costs of $10.00. Interrogatories filed under this subsection shall be served upon the judgment debtor by certified mail. (c) Interrogatories propounded pursuant to a judgment entered more than 30 days previously or entered in any other court shall be filed as a new civil action and shall be accompanied by the filing and service fees required for civil actions in that magistrate court. Interrogatories propounded under this subsection shall be served upon the judgment debtor in the manner provided for service of process in civil actions in magistrate court. (d) The interrogatories, verification, and notice shall be in substantially the following form: IN THE MAGISTRATE COURT OF ______ COUNTY STATE OF GEORGIA Plaintiff Current Civil Action File No. Address Original Civil Action File No. Defendant Court where original judgment entered: Address INTERROGATORIES TO: _________, Defendant in the above-styled action: The Plaintiff in the above-styled action requests that you answer the following interrogatories separately, fully, and under oath and serve such answers on said plaintiff at plaintiffs address shown above by mail or hand delivery within 30 days after the service of these interrogatories. 1. List the name, address, and phone number of your employer(s). 2. Describe and state the location of each piece of real estate in which you own any interest. 1858 JOURNAL OF THE HOUSE, 3. Give the name, address, and a description of the nature of any business venture in which you own any interest. 4. List the names, addresses, and phone numbers of all persons who owe money to you and specify the amounts owed. 5. List the names and addresses of all banks or savings institutions where you have any sums of money deposited and identify the accounts by number. 6. List and give the present location of all items of personal property owned by you that have a value of more than $10.00. VERIFICATION STATE OF GEORGIA, COUNTY OF , being first duly sworn on oath, says the foregoing are true and com- plete answers to the interrogatories propounded by plaintiff to defendant. Sworn and subscribed before me, this __ day of __, 19_. Notary public or attesting official Defendant NOTICE YOU ARE REQUIRED TO PROVIDE COMPLETE ANSWERS TO THE ABOVE-STATED QUESTIONS TO THE PLAINTIFF WITHIN 30 DAYS AFTER SERVICE OF THESE INTERROGATORIES UPON YOU. IF YOU DO NOT ANSWER, OR DO NOT ANSWER COMPLETELY YOU MAY BECOME SUBJECT TO THE SANCTIONS PROVIDED BY LAW FOR CONTEMPT OF COURT. IF YOU NEED FURTHER INSTRUCTION OR IF YOU NEED ASSISTANCE IN ANSWERING THE QUESTIONS CONTACT THE COURT AT ONCE. (e) The court in its discretion may limit the number of times interrogatories may be propounded upon a judgment debtor, may relieve a judgment debtor of the obligation to answer one or more propounded interrogatories, and may for good cause shown enlarge the time for answering any interrogatory. The court may if necessary compel the answering of interrogatories, but the sanction of contempt shall be applied only after notice and an opportunity for hearing and a showing of willful failure to answer or willful failure to answer fully and truthfully." 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: Aaron YAdams,G Y Adams,M YAiken YAlford Alien YAnderson Y Argo YAthon Y Atkins YAuten Y Bailey Balkcom Y Bannister YBargeron Y Bamett,B Y Bamett,M Y Beck Y Benefield Benn Birdsong Bishop Bolster YBostick Y Branch Bray Brooks Brown.G Y Brown,J Y Buck Y Burruss Y Byrd Y Carter Chambless Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark.L Y Colbert Y Coleman Y Colwell Connell Cooper Y Copelan Y Couch Y Cox Y Crawford Crosby Y Cummings Daugherty Y Davis Dean N Dixon Y Dobbs Dover Dunn Y Edwards Y Evans Y Felton Y Foster Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Y Banner Y Hasty Y Hays Heard Y Hill Y Holcomb FRIDAY, MARCH 1, 1985 1859 Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson.J Y Jackson.N Y Jamieson Johnson,D Y Johnson,F Y Johnson,R Johnson.S Y Kilgore Y Kingston YLane.D YLane,B Lawler Y Lawrence Y Lawson Lee.C YLee.W Y Linder Y Logan YLong YLord Y Lucas Lupton Y Maddox Y Mangum Martin.C Martin,J Matthews Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Mostiler Moultrie Y Mueller Y Oliver.C Y OliverJD YPadgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Ramsey.V Randall Y Ransom Ray Reaves Redding Richardson Y Robinson.C Y Robinson,P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith.T YSmyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Thompson Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Walker.L Y Wall Ware Y Watson Y Watts White Wilder Y Williams,B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Y Young Murphy.Spkr On the passage of the Bill, by substitute, the ayes were 128, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 110. By: Senators Howard of the 42nd and Greene of the 26th: A BILL to amend Code Section 31-20-3 of the Official Code of Georgia Annotated, relating to sterilization of mentally incompetent persons, so as to change who may file petitions for sterilization; to provide for an examining team and reports thereby; to change the standard of proof for sterilization orders and judgments; and for other purposes. The following Committee substitute was read and withdrawn: A BILL To amend Code Section 31-20-3 of the Official Code of Georgia Annotated, relating to sterilization of mentally incompetent persons, so as to change who may file petitions for sterilization; to provide for an examining team and reports thereby; to change the standard of proof for sterilization orders and judgments; to change certain provisions relating to hearings and trials regarding applications for sterilization; 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 31-20-3 of the Official Code of Georgia Annotated, relating to sterilization of mentally incompetent persons, is amended by striking subsection (c) thereof and inserting in its place a new subsection (c) to read as follows: "(c) A sterilization procedure may be performed by a physician on a person subject to this Code section pursuant to subsection (d) of this Code section only after satisfaction of all of the following conditions precedent: (1) A petition shall be filed by one or more of the parents or legal guardian or next of kin of the person alleged to be subject to this Code section; er by the commissienef of human resources, or by the director ef ay county beard of- health, er by the county director ef- ay county department ef family aael children services in the probate court stating the reasons why such person is alleged to be subject to this Code section and containing the written consent of the parent or parents not filing the petition, if such parents are surviving, can be found after reasonable effort, and are mentally competent. If no such parent or parents survive or can be found after reasonable effort or 1860 JOURNAL OF THE HOUSE, if such parent or parents are mentally incompetent, the petition shall contain the written consent of a guardian ad litem who shall be appointed by the probate court and who shall make investigation and report to such court before the hearing shall commence, provided that such guardian ad litem shall be a duly qualified and licensed member of the State Bar of Georgia. The written consent of any parent shall not be required if such parent has not within six months of the date of filing of the petition provided any support or maintenance to the person alleged to be subject to this Code section and such parent does not reside within the same household as such person; (2) The judge of the probate court shall appoint two physicians an examining team composed of a psychologist or psychiatrist qualified in the area of mental retardation and brain damage and one physician, neither of whom is the physician who proposes to perform the sterilization procedure on the person alleged to be subject to this Code section and neither of whom is a member of the committee of the accredited hospital described in paragraph (3) of this subsection. ke physicians Said persons so appointed shall make an investigation and make a consolidated report to the court before the hearing shall commence that they have examined the person alleged to be subject to this Code section and whether or not they find such person to be a person subject to this Code section and whether, in their opinion, the condition of such person is irreversible and incurable; . Such report shall include the reasons and factual information as to why such person should be subject to this Code section and the reasons, if any, why such person would not be subject to this Code section. If the examining team determines that such person is subject to this Code section, then the team shall include in its report some of the less permanent methods of preventing conception and shall report on the feasibility of each such method for that person. The person alleged to be subject to this Code section, the applicant, the parents of the person, the guardian ad litem, and the attorney representing the person shall receive a copy of the report not later than five days prior to the hearing and, upon a timely request by any party to the probate court proceedings, each author of that report shall be subject to cross-examination either by testimony in court or by deposition; (3) Prior to the hearing on the application, evidence shall be presented to the court that a sterilization procedure has been approved for the person alleged to be subject to this Code section by a committee of the medical staff of the accredited hospital in which the operation is to be performed. Such committee shall be one established and maintained in accordance with the standards promulgated by the Joint Commission on the Accreditation of Hospitals, and its approval must be by a majority vote of a membership of not less than three members of the hospital staff, the physician proposing to perform the sterilization procedure not being counted as a member of the committee for this purpose. The approval of such committee as above specified shall be based upon a finding that the condition of the person alleged to be subject to this Code section is irreversible and incurable in the opinion of the majority of the committee as above specified; . The person alleged to be subject to this Code section, the applicant, the parents of the person, the guardian ad litem, and the attorney representing the person shall receive a copy of the consolidated report not later than five days prior to the hearing and, upon a timely request by any party to the probate court proceeding, each author of that finding shall be subject to crossexamination either by testimony in court or by deposition; (4) If the person alleged to be subject to this Code section requests that the hearing be closed to the public, the judge shall close the hearing to the public unless an overriding or compelling reason can be shown as to why such hearing should not be closed to the public. The ruling by the judge whether to open the hearing to the public or not shall be in writing. Notice of the date, time, and location of the hearing shall be provided to the person alleged to be subject to this Code section and the attorney for the person alleged to be subject to this Code section at least ten days prior to the hearing; {4} (5) After the hearing, if the judge of the probate court shall find by a tegal preponderance ef aH ef the evidence clear and convincing evidence, from the evidence FRIDAY, MARCH 1, 1985 1861 above specified^ that the person alleged to be subject to this Code section is a person subject to this Code section and that the condition of such person is irreversible and incurable, he shall enter an order and judgment authorizing the physician to perform such sterilization procedure in accordance with subsection (d) of this Code section; {&} (6) An appeal to the superior court may be had by the applicant or person alleged to be subject to this Code section or by any other interested party on such judgment in the probate court as provided in other cases by the laws of this state. The proceedings before the superior court shall constitute a trial de novo and upon application of either party shall be heard before a jury. If the person alleged to be subject to this Code section requests that the trial be closed to the public, the judge shall close the trial to the public unless an overriding or compelling reason can be shown as to why such trial should not be closed to the public. The ruling by the judge whether to open the trial to the public or not shall be in writing. Any decision of the superior court in such cases may be appealed to the higher courts of this state as in other civil cases. The cost of appeal, if any, to the superior and higher courts shall be taxed as in other civil cases. The pendency of any appeal shall stay the proceedings in the probate court until the appeal is finally determined. Affidavits in forma pauperis regarding court costs and costs of appeal may be filed as in other cases made and provided by the laws of this state; and {6} (7) The person alleged to be subject to this Code section shall have the right to counsel at all stages of the proceedings provided for herein." 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 following substitute, offered by Representative Evans of the 84th, was read and adopted: A BILL To amend Chapter 20 of Title 31 of the Official Code of Georgia Annotated, relating to performance of sterilization procedures, so as to change who may file petitions for orders regarding sterilization of mentally incompetent persons; to provide for an examining team and reports thereby; to change the standard of proof for such sterilization orders and judgments; to change certain provisions relating to hearings and trials regarding such applications for sterilization; 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 20 of Title 31 of the Official Code of Georgia Annotated, relating to performance of sterilization procedures, is amended by striking in its entirety Code Section 31-20-3, relating to sterilization of mentally incompetent persons, and inserting in its place a new Code section to read as follows: "31-20-3. (a) The General Assembly finds that the present laws of this state provide no means for the performance of sterilization procedures upon persons who, because of mental retardation, brain damage, or both, are irreversibly and incurably mentally incompetent to the degree that such persons, with or without economic aid (charitable or otherwise) from others, could not provide care and support for any children procreated by them in such a way that such children could reasonably be expected to survive to the age of 18 years without suffering or sustaining serious mental or physical harm. (b) As used in this Code section, the term 'person subject to this Code section' means a person who, because of mental retardation, brain damage, or both, is irreversibly and incurably mentally incompetent to the degree that such person, with or 1862 JOURNAL OF THE HOUSE, without economic aid (charitable or otherwise) from others, could not provide care and support for any children procreated by such person in such a way that such children could reasonably be expected to survive to the age of 18 years without suffering or sustaining serious mental or physical harm, when there has been, according to the procedures of this Code section as hereinafter stated, the required finding that the condition of such person is irreversible and incurable. (c) A sterilization procedure may be performed by a physician on a person subject to this Code section pursuant to subsection (d) of this Code section only after satisfaction of all of the following conditions precedent: (1) A petition shall be filed by one or more of the parents or legal guardian or next of kin of the person alleged to be subject to this Code section^ or by the commissioner ef human resources, or by th director of any county beard ef health, or by the county director ef any county department ef- family and children services in the probate court 01 tnc county OT residence ei sucn person alleged te -oe subject to tnis oode section stating the reasons why such person is alleged to be subject to this Code section and containing the written consent of the parent or parents not filing the petition, if such parents are surviving, can be found after reasonable effort, and are mentally competent. If no such parent or parents survive or can be found after reasonable effort or if such parent or parents are mentally incompetent, the petition shall contain the written consent of a guardian ad litem who shall be appointed by the probate court and who shall make investigation and report to such court before the hearing shall commence, provided that such guardian ad litem shall be a duly qualified and licensed member of the State Bar of Georgia. The written consent of any parent shall not be required if such parent has not within six months of the date of filing of the petition provided any support or maintenance to the person alleged to be subject to this Code section and such parent does not reside within the same household as such person; (2) The judge of the probate court shall appoint twe physicians an examining team composed of a psychologist or psychiatrist qualified in the area of mental retardation and brain damage and one physician, neither of whom is the physician who proposes to perform the sterilization procedure on the person alleged to be subject to this Code section and neither of whom is a member of the committee of the accredited hospital described in paragraph (3) of this subsection. The physicians Said persons so appointed shall make an investigation and make a consolidated report to the court before the hearing shall commence that they have examined the person alleged to be subject to this Code section and whether or not they find such person to be a person subject to this Code section and whether, in their opinion, the condition of such person is irreversible and incurable; . Such report shall include the reasons and factual information as to why such person should be subject to this Code section and the reasons, if any, why such person would not be subject to this Code section. If the examining team determines that such person is subject to this Code section, then the team shall include in its report some of the less permanent methods of preventing conception and shall report on the feasibility of each such method for that person. The person alleged to be subject to this Code section, the applicant, the parents of the person, the guardian ad litem, and the attorney representing the person shall receive a copy of the report not later than five days prior to the hearing and, upon a timely request by any party to the probate court proceedings, each author of that report shall be subject to cross-examination either by testimony in court or by deposition; (3) Prior to the hearing on the application, evidence shall be presented to the court that a sterilization procedure has been approved for the person alleged to be subject to this Code section by a committee of the medical staff of the accredited hospital in which the operation is to be performed. Such committee shall be one established and maintained in accordance with the standards promulgated by the Joint Commission on the Accreditation of Hospitals, and its approval must be by a majority vote of a membership of not less than three members of the hospital staff, the physician proposing to perform the sterilization procedure not being counted as a member of the committee for this purpose. The approval of such committee as FRIDAY, MARCH 1, 1985 1863 above specified shall be based upon a finding that the condition of the person alleged to be subject to this Code section is irreversible and incurable in the opinion of the majority of the committee as above specified; . The person alleged to be subject to this Code section, the applicant, the parents of the person, the guardian ad litem, and the attorney representing the person shall receive a copy of the consolidated report not later than five days prior to the hearing and, upon a timely request by any party to the probate court proceeding, each author of that finding shall be subject to crossexamination either by testimony in court or by deposition; (4) If the person alleged to be subject to this Code section requests that the hearing be closed to the public, the judge shall close the hearing to the public unless an overriding or compelling reason can be shown as to why such hearing should not be closed to the public. The ruling by the judge whether to open the hearing to the public or not shall be in writing. Notice of the date, time, and location of the hearing shall be provided to the person alleged to be subject to this Code section and the attorney for the person alleged to be subject to this Code section at least ten days prior to the hearing; {4} (5) After the hearing, if the judge of the probate court shall find by a legal preponderance ef H of the evidence clear and convincing evidence, from the evidence above specified^ that the person alleged to be subject to this Code section is a person subject to this Code section and that the condition of such person is irreversible and incurable, he shall enter an order and judgment authorizing the physician to perform such sterilization procedure in accordance with subsection (d) of this Code section; #} {61 An appeal to the superior court may be had by the applicant or person alleged to be subject to this Code section or by any other interested party on such judgment in the probate court as provided in other cases by the laws of this state. The proceedings before the superior court shall constitute a trial de novo and upon application of either party shall be heard before a jury. If the person alleged to be subject to this Code section requests that the trial be closed to the public, the judge shall close the trial to the public unless an overriding or compelling reason can be shown as to why such trial should not be closed to the public. The ruling by the judge whether to open the trial to the public or not shall be in writing. Any decision of the superior court in such cases may be appealed to the higher courts of this state as in other civil cases. The cost of appeal, if any, to the superior and higher courts shall be taxed as in other civil cases. The pendency of any appeal shall stay the proceedings in the probate court until the appeal is finally determined. Affidavits in forma pauperis regarding court costs and costs of appeal may be filed as in other cases made and provided by the laws of this state; and {6} (7) The person alleged to be subject to this Code section shall have the right to counsel at all stages of the proceedings provided for herein. (d) After judgment of the court in accordance with the preceding subsections of this Code section shall have become final to the effect that such sterilization shall be performed upon such person subject to this Code section, a sterilization procedure may be performed in an accredited hospital by a physician upon such person subject to this Code section." 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 substitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron YAdams,G Y Adams.M Y Aiken Y Alford Alien Y Anderson Argo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Bargeron 1864 JOURNAL OF THE HOUSE, YBarnett.B Y Harriett,M Y Beck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Bostick Y Branch Y Bray Brooks N Brown.G YBrown,J Y Buck Y Burruss YByrd Y Carter Chambless Chance Y Cheeks Y Childers Y Childs YClark.B Y Clark.L Y Colbert Y Coleman YColwell Connell Y Cooper Y Copelan Y Couch Y Coi Y Crawford Crosby Y Cummings N Daugherty Y Davis Dean YDixon Y Dobbs Y Dover YDunn Y Edwards Y Evans Y Felton Y Foster Y Galer Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Ylsakson Y Jackson,J Y Jackson.N Y Jamieson Johnson,D Y Johnson.F Y Johnson.R Johnson.S Kilgore Y Kingston Y Lane,D Y Lane,R Lawler Y Lawrence Y Lawson Lee.C Y Lee,W Y Under Y Logan Y Long Y Lord Y Lucas Lupton Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Y Moatiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Peters Pettit Y Phillips Pinkston Y Porter Raine* Y Ramsey.T Y Ramsey.V Randall Y Ransom Y Ray Y Reaves N Redding Y Richardson Y Robinson.C Y Robinson.P Ross Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,P Y Smith.T Y Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep N Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Williams,R Y Wilson Y Wood Y Workman Y Yeargin Y Young Murphy.Spkr On the passage of the Bill, by substitute, the ayes were 145, nays 4. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 11. By: Senators Barnes of the 33rd, Dean of the 31st, and Trulock of the 10th: A BILL to amend Code Section 50-7-8 of the Official Code of Georgia Annotated, relating to duties and powers of the Board of Industry and Trade, so as to provide that the Board of Industry and Trade may receive gifts, donations, or contributions from any persons; to provide that the Board of Industry and Trade and the Department of Industry and Trade may contract and make cooperative agreements, leases, and rental agreements with certain entities; and for other purposes. The following amendment was read and adopted: Representatives Kilgore of the 42nd, Smyre of the 92nd, and Burruss of the 20th move to amend SB 11 as follows: On line 10, page 2, after the word "trade", add the following: "in accordance with all applicable state laws". 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,M Aiken Y Alford Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Bailey Balkcom Y Bannister Bargeron Y Barnett.B Y Barnett,M Y Beck Y Benefield Benn FRIDAY, MARCH 1, 1985 1865 Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G Y Brown,J YBuck Y Burruss Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Evans Y Felton Y Foster YGaler Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Y Manner Y Hasty YHays Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Johnson,D Y Johnson.F Y Johnson.R Y Johnson.S Y Kilgore Y Kingston Y Lane.D Y Lane.R Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan YLong YLord Y Lucas Y Lupton Maddox Y Mangum Martin.C Martin,J Y Matthews Y McDonald McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Peters Pettit Y Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Redding Y Richardson Y Robinson.C Y Robinson.P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Smith.P Y Smith.T YSmyre Y Stancil Y Steinberg Thomas.C Y Thomas,M Y Thompson Townsend Y Triplett Y Twiggs Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Ware Y Watson Watts White Wilder Y Williams.B Y Williams,J Y Williams,R Y Wilson Wood Workman Y Yeargin Young Murphy.Spkr On the passage of the Bill, as amended, the ayes were 136, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. SR 94. By: Senator Scott of the 2nd: A RESOLUTION Creating the Joint Public Utility Rate-making Process Study Committee; and for other purposes. WHEREAS, Senate Resolution 328 created the Joint Public Utility Rate-making Process Study Committee which, in the 1984 interim, investigated a number of important issues concerning utility rates, rate making, and services; and WHEREAS, the committee was unable in the time provided to delve into issues concerning the Public Service Commission's regulation of trucking and other motor and common carriers and the natural gas industry; and WHEREAS, the committee needs to explore further telephone issues such as a statewide 911 emergency telephone system; and WHEREAS, the committee also should be given the power to monitor ongoing studies involving the Plant Vogtle nuclear plant in order to be able to address adequately important state concerns regarding the prudency of that investment and the "rate-shock" which will occur when the costs of that plant are included in the rate base of the plant owners; and WHEREAS, the committee has been somewhat hampered in obtaining testimony of experts regarding several issues which are important to the people of this state by being unable to pay these experts for their expenses and fees in so testifying. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Public Utility Rate-making Process Study 1866 JOURNAL OF THE HOUSE, Committee to be composed of seven members of the Senate to be appointed by the President of the Senate and seven members of the House of Representatives to be appointed by the Speaker thereof. The chairman of the committee shall be elected by the members of the committee at the committee's first meeting. BE IT FURTHER RESOLVED that the committee shall undertake a study of the issues mentioned above as well as any other issues involving public utilities and their regulation in this state. 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 16 days. The chairman of the committee is authorized to invite experts to testify before the committee and, if necessary and approved by the President of the Senate and the Speaker of the House of Representatives, pay their actual travel costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile, an expense allowance in the sum of $59.00 per day, and any fee charged by such witness, which fee does not exceed $100.00 per day. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the legislative branch of government. The committee shall make a report of its findings and recommendations, with any suggestions for proposed legislation, no later than December 15, 1985, at which time the committee shall stand abolished. The following Committee substitute was read and adopted: A RESOLUTION Creating the Joint Public Utility Rate-making Process Study Committee; and for other purposes. WHEREAS, Senate Resolution 328 created the Joint Public Utility Rate-making Process Study Committee which, in the 1984 interim, investigated a number of important issues concerning utility rates, rate making, and services; and WHEREAS, the committee was unable in the time provided to delve into issues concerning the Public Service Commission's regulation of trucking and other motor and common carriers and the natural gas industry; and WHEREAS, the committee needs to explore further telephone issues such as a statewide 911 emergency telephone system; and WHEREAS, the committee also should be given the power to monitor ongoing studies involving the Plant Vogtle nuclear plant in order to be able to address adequately important state concerns regarding the prudency of that investment and the "rate-shock" which will occur when the costs of that plant are included in the rate base of the plant owners; and WHEREAS, the committee has been somewhat hampered in obtaining testimony of experts regarding several issues which are important to the people of this state by being unable to pay these experts for their expenses and fees in so testifying. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Public Utility Rate-making Process Study Committee to be composed of five members of the Senate Committee on Public Utilities to be appointed by the President of the Senate and five members of the House Committee on Industry to be appointed by the Speaker of the House of Representatives. The chairman of the committee shall be elected by the members of the committee at the committee's first meeting. FRIDAY, MARCH 1, 1985 1867 BE IT FURTHER RESOLVED that the committee shall undertake a study of the issues mentioned above as well as any other issues involving public utilities and their regulation in this state. 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 five days. The chairman of the committee is authorized to invite experts to testify before the committee and, if necessary and approved by the President of the Senate and the Speaker of the House of Representatives, pay their actual travel costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile, an expense allowance in the sum of $59.00 per day, and any fee charged by such witness, which fee does not exceed $100.00 per day. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the legislative branch of government. The committee shall make a report of its findings and recommendations, with any suggestions for proposed legislation, no later than December 15, 1985, at which time the committee shall stand abolished. 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.M Aiken Y Alford Alien Y Anderson Argo Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Bostick Y Branch Bray Y Brooks Y Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Crosby Y Cummings Daugherty Y Davis Dean Dixon YDobbs Y Dover YDunn Y Edwards Y Evans Y Felton Y Foster Y Galer Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Y Manner Y Hasty YHays Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Johnson.D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane,D Y Lane,R Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under Y Logan Long YLord Lucas Y Lupton Y Maddox Y Mangum Martin.C Y Martin,J Y Matthews Y McDonald McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Peters Pettit Y Phillips Y Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Redding Y Richardson Y Robinson.C Y Robinson.P Ross Y Royal Y Russell Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Smith.P Y Smith.T Y Smyre Y Stancil Stein berg Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Walker.L Y Wall Ware Watson Watts White Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr On the adoption of the Resolution, by substitute, the ayes were 135, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: 1868 JOURNAL OF THE HOUSE, HB 229. By: Representatives Murphy of the 18th, Burruss of the 20th, Connell of the 87th, Evans of the 84th, McDonald of the 12th, and Wilson of the 20th: A BILL to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change the provisions relating to reimbursable expenses for members of the General Assembly; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change the provisions relating to the daily expense allowance and reimbursable expenses for members of the General Assembly; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, is amended by striking the first undesignated paragraph of paragraph (22) of subsection (a) in its entirety and inserting in lieu thereof a new first undesignated paragraph of paragraph (22) of subsection (a) to read as follows: "Each member of the General Assembly shall also receive the allowances provided by lawj except that each member shatt Qnd snftii receive trie Sflme nuie&^e 8.1low&nce IOP trie use ot ft person&i cflp when devoted to otiicifli Dusiness &s tii&t received fey ether state officials ad employees. The amount of the daily expense allowance which each member is entitled to receive under the provisions of Code Section 28-1-8 shall be $59.00. The mileage allowance for the use of a personal car on official business shall be the same as that received by other state officials and employees." Section 2. Said Code section is further amended by striking the second undesignated paragraph of paragraph (22) of subsection (a) in its entirety and inserting in lieu thereof a new second undesignated paragraph of paragraph (22) of subsection (a) to read as follows: "In addition to any other compensation and allowances authorized for members of the General Assembly, each member shall be reimbursed for actual expenses incurred in the performance of duties within the state as a member of the General Assembly in an amount not to exceed $4,800.00 per year. j/\)r trie purpose8 of ttte preceding sentence , d yesr sn&n oe tne Iftst dfty of .Ueccm oer HH tn&t cfllendftr yeflFj except tftst 8ctu8i expenses lor trie period iponn tfte iirst dfty of u8.nu8.ry until tne convening dftte of trie ijenep&i t\ssemDly ~m FOJ*UIQT ctie numDci* of dftys IR tnot period oy tne per diem diitep" cntial. For the purposes of this paragraph, a year shall begin on the convening date of the General Assembly in regular session each year and end on the day prior to the convening of the General Assembly in the next calendar year. These purposes! rents, legists tive flides^ district otiice or oil ices, FRIDAY, MARCH 1, 1985 1869 oitice supplies &nd infl.tenftis, oitice cQuipment, secretsrifl.1 sssistflncc, utilities, post/ft^e twnicn shfl.il not i&e used tor ft political newsletter), communications, stationery, lodging, meals, travel, and per d4e differential. Expenses shall be limited to one or more of the following purposes: per diem differential, lodging, meals, office equipment, personal services, printing and publications, rents, supplies, telecommunications, transportation, and utilities. Per diem differential shall be the difference between the daily expense allowance authorized for members of the General Assembly and the federal per diem rate in effect for the state capital as specified by the General Services Administration. Saeh expenses shaH be reimbursed upon the submission ef sworn vouchers te the legislative fiscal office. Such sworn vouchers sntli i&e flccowipsnied oy s supporting document Snowing absence ef such documentation, except that ne such supporting docuifient snflil be required lor ftny SUCH expense under miie&ge si*ow&nce tor use of ft persons! cftr. oucn expenses shall be reimbursed upon the submission of sworn vouchers to the legislative fiscal office. Such sworn vouchers shall be accompanied by a supporting document or documents showing payment for each expense claimed or an explanation of the absence of such documentation. No supporting document or documents shall be required for any expense under $25.00, for the per diem differential, or for the mileage allowance for use of a personal car. Any voucher for any expense incurred in any year as defined in this paragraph shall be submitted no later than the fifteenth of April immediately following the end of such year. No reimbursement shall be made on any voucher submitted after that date. No reimbursement shall be paid for lodging or meals for any day for which a member receives the daily expense allowance as provided in this paragraph (22). Th Legislative Services Committee is authorized expenses claimed under this paragraph. Any former member of the General Assembly may be reimbursed for expenses incurred while a member of the General Assembly upon compliance with the provisions of this paragraph. The Legislative Services Committee is empowered to provide such procedures as it deems advisable to administer the provisions of this paragraph including, but not limited to, definitions of the above list of items for which reimbursement may be made and the form of the voucher which must be submitted to the legislative fiscal office. In the event of any disagreement as to whether any reimbursement shall be made, the Legislative Services Committee shall make the final determination. In the event any reimbursement is made and it is later determined that such reimbursement was made in error, the person to whom such reimbursement was made shall remit to the legislative fiscal office the amount of money involved. In the event any such person refuses to make such remittance, the legislative fiscal office is authorized to withhold the payment of any other moneys to which such person is entitled until the amount of such reimbursement which was made in error shall be realized." 1870 JOURNAL OF THE HOUSE, 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 amendment was read and adopted: Representatives Burruss of the 20th, Isakson of the 21st, and Lee of the 72nd move to amend the Senate substitute to HB 229 as follows: By adding before the words "Per diem" on line 52, page 2, the following: "No reimbursement shall be made for any postage which is used for a political newsletter." And by adding after the word "equipment" on line 48, page 2, the word ", postage,". Representative Burruss of the 20th moved that the House agree to the Senate substitute, as amended by the House, to HB 229. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Aiken Y Alford Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Bostick Y Branch Bray Y Brooks Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Crosby Y Cummings Daugherty Y Davis NDean Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Evans Y Felton Y Foster YGaler YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson,N Y Jamieson Johnson.D Y Johnson.F Y Johnson.R Y Johnson,S Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Lawler Y Lawrence Y Lawson Lee,C YLee.W Y Under YLogan Long YLord Y Lucas Y Lupton Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Peters Pettit Y Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Smith,P Y Smith.T YSmyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Thompson Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker ,L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy.Spkr On the motion, the ayes were 150, nays 1. The motion prevailed. Representative Dean of the 29th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. FRIDAY, MARCH 1, 1985 1871 Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time: SR 4. By: Senator Kidd of the 25th: A RESOLUTION authorizing the conveyance of certain real property located in Baldwin County, Georgia; and for other purposes. The following amendment was read and adopted: The Committee on State Institutions and Property moves to amend Senate Resolution 4 by adding on page 1, line 23, after the word "RESOLVED", the following: "AND ENACTED". 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 Adams.M Y Aiken Y Alford Alien Y Anderaon YArgo YAthon Y Atkins Y Auten Bailey YBalkcom Y Bannister Bargeron Y Barnett.B Y Barnett,M YBeck Benefleld YBenn Y Birdsong Bishop Y Bolster Y Boetick Y Branch YBray Y Brooks Brown.G Brown,J Buck YBurruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch YCoi Y Crawford Crosby Y Cummings Daugherty YDavis Dean Dizon Y Dobbs Y Dover YDunn Y Edwards Y Evans Felton Y Foster YGaler YGodbee YGoodwin Greene Y Greer Y Groover Y Hamilton Y Manner Y Hasty YHays Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Y Jackson,J Y Jackson,N Y Jamieson Johnson,D Y Johnson,F Johnson,R Johnson,S Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Lawler Y Lawrence Y Lawson YLee,C Lee.W Y Under YLogan Long YLord Lucas Y Lupton Maddoz Y Mangum Y Martin.C Y Martin,J Y Matthews McDonald Y McKelvey McKinney Y Milan, Y Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Peters Pettit Y Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom Ray Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,P Ross Y Royal Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Smith.P Y Smith,T Smyre Y Stancil Y Steinberg Thomas.C Y Thomas.M Thompson Townsend Y Triplet! YTwiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White Wilder Y Wffliams.B Y Williams,J Y Waiiams,R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy.Spkr On the adoption of the Resolution, as amended, the ayes were 134, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. SB 59. By: Senators Gillis of the 20th, Bryant of the 3rd, and Ray of the 19th: A BILL to amend Code Section 43-51-2 of the Official Code of Georgia Annotated, relating to definitions used in the "Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts Act," so as to amend the definition of wastewater treatment plant; and for other purposes. 1872 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.M Y Aiken Y Alford Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Bailey Balkcom Y Bannister Bargeron Y Barnett,B Y Barnett.M YBeck Benefield Y Benn Y Birdsong Bishop Y Bolster Y Bostick Y Branch Bray Y Brooks Brown.G Brown,J Buck Y Burruss YByrd Y Carter Chambless Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark.L Y Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Crosby Y Cummings Daugherty Y Davis Dean Dixon Dobbs Y Dover Y Dunn Y Edwards Y Evans Felton Y Foster Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Hanner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Johnson.D Y Johnson,F Johnson.R Y Johnson.S Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Lawler Y Lawrence Y Lawson Y Lee.C Lee.W Y Linder Y Logan Long YLord Lucas Y Lupton Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Peters Pettit Y Phillips Pinkston Porter Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Ray Reaves Y Redding Y Richardson Robinson.C Y Robinson.P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Smith,? Y Smith.T Smyre Y Stancil Y Steinberg Thomas.C Y Thomas.M Thompson Y Townsend Y Triplet! Y Twiggs Y Waddle Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White Wilder Y Williams.B Y Williams,J Williams.R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy.Spkr On the passage of the Bill, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 157. By: Senators Kennedy of the 4th and Kidd of the 25th: A BILL to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to comprehensively revise the provisions of the "Georgia Youthful Offender Act of 1972"; and for other purposes. 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.M Aiken Alford Alien Y Anderson YArgo Y Athon ' Y Atkins Y Auten Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Benefield YBenn Y Birdsong Y Bishop Bolster Y Bostick Y Branch Bray Y Brooks Brown.G Y Brown,J Buck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Y Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Crosby Y Cummings Daugherty Y Davis Dean Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Evans Y Felton Y Foster Y Galer Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Hanner FRIDAY, MARCH 1, 1985 1873 Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Y Jackson,J Y Jackson.N Y Jamieson Johnson,D Y Johnson,F Johnson.R Y Johnson,S Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder YLogan Long YLord Lucas Y Lupton Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Peters Pettit Y Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom Ray Reaves Y Redding Y Richardson Y Robinson,C Y Robinson,? Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Smith,P Y Smith.T Smyre Y Stancil Y Steinberg Thomas.C Y Thomas.M Thompson Y Townsend Y Triplett Y Twiggs Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy,Spkr On the passage of the Bill, the ayes were 137, nays 0. The Bill, having received the requisite constitutional majority, was passed. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 623. By: Representatives Isakson of the 21st, Johnson of the 21st, Cooper of the 20th, Aiken of the 21st, Atkins of the 21st, and Wilder of the 21st: A BILL to create a board of elections and registration in Cobb County; and for other purposes. The following Senate substitute was read: A BILL To create a board of elections and registration in Cobb County; to provide for the powers and duties of the board; to provide for the appointment of the members of the board; to provide for qualifications of members; to provide for the filling of vacancies; to provide for an election supervisor and other employees of the board; to provide for the compensation of members of the board, the election supervisor, and the employees; to provide for the organization, meetings, and procedures of the board; to provide for the selection of a chairman of the board; to provide for facilities, equipment, and supplies; to provide for the duties of the election supervisor; to provide for contracts with certain municipalities; to transfer duties and powers; to abolish the board of registrars; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) Pursuant to the authorization contained in Code Section 21-2-40 of the O.C.G.A., there is created the Cobb County Board of Elections and Registration. (b) The board shall be empowered with all the powers and duties relating to the conduct of elections as election superintendents as provided in Title 21 of the O.C.G.A. and shall be empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as boards of registrars as provided in Title 21 of the O.C.G.A. (c) This Act is intended to implement the provisions of Code Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that purpose. Section 2. (a) The board shall be composed of five members, each of whom shall be an elector and a resident of Cobb County. 1874 JOURNAL OF THE HOUSE, (b) One member shall be appointed by the chairman of the county executive committee of the political party whose candidates received the largest number of votes in this state for members of the General Assembly at the last preceding general election; one member shall be appointed by the chairman of the county executive committee of the political party whose candidates received the next largest number of votes in this state for members of the General Assembly at the last preceding general election; one member shall be appointed by the chairman of the county governing authority; and two members, one of whom shall reside in the portion of Cobb County included within House District No. 20 and one of whom shall reside in the portion of Cobb County included within House District No. 21, shall be appointed by the members of the General Assembly who represent all or any portion of Cobb County. The initial member appointed by the chairman of the governing authority and the initial members appointed by the members of the General Assembly representing Cobb County shall serve for terms of four years and until their successors are appointed and qualified. The initial members appointed by the chairman of the executive committees of the political parties shall serve for terms of two years and until their successors are appointed and qualified. Thereafter, all members of the board of elections and registration shall be appointed for terms of four years and until their successors are appointed and qualified. Section 3. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office, and the position of any member shall be deemed vacant upon such member qualifying as a candidate for elective public office. Section 4. The appointment of each member shall be made by the respective appointing authority filing an affidavit with the clerk of the superior court no later than 30 days preceding the date at which such member is to take office stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such member to the Secretary of State and shall provide for the issuance of appropriate commissions to the members and chairman within the same time and in the same manner as provided by law for registrars. Section 5. Each member of the board shall be eligible to succeed himself for one term and shall have the right to resign at any time by giving written notice of his resignation to the respective appointing authority and to the clerk of the superior court. Each member of the board shall be subject to removal from the board at any time, for cause after notice and hearing, and in the same manner and by the same authority as provided for removal of registrars. Section 6. In the event a vacancy occurs in the office of any member before the expiration of his term by removal, death, resignation, or otherwise, the respective appointing authority shall appoint a successor to serve the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members. Section 7. The first members of the board under this Act shall take office on July 1, 1985. Before entering upon his duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Section 8. (a) The board of elections and registration shall employ a full-time election supervisor to administer and supervise the conduct of elections and primaries and the registration of electors of the county and such other employees as the governing authority of Cobb County shall approve. The board of elections and registration shall appoint the election supervisor who shall serve for a period of four years and until his successor is appointed and qualified. The election supervisor shall be subject to removal from the board at any time for cause, after notice and a hearing, and in the same manner and by the same authority as provided for the removal of registrars. (b) The board shall act within 60 days of its members taking office under this Act to retain or appoint an election supervisor, who shall be hired by the board from a job FRIDAY, MARCH 1, 1985 1875 description drawn by said board. The current election administrator shall act as election supervisor until an election supervisor is retained or appointed as provided in this section. (c) The compensation of the chairman and other members of the board of elections and registration, clerical assistants, and other employees of the board shall be as fixed by the governing authority of the county. Such compensation shall be paid from county funds. (d) The election supervisor and other employees of the board shall receive such compensation as the governing authority of Cobb County shall determine. (e) The governing authority of Cobb County shall provide proper and suitable office space, equipment, and supplies. Compensation provided for in this section shall be paid from county funds. Section 9. (a) The election supervisor shall generally supervise, direct, and control the administration of the affairs of the board of elections and registration pursuant to law and duly adopted resolutions of the board. (b) The board shall be authorized and empowered to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. Action and decision by the board shall be by a majority of the members of the board. The first chairman of the board of elections and registration shall be the first member of the board appointed by the chairman of the governing authority; thereafter, the board shall elect one of its members to serve as chairman at the pleasure of the board. (c) The board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. The board shall hold regular monthly meetings. Any special called meetings shall be called by the chairman or any three members. The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be made available for the public to review. Section 10. The board of elections and registration shall have the authority to contract with any municipality located within Cobb County for the holding by the board of any primary or election to be conducted within the municipality. Section 11. Effective July 1, 1985, the superintendent and the board of registrars in Cobb County shall be relieved of all powers and duties to which the board of elections and registration succeeds by the provisions of this Act and shall deliver to the board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties. At such time, the board of registrars in Cobb County shall stand abolished. Section 12. All laws and parts of laws in conflict with this Act are repealed. Representative Isakson of the 21st moved that the House agree to the Senate substitute to HB 623. 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 insists on its amendment to the following Resolution of the House: HR 74. By: Representatives Hooks of the 116th, Edwards of the 112th, Chambless of the 133rd, Greene of the 130th, Cox of the 141st, and others: A RESOLUTION creating the Joint Tandem Trailer Access to Public Roads Study Committee; and for other purposes. 1876 JOURNAL OF THE HOUSE, The Senate has agreed to the House amendment, as amended by the Senate, to the following Resolution of the Senate: SR 27. By: Senators Gillis of the 20th, Reddish of the 6th, and Bryant of the 3rd: A RESOLUTION authorizing the conveyance of certain state owned real property located in Camden County, Georgia, to the United States of America and the acceptance of certain real property owned by the United States of America located in Camden County, Georgia, in consideration therefor; 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 14. By: Representative Bolster of the 30th: A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that when a youth in the custody of the Division of Youth Services is tried as an adult and convicted of a felony, such youth shall no longer be subject to the jurisdiction and custody of the Division of Youth Services; and for other purposes. The President has apointed on the part of the Senate the following: Senators Langford of the 35th, Scott of the 2nd, and Hudgins of the 15th. The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House: HB 226. By: Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, and Benefield of the 72nd: A BILL to make and provide appropriations for the fiscal year beginning July 1, 1985 and ending June 30, 1986; and for other purposes. The President has appointed on the part of the Senate the following: Senators Starr of the 44th, Holloway of the 12th, and Kennedy of the 4th. The following communication from the Honorable Max Cleland, Secretary of State, was received: State of Georgia Office of Secretary of State I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons, numbered 683 through 688, who have registered in the Docket of Legislative Appearance as of March 1, 1985, 3:00 p.m., in accordance with Georgia Laws, p. 695 as the same appears on file and record in this office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 1st day of March in the year of our Lord One Thousand Nine Hundred and Eightyfive and of the Independence of the United States of America the Two Hundred and Ninth. /s/ Max Cleland Secretary of State (SEAL) FRIDAY, MARCH 1, 1985 1877 683. James A. Brown SCN 1930 Flat Shoal Road, Apt. B5 Atlanta, Georgia 30037 684. Mark A. Hall Charter Medical Corp. 2200 First Atlanta Tower Atlanta, Georgia 30383 685. Bruce Widener REGISTERED AGENT G.U.G.A. Yancey Brothers Company Ga. Equipment District Assn. Ga. Drillers Anns. C.A.A.G. Mrs. Kinser's Foods Independent Insurance Agents Assn. of Atlanta Ga. Society CPCU 1847 Peeper Road Dunwoody, Georgia 30338 686. Hugh Peterson, Jr. General Electric Credit Corp. 2500 Trust Co. Tower Atlanta, Georgia 30303 687. Vader Loomis American Automotive Chamber of Commerce P. O. Box 16911 Orlando, Florida 32861 688. S. Fred Murphy Ga. Automotive Parts Assn. 2193 Northlake Pkwy. Suite 35 Tucker, Georgia 30084 Pursuant to HR 310, adopted by the House and Senate, the Speaker Pro Tern announced the House adjourned until 10:00 o'clock, A.M., Monday, March 4, 1985. 1878 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Monday, March 4, 1985 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 Richard B. Lankford, Pastor, Springfield Baptist Church, Hogansville, Georgia. Representative Balkcom of the 140th, 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 committees: HB 1088. By: Representative Ware of the 77th: A BILL to provide for the election of members of the Heard County Board of Education; to provide for five education districts; to provide for qualifications of the members of the board; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1089. By: Representatives Robinson of the 58th, Workman of the 51st, Redding of the 50th, Williams of the 54th, Williams of the 48th, and others: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the authority of the Board of Education of DeKalb County to establish, acquire, construct, maintain, and operate a junior college; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1090. By: Representative Robinson of the 58th: A BILL to amend Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electrical MONDAY, MARCH 4, 1985 1879 service, so as to provide for and require electric capacity certification; to define certain terms; and for other purposes. Referred to the Committee on Industry. HB 1091. By: Representative Ross of the 82nd: A BILL to provide homestead exemptions from Wilkes County and Wilkes County school district ad valorem taxes; to provide requirements to be eligible to claim such exemptions; to provide definitions; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1092. By: Representatives Martin of the 26th, Byrd of the 153rd, and Thomas of the 69th: A BILL to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to the parent and child relationship, so as to change the provisions relating to the reporting of child abuse; and for other purposes. Referred to the Committee on Human Relations & Aging. HB 1093. By: Representatives Ray of the 98th, Greene of the 130th, and Crawford of the 5th: A BILL to amend Code Section 43-31-3 of the Official Code of Georgia Annotated, relating to the recording of certain sales by pecan dealers, so as to provide that such dealers shall make a record of the driver's license number and motor vehicle license plate number of the seller or seller's representative who transports or ships such pecans to such dealer; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. HB 1094. By: Representatives Peters of the 2nd and Ramsey of the 3rd: A BILL to amend an Act placing the coroner of Catoosa County on an annual salary, so as to increase the salary of the coroner; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1095. By: Representative Rainey of the 135th: A BILL to amend an Act creating a board of commissioners of Dooly County, so as to change the provisions relative to the compensation of the chairman and other members of said board of commissioners; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1096. By: Representatives Auten of the 156th, Lane of the lllth, Wilder of the 21st, Porter of the 119th, and Phillips of the 120th: A BILL to amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the coastal area of Georgia, so as to provide procedures and requirements for the protection and preservation of natural resources and the environment within the coastal zone; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1097. By: Representatives Auten of the 156th, Lane of the lllth, Wilder of the 21st, Porter of the 119th, and Phillips of the 120th: A BILL to amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, sand dunes, etc., so as to change the definition of 1880 JOURNAL OF THE HOUSE, a certain term under the "Shore Assistance Act of 1979"; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1098. By: Representative Edwards of the 112th: A BILL to amend an Act changing the number of members of the county board of education of Taylor County, so as to provide for new education districts; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1099. By: Representatives Colwell of the 4th and Twiggs of the 4th: A BILL to amend an Act creating a county commissioner of Gilmer County and an advisory board of Gilmer County, so as to change the compensation of the commissioner; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1100. By: Representative Shepard of the 71st: A BILL to amend Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, so as to provide that the adjutant general, assistant adjutant general for army, and assistant adjutant general for air shall occupy certain positions of the organized militia and may not occupy any position which can be filled by a member of the organized militia; and for other purposes. Referred to the Committee on Defense & Veterans Affairs. HB 1101. By: Representatives Byrd of the 153rd and Moody of the 153rd: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Wayne County to levy a tax not to exceed one-half mill for industrial development purposes; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1102. By: Representatives Walker of the 115th, Watson of the 114th, and Waddle of the 113th: A BILL to amend an Act creating the Houston Judicial Circuit, so as to change provisions relating to the compensation and salary supplements of the judges of the Houston Judicial Circuit; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1103. By: Representatives Colwell of the 4th and Twiggs of the 4th: A BILL to provide for a board of registrations and elections for Fannin County; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1104. By: Representatives White of the 132nd and Young of the 134th: A BILL to amend an Act creating the Dougherty County School System, so as to provide for the election of the Dougherty County Board of Education; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 330. By: Representative Thompson of the 20th: A RESOLUTION designating the Colonel Mancel Newman Bridge; and for other purposes. Referred to the Committee on Transportation. MONDAY, MARCH 4, 1985 1881 HR 331. By: Representative White of the 132nd: A RESOLUTION proposing an amendment to the Constitution so as to provide that members of boards of education shall be elected; to provide that school superintendents shall be appointed by their respective boards of education; and for other purposes. Referred to the Committee on Education. HR 332. By: Representative Lawler of the 20th: A RESOLUTION creating the House Land Use Planning Procedures Study Committee; and for other purposes. Referred to the Committee on Rules. HR 334. By: Representative Argo of the 68th: A RESOLUTION creating the Telephone Harassment Study Committee; and for other purposes. Referred to the Committee on Rules. HR 362. By: Representatives Ware of the 77th, Childers of the 15th, Chambless of the 133rd, Lawson of the 9th, Hooks of the 116th, and others: A RESOLUTION creating the Hospital Cost Containment Study Committee; and for other purposes. Referred to the Committee on Rules. By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time: HB 1085 HB 1086 HB 1087 SB 271 SR 184 Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 957 Do Pass HB 1052 Do Pass HB 1053 Do Pass HB 1080 Do Pass HB 1081 Do Pass HB 1082 Do Pass HB 1083 Do Pass SB 230 Do Pass, as Amended Respectfully submitted, Adams of the 36th Chairman Representative Triplett of the 128th District, Chairman of the Committee on Transportation, submitted the following report: Mr. Speaker: Your Committee on Transportation has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: 1882 JOURNAL OF THE HOUSE, SB 148 Do Pass, by Substitute Respectfully submitted, Triplett of the 128th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR MONDAY, MARCH 4, 1985 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 37th Legislative Day as enumerated below: HR 89 Children and Youth Study Committee: Create SB 113 State Employees: Flexible Employee Benefit Plan SB 116 Baldwin County: Ad Valorem Tax Exemption SB 129 Criminal Procedure: Guilty But Mentally 111 SB 204 Insurance Coverage: Blind Persons: Cert. Prohibitions SB 205 Stone Mountain Memorial Association: Membership SB 213 Emergency Mgmt. Div.: Department of Defense: Executive Dir. SB 216 Bank Holding Co.: Subsidiaries Acquire Branch Banking SB 219 Drug Dependency or Abuse: Treatment Programs: License SB 221 Fulton County: Bd. of Health: Create: Population Class. SB 232 Timber Sales: Purchaser Furnish Cert. Information SB 234 Civil Practice: Action on Behalf of Infant: Bond SB 240 Criminal Trespass: Damage to Property SB 253 Law Enforcement Officer Appreciation Day: February 10th SB 256 Boll Weevil: Eradication SB 257 Ga. Insurance Code: Amend Provisions SR 106 Emanuel County: Convey Property Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, Is./ Lee of the 72nd Chairman By unanimous consent, all House Bills and Resolutions passed today were ordered immediately transmitted to the Senate. By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 957. By: Representative Bolster of the 30th: A BILL to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb and creating a new charter for that city, so as to authorize the city to have and be author- ized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law"; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. MONDAY, MARCH 4, 1985 1883 The Bill, having received the requisite constitutional majority, was passed. HB 1052. By: Representative Adams of the 36th: A BILL to amend the charter of the City of College Park, Georgia, so as to modify the provisions relating to ad valorem taxation; and for other purposes. The report 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 1053. By: Representative Adams of the 36th: A BILL to amend the charter of the City of College Park, Georgia, so as to increase the amount of the homestead exemption from city ad valorem taxation to resident homeowners in 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 1080. By: Representative Bray of the 91st: A BILL to create a new charter for the Town of Moreland; and for other purposes. The report 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 1081. By: Representative Ross of the 82nd: A BILL to amend an Act placing the clerk of the superior court in Warren County on an annual salary, so as to provide for 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 1082. By: Representative Ross of the 82nd: 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. The report 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. 1884 JOURNAL OF THE HOUSE, HB 1083. By: Representative Heard of the 43rd: A BILL to amend an Act creating a new charter for and reincorporating the Town of Tyrone, so as to provide for the town council composed 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. SB 230. By: Senators Harrison of the 37th, Barnes of the 33rd, Tolleson of the 32nd, and Brantley of the 56th: A BILL to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to change the provisions relating to the compensation of the chairman and other members of the board of education; and for other pur- poses. The following amendment was read and adopted: The Committee on State Planning & Community Affairs moves to amend SB 230 by striking from Section 1, beginning on line 15 of page 1 and continuing through line 1 of page 2, the following: "(d) Each member of the board of education of Cobb County, except for the chairman, shall receive an annual salary of $10,200.00, to be paid in equal monthly installments from the funds of the board of education; provided, however, that on and after January 1, 1986, such members shall receive an annual salary of $12,000.00, to be paid in equal monthly installments from the funds of the board of education. The chairman shall receive an annual salary of $11,400.00, to be paid in equal monthly installments from the funds of the board of education; provided, however, that on and after January 1, 1986, the chairman shall receive an annual salary of $13,200.00, to be paid in equal monthly installments from the funds of the board of education.", and inserting in lieu thereof the following: "(d) Each member of the board of education of Cobb County, except for the chairman, shall receive an annual salary of $10,000.00, to be paid in equal monthly installments from the funds of the board of education. The chairman shall receive an annual salary of $11,000.00, to be paid in equal monthly installments from the funds of the board of education." 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 House and Senate: MONDAY, MARCH 4, 1985 1885 HB 536. By: Representatives Pettit of the 19th and Childers of the 15th: A BILL to amend an Act creating the office of tax commissioner of Bartow County, so as to change the compensation of the tax commissioner of Bartow County; and for other purposes. HB 813. By: Representative Birdsong of the 104th: A BILL to amend an Act creating and establishing a charter for the Town of Ivey, so as to change election procedures to conform to general law; and for other purposes. HB 814. By: Representative Birdsong of the 104th: A BILL to amend an Act incorporating the Town of Irwinton and granting a charter to said town, so as to change the name of the municipal corporation to the City of Irwinton; to provide for appointment of the chief of police; and for other purposes. HB 893. By: Representatives Clark of the 13th and Milford of the 13th: A BILL to create and incorporate the City of Royston in the Counties of Franklin, Hart, and Madison and grant a new charter to that municipality under such corporate name and style; and for other purposes. HB 894. By: Representatives Clark of the 13th, Yeargin of the 14th, and Milford of the 13th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation, powers, authority, funds, purposes, and procedures of the Madison County Industrial Development and Building Authority; and for other purposes. HB 895. By: Representatives Clark of the 13th, Yeargin of the 14th, and Milford of the 13th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the election, qualifications, and terms of office of members of the Board of Education of Madison County; and for other purposes. HB 897. By: Representative Clark of the 13th: A BILL to amend an Act abolishing the present mode of compensating the clerk of the superior court, the judge of the probate court, the tax commissioner, and the coroner of Madison County, known as the fee system, and providing in lieu thereof annual salaries for such officers, so as to change the compensation of the clerk of the superior court, the judge of the probate court, and the tax commissioner; and for other purposes. HB 898. By: Representative Clark of the 13th: A BILL to amend an Act abolishing the present mode of compensating the sheriff of Madison County, known as the fee system, and providing in lieu thereof annual salaries for said officer, so as to change the compensation of the sheriff; and for other purposes. HB 899. By: Representative Clark of the 13th: A BILL to provide for the membership of the Madison County Industrial Development and Building Authority; and for other purposes. HB 903. By: Representatives Yeargin of the 14th and Clark of the 13th: A BILL to amend an Act creating a board of commissioners of Madison County, so as to provide for salaries and expenses of the chairman and board members; to provide for a car or truck for the chairman and the foreman of public works; and for other purposes. 1886 JOURNAL OP THE HOUSE, HB 927. By: Representatives Watson of the 114th, Waddle of the 113th, and Walker of the 115th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which provided that in Houston County, in addition to the county seat, branch offices may be established by the governing authority of the county for the conduct of county business and by the board of education for the conduct of matters pertaining to education; and for other purposes. HB 928. By: Representatives Watson of the 114th, Waddle of the 113th, and Walker of the 115th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorized the Board of Education of Houston County to make grants for the purpose of educating or training certain handicapped citizens of Houston County; and for other purposes. HB 929. By: Representatives Watson of the 114th, Waddle of the 113th, and Walker of the 115th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorized the General Assembly to create a special court in Houston County; and for other purposes. HB 930. By: Representatives Watson of the 114th, Waddle of the 113th, and Walker of the 115th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which created the Houston County Development Authority; and for other purposes. HB 937. By: Representatives Smith of the 16th, McKelvey of the 15th, and Childers of the 15th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation of the Rome-Floyd County Development Authority and provisions for its powers, authorities, funds, purposes, and procedures connected therewith; and for other purposes. HB 959. By: Representative Lane of the lllth: A BILL to reincorporate and provide a new charter for the City of Oliver in Screven County; and for other purposes. SB 283. By: Senator Harrison of the 37th: A BILL to amend an Act re-creating and reincorporating the City of Woodstock, so as to change the corporate boundaries of the city; and for other purposes. SB 284. By: Senator Bowen of the 13th: A BILL to create a new charter for the Town of Byromville, Georgia; and for other purposes. SB 286. By: Senator Tolleson of the 32nd: A BILL to amend an Act creating a new charter for the City of Smyrna, so as to provide for terms of office of the mayor and councilmen; and for other purposes. SB 272. By: Senators Bryant of the 3rd and Reddish of the 6th: A BILL to amend an Act placing the Sheriff of Glynn County on an annual salary, so as to change the provisions relating to automobiles for the sheriffs office; and for other purposes. SB 274. By: Senators Harrison of the 37th, Tolleson of the 32nd, and Brantley of the 56th: A BILL to amend an Act creating a board of commissioners for MONDAY, MARCH 4, 1985 1887 Cobb County, so as to change the compensation provisions relating to the members of the board of commissioners; and for other purposes. SB 275. By: Senators Harrison of the 37th, Tolleson of the 32nd, Brantley of the 56th, and Barnes of the 33rd: A BILL to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb County, so as to change the provisions relating to the compensation of the tax commissioner; and for other purposes. SB 276. By: Senators Harrison of the 37th, Barnes of the 33rd, Tolleson of the 32nd, and Brantley of the 56th: A BILL to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court; and for other purposes. SB 278. By: Senator Foster of the 50th: A BILL to amend an Act creating the office of commissioner of Dawson County, so as to change the provisions relating to the compensation of said commissioner; and for other purposes. SB 279. By: Senator Engram of the 34th: A BILL to amend an Act providing a new charter for the City of Union City, Georgia, so as to provide for the appointment of an associate judge; to provide for his powers, duties, and qualifications; and for other purposes. SB 280. By: Senator Cobb of the 28th: A BILL to amend an Act reincorporating the City of Senoia in Coweta County and providing a new charter for said city, so as to change the corporate limits of said city; and for other purposes. SB 281. By: Senator Foster of the 50th: A BILL to amend an Act creating the Etowah Water and Sewer Authority, so as to change the provisions relating to the issuance of revenue bonds by the Authority; and for other purposes. SB 282. By: Senator Foster of the 50th: A BILL to authorize the governing authority of Dawson County to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county; and for other purposes. HB 56. By: Representative Ware of the 77th: A BILL to amend Article 2 of Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to surplus line insurance, so as to change the provisions relative to the bonds to be executed by applicants prior to their licensure as surplus line brokers; and for other purposes. HB 69. By: Representatives Robinson of the 58th, Johnson of the 72nd, and Jackson of the 65th: A BILL to amend Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Time-Share Act," so as to change the content of public offering statements; and for other purposes. HB 83. By: Representatives Chambless of the 133rd, Thomas of the 69th, Evans of the 84th, Walker of the 115th, and Robinson of the 96th: A BILL to amend Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to parental power and control over children and the recovery for the homicide 1888 JOURNAL OF THE HOUSE, of a child, so as to provide that actions to recover the full value of the life of a child shall be brought as provided in Chapter 4 of Title 51; and for other purposes. HB 157. By: Representatives Ware of the 77th, Bray of the 91st, Connell of the 87th, Hooks of the 116th, and Walker of the 115th: A BILL to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to entitle persons who are 70 years of age or older to request the board of jury commissioners to remove their names from the jury list; and for other purposes. HB 171. By: Representative Evans of the 84th: A BILL to amend Article 17 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, pertaining to provisions relating to the Secretary of State, so as to provide for investigatory authority and subpoena power to the Secretary of State; to provide for the payment of fees and mileage for sheriffs, witnesses, or other persons; and for other purposes. HB 220. By: Representatives Porter of the 119th, Jackson of the 9th, and Barnett of the 10th: A BILL to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to make it unlawful knowingly to sell, transfer, or convey any motor vehicle which was not manufactured to comply with certain federal emission and safety standards unless and until such motor vehicle is certified as complying with such applicable standards; and for other purposes. HB 221. By: Representatives Porter of the 119th and Jackson of the 9th: A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that the State revenue commissioner and the Department of Revenue shall not issue a certificate of registration and shall not issue a certificate of title to any motor vehicle which was not manufactured to comply with any federal emission and safety standards applicable to new motor vehicles; and for other purposes. HB 266. By: Representatives Milford of the 13th, Aaron of the 56th, Mostiler of the 75th, and Martin of the 60th: A BILL to amend Code Section 34-8-152 of the Official Code of Georgia Annotated, relating to eligibility for benefits of certain persons, so as to provide for denial of benefits to professional and nonprofessional employees of educational institutions between academic years or terms and during an established and customary vacation or holiday; and for other purposes. HB 277. By: Representatives Rainey of the 135th, Twiggs of the 4th, Peters of the 2nd, Oliver of the 121st, Hays of the 1st, and Moody of the 153rd: A BILL to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the preservation and promotion of historic areas, so as to provide for administrative and judicial review of certain orders and actions of the Department of Natural Resources; to amend the duties of the state archeologist; and for other purposes. HB 301. By: Representatives Martin of the 60th, Holcomb of the 72nd, Greene of the 130th, Coleman of the 118th, Jackson of the 9th, and others: A BILL to amend Code Section 40-6-163 of the Official Code of Georgia Annotated, relating to the duty of drivers of vehicles meeting or overtaking school buses, MONDAY, MARCH 4, 1985 1889 so as to authorize and direct any school bus driver to record certain information relative to motor vehicles which overtake from either direction any school bus stopped on the highway for the purpose of loading or unloading school children; and for other purposes. HB 314. By: Representative Johnson of the 72nd: A BILL to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide for editorial revision; to define certain terms; to delete the requirement of approval by the Secretary of State of appointments to the Georgia Real Estate Commission; and for other purposes. HB 430. By: Representatives Bolster of the 30th, Adams of the 36th, Wilson of the 20th, Burruss of the 20th, and Dover of the llth: A BILL to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide a new Chapter 44, relating to additional redevelopment powers for counties and municipalities; and for other purposes. HB 436. By: Representative Colwell of the 4th: A BILL to amend Article 2 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to administrative space management, so as to authorize the Department of Administrative Services to enter into lease contracts for administrative space to be constructed to its specifications; and for other purposes. HB 491. By: Representative Bray of the 91st: A BILL to amend Code Section 45-20-11 of the Official Code of Georgia Annotated, relating to audits of merit system operations and report of audit findings, so as to abolish quadrennial operational audits of state merit system operations by the state auditor; to remove certain criteria that the state auditor is requested to follow in conducting such audits; and for other purposes. HB 507. By: Representative Watson of the 114th: A BILL to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions generally with respect to public utilities and public transportation, so as to change the definition of the term "private carrier"; to provide that certain motor vehicles which transport hazardous materials shall be subject to certain safety regulations promulgated by the Public Service Commission; and for other purposes. HB 543. By: Representative Charnbless of the 133rd: A BILL to amend Code Section 49-4-146.1 of the Official Code of Georgia Annotated, relating to obtaining or attempting to obtain medical assistance benefits or payments through false representation and fraud, so as to provide for definitions; to authorize the Department of Medical Assistance to take certain actions regarding providers and persons having certain interests relating thereto; and for other purposes. HB 643. By: Representative Adams of the 36th: A BILL to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to the licensure of athletic trainers, so as to change the persons to whom licenses may be granted; and for other purposes. HB 692. By: Representatives Milford of the 13th and Clark of the 13th: A BILL to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length of vehicles and loads, so as to provide that flat-bed motor vehicle carriers shall not carry a load exceeding 65 feet in length; to provide 1890 JOURNAL OF THE HOUSE, that subsection (a) of Code Section 32-6-24, which provides that no trailer shall exceed 45 feet in length, shall not apply to flat-bed motor vehicle carriers; and for other purposes. HB 737. By: Representatives Pannell of the 122nd, Alien of the 127th, Triplett of the 128th, Hamilton of the 124th, Kingston of the 125th, and Mueller of the 126th: A BILL to repeal an Act approved April 6, 1981, providing for the advance deposit toward court costs in the state courts of the 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 census; and for other purposes. HB 761. By: Representative Adams of the 36th: A BILL to amend Code Section 48-5-137 of the Official Code of Georgia Annotated, relating to tax collectors and tax commissioners as ex officio sheriffs, so as to change the provisions relative to exceptions to the requirement of written consent of the sheriffs of certain counties; and for other purposes. HB 776. By: Representatives Burruss of the 20th, Connell of the 87th, Murphy of the 18th, McDonald of the 12th, Wilson of the 20th, and Evans of the 84th: A BILL to amend Code Section 28-4-2 of the Official Code of Georgia Annotated, relating to the power and authority of the Legislative Services Committee, so as to change the provisions relating to maintenance, repair, construction, renovation, refurbishing, and furnishing of legislative areas; to amend Code Section 45-12-78 of the Official Code of Georgia Annotated, relating to annual budget estimates, so as to authorize funds to be transferred; and for other purposes. HB 783. By: Representative McDonald of the 12th: A BILL to amend Code Section 50-6-27 of the Official Code of Georgia Annotated, relating to the preparation of an annual personnel report by the state auditor, so as to remove the provision directing that a copy of the report be furnished each member of the General Assembly; to provide that the state auditor shall furnish each member of the General Assembly a card or form to enable a member to request a copy of such report; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House: HB 13. By: Representative Richardson of the 52nd: A BILL to amend Code Section 31-15-3 of the Official Code of Georgia Annotated, relating to membership of the Cancer Advisory Committee, so as to change the membership thereof and provide for terms and qualifications of members; and for other purposes. HB 362. By: Representatives Smyre of the 92nd, Walker of the 115th, Coleman of the 118th, and Benefield of the 72nd: A BILL to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to change the provisions relating to the payment of a clothing allowance to members of the Uniform Division assigned permanently to personal security or special duty assignments; and for other purposes. HB 679. By: Representative Smith of the 152nd: A BILL to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to authorize barbershops to employ certain persons without being required to MONDAY, MARCH 4, 1985 1891 be licensed as beauty shops or salons; to change the requirements for a license to teach barbering; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House: HB 188. By: Representatives Bargeron of the 108th, Ross of the 82nd, Cox of the 141st, Godbee of the 110th, Moultrie of the 93rd, and others: A BILL to amend Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election districts and polling places, so as to provide that at a run-off primary in any county only a single polling place shall be open if the run-off primary is for the purpose of nominating candidates of only one political party and fewer than 1 percent of the county's registered voters voted at the primary of the political party; and for other purposes. The Senate has adopted, as amended, by the requisite constitutional majority the following Resolution of the House: HR 11. By: Representatives Alien of the 127th, Hamilton of the 124th, and Triplet! of the 128th: A RESOLUTION creating the House Teenage and Youth Unemployment Study Committee; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolutions of the House: HR 99. By: Representative Johnson of the 72nd: A RESOLUTION compensating Mr. David M. Burns; and for other purposes. HR 51. By: Representative Parham of the 105th: A RESOLUTION compensating the Baldwin County Board of Commissioners; and for other purposes. HR 113. By: Representatives Benefield of the 72nd, Holcomb of the 72nd, Johnson of the 72nd, and Bailey of the 72nd: A RESOLUTION compensating Ms. Charlotte Chancellor; and for other purposes. HR 119. By: Representative Ray of the 98th: A RESOLUTION compensating Mr. Floyd Keen; and for other purposes. The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House: HR 22. By: Representative Sinkfield of the 37th: A RESOLUTION compensating Eddie Hammonds, Jr.; and for other purposes. The Senate has agreed to the House amendments to the following Bills of the Senate: SB 94. By: Senators Gillis of the 20th, Bryant of the 3rd, Reddish of the 6th, and others: A BILL to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide a definition of a ten-foot net; to provide a definition of a 20 foot net; to change the fees for resident and nonresident bait dealers' licenses; to change the description of certain equipment which may be used in commercial salt-water fishing; and for other purposes. SB 108. By: Senator Kidd of the 25th: A BILL to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of 1892 JOURNAL OF THE HOUSE, gasoline marketing practices, so as to prohibit a refiner, producer, or manufacturer of automotive gasoline from opening and from directly or indirectly operating a retail service station for the retail sale of gasoline; and for other purposes. SB 133. By: Senator Broun of the 46th: A BILL to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Stone Mountain Memorial Association Act," so as to empower the association to exercise certain police powers of the state; to provide for the adoption and enforcement of reasonable ordinances by the association; and for other purposes. SB 139. By: Senator Engram of the 34th: A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to authorize the use of premises in nursing homes as barbershops and beauty shops for residents of such nursing homes without those premises being required to be licensed or registered as barbershops or beauty shops; and for other purposes. The Senate has agreed to the House substitutes to the following Bills of the Senate: SB 68. By: Senator Kidd of the 25th: A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to prohibit the conducting of any exit poll or public opinion poll with voters within 250 feet of a polling place; and for other purposes. SB 260. By: Senator Kidd of the 25th: A BILL to amend an Act establishing a new charter for the City of Milledgeville, so as to change the provisions relating to terms of office of certain city officials; and for other purposes. The Senate recedes from its amendment to the following Bill of the House: HB 77. By: Representatives Steinberg of the 46th, Bray of the 91st, Groover of the 99th, Galer of the 97th, Redding of the 50th, and Richardson of the 52nd: A BILL to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide for review of proposed rules and regulations of the State Personnel Board by certain committees of the General Assembly; and for other purposes. The Senate recedes from its substitute to the following Bill of the House: HB 542. By: Representative Chambless of the 133rd: A BILL to amend Code Section 36-15-9 of the Official Code of Georgia Annotated, relating to collection of costs for law libraries, so as to authorize such costs in any corporate, police, recorder's, or mayor's court of a municipality under certain conditions; and for other purposes. The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: HB 762. By: Representative Bostick of the 138th: A BILL to create a board of elections and registration in Tift County; and for other purposes. The following Senate amendment was read: MONDAY, MARCH 4, 1985 1893 Amend HB 762 by striking the word "senior" on line 11 of page 2 and substituting in lieu thereof the word "chief. Representative Bostick of the 138th moved that the House agree to the Senate amendment to HB 762. 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 following Bills and Resolution of the House and Senate were taken up for consideration and read the third time: HR 89. By: Representatives Richardson of the 52nd, Galer of the 97th, and Benn of the 38th: A RESOLUTION Creating the Children and Youth Study Committee; and for other purposes. WHEREAS, the General Assembly continues to be concerned about the youth adjudicated to the Youth Services Division of the Department of Human Resources; and WHEREAS, the present juvenile justice system needs to be studied further to determine where improvements need to be made and to determine if alternative procedures and programs are needed; and WHEREAS, a recent survey (see January, 1985, Report of the House Children and Youth Study Committee) clearly indicates the need for a further and more structured inquiry into the issues identified; and WHEREAS, the resolutions adopted at the Southern Legislators Conference on Children and Youth in December, 1984, need support and implementation; and WHEREAS, child abuse and neglect are community concerns and they occur at all economic levels; and WHEREAS, the Child Abuse Central Registry published figures showing an increase in physical and sexual child abuse cases; and WHEREAS, the Governor has established the Georgia Commission on Child Support whose recommendations will be presented to the General Assembly. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the Children and Youth Study Committee to be composed of four members of the House and two citizens at large appointed by the Speaker of the House. The committee shall elect its chairman at its initial meeting. The committee shall be authorized to study and make recommendations regarding the entire juvenile justice system of this state and regarding troubled children and child abuse and neglect. The committee is further authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this resolution which are necessary or convenient to enable it to exercise fully and adequately its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The Department of Human Resources and other state agencies shall assist and support the committee in its study. Each member of the committee shall receive for his services on the committee the expenses and allowances authorized by law for members of legislative committees, but for no longer than five days unless an extension is obtained from the Speaker of the House. The committee shall work closely with the standing Senate Children and Youth Committee. The funds necessary to carry out the provisions of this resolution shall come 1894 JOURNAL OF THE HOUSE, from the funds appropriated to or available to the legislative branch of government. The committee shall stand abolished on December 1, 1985. 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 97, nays 2. The Resolution, having received the requisite constitutional majority, was adopted. SB 205. By: Senator Broun of the 46th: A BILL to amend Code Section 12-3-193 of the Official Code of Georgia Annotated, relating to the membership of the Stone Mountain Memorial Association, so as to change the membership of the association; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 101, nays 1. The Bill, having received the requisite constitutional majority, was passed. SB 216. By: Senator Hudgins of the 15th: A BILL to amend Code Section 7-1-606 of the Official Code of Georgia Annotated, relating to certain actions by bank holding companies, so as to change the provisions relating to merger or consolidation; and for other purposes. The report 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 0. The Bill, having received the requisite constitutional majority, was passed. SB 113. By: Senator Kidd of the 25th: A BILL to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefit plans, so as to provide for a flexible employee benefit plan; and for other purposes. The following Committee substitute was read: A BILL To amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefit plans, so as to provide for a flexible employee benefit plan; to provide for definitions; to create the Employee Benefit Plan Council; to provide for the powers and compensation of the members of the council; to authorize the council to establish a flexible employee benefit plan and to promulgate rules and regulations for its administration; to provide for voluntary payroll deduction or salary reduction by the state or county; to authorize the heads of government agencies to determine whether or not their employees shall continue any flexible program in operation on January 1, 1986; to provide that voluntary payroll deduction or salary reduction plans must be approved by the Employee Benefit Plan Council for any new flexible employee benefit plans initiated after January 1, 1986; to provide an exception; to provide that the commissioner of personnel administration shall be the executive officer for the administration of employee benefit plans and the custodian of such fund or funds required in the implementation of the plans; to provide that the commissioner of personnel administration shall employ such MONDAY, MARCH 4, 1985 1895 personnel as may be necessary to carry out his duties and responsibilities; to authorize the commissioner to execute a contract or contracts; to provide for benefits as approved in employee benefit plan or plans; to provide that such contracts may be executed with one or more corporations licensed to transact business in this state; to provide for a selfadministered plan or plans; to provide for bids; to provide that the various departments, boards, and agencies of state government may contribute to the plan or plans; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefit plans, is amended by adding at the end thereof a new Article 3 to read as follows: "ARTICLE 3 45-18-50. As used in this article, the term: (1) 'Board' means the State Personnel Board. (2) 'Council' means the Employee Benefit Plan Council established in Code Section 45-18-51. (3) 'Employee' means a member of the General Assembly or a person who works full time for the state and receives his compensation in a direct payment from a department, agency, authority, or institution of state government or county department of family and children services or a county department of health, exclusive of the members, employees, and officials of the Board of Regents of the University System of Georgia. (4) 'Full time' means the employment of a person who works at least 30 hours per week and whose employment is intended to be continuing employment. This would exclude any student, seasonal, intermittent, or part-time employment. This would also exclude employment intended for only a very limited duration or in a sheltered employment program for the purpose of training or transitioning a person into the continued employment environment. 45-18-51. (a) (1) There is created an Employee Benefit Plan Council consisting of the following ten members appointed by the Governor: (A) The five members of the State Personnel Board who shall serve for terms of office which correspond with their terms of office on the State Personnel Board; (B) Two department heads who have employees eligible to participate in the employee benefit plans, which department heads shall serve for terms of office of four years; provided, however, that the initial term of one of such appointees shall be two years; and provided, further, that the office of such a member shall become vacant if he ceases to be a department head; (C) Two state employees who are eligible to participate in the employee benefit plans, which state employees shall serve for terms of office of four years; provided, however, that the initial term of one of such appointees shall be two years; and provided, further, that the office of such a member shall become vacant if he ceases to be a state employee; and (D) One member from a corporation domiciled in the State of Georgia that insures or administers employee benefit plans, which member shall serve for a term of office of four years. (2) Successors to the members of the council provided in paragraph (1) of this subsection shall have the same qualifications and shall be appointed by the Governor for terms of office of four years and until their successors are appointed and qualified. A vacancy on the council shall be filled by the Governor appointing a successor who possesses the same qualifications as his predecessor and who shall serve for the unexpired term. (b) The members of the council who are in state employment shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations 1896 JOURNAL OF THE HOUSE, promulgated by the Office of Planning and Budget and the Department of Audits and Accounts in the same manner that employees of the state merit system are reimbursed. For those council members who are not in state employment, the expense and mileage allowance shall be the same as that authorized for the General Assembly and shall be payable, subject to fund availability, from the state merit system. (c) The Governor shall appoint one member to act as chairman for a term specified by the Governor until a successor is duly appointed. The council shall elect one of its members as vice-chairman to act in the absence of the chairman. If the office of chairman is vacated for any reason, the Governor shall appoint a successor. (d) Meetings of the council shall be scheduled at the discretion of the council chairman and, where feasible, concomitant with the meetings of the State Personnel Board as provided in Chapter 20 of this title. All meetings of the council shall be open to the public. (e) The council shall adopt procedures for the conduct of its activities. (f) The commissioner of personnel administration shall serve as executive secretary to the council and provide the council with staff support and other assistance in carrying out its duties. (g) In the promulgation of rules and regulations, the council shall be governed by Chapter 20 of this title. 45-18-52. The Employee Benefit Plan Council is authorized to establish a flexible employee benefit plan for employees of the state and to promulgate rules and regulations for its administration, subject to the limitations contained in this article and in Articles 1 and 2 of this chapter. The flexible employee benefit plan may provide for deductions or salary reductions for group life insurance, disability insurance, supplemental health and accident insurance, other types of employee welfare benefits, or for salary reductions for health premiums under Article 1 of this chapter. Except as provided in Code Section 45-18-30 and as implemented prior to January 1, 1986, the council is authorized to establish the plan or plans in connection with plans authorized by the United States Internal Revenue Code for the purpose of income tax advantage. 45-18-53. In order to carry out the provisions of the flexible employee benefit plan, the head of each department, agency, authority, or county department of health is authorized to deduct or reduce from salary or wages voluntarily designated amounts by his employees for purchasing insurance or other welfare benefits. 45-18-54. The head of each department, agency, authority, or county department of health shall have the option to determine whether or not the employees within his respective agency shall continue any optional program that is in operation on January 1, 1986. New optional employee benefit plans or any contracting with new or additional insurers under existing plans that authorize the deduction or reduction of voluntary designated amounts, including insurance, from the salaries of the full-time employees must be approved by the council after January 1, 1986, except that the Legislative Services Committee may continue or approve any optional program for members of the General Assembly and employees of the General Assembly. 45-18-55. The commissioner of personnel administration shall be the executive officer for the administration of this article and the custodian of such fund or funds as may be required in the implementation of this article. The commissioner of personnel administration shall employ such personnel as may be necessary to carry out his duties and responsibilities under this article. 45-18-56. The commissioner is authorized to execute a contract or contracts to provide the benefits as approved in the plan or plans in accordance with this article. Such contract or contracts may be executed with one or more corporations licensed to transact business in this state or the plan or plans, except for life, disability, or supplemental accident insurance, may be totally self-administered. Prior to entering into any contract under this Code section, the commissioner shall invite proposals from and allow a reasonable time for qualified corporations or qualified entities to bid on providing approved plan or plans benefits. The commissioner may invite proposals from any qualified entity as in the opinion of the council would desire to accept any part of the benefits authorized by this article. MONDAY, MARCH 4, 1985 1897 45-18-57. The various departments, boards, and agencies of the state government may contribute such portions of the cost of such benefits and the administration thereof as may be established by the general appropriations Act. 45-18-58. The various departments, boards, agencies, and their employees shall not incur any liability for errors or omissions made in the performance of the agreement between the departments, boards, and agencies and the employee." Section 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Wood of the 9th moves to amend the committee substitute to SB 113 by striking line 26 of page 6 in its entirety and inserting in lieu thereof the following: "life, disability, or individual supplemental accident and sickness insurance,". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the ayes were 116, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. The following Resolution of the House was read and referred to the Committee on Rules: HR 333. By: Representatives Walker of the 115th, Benefield of the 72nd, Lee of the 72nd, and others: A RESOLUTION welcoming to Georgia the Delegation from the Taiwan Provincial Assembly and inviting them to appear before the House of Representatives on a date and time to be determined by the Speaker of the House of Representatives; and for other purposes. The following Bill and Resolutions of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto: HR 11. By: Representatives Alien of the 127th, Hamilton of the 124th, and Triplett of the 128th: A RESOLUTION creating the House Teenage and Youth Unemployment Study Committee; and for other purposes. The following Senate amendment was read: Amend HR 11 by striking on Page 1, lines 10 and 11, the words: "General Assembly"; and inserting in lieu thereof the words: "House of Representatives". Representative Alien of the 127th moved that the House agree to the Senate amendment to HR 11. On the motion, the ayes were 112, nays 0. 1898 JOURNAL OF THE HOUSE, The motion prevailed. HB 13. By: Representative Richardson of the 52nd: A BILL to amend Code Section 31-15-3 of the Official Code of Georgia Annotated, relating to membership of the Cancer Advisory Committee, so as to change the membership thereof and provide for terms and qualifications of members; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 31-15-3 of the Official Code of Georgia Annotated, relating to membership of the Cancer Advisory Committee, so as to change the membership thereof and provide for terms and qualifications of members; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 31-15-3 of the Official Code of Georgia Annotated, relating to membership of the Cancer Advisory Committee, is amended by striking that Code section and inserting in its place the following: "31-15-3. (a) The Governor shall appoint a Cancer Advisory Committee to advise the department in the administration of this chapter. The committee shall establish priorities and recommend relative budgets for the various purposes of this chapter as described below. (b) The Cancer Advisory Committee shall consist of W 18 members appointed by the Governor as follows: (1) T-we members shall be appointed by the Governor from a list ef- six names sabmitt^ c to niiw oy the dcftns or the iwccticfll schools > bo tit ptioiic sno pnvdtc, locfttcct within this state; Four members representing medical schools as follows: The term of office of those two members appointed from a list of names submitted to the Governor by the deans of the medical schools located within this state, which members are serving as such on June 30. 1985, shall expire on that date and upon the appointment and qualification of the first two members appointed by the Governor in 1985 pursuant to this paragraph. On and after July 1, 1985, four membership positions on the committee shall represent the four medical schools, whether public or private, located within this state. The deans of those schools shall each submit to the Governor a list of three names and the Governor shall appoint one member from each of those four lists; (2) Two members shall be appointed by the Governor from a list of six names submitted to him by the chief executive officers of the hospitals or cancer clinics located within Georgia which are equipped to provide modern treatment for patients suffering from cancer; (3) Two members shall be appointed by the Governor from a list of six names submitted to him by the Medical Association of Georgia; (4) Two members shall be appointed by the Governor from a list of six names submitted to him by the American Cancer Society, Georgia Division; (5) Two members shall be appointed by the Governor from a list tf si* names submitted te him by the Georgia Cancer Management Network, faer; The term of office of the two members appointed from the list of names submitted to the Governor by the Georgia Cancer Management Network, Inc., shall expire upon July lj 1985, and such two membership positions shall thereafter be abolished; (6) One member shall be appointed by the Governor from a list of three names submitted to him by the Georgia Claims Association and the Health Insurance Council Georgia Chapter of the Health Insurance Association of America; (7) One member shall be appointed by the Governor from a list of three names submitted to him by the director of the Division of Rehabilitation Services of the Department of Human Resources; and MONDAY, MARCH 4, 1985 1899 (8) Three Two members shall be selected by the Governor from the general publicr i (9) One member shall be appointed by the Governor from a list of three names submitted to him by the Georgia Nurses Association; (10) One member shall be appointed by the Governor from a list of three names submitted to him by the Georgia Association of Pathologists; (11) One member shall be appointed by the Governor from a list of three names submitted to him by the Georgia State Medical Association; and (12) One member shall be appointed by the Governor from a list of three names submitted to him by the Georgia Pharmaceutical Association. (c) The persons whose names are submitted to the Governor by the medical colleges, the hospitals, and the Medical Association of Georgia2 the Georgia State Medical Association, and the Georgia Association of Pathologists shall all be physicians licensed to practice medicine under the laws of Georgia, and the persons whose names are submitted by the Medical Association of Georgia and the Georgia State Medical Association shall all be actively engaged in the practice of medicine. The persons whose names are submitted to the Governor by the Georgia Nurses Association shall all be registered professional nurses licensed to practice nursing under the laws of Georgia. All persons whose names are submitted to the Governor by the Georgia Pharmaceutical Association shall be registered pharmacists licensed to practice pharmacy under the laws of Georgia. (d) The Governor shall appoint the initial members for staggered terms as follows: three shall be appointed for terms to expire on December 31, 1977; three shall be appointed for terms to expire on December 31, 1978; three shall be appointed for terms to expire on December 31, 1979; and six shall be appointed for terms to expire on December 31, 1980. Thereafter, their successors shall be appointed for terms of four years, and until their successors are appointed and qualified, to begin on the expiration of the respective terms of office. In the event of a vacancy for any reason, the Governor shall fill said vacancy for the unexpired term in the same manner that other appointments are made. Those initial members added to the committee in 1985 shall be appointed for initial terms beginning July 1^ 1985, and expiring December 31, 1989, and upon the appointment and qualification of their respective successors. Thereafter, their successors shall be appointed for terms of four years and until their respective successors are appointed and qualified, such terms to begin on the expiration of the respective terms of office. (e) The Cancer Advisory Committee shall meet as often as the commissioner deems necessary but not less than twice each year. T-h members ef the committee shall receive no compensation for tticir services out snflll ije reim bursed tor sctufll find necessspy expenses incurred by them m carrying rt their duties as members thereof." Section 2. For purposes of making the initial appointments of members added by this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. For all other purposes, this Act shall become effective July 1, 1985. Section 3. 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 substitute to HB 13. On the motion, the ayes were 102, nays 0. The motion prevailed. HR 22. By: Representative Sinkfield of the 37th: A RESOLUTION compensating Eddie Hammonds, Jr.; and for other purposes. The following Senate substitute was read: 1900 JOURNAL OF THE HOUSE, A RESOLUTION Compensating Eddie Hammonds, Jr.; and for other purposes. WHEREAS, on December 29, 1983, Eddie Hammonds, Jr., an inmate at Georgia State Prison, Reidsville, Georgia, was removed from his cell and his cell was allowed to remain unlocked in violation of prison rules; and WHEREAS, personal property of Mr. Hammond in the amount of $624.00 was lost or stolen from his cell due to the failure of the correctional officers to lock the cell or properly inventory his property; and WHEREAS, the loss of property occurred through no fault or negligence on the part of Mr. Hammonds, and it is only fitting and proper that he be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Offender Rehabilitation is authorized and directed to pay the sum of $300.00 to Eddie Hammonds, Jr., as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Representative Sinkfield of the 37th moved that the House agree to the Senate substitute to HR 22. On the motion, the ayes were 105, nays 0. The motion prevailed. Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time: SB 219. By: Senator Hine of the 52nd: A BILL to amend Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, so as to change the purpose from ensuring that persons offering treatment are qualified to do so to that of ensuring that the gov- erning body operating a treatment program is licensed to do so; to change certain definitions; to change certain licensure provisions; 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 103, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 240. By: Senators Howard of the 42nd and Stumbaugh of the 55th: A BILL to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide that a person commits the offense of criminal trespass when he intentionally damages any property of another without his consent and the damage thereto is $250.00 or less; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 1. MONDAY, MARCH 4, 1985 1901 The Bill, having received the requisite constitutional majority, was passed. SB 256. By: Senators Ray of the 19th, McGill of the 24th, Perry of the 7th, and others: A BILL to amend Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant diseases, pest control, and pesticides, so as to provide for a program of boll weevil eradication; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant diseases, pest control, and pesticides, so as to provide for a program of boll weevil eradication; to provide for a short title; to provide for a declaration of purpose, definitions, administration, and enforcement by the Commissioner of Agriculture; to provide for personnel and facilities; to provide for agreements; to provide for inspections; to provide for warrants; to provide for filing of certain information; to provide for quarantines; to provide for rules and regulations and the contents thereof; to restrict the movement of certain articles; to provide for eradication zones; to provide for the restriction or prohibition on the planting of cotton; to provide for cost; to provide for penalties; to provide for the treatment or distraction of certain cotton; to provide for the certification of a cotton growers' organization and its powers, duties, and authority; to provide for requirements for such organization; to provide for certification and the issuance and revocation thereof; to provide for boards, committees, council, and personal exemptions from liability; to provide for referendums and assessments; to provide for collection, holding, and disbursement of assessments and funds; to provide for records; to provide for audits; to prohibit certain acts; to provide for penalties and punishment; to provide for destruction of certain plants as public nuisances; to provide for practices and procedures; to provide for effective dates; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant diseases, pest control, and pesticides, is amended by adding at the end thereof a new Article 5 to read as follows: "ARTICLE 5 2-7-150. This article shall be cited as the 'Georgia Boll Weevil Eradication Act of 1985.' 2-7-151. The boll weevil, Anthonomus grandis Boheman, is declared to be a serious pest and a menace to the cotton growing industry. The purpose of this article is to provide for the eradication of this pest. 2-7-152. As used in this article, the term: (1) 'Boll weevil' means Anthonomus grandis Boheman in any stage of develop- ment. (2) 'Certificate' means a document issued by the Commissioner certifying that a regulated article is free of the boll weevil. (3) 'Commissioner' means the Commissioner of Agriculture, any employee of the Department of Agriculture, or any other person authorized by the Commissioner to act in his behalf. (4) 'Department' means the Georgia Department of Agriculture. (5) 'Host' means any plant, plant part, or product thereof, including cotton, which is capable of sustaining the boll weevil in the completion of any portion of its life cycle. (6) 'Infested' means actually infested with the boll weevil or exposed to such an extent that it would be reasonable to expect that an infestation exists. 1902 JOURNAL OF THE HOUSE, (7) 'Noncommercial cotton' means cotton intended for purposes other than processing. (8) 'Permit' means a document issued or authorized by the Commissioner providing for the movement of regulated articles to restricted destinations for limited handling, use, or processing. (9) 'Person' means an individual, corporation, company, society, association, or other business entity. (10) 'Regulated article' means any article carrying or capable of carrying the boll weevil, including, but not limited to, cotton plants, seed cotton, hosts, gin trash, and equipment which may be designated by the Commissioner. 2-7-153. The Commissioner is authorized to administer and enforce the provisions of this article through the utilization of personnel and facilities of the department. 2-7-154. The Commissioner is authorized to: (1) Cooperate with and, as he may deem necessary, enter into written agreements with any other agency of this state, any agency of the federal government, any agency of another state, any person who may be engaged in the growing, processing, marketing, or handling of cotton, or any other person for the purpose of cost sharing or assignment of duties and responsibilities in destroying and eradicating the boll weevil in Georgia; (2) Inspect or cause to be inspected by duly authorized employees or agents any land, plants, plant products, or other articles, things, or substances that may, in his opinion, be capable of disseminating or carrying the boll weevil. For this purpose, the Commissioner or his employees and agents shall have the power to enter into or upon any place and to open any bundle, package, or other container containing or thought to contain any regulated article or other item capable of disseminating or carrying the boll weevil; (3) Require every person growing cotton in this state to furnish, on forms supplied by the Commissioner, such information as he may require relating to the size and location of all commercial and noncommercial cotton fields or patches being grown in this state; (4) Quarantine this state or any portion thereof or any other state or portion thereof when, after hearing, he determines that such action is necessary to prevent or reduce the spread of the boll weevil; (5) Adopt, after hearing, such rules as he deems necessary to prevent or reduce the spread of the boll weevil, including but not limited to rules: (A) Governing the movement of regulated articles into, out of, or within this state; (B) Establishing eradication zones within the state where eradication efforts will be undertaken; (C) Restricting or prohibiting the planting of cotton in eradication zones when he determines that it would jeopardize the success of the eradication effort or present a hazard to the public health or safety; (D) Requiring that all growers of commercial cotton in the designated eradication zones participate in the eradication program, including cost sharing through assessment; (E) Establishing penalty fees for those growers in eradication zones who fail to comply with the rules adopted by the Commissioner; or (F) Imposing restrictions on pasturing of livestock, entry by humans, and location of honeybee colonies in any eradication zone which has been or is to be treated with pesticides for eradication of the boll weevil or in any other area affected by such treatments; (6) Enter upon any premise, property, or field within an eradication zone and treat with pesticides or destroy any volunteer or noncommercial cotton when he determines that such action is necessary to the success of the eradication efforts; and (7) Require the destruction of commercial cotton in an eradication zone when it is not being grown in compliance with the rules adopted under this article. 2-7-155. (a) The Commissioner is authorized to certify a cotton growers' organiza- tion for the purpose of entering into agreements with the department, agencies of other MONDAY, MARCH 4, 1985 1903 states, the federal government, or any other person as may be necessary to carry out the purposes of this article. In applying to the Commissioner for certification, the cotton growers' organization shall demonstrate that: (1) It is a nonprofit organization within the meaning of Section 501(a) of the Internal Revenue Code of 1954 (26 USC 501(a)); (2) Membership is open to all cotton growers in this state; (3) It has only one class of members and each member has only one vote; (4) Its board of directors consists of six cotton growers elected by the membership and one employee of the department; (5) All books and records of account and minutes of proceedings of the organization are available for inspection or audit by the Commissioner upon request at any reasonable time; and (6) Any employee or agent of the organization who handles its funds is adequately bonded. (b) If the Commissioner finds that the growers' organization meets the requirements set forth in subsection (a) of this Code section, he shall certify the organization, in writing, for the purposes of this article only, and such certification shall not affect any other organization of cotton growers established for other purposes. The Commissioner is authorized to revoke such certification if at any time the organization fails to meet the certification requirements or the purposes of this article. (c) (1) The certified cotton growers' organization: (A) Shall be a public corporation and may contract and be contracted with, implead and be impleaded, and complain and defend in all courts; and (B) Shall be governed by a board of directors which shall name its chairman, vice chairman, and secretary and determine a quorum for the transaction of its business. (2) The certified cotton growers' organization is authorized to appoint advisory boards, special committees, legal counsel, and technical and clerical personnel to advise, aid, and assist the organization in the performance of its duties and to fix, if necessary, any compensation for such services. (3) The members, officers, and employees of the cotton growers' organization operating under this article shall not be held individually responsible in any way whatsoever to any grower or other person for errors in judgment, mistakes, or other acts of omission or commission, other than their own individual acts of dishonesty or crime. No member, officer, or employee shall be held individually responsible for any act or omission of any other member of such organization. The liability of the members of the growers' organization shall be several and not joint, and no member shall be liable for the default of any other member. 2-7-156. Upon the request of the certified cotton growers' organization, the Commissioner shall conduct a referendum among all cotton growers anytime after September 30, 1985, to determine whether an assessment shall be levied upon them to cover, in whole or in part, the cost of boll weevil suppression and eradication programs authorized by this article, subject to the following: (1) All affected cotton growers shall be entitled to vote and any question of eligibility shall be determined by the Commissioner; (2) All assessments shall be levied on a per acre basis; (3) The per acre assessment, the period for which it shall be levied, and the geographical area to which the assessment applies shall be established by the Commissioner, upon recommendation by the board of directors of the cotton growers' organization; (4) Passage of such referendum shall require a two-thirds' majority of those growers voting and at least 50 percent of the Agricultural Stabilization and Conservation Service registered cotton growers must have voted in such referendum; (5) The Commissioner of Agriculture is authorized, and it shall be his duty, to receive, collect, hold in trust, and disburse all assessments and any other funds created under this article as trust funds of the cotton growers' organization, without complying with the requirements applicable to funds collected for the use and benefit 1904 JOURNAL OF THE HOUSE, of the state. Such funds shall not be required to be deposited in the state treasury and appropriated therefrom. All moneys collected by the Commissioner shall be deposited in a bank or other depository approved by the growers' organization and shall be disbursed by him only upon the written authorization of the certified cotton growers' organization for the administration and implementation of the boll weevil eradication program. Should the eradication program be discontinued or certification of the growers' organization be revoked by the Commissioner, any funds remaining in its hands at such time are authorized to be paid out by the Commissioner for existing obligations and for winding up the affairs of the certified cotton growers' organization. Any funds remaining over and above those required for completing the business of the cotton growers' organization shall be paid by the Commissioner to the contributing growers on a pro rata per acre basis; and (6) Records maintained by the Commissioner on behalf of the certified cotton growers' organization shall be audited at least annually by the state auditor. 2-7-157. It shall be unlawful: (1) To plant cotton in any eradication zone in which planting has been prohibited by the Commissioner; (2) To alter, forge, counterfeit, or engage in the unauthorized use of any certificate, permit, or other document provided for in this article; or (3) To store or handle any regulated article in the eradication zone or to move a regulated article into, through, or from the eradication zone in violation of the purposes of this article. 2-7-158. (a) Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50.00 nor more than $1,000.00 or by imprisonment not exceeding twelve months, or both, as determined by the court. (b) Any cotton grower who fails to pay any assessment levied under this article when due and upon reasonable notice shall be subject to a penalty of not more than $25.00 per acre, such amount to be established by the Commissioner upon recommendation of the board of directors of the cotton growers' organization. (c) Any cotton grower who fails to pay all assessments, including penalties, within 30 days from the date of notice shall be required to destroy all cotton plants growing on his property which are subject to assessment. Any plants not destroyed shall be deemed to be a public nuisance. In such case, the Commissioner is authorized to apply to any court of competent jurisdiction and such court is authorized, in its discretion, to issue judgment and order condemnation and destruction of such nuisance. The grower shall be liable for all court costs, fees, and other expenses incurred in such action." Section 2. This Act shall become effective July 1, 1985, for the purposes of certifying a cotton growers' organization and conducting a referendum among cotton growers. For all other purposes, this Act shall not become effective until the states of Alabama and Florida have enacted a boll weevil eradication program similar to the program provided for in this Act. Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 99, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Milford of the 13th and Smith of the 152nd requested that they be recorded as voting "nay" on SB 256. The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: MONDAY, MARCH 4, 1985 1905 HB 785. By: Representatives Pinkston of the 100th, Home of the 103rd, Groover of the 99th, and Randall of the 101st: A BILL to amend an Act providing a new charter for the City of Macon, Georgia, so as to change the corporate limits of said city; and for other purposes. The following Senate amendment was read: Amend HB 785 by adding on line 4 of page 1 after the following: "city;", the following: "to provide an effective date;". By adding between line 16 and line 17 of page 4 the following: "Section 2. This Act shall become effective December 1, 1985." By striking from line 17 of page 4 the number "2" and inserting in lieu thereof the number "3". The following amendment, offered by Representatives Lucas of the 102nd, and Randall of the 101st, was read and ruled out of order for not having enough signatures: Representatives Lucas of the 102nd and Randall of the 101st offer the following amendment: Amend HB 785 by striking line 16 on page 4 in its entirety and substituting in lieu thereof the following: "found and the POINT AND PLACE OF BEGINNING. PARCEL 3 All that tract or parcel of land lying and being in Land Lots 309, 332 and 333 of the 13th Land District containing 166 acres, more or less, and known as Tax Parcel 210 of Tax Map L-6 of the Official Tax Maps of Bibb County, Georgia. Said tract is more particularly described by deed from F. F. Jones, W. E. Harold and E. Taylor, Jr. as Trustees to Idle Hour Club, Inc., dated 4/12/20 and recorded in Deed Book 248, Page 349 and deed from Henry J. Lamar IV dated 6/7/40 and recorded in Deed Book 473, Page 754." Representative Groover of the 99th moved that the House agree to the Senate amendment to HB 785. 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 following Bills of the Senate were taken up for consideration and read the third time: SB 204. By: Senator Hudgins of the 15th: A BILL to amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair and deceptive acts or practices in insurance, so as to prohibit insurers from refusing or refusing to continue to insure an individual, limiting coverage to an individual, or charging an individual a different rate 1906 JOURNAL OF THE HOUSE, for coverage solely because the individual is blind or partially blind; and for other purposes. The report 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. Representatives Shepard of the 71st, Davis of the 45th, and Morton of the 47th stated that they had been called from the floor of the House during the preceding vote. They wished to be recorded as voting "nay" thereon. SB 221. By: Senators Coverdell of the 40th, Bond of the 39th, Langford of the 35th, and Engram of the 34th: A BILL to amend Chapter 3 of Title 31 of the Offi- cial Code of Georgia Annotated, relating to county boards of health, so as to authorize the creation of a county board of health by ordinance in all coun- ties of this state having a population of 550,000 or more according to the United States decennial census of 1980; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 96, nays 8. The Bill, having received the requisite constitutional majority, was passed. SB 116. By: Senator Kidd of the 25th: A BILL to provide a homestead exemption from Baldwin County ad valorem taxes for school purposes; to provide requirements to be eligible to claim such exemption; and for other purposes. The following Committee substitute was read: A BILL To provide a homestead exemption from all Baldwin County School District ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. For purposes of this Act, the term: (1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Baldwin County School District, including but not limited to taxes to retire school bond indebtedness. (2) "General law exemption" means that homestead exemption from county school district ad valorem taxes granted by Code Section 48-5-52 of the O.C.G.A. to persons 62 years of age or over. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40, except land included in that homestead which exceeds five acres. (4) "Income" means net income from all sources. Section 2. Each resident of the Baldwin County School District who is 65 years of age or over is granted an exemption on that person's homestead from all Baldwin County MONDAY, MARCH 4, 1985 1907 School District ad valorem taxes for educational purposes for the full value of that homestead, if that person's income, together with the income of all members of the family residing within such homestead, does not exceed $20,000.00 for the immediately preceding taxable year. Section 3. The tax commissioner of Baldwin County shall provide application forms for the exemption granted by this Act and shall require with the initial application an affidavit by the owner as to the age of the owner, the income of the owner and all members of the family residing within the homestead, and such other information as may be necessary to determine eligibility of the owner for the exemption, Section 4. Any person who, as of January 1, 1987, has applied for and is eligible for the general law exemption shall be eligible for the exemption granted by this Act without further application. Otherwise, the exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Baldwin County in the event that person for any reason becomes ineligible for that exemption. Section 5. The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. Section 6. The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Baldwin County School District ad valorem taxes for educational purposes. Section 7. The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1986. Section 8. The exemption granted by this Act shall be administered and granted in the same manner as the general law exemption; and, unless otherwise expressly provided in this Act, all provisions of general law which apply to the general law exemption shall apply to the exemption granted by this Act. Section 9. Not less than 30 nor more than 90 days prior to the date of the August 1986, primary election, it shall be the duty of the election superintendent of Baldwin County to issue the call for an election for the purpose of submitting this Act to the electors of the Baldwin County School District for approval or rejection. The superintendent shall set the date of such election for the date of the August, 1986, primary 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 Baldwin County. The ballot shall have written or printed thereon the following: YES ( ) NO Shall the Act providing a homestead exemption from all Baldwin County School District ad valorem taxes for educational purposes for that school district for certain residents of that district who have annual incomes not exceeding $20,000.00 and who are 65 years of age or over 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, Sections 1 through 8 shall become of full force and effect; otherwise they shall be void and of no force and effect. The expense of such election shall be borne by Baldwin County. It shall be the duty of the superintendent to hold and conduct such election. It shall be the superintendent's further duty to certify the result thereof to the Secretary of State. Section 10. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Parham of the 105th moves to amend the Committee Substitute to SB 116 by striking from line 4 of page 1, line 8 of page 2, and line 2 of page 4 the following: 1908 JOURNAL OF THE HOUSE, "$20,000.00", and inserting in its place the following: "$16,000.00". By striking from line 25 of page 1 the following: "net income", and inserting in its place the following: "gross income". By striking from line 19 of page 2 the following: "exemption shall", and inserting in its place the following: "exemption and the exemption provided by Code Section 48-5-47 shall". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the ayes were 114, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: HB 362. By: Representatives Smyre of the 92nd, Walker of the 115th, Coleman of the 118th, and Benefield of the 72nd: A BILL to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to change the provisions relating to the payment of a clothing allowance to members of the Uniform Division assigned permanently to personal security or special duty assignments; and for other purposes. The following Senate substitute was read: A BILL To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to change the provisions relating to the payment of a clothing allowance to members of the Uniform Division of the Georgia State Patrol assigned permanently to personal security or special duty assignments; to provide for payment of a clothing allowance to agents of the Georgia Bureau of Investigation; 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 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking Code Section 35-2-52 in its entirety and inserting in lieu thereof a new Code Section 35-2-52 to read as follows: "35-2-52. The commissioner ay, at his discretion and subject to available funds, shall be authorized to pay to members of the Uniform Division a clothing allowance MONDAY, MARCH 4, 1985 1909 when the members are permanently assigned to personal security or special duty assignments which necessitate those members wearing clothing other than the uniform of the Uniform JUivision^ provided tn&t such ciotiiin siiowflnc6 sn&ll no* exceed 4oU.\/0 pef year per man. The amount of the funding will be identified as to the reimbursement rate for the clothing allowance in the appropriations Act each fiscal year." Section 2. Said title is further amended by striking Code Section 35-3-12 in its entirety and inserting in lieu thereof a new Code Section 35-3-12 to read as follows: "35-3-12. (a) The bureau is authorized to pay all medical, surgical, hospital, nursing, and other similar expenses incurred by any member of the bureau as a result of injuries received in the line of duty. The bureau is authorized to make such payments in addition to any award made by the State Board of Workers' Compensation based on such injuries. Such payments shall be made only upon proper presentation of bills to the bureau. The bureau and the injured party shall together ascertain the correctness of all bills presented. No payments shall be made without the approval of the bureau. (b) The director of investigation, at his discretion and subject to available funds, shall be authorized to pay to agents of the bureau a clothing allowance in an amount equal to the clothing allowance provided for certain members of the Uniform Division of the Georgia State Patrol as provided in Code Section 35-2-52." 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. Representative Smyre of the 92nd moved that the House disagree to the Senate substitute to HB 362. The motion prevailed. HB 679. By: Representative Smith of the 152nd: A BILL to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to authorize barbershops to employ certain persons without being required to be licensed as beauty shops or salons; to change the requirements for a license to teach barbering; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to provide that any person who has actively engaged in the practice of barbering on a military installation in Georgia for a certain period shall be eligible to receive a license to practice barbering under certain conditions; to authorize barbershops to employ certain persons without being required to be licensed as beauty shops or salons; to change the requirements for a license to teach barbering; to change the requirements for a license to practice barbering as an apprentice; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, is amended by adding between Code Sections 43-7-11 and 43-7-12 a new Code Section 43-7-11.1 to read as follows: "43-7-11.1. Notwithstanding any other provisions of this chapter, any person who has actively engaged in the practice of barbering on a military installation in Georgia for three years prior to the effective date of this paragraph shall be eligible to receive a license to practice barbering upon proper proof of experience, application, and appropriate fee being submitted to the board on or before September 1, 1985." 1910 JOURNAL OF THE HOUSE, Section 2. Said chapter is further amended by adding after Code Section 43-7-12 a new Code Section 43-7-12.1 to read as follows: "43-7-12.1. A barbershop licensed pursuant to this chapter shall be authorized to employ a cosmetologist, manicurist, esthetician, or shampooer licensed under Chapter 10 of this title without that barbershop being required to be licensed as a beauty shop or salon under said Chapter 10." Section 3. Said chapter is further amended by striking in its entirety Code Section 43-7-13, relating to requirements for license to teach barbering, and inserting in lieu thereof a new Code Section 43-7-13 to read as follows: "43-7-13. A license to teach barbering shall be issued to any person who: (1) Is a high school graduate or its equivalent; (2) Has held a barber license for at least two consecutive years immediately pre- ceding application for a license to teach barbering; (3) Has completed a teacher's training er vocational school course as prescribed by the board which requires 750 hours in a licensed er from a board approved barber school; and (4) Satisfactorily passes a written and practical examination prepared or approved by the board." Section 4. Said chapter is further amended by adding after Code Section 43-7-13 a new Code Section 43-7-13.1 to read as follows: "43-7-13.1. A person certified by the State Department of Education to teach barbering in the public schools may obtain a license to teach barbering without meeting the requirements of Code Section 43-7-13 if that person: (1) Holds a current barber license at the master level; (2) Holds a diploma or certificate indicating completion of 1,500 credit hours from a board approved school; (3) Has completed the three-year teacher training program required by the State Department of Education; and (4) Has satisfactorily passed an examination prepared or approved by the board." Section 5. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 43-7-16, relating to license to practice barbering as an apprentice, and inserting in lieu thereof the following: "(1) Evidence that he will practice under the supervision of a licensed barber with at least three years' 18 months' experience in the practice of barbering; and". Section 6. All laws and parts of laws in conflict with this Act are repealed. Representative Smith of the 152nd moved that the House agree to the Senate substitute to HB 679. On the motion, the ayes were 103, nays 0. The motion prevailed. 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 Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation: SR 184 Do Pass Respectfully submitted, Daugherty of the 33rd Chairman MONDAY, MARCH 4, 1985 1911 The Speaker Pro Tern assumed the Chair. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time: SB 213. By: Senators Bryant of the 3rd and Perry of the 7th: A BILL to amend Code Section 38-3-20 of the Official Code of Georgia Annotated, relating to the creation of the Emergency Management Division of the Department of Defense and the appointment of the director and deputy director of the division, so as to change the title of the deputy director to "executive director"; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 99, nays 1. The Bill, having received the requisite constitutional majority, was passed. SB 257. By: Senator Greene of the 26th: A BILL to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to change the provisions relative to the payment of examination expenses; to change requirements relative to the maintenance of reserves required for accident and sickness insurance policies; to change provisions relative to annual statements by sponsors of prepaid legal services plans; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to change the provisions relative to the payment of examination expenses; to change requirements relative to the maintenance of reserves required for accident and sickness insurance policies; to change the provisions relative to applicability of Chapter 22 of Title 33, relating to insurance premium finance companies; to change provisions relative to annual statements by sponsors of prepaid legal services plans; to provide for the disposition of certain unclaimed funds; to allow for the payment, acceptance, and sharing of certain commissions; 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 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," is amended by striking Code Section 33-2-15, relating to the payment of expenses of examinations, in its entirety and inserting in lieu thereof a new Code Section 33-2-15 to read as follows: "33-2-15. At the direction of the Commissioner, the insurer or other person so examined shall pay all the actual travel and living expenses of the examination specified in Code Section 33-2-12. When the examination is made by an examiner who is not a regular employee of the department, the person examined shall pay the proper charges for the services of the examiner and his assistants and the actual travel and living expenses incurred by such examiners and assistants in an amount approved by the Commissioner. A consolidated account for the examination shall be filed by the examiner with the Commissioner. No person shall pay and no examiner shall accept any additional emolument on account of any examination. When the examination is conducted 1912 JOURNAL OF THE HOUSE, in whole or in part by regular salaried employees of the department, payment for such services and proper expenses shall be made by the person examined to the Commissioner, and such payment shall be deposited in the state treasury; provided, however, that, when an agent, broker, solicitor, counselor, or adjuster is examined because of a complaint filed against such agent, broker, solicitor, counselor, or adjuster and when the Commissioner finds that the complaint was not justified, the expenses of the examination shall not be assessed against the agent, broker, solicitor, counselor, or adjuster but shall be borne by the department." Section 2. Said title is further amended by striking Code Section 33-10-8, relating to required reserves for accident and sickness insurance policies, in its entirety and inserting in lieu thereof a new Code Section 33-10-8 to read as follows: "33-10-8. For all accident and sickness insurance policies the insurer shall maintain an active life reserve which shall place a sound value on its liabilities under such policies and which shall not be less in the aggregate than the reserve according to such method of calculation as the Commissioner may approve and, in ne event, teas than the pre rata gross unearned premium reserve for such policies." Section 3. Said title is further amended by striking paragraph (5) of Code Section 33-22-16, relating to applicability of Chapter 22 of Title 33, and inserting in lieu thereof a new paragraph (5) to read as follows: "(5) Insurance premiums in connection with the kinds of business defined in Code Sections 33-7-4 (life insurance) and 33-7-2 (accident and sickness insurance) and for those persons licensed under Chapter 3 of Title 7 to write the insurance authorized in Chapter 3 of Title 7; or". Section 4. Said title is further amended by striking subsections (c) and (d) of Code Section 33-23-42, relating to licenses required for persons acting as insurance agents, brokers, solicitors, counselors, or adjusters, in their entirety and inserting in lieu thereof new subsections (c) through (g) to read as follows: "(c) No insurer or agent doing business in this state shall pay, directly or indirectly, any commissions or any other valuable consideration to any person for services as an agent, broker, solicitor, or adjuster within this state, unless such person shall be duly licensed in accordance with this article; ner shaH any person ethr than a dtriy licensed fluent, solicitor DFOKCF, of fldjuste? flccept sny such commisston or otiicr vslusDlc cow siderfttion. i IT.is oodc section, Jioweveft sii8.li not prevent trie psyment or receipt of sn ftgent, solicitor, of DPOKCP nor prevent tne receipt or pdynrent of floy commission *Dy a person whe has applied for a temporary license pursuant te this article. (d) An insurer may pay a commission or other valuable consideration to an insurance agency in which all employees, stockholders, directors, or officers who solicit, negotiate, or effectuate insurance contracts are qualified insurance agents, brokers, counselors, or solicitors holding a currently valid license as required by the laws of this state; and an agent, broker, counselor, or solicitor may share any commission or other valuable consideration with such an insurance agency. (e) No person, partnership, or corporation other than a duly licensed adjuster, agent, broker, counselor, or solicitor shall accept any commission or other valuable consideration except as provided in subsection (d) of this Code section. (f) This Code section shall not prevent the payment or receipt of renewal or deferred commissions by any agency or a person on the ground that the licensee has ceased to be an agent, broker, counselor, or solicitor nor prevent the receipt or payment of any commission by a person who has applied for a temporary license pursuant to this article. {d-} (g) Any person willfully violating this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be liable to a fine not to exceed $500.00 or imprisonment not to exceed one year for each instance of violation, or both." Section 5. Said title is further amended by striking paragraph (1) of Code Section 33-35-16, relating to the filing of annual statements by sponsors of prepaid legal services plans, in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: MONDAY, MARCH 4, 1985 1913 "(1) A statement verified by at least two of its principal officers or trustees showing the financial condition of the plan on December 31 of the preceding year, which statement shall be in such form and shall contain such matters as the Commissioner shall prescribe. A copy of such statement shall also be sent to each subscriber to the plan on or before March 31 unless such sponsor is an insurer as defined in Code Section 33-35-2 whose annual report of its affairs and operations has been filed with the Commissioner in accordance with Code Section 33-3-21;". Section 6. Said title is further amended by striking paragraphs (6) and (7) of subsection (a) of Code Section 33-37-17, relating to the powers of the Insurance Commissioner as liquidator or conservator, in their entirety and inserting in lieu thereof new paragraphs (6), (7), and (8) to read as follows: "(6) May, for the purpose of executing and performing any of the powers and authority conferred upon him under this chapter, in the name of the insurer affected by the proceeding or in his own name, prosecute and defend any and all civil actions and other legal proceedings and may execute, acknowledge, and deliver any and all deeds, assignments, releases, and other instruments necessary and proper to effectuate any sale of any real and personal property or other transaction in connection with the administration, liquidation, or other disposition of the assets of the insurer affected by such proceeding. Any deed or other instrument executed pursuant to the authority given by this paragraph shall be valid and effectual for all purposes as though the same had been executed by the insurer affected by any proceeding under this chapter or by its officers pursuant to the direction of its governing board or authority. In cases where any real property sold by the Commissioner under this chapter is located in a county other than the county wherein the proceeding is pending, the Commissioner shall cause a certified copy of the order of his appointment or order authorizing or ratifying the sale to be filed in the office of the clerk of the superior court of the county in which said property is located; and (7) Shall have authority to invest and reinvest, as provided in Chapter 11 of this title, in such manner as he may deem suitable for the best interests of the creditors of the insurer, such portions of the funds and assets of the insurer in his possession as do not exceed the amount of the reserves required by law to be maintained by the insurer as reserves for life insurance policies, annuity contracts, supplementary agreements incidental to life business, and reserves for noncancellable disability policies, which funds and assets are not immediately distributable to creditors; provided, however, that no investment or reinvestment shall be made which exceeds the sum of $1,000.00 without first obtaining permission of the court and then only in accordance with such terms as the court may prescribe; j and (8) Shall remit all unclaimed funds, including any amount to be distributed under this chapter to any creditor, shareholder, member, or other person who is unknown or cannot be found, to the registry of the superior court supervising any proceedings under this chapter. Such unclaimed funds shall be disposed of as provided in Article 5 of Chapter 12 of Title 44, known as the 'Disposition of Unclaimed Property Act.'" 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 substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 114, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 232. By: Senators Gillis of the 20th, Ray of the 19th, Muggins of the 53rd, and English of the 21st: A BILL to amend Part 1 of Article 1 of Chapter 6 of 1914 JOURNAL OF THE HOUSE, Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, so as to provide that purchasers of timber shall record certain information relative to timber sales transactions; to provide that such information shall be provided to the seller of such timber; and for other purposes. The following amendment was read and adopted: The Committee on Natural Resources and Environment moves to amend SB 232 by striking the word "purchasing" where it appears in line 18 of page 1 and inserting in lieu thereof of said line 18 the word "severing". 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 116, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. SR 106. By: Senator English of the 21st: A RESOLUTION authorizing the conveyance of certain state owned real property located in Emanuel County, Georgia, to the Emanuel County Board of Commissioners; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 109, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. 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 185. By: Representatives Thomas of the 69th, Oliver of the 1st, Copelan of the 106th, and Smith of the 78th: A BILL to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to the release of juveniles where detention is not warranted, so as to clarify that an informal detention hearing must be held within 72 hours regarding a child who is alleged to be deprived; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time: SB 129. By: Senators Trulock of the 10th, Garner of the 30th, and Allgood of the 22nd: A BILL to amend Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demurrers, motions, and special pleas and exceptions with respect to pretrial proceedings, so as to provide for evidence of a defendant's sanity or insanity when a defendant intends to impose the defense of insanity at a trial; to provide for cross-examination of medical witnesses; and for other purposes. MONDAY, MARCH 4, 1985 1915 The following amendments were read and adopted: The Committee on Judiciary moves to amend SB 129 by striking from line 6 of page 2 the following: "clinical", and inserting in its place the following: "licensed". By striking from line 1 of page 3 the following: "clinical", and inserting in its place the following: "licensed". By striking from line 25 of page 4 the following: "clinical", and inserting in its place the following: "licensed". Representatives Lawson of the 9th, Jackson of the 9th, Wood of the 9th, and Colwell of the 4th move to amend SB 129 by striking from lines 1 through 4 of page 1 and lines 20 through 23 of page 1 the following: "Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demurrers, motions, and special pleas and exceptions with respect to pretrial proceedings," and inserting in lieu thereof in each place the following: "Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings in criminal cases,". By adding after the first semicolon on line 17 of page 1 the following: "to provide that in computing the term at which a misdemeanor case must be brought to trial after a demand for trial a term of court designated as a civil term of court shall not be included;". By striking the word "article" where it appears on line 15 of page 2, line 27 of page 3, and line 25 of page 5 and inserting in lieu thereof the word "chapter". By renumbering Section 5 as Section 6 and inserting a new Section 5 to read as follows: "Section 5. Said chapter is further amended by striking subsection (b) of Code Section 17-7-170, relating to time for trial following a demand for trial in a noncapital case, and inserting in its place a new subsection to read as follows: '(b) If the person is not tried when the demand is made or at the next succeeding regular court term thereafter, provided at both court terms there were juries impaneled and qualified to try him, he shall be absolutely discharged and acquitted of the offense charged in the indictment or accusation. For purposes of computing the term at which a misdemeanor must be tried under this Code section, there shall be excluded any civil term of court in a county in which civil and criminal terms of court are designated; and for purposes of this Code section it shall be as if such civil term was not held.'" 1916 JOURNAL OF THE HOUSE, 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 107, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 253. By: Senators Bowen of the 13th, Garner of the 30th, Kidd of the 25th, and others: A BILL to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to declare the tenth day in February of each year as "Law Enforcement Officer Appreciation Day: in Georgia; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 114, nays 0. The Bill, having received the requisite constitutional majority, was passed. The Speaker assumed the Chair. The following Resolution of the House was read and adopted: HR 335. By: Representatives Coleman of the 118th, Murphy of the 18th, Colwell of the 4th, and others: A RESOLUTION recognizing and commending Mr. Charles E. Fleming; and for other purposes. The Speaker announced the House in recess until 1:45 o'clock, this afternoon. MONDAY, MARCH 4, 1985 1917 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 insists on its substitute to the following Bill of the House: HB 81. By: Representatives Aiken of the 21st and Johnson of the 21st: A BILL to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to debtor coverage under group life insurance policies, so as to extend the term for which a debtor is eligible for insurance for an indebtedness repayable in one sum; and for other purposes. Representative Phillips of the 120th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report: Mr. Speaker: Your Committee on Natural Resources and Environment has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 269 Do Pass Respectfully submitted, Phillips of the 120th Chairman The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 274. By: Representatives Wood, Jackson, and Lawson of the 9th, and others: A RESOLUTION commending Bill Elliott and inviting him to appear before the House of Representatives; and for other purposes. HR 311. By: Representatives Waldrep of the 80th and Anderson of the 8th: A RESOLUTION commending Mrs. Mary Lou Holland Jordan and inviting her to appear before the House of Representatives; and for other purposes. HR 327. By: Representative Murphy of the 18th: A RESOLUTION recognizing the twenty-fifth anniversary of the Bobby Dodd Center and inviting Coach Bobby Dodd to appear before the House of Representatives at a date and time specified by the Speaker; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: SB 234. By: Senator Baldwin of the 29th: A BILL to amend Code Section 9-11-17 of the Official Code of Georgia Annotated, relating to parties, plaintiff, and defendant in civil actions, so as to provide for the receipt of the proceeds of 1918 JOURNAL OF THE HOUSE, any personal action by a next friend to be conditioned upon sufficient bond; to provide for practices and procedures; and for other purposes. The following amendment was read and adopted: The Committee on Special Judiciary moves to amend SB 234: 1. On page 1, line 27, after "infant", add the words "or incompetent person," 2. On page 2, line 7, strike "the clerk of 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 93, nays 0. 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 Senate's insistence on its position in substituting the same: HB 81. By: Representatives Aiken of the 21st and Johnson of the 21st: A BILL to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to debtor coverage under group life insurance policies, so as to extend the term for which a debtor is eligible for insurance for an indebtedness repayable in one sum; and for other purposes. Representative Aiken of the 21st moved that the House insist on its position in disagreeing to the Senate substitute to HB 81 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 Aiken of the 21st, Colbert of the 23rd, and Greer of the 39th. 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 185. By: Representatives Thomas of the 69th, Oliver of the 1st, Copelan of the 106th, and Smith of the 78th: A BILL to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to the release of juveniles where detention is not warranted, so as to clarify that an informal detention hearing must be held within 72 hours regarding a child who is alleged to be deprived; and for other purposes. Representative Thomas of the 69th moved that the House insist on its position in disagreeing to the Senate substitute to HB 185 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. MONDAY, MARCH 4, 1985 1919 The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Thomas of the 69th, Oliver of the 1st, and Copelan of the 106th. The following Resolutions of the House were read and adopted: HR 336. By: Representatives Childers of the 15th, McKelvey of the 15th, and Smith of the 16th: A RESOLUTION commending Dr. Raymond F. Corpe; and for other purposes. HR 337. By: Representative Redding of the 50th: A RESOLUTION commending Robert E. Gist; and for other purposes. HR 338. By: Representatives Anderson of the 8th, Hasty of the 8th, and Barnett of the 10th: A RESOLUTION commending Ms. Charlene Hunsucker; and for other purposes. HR 339. By: Representatives Barnett of the 59th, Watts of the 41st, Bray of the 91st, and others: A RESOLUTION relative to Honorable Mac Barber; and for other purposes. HR 340. By: Representatives Steinberg of the 46th, Lupton of the 25th, Walker of the 115th, and others: A RESOLUTION commending Longhorn Steaks; and for other purposes. HR 341. By: Representatives Redding of the 50th and Bishop of the 94th: A RESOLUTION commending the Southeastern Province of Kappa Alpha Psi Fraternity and the Atlanta Alumni Chapter; and for other purposes. HR 342. By: Representatives Cummings of the 17th, Waldrep of the 80th, Kingston of the 125th, and others: A RESOLUTION commending the doorkeeper and assistant doorkeepers of the House of Representatives; and for other purposes. HR 343. By: Representative Lupton of the 25th: A RESOLUTION recognizing March 23, 1985, as "Bach Around the Clock Day" in Georgia; and for other purposes. HR 344. By: Representatives Anderson of the 8th, Hasty of the 8th, and Barnett of the 10th: A RESOLUTION commending Mr. Jason Golden; and for other purposes. HR 345. By: Representatives Anderson of the 8th, Hasty of the 8th, and Barnett of the 10th: A RESOLUTION commending Ms. Cindy Rutledge; and for other purposes. HR 346. By: Representatives Argo of the 68th and Logan of the 67th: A RESOLUTION recognizing and expressing appreciation to Dean Emily Quinn Pou; and for other purposes. HR 347. By: Representative Cox of the 141st: A RESOLUTION expressing regret at the passing of Herbert H. Nussbaum; and for other purposes. 1920 JOURNAL OF THE HOUSE, HR 348. By: Representatives Anderson of the 8th, Hasty of the 8th, and Barnett of the 10th: A RESOLUTION commending Ms. Margaret Nelson; and for other purposes. HR 349. By: Representative Murphy of the 18th: A RESOLUTION commending Mr. Garland H. "Bulldog" Williams; and for other purposes. HR 350. By: Representative Murphy of the 18th: A RESOLUTION relative to federal support of the school lunch program; and for other purposes. HR 351. By: Representative Adams of the 79th: A RESOLUTION commending the Pike County Journal and Reporter; and for other purposes. HR 352. By: Representatives Anderson of the 8th and Hasty of the 8th: A RESOLUTION commending Ms. Julie Wigington; and for other purposes. HR 353. By: Representatives Anderson of the 8th and Hasty of the 8th: A RESOLUTION commending Mr. Michael Blatt; and for other purposes. HR 354. By: Representatives Ray of the 98th and Waldrep of the 80th: A RESOLUTION commending Willie B. Bentley; and for other purposes. HR 355. By: Representatives Richardson of the 52nd, Galer of the 97th, Young of the 134th, and others: A RESOLUTION commending the Southern Legislative Conference and the Southern Governors' Association; and for other purposes. HR 356. By; Representatives Morton of the 47th and Davis of the 45th: A RESOLUTION commending the New York Metropolitan Opera; and for other purposes. HR 357. By: Representatives Colwell of the 4th, Hays of the 1st, Jackson of the 9th, and others: A RESOLUTION recognizing "Georgia Correctional Officers' Week" in Georgia; and for other purposes. HR 358. By: Representatives Workman of the 51st, Aaron of the 56th, Alford of the 57th, and others: A RESOLUTION urging DeKalb General Hospital to operate an emergency care facility in southeast DeKalb County; and for other purposes. HR 359. By: Representatives McKinney of the 35th, Young of the 134th, and Redding of the 50th: A RESOLUTION commending Detective Nathaniel Leslie; and for other purposes. HR 360. By: Representatives Watson of the 114th, Waddle of the 113th, Kilgore of the 42nd, and others: A RESOLUTION relative to functions of area planning and development commissions; and for other purposes. HR 361. By: Representative Dunn of the 73rd: A RESOLUTION expressing regret at the passing of Mr. Joseph F. Smith; and for other purposes. The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendment thereto: MONDAY, MARCH 4, 1985 1921 HB 343. By: Representatives Bray of the 91st, Beck of the 148th, Oliver of the 1st, Reaves of the 147th, Oliver of the 121st, and others: A BILL to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change the provisions relating to minimum salaries for judges of the probate courts; to change the provisions relating to compensation of judges of the probate courts; and for other purposes. The following Senate amendment was read: Amend HB 343 by striking from Section 1 on line 22 of page 1 the word "Any" and inserting in lieu thereof the following: "(1) Except as provided in paragraph (2) of this subsection, any Any". By adding in Section 1, between lines 22 and 23 on page 2, the following: "(2) Each such judge of the probate court shall receive an annual salary beginning on July lj 1987, 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; 6,000 12,000 20,000 30,000 40,000 50,000 100,000 200,000 295,000 5,999....................................................................................$ 13,885.00 11,999........................................................................................ 18,335.00 19.999........................................................................................ 20,367.00 29.999........................................................................................ 22,500.00 39,999........................................................................................ 24,893.00 49,999........................................................................................ 26,256.00 99.999........................................................................................ 28,255.00 199,999........................................................................................ 33.992.00 294,999........................................................................................ 41,745.00 _ormOTg........................................................................................ 45,500.00". By striking from Section 3 on line 19 of page 3 the following: "1985", and inserting in lieu thereof the following: "1986". The following amendment was read and adopted: Representative Bray of the 91st moves to amend the Senate amendment to HB 343 by striking the date "July 1, 1987" on line 11 of page 1 and inserting in its place the date "January 1, 1987". By striking all matter on lines 26 through 30 of page 1. Representative Bray of the 91st moved that the House agree to the Senate amendment, as amended by the House, to HB 343. On the motion, the ayes were 93, nays 4. The motion prevailed. Representative Hudson of the 117th requested that he be recorded as voting "nay" on HB 343. 1922 JOURNAL OF THE HOUSE, HB 239. By: Representatives Coleman of the 118th and Phillips of the 120th: A BILL to amend Code Section 11-9-310 of the Official Code of Georgia Annotated, relating to priority of certain liens, claims, and rights, so as to provide that certain mechanics' liens shall have priority over certain perfected security interests; to specify the conditions for such priority; to amend Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 11-9-310 of the Official Code of Georgia Annotated, relating to priority of certain liens, claims, and rights, so as to provide that certain mechanics' liens shall have priority over certain perfected security interests; to specify the conditions for such priority; to amend Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty, so as to provide that the holder of certain special liens shall not be required to surrender the personal property to holders of subordinate security interests or liens; to provide that certain mechanics' liens shall have priority over certain perfected security interests; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 11-9-310 of the Official Code of Georgia Annotated, relating to priority of certain liens, claims, and rights, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 11-9-310 to read as follows: "11-9-310. (1) Except as is expressly provided to the contrary elsewhere in this article and in subsection (2) of this Code section, a perfected security interest in collateral takes priority over each and all of the liens, claims, and rights described in Code Section 44-14-320, relating to the establishment of certain liens, as now or hereafter amended, and Code Section 53-7-91, relating to the priority of debts against the estate of a decedent, as now or hereafter amended, provided, nevertheless, that: (a) Year's support to the family, duly set apart in the collateral prior to the perfection of the subject security interest, takes priority over such security interest; (b) A lien for property taxes duly assessed upon the subject collateral, either prior or subsequent to the perfection of the subject security interest, takes priority over security interest; (c) A lien for all other state taxes takes priority over such security interest, except where such security interest is perfected by filing a financing statement relative thereto prior to such time as the execution for such state taxes shall be entered on the execution docket in the place and in the manner provided by law; provided2 neverthelesSj that, with respect to priority rights between such tax liens and security interests where under this article the same are perfected other than by filing a financing statement, the same shall be determined as provided by law prior to January 1, 1964; and (d) A lien for other unpaid taxes or a duly rendered judgment of a court having jurisdiction takes priority over such perfected security interest, but only if execution or notice of such lien or judgment is duly recorded in the place designated by statute applicable thereto, and if record thereof is made prior to the perfection of the subject security interest, and if the subject security interest is not a purchase money security interest entitled to priority under subsection (2) of Code Section 11-9-301. (2) A mechanics' lien on farm machinery or equipment arising on or after July 1^ 1985, shall have priority over any perfected security interest in such farm machinery or equipment unless a financing statement has been filed as provided in Code Section 11-9-401 and unless the financing statement describes the particular piece of farm machinery or equipment to which the perfected security interest applies. Such description may include the make, model, and serial number of the piece of farm machinery MONDAY, MARCH 4, 1985 1923 or equipment. However, such description shall be sufficient whether or not it is specific if it reasonably identifies what is described and a mistake in such description shall not invalidate the description if it provides a key to identifying the farm machinery or equipment." Section 2. Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows: "(a) All mechanics of every sort shall have a special lien on personal property for work done and material furnished in manufacturing or repairing the personal property and for storage of the personal property after its manufacture or repair, which storage begins accruing after 30 days' written notice to the owner of the fact that storage is accruing and of the daily dollar amount thereof; and said notice shall be mailed to the owner by certified mail addressed to the owner at his last known address. Such special liens may be asserted by the retention of the personal property or the mechanic may surrender the personal property and give credit when the lien is enforced in accordance with Code Section 44-14-550; and if such special liens are asserted by retention of the personal property, the mechanic shall not be required to surrender the property to the holder of a subordinate security interest or lien, saeh Such liens shall be superior to all liens except liens for taxes and2 except as provided in subsection (2) of Code Section 11-9-310, such other liens as the mechanic may have had actual notice of before the work was done or material furnished." Section 3. All laws and parts of laws in conflict with this Act are repealed. Representative Coleman of the 118th moved that the House agree to the Senate substitute to HB 239. On the motion, the ayes were 103, nays 0. The motion prevailed. 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 74. By: Representatives Hooks of the 116th, Edwards of the 112th, Chambless of the 133rd, Greene of the 130th, Cox of the 141st, and others: A RESOLUTION creating the Joint Tandem Trailer Access to Public Roads Study Committee; and for other purposes. Representative Hooks of the 116th moved that the House recede from its position in disagreeing to the Senate amendment to HR 74 and that the Senate amendment be agreed to. On the motion, the ayes were 91, nays 1. The motion prevailed. The following Resolution of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto: SR 10. By: Senator Kidd of the 25th: A RESOLUTION authorizing the conveyance of certain state owned property located in the City of Milledgeville, Baldwin County, Georgia; and for other purposes. Representative Colwell of the 4th moved that the House insist on its position in amending SR 10. 1924 JOURNAL OF THE HOUSE, The motion prevailed. The following Resolution of the Senate was taken up for the purpose of considering the Senate amendment to the House amendment thereto: SR 27. By: Senators Gillis of the 20th, Reddish of the 6th, and Bryant of the 3rd: A RESOLUTION authorizing the conveyance of certain state owned real property located in Camden County, Georgia, to the United States of America and the acceptance of certain real property owned by the United States of America located in Camden County, Georgia, in consideration therefor; and for other purposes. The following Senate amendment was read: Amend the House amendment to SR 27 as follows: By striking on line 2 of the amendment the following: "line 5", and inserting in lieu thereof the following: "line 12". Representative Colwell of the 4th moved that the House agree to the Senate amendment to the House amendment to SR 27. On the motion, the ayes were 96, nays 0. The motion prevailed. The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR MONDAY, MARCH 4, 1985 Mr. Speaker and Members of the House: Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 4, 1985, by adding the following: SB 77 Libel Actions: Evidence SB 78 Legal Advertisements: Rates SB 88 Magistrate Cts.: Deputy Clerks Sign Summons SB 102 Amusement Ride Safety Act: Enact SB 115 Motor Vehicle Emission Inspection: Amend Provisions SB 207 County Boards of Education: Chairman: Selection SB 220 Boundaries: Coordinate System: Amend Provisions SR 91 Right Whale: State Marine Mammal 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 following Bills of the Senate were taken up for consideration and read the third time: SB 220. By: Senators Horton of the 17th and Tysinger of the 41st: A BILL to amend Chapter 4 of Title 44 of the Official Code of Georgia Annotated, MONDAY, MARCH 4, 1985 1925 relating to determination of boundaries, so as to change the provisions relating to the coordinate system used in this state; to describe, define, and adopt officially a system of coordinates for designating the geographic position of points on the surface of the earth within the State of Georgia; and for other purposes. The following amendment was read and adopted: The Committee on State Institutions and Property moves to amend SB 220 by striking on lines 12 and 23 of page 5 the following: "1985", and inserting in their place the following: "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 ayes were 119, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 102. By: Senators Barnes of the 33rd and Hudgins of the 15th: A BILL to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to enact the "Amusement Ride Safety Act"; to define terms; to provide for regulation and licensing of the ownership and operation of amusement rides; to provide for enforcement by the Department of Labor; to create the Advisory Board on Amusement Ride Safety to consult with the Department of Labor; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to enact the "Amusement Ride Safety Act"; to define terms; to provide for regulation and licensing of the ownership and operation of amusement rides; to provide for enforcement by the Department of Labor; to create the Advisory Board on Amusement Ride Safety to consult with the Department of Labor; to provide for the promulgation of standards and regulations; to require safety inspections of amusement rides; to require certain records to be kept by owners and operators of amusement rides; to require liability insurance or other surety for liability arising from the operation of amusement rides; to provide for waivers and exceptions; to provide for civil penalties; to authorize owners and operators of amusement rides to deny entry to persons for safety reasons; to disclaim creation of any liability of the state or its officers or agencies; to provide for all matters related 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 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by adding a new Chapter 12 to read as follows: "CHAPTER 12 34-12-1. This chapter shall be known and may be cited as the 'Amusement Ride Safety Act.' 1926 JOURNAL OF THE HOUSE, 34-12-2. As used in this chapter, the term: (1) 'Advisory board' means the Advisory Board on Amusement Ride Safety created by this chapter. (2) 'Amusement ride' means any mechanical device, other than those regulated by the Consumer Products Safety Commission, which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. (3) 'Authorized person' means a competent person experienced and instructed in the work to be performed who has been given the responsibility to perform his duty by the owner or his representative. (4) 'Certificate of inspection' means a certificate issued by a licensed inspector that an amusement ride meets all relevant provisions of this chapter and the standards and regulations adopted pursuant thereto. (5) 'Commissioner' means Commissioner of Labor. (6) 'Department' means the Department of Labor, which is designated to enforce the provisions of this chapter, to formulate standards and regulations for the approval of the advisory board, and to enforce the standards and regulations. (7) 'Licensed inspector' means a registered professional engineer or any other person who is found by the department to possess the requisite training and experience to perform competently the inspections required by this chapter and who is licensed by the department to perform inspections of amusement rides. (8) 'Operator' means a person or persons actually engaged in or directly controlling the operation of an amusement ride. (9) 'Owner' means a person, including the state or any of its subdivisions, who owns an amusement ride or, in the event that the amusement ride is leased, the lessee. (10) 'Permit' means a permit to operate an amusement ride issued to an owner by the department. (11) 'Permit fee' means the fee charged by the department for a permit to operate an amusement ride. (12) 'Standards and regulations' means those standards and regulations formulated and enforced by the department. 34-12-3. (a) There is created the Advisory Board on Amusement Ride Safety, which shall consist of five members who shall be appointed by the Governor. One member shall be the Commissioner or his designee; two members shall be representatives of the owners of amusement rides; one member shall be a member of the Senate or of the House of Representatives; and one member shall be a licensed mechanical engineer. (b) The terms of the members shall be two years, except that, of the first members appointed by the Governor, one shall be appointed for two years, two for three years, and two for four years. The Governor, in making such appointments, shall designate the term for which each is to serve and shall designate the chairman and vice-chairman of the advisory board. The terms of all members shall begin on July 1. (c) If the status of an advisory board member as a member of the group from which he was appointed should cease prior to the end of his term of office, then his position on the advisory board shall be declared vacant by the Governor. The Governor shall appoint a new member of the advisory board from the appropriate group to complete the term of office remaining upon any vacancy however occasioned. (d) The members of the advisory board shall serve without compensation but shall be reimbursed for their actual travel and lodging expenses incurred in attending meetings of the advisory board and in performing their duties as members thereof. 34-12-4. The advisory board is empowered to study any aspect of the 'Amusement Ride Safety Act' and the standards and regulations adopted thereunder and to make recommendations to the department on any matter relating to the proper conduct and improvement of the chapter, including its administrative, engineering, and technical aspects. 34-12-5. (a) The department, after consultation with the advisory board, shall formulate standards and regulations, or changes to such standards and regulations, for the safe assembly, disassembly, repair, maintenance, use, operation, and inspection of all MONDAY, MARCH 4, 1985 1927 amusement rides. The standards and regulations shall be reasonable and based upon generally accepted engineering standards, formulas, and practices pertinent to the industry. Formulation and promulgation of such standards and regulations shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' It is recognized that risks presented to the general public by amusement rides which are frequently assembled and disassembled are different from those presented by amusement rides which are not frequently assembled and disassembled. Accordingly, the department is authorized to formulate different standards and regulations with regard to such differing classes of amusement rides. (b) The department shall: (1) Enforce all standards and regulations; (2) License inspectors for authorization to inspect amusement rides; (3) Issue permits upon compliance with this chapter and such standards and regu- lations adopted pursuant to this chapter; and (4) Establish a fee schedule for the issuance of permits for amusement rides. 34-12-6. The department may license such private inspectors as may be necessary to carry out the provisions of this chapter. 34-12-7. (a) No amusement ride shall be operated, except for purposes of testing and inspection, until a permit for its operation has been issued by the department. The owner of an amusement ride shall apply for a permit to the department on a form furnished by the department providing such information as the department may require. (b) No such application shall be complete without including a certificate of inspection from a licensed inspector that the amusement ride meets all relevant provisions of this chapter and the standards and regulations adopted pursuant thereto. The cost of obtaining the certificate of inspection from a licensed inspector shall be borne by the owner or operator. 34-12-8. (a) All amusement rides shall be inspected annually, and may be inspected more frequently, by a licensed inspector at the owner or operator's expense. If the amusement ride meets all relevant provisions of this chapter and the standards and regulations adopted pursuant hereto, the licensed inspector shall provide to the owner or operator a certificate of inspection. All new amusement rides shall be inspected before commencing public operation. (b) Amusement rides and attractions may be required to be inspected by an authorized person each time they are assembled or disassembled in accordance with regulations and standards established under this chapter. 34-12-9. The department may waive the requirement of subsection (a) of Code Section 34-12-8 if the owner of an amusement ride gives satisfactory proof to the department that the amusement ride has passed an inspection conducted by a federal agency, by another state, or by a political subdivision within this or another state whose standards and regulations for the inspection of such an amusement ride are at least as stringent as those adopted pursuant to this chapter. 34-12-10. The department shall issue a permit to operate an amusement ride to the owner thereof, which permit shall be valid for a period of 12 months following the date of inspection by a licensed inspector upon completion by the owner of the application for a permit, presentation of a certificate of inspection or waiver thereof by the department, and payment of the permit fee. 34-12-11. The owner shall maintain up-to-date maintenance, inspection, and repair records between inspection periods for each amusement ride in accordance with such standards and regulations as are adopted pursuant to this chapter. Such records shall contain a copy of all inspection reports commencing with the last annual inspection, a description of all maintenance performed, and a description of any mechanical or structural failures or operational breakdowns and the types of actions taken to rectify these conditions. 34-12-12. No person shall be permitted to operate an amusement ride unless he is at least 16 years of age. An operator shall be in attendance at all times that an amusement ride is in operation and shall operate no more than one amusement ride at any given time. 1928 JOURNAL OF THE HOUSE, 34-12-13. The owner of the amusement ride shall report to the department any accident resulting in a fatality or an injury requiring immediate in-patient overnight hospitalization incurred during the operation of any amusement ride. The report shall be in writing, shall describe the nature of the occurrence and injury, and shall be mailed by first-class mail no later than the close of the next business day following the accident. Accidents resulting in a fatality shall also be reported immediately to the department in person or by phone in accordance with regulations adopted by the advisory board. 34-12-14. (a) No person shall operate an amusement ride unless at the time there is in existence: (1) A policy of insurance in an appropriate amount determined by regulation insuring the owner and operator (if an independent contractor) against liability for injury to persons arising out of the operation of the amusement ride; (2) A bond in a like amount; provided, however, that the aggregate liability of the surety under such bond shall not exceed the face amount thereof; or (3) Cash or other security acceptable to the department. (b) Regulations under this chapter shall permit appropriate deductibles or selfinsured retention amounts to such policies of insurance. The policy or bond shall be procured from one or more insurers or sureties acceptable to the department and licensed to transact business in this state. 34-12-15. If any person would incur practical difficulties or unnecessary hardships in complying with the standards and regulations adopted pursuant to this chapter, or if any person is aggrieved by any order issued by the department, the person may make a written application to the department stating his grounds and applying for a variance. The department may grant such a variance in the spirit of the provisions of this chapter with due regard to the public safety. The granting or denial of a variance by the department shall be in writing and shall describe the conditions under which the variance is granted or the reasons for denial. A record shall be kept of all variances granted by the department and such record shall be open to inspection by the public. 34-12-16. This chapter shall not apply to any single-passenger coin operated amusement ride on a stationary foundation or to playground equipment such as swings, seesaws, slides, jungle gyms, and rider propelled merry-go-rounds. 34-12-17. This chapter shall not be construed so as to prevent the use of any existing amusement ride found to be in a safe condition and to be in conformance with the standards and regulations adopted pursuant to this chapter. Owners of amusement rides in operation on or before the effective date of this chapter shall comply with the provisions of this chapter and the standards and regulations adopted pursuant to this chapter within six months after the adoption of said standards and regulations. 34-12-18. Any owner of an amusement ride which is operated, except for purposes of testing or inspection, without having obtained a permit from the department or any person who violates any order, standard, or regulation adopted pursuant to this chapter may be subject to a civil fine of up to $1,000.00. An owner of an amusement ride shall not be subject to a civil fine for operation prior to obtaining the required permit if he exercised reasonable diligence to prevent such operation. 34-12-19. The owner or operator of an amusement ride may deny entry to a person to an amusement ride, if in the owner's or operator's opinion the entry may jeopardize the safety of such person or the safety of any other person. Nothing in this section will permit an owner or operator to deny an inspector access to an amusement ride when such inspector is acting within the scope of his duties under this chapter. 34-12-20. Neither this chapter nor any provision of this chapter shall be construed to place any liability on the State of Georgia, the department, or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to amusement rides and any injury or damages arising therefrom." Section 2. This Act shall become effective January 1, 1986. 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. MONDAY, MARCH 4, 1985 1929 On the passage of the Bill, by substitute, the ayes were 121, nays 4. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1035 Do Pass, by Substitute HB 1084 Do Pass, as Amended Respectfully submitted, Adams of the 36th Chairman Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time: SB 115. By: Senators Gillis of the 20th, Barnes of the 33rd, Dean of the 31st, and Trulock of the 10th: A BILL to amend Part 2 of Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to redefine the term "responsible motor vehicle"; and for other purposes. The following amendment was read: Representative Burruss of the 20th moves to amend SB 115 as follows: On line 1, page 6, strike the figure "$10.00" and substitute in lieu thereof the figure "$5.00", and By striking from line 6, page 6, the figure "SO*" and substituting the figure "25 J- . * Lawler N Lawrence Y Lawson v Lelw * H*Vw Y Lmder Y Logan it"!! N Lord 1930 JOURNAL OF THE HOUSE, Lucas N Lupton Maddox Y Mangum Y Martin.C N Martin,J Y Matthews Y McDonald N McKelvey Y McKinney NMilam Y Milford N Moody N Moore Y Morton Y Mostiler Y Moultrie Y MueUer Y Oliver.C Oliver.D Padgett N Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston N Porter Y Rainey N Ramsey.T Y Ramsey.V YRandall Y Ransom NRay Y Reaves Y Redding Y Richardson Y Robinson.C N Robinson,P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod N Sinkfleld Sizemore N Smith,L N Smith,P N Smith,T N Smyre N Stancil Y Steinberg Y Thomas,C N Thomas.M Y Thompson N Townsend Y Triplett Y Twiggs N Waddle Y Waldrep N Walker.C On the adoption of the amendment, the ayes were 100, nays 65. The amendment was adopted. Walker,L Y Wall N Ware N Watson N Watts Y White Y Wilder N Williams.B Y WilliamsJ Y Williams,R Y Wilson YWood Y Workman Y Yeargin N Young Murphy,Spkr The following amendments were read and lost: Representative Burruss of the 20th moves to amend SB 115 by striking from page 2, line 23, the figure "11" and substituting in lieu thereof the figure "9". Representative Lawler of the 20th moves to amend SB 115 by deleting line 32 on page 6 to line 6 on page 7 and inserting "(3) There shall be no fee for the emission inspection and the Department of Public Safety shall provide the emission inspection at all driver's license renewal locations and county tag offices." The following amendment was read: Representative Barnett of the 59th moves to amend SB 115 by adding on line 24 of page 1 after the following: "inspection;", the following: "to provide that this part shall be applicable to all counties in the State of Georgia;". By redesignating Section 7 and Section 8 as Section 8 and Section 9, respectively. By adding between line 21 and line 22 of page 7 the following: "Section 7. Said part is further amended by adding at the end thereof a new Code Section 40-8-164 to read as follows: '40-8-164. Notwithstanding any other provision of this part to the contrary, from and after April 1, 1986, this part shall apply in every county in this state; and, from and after April 1, 1986, each county in this state shall be deemed to have ambient air levels of photochemical oxidants and carbon monoxide in excess of the National Ambient Air Quality Standards and shall be deemed to have more than 200,000 registered or licensed motor vehicles.'" On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Aaron N Adams.G N Adams.M Y Aiken N Alford N Alien N Anderson N Argo NAthon Y Atkins Auten N Bailey N Balkcom Y Bannister N Bargeron N Barnett,B Y Bamett,M NBeck N Benefield NBenn MONDAY, MARCH 4, 1985 1931 N Birdsong Bishop Y Bolster N Bostick N Branch NBray Y Brooks N Brown.G N Brown,J NBuck Burruss NByrd N Carter N Chambless Chance N Cheeks N Childers Y Childs Y Clark,B N Clark,L Y Colbert N Coleman N Colwell N Connell Y Cooper N Copelan Couch NCoi N Crawford N Crosby N Cummings Daugherty Y Davis NDean N Dixon N Dobbs Dover N Dunn N Edwards N Evans N Felton N Foster N Galer NGodbee Y Goodwin N Greene N Greer N Groover N Hamilton N Hanner N Hasty NHays N Heard NHill N Holcomb N Holmes N Hooks N Home N Hudson YIsakscn N Jackson,J N Jackson.N N Jamieson N Johnson,D N Johnson.F N Johnson.R N Johnson,S N Kilgore N Kingston N Lane,D N Lane,R Y Lawler N Lawrence N Lawson N Lee,C N Lee.W N Linder N Logan NLong NLord Lucas Y Lupton N Maddox Y Mangum Y Martin.C N Martin,J N Matthews N McDonald N McKelvey Y McKinney N Milam N Milford N Moody N Moore Y Morton N Mostiler N Moultrie N Mueller N Oliver.C Oliver.D N Padgett N Pannell N Parham N Parrish N Patten N Peters N Pettit N Phillips N Pinkston N Porter N Rainey N Ramsey.T Ramsey.V NRandall N Ransom NRay N Reaves Y Redding N Richardson Y Robinson.C N Robinson.P Rosa N Royal N Russell N Selman N Shepard N Sherrod Y Sinkfield Sizemore N Smith.L N Smith,P N Smith.T N Smyre N Stancil Y Steinberg N Thomas.C N Thomas.M Y Thompson Y Townsend N Triplet! N Twiggs N Waddle N Waldrep N Walker.C Walker.L Y Wall N Ware N Watson N Watts N White Y Wilder N Williams.B Williams.J N Williams.R Y Wilson N Wood Y Workman N Yeargin N Young Murphy.Spkr On the adoption of the amendment, the ayes were 30, nays 135. The amendment was lost. The following Committee substitute was read: A BILL To amend Part 2 of Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to redefine the term "responsible motor vehicle"; to provide that emission inspection certificate requirements as to hydrocarbons and carbon monoxide shall remain in effect in a county so long as an excess of either photochemical oxidants or carbon monoxide continues to be designated in any part thereof; to provide for lost certificates; to provide that after the initial 12 month period of applicability, certificates of emission inspection must be displayed on responsible motor vehicles; to provide for the issuance of emission inspection verification forms; to provide for such verification forms; to provide for the use of emission inspection verification forms when applying for a vehicle license plate or revalidation sticker; to prohibit counties, beginning January 1, 1986, from registering or issuing licenses for responsible motor vehicles unless the owner provides a valid certificate of emission inspection; to prohibit a person from operating a responsible motor vehicle without a registration or license issued in accordance with this part; to increase the fee charged by each emission inspection station and the regulatory fee remitted to the state; to provide that funding assistance from the Department of Transportation may be denied any county which registers any responsible motor vehicle without receiving proof of emission inspection; to change certain provisions relating to false certificates of emission inspection; 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 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," is amended by striking paragraph (22) of Code Section 40-8-153, relating to definitions of terms used in such part, and inserting in lieu thereof a new paragraph (22) to read as follows: 1932 JOURNAL OF THE HOUSE, "(22) 'Responsible motor vehicle' means any motor vehicle propelled by gasoline combustion power with a gross weight ef less than 6,000 pounds, except motorcycles and motor driven cycles, designed for carrying ten passengers or less and used for the transportation of persons (passenger car or vehicle) and any motor vehicle propelled by gasoline combustion power designed, used, or maintained primarily for the transportation of property which has a gross vehicle weight rating of less than 8,500 pounds (light-duty truck), excluding: (A) Any motorcycle motor vehicle not designed primarily for highway use; and; \D/ Any motor venicie mot designed primarily fop ni^nwsy use5 find piotor vehicle manufactured in a model year ending more than 11 calendar years prior to January I of the calendar year in which this part is being or is sought to be enforced. { ) Any meter vehicle manufactured in a medel year ending mere than ie eatendflr yesps prior to u Anuspy T of the CAlend AP yesr ffl wnicn tins psrt is oemg OP is Section 2. Said part is further amended by striking subsection (f) of Code Section 40-8-156, relating to the requirement of certificates of emission inspection in certain counties, and inserting in lieu thereof a new subsection (f) to read as follows: "(f) With respect te emission inspections required by paragraph {t) ef subsection -(b) ef this Code section, and emission standards required by paragraph {2) ef subsection {b} of tins oode section, sucn A ceptificAte 9nAli "be reQUiped with respect to liydPOCAFbons only wnepe tn excess of pnotoenemicAI oxidtints continues to t)e design&ted, find witn designated. 5%e certificate requirements ef paragraphs (3) ad {4} ef subsection fb) ef tnis Oode section srifl.il Apply only if fln excess of either pnotocnemicAi oxid&ntS' or carbon monoxide continues te be designated, In any event, the The requirements of paragraphs (1) through (4) of subsection (b) of this Code section shall remain in effect in a county only during such time as such county or some part thereof continues to be designated by USEPA pursuant to the Federal Clean Air Act as having ambient air levels of either photochemical oxidants or carbon monoxide in excess of the NAAQS for such pollutant." Section 3. Said part is further amended by striking subsections (d), (e), (f), (g), (h), and (i) of Code Section 40-8-158, relating to periodic inspection and maintenance, and inserting in lieu thereof new subsections (d), (e), (f), (g), and (h) to read as follows: "{d} Notwithstanding the requirements ef subsection {a) ef this Code section, enfy the requirements contained in paragraphs {1} and 43) ef such subsection shall be cffcctive during AR initiAi TE month peplod of ApplicAbility beinnin on OP Alter April TJ .LUoAf so tnfit &ny pesponsiDie motop vetiicie subject to Any pec|uiFement under Oode ocction 4v O" Aoo during sueA initi&i TS moiitii period of sppiicflbility m&y ue issued A certificate ef emission inspection, (or 8eh initial IS saenth period ef applicability, upon a dctcrminatiea that the inspections required by paragraphs 41) ad (&) f subsection \A/ of tnis Oode section nAve been pertopineor upon issuAnce of A certiftc&te of inspec~ notified ef the results ef seh inspections ad notified as te whether saeh meter vehicle weaW have complied with paragraphs {2} and (4) ef- subsection {a} ef this Code section had they been applicable. ef- this Code section had they been applicable. {e) AH the requirements ef paragraphs {1} through {4) ef subsection {a) and ef sbscctiona {b} and {e) ef this Code section shall become effective upon termination ef any initial 12 menth peed ef applicability, se that en and after termination ef the initial 12 month peried ef applicability any responsible meter vehicle subject te any rcquircment ef Code Section 40-8-166 may be issued a certificate ef inspection only in accordanee with th requirements ef paragraphs (1) through f4> ef subsection (a> and ef subsections {b} and {e} ef this Code section. { -) (d) As used in this Code section, the term 'initial 12 month period of applicability' means, for a given county, the 12 month period following April 1 of a given calendar year, or the 12 month period following the date on which the requirements of Code Section 40-8-156 otherwise become applicable, when such county became subject to any requirement under Code Section 40-8-156 for the first time. Any county which has been subject to any requirement under this part, again becoming subject to any requirement under this part subsequent to an intervening period during which such county was not subject to any requirement under this part, shall be considered to be in an initial year of applicability upon again becoming subject to any requirement under this part in such manner. (g) (e A Following the initial 12 month period of applicability, a certificate of emission inspections shall be displayed in the lower left-hand corner of the rear window on 1938 JOURNAL OF THE HOUSE, a vehicle which has been inspected and has been approved as meeting the requirements of this part and shall bear the date the vehicle was inspected, the number or other identification of the inspecting station, the signature of the mechanic inspector performing the inspection, and such other information as shall be required by the commissioner. The mechanic inspector shall remove from the vehicle being inspected any old certificate of emission inspection when a new certificate of emission inspection will be issued. {h} (f) All certificates of emission inspection shall be issued for a period of one year. 4*} (g) With respect to any inspection or certificate of inspection required for a responsible motor vehicle at the time of the initial retail sale of such vehicle when new, the department may provide for the issuance of certificates of inspection for such vehicle by the franchised dealer selling the vehicle, provided such dealer first determines that such vehicle meets the applicable requirements of the Federal Clean Air Act." Section 4. Said part is further amended by striking paragraph (3) of subsection (d) of Code Section 40-8-159, relating to certification of emission inspection stations, and inserting in lieu thereof a new paragraph (3) to read as follows: "(3) A fee of $&96 not to exceed $7.00 shall be charged by each emission inspection station for performance of the emission inspection and emission control equipment inspection required by this part. Such fee does not include any required maintenance. The station may be required to remit to the commissioner 26t 50 fBTi \nJIf JAliInnUKnaTillneol, 1T?llUnrliifulcai, (v~j\to;fv\Tsirgr{iaa, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, and (11) "Southern Region bank" means a bank- ether than a Georgia bank organized under tfte iftws of one of tiie ooutliern rte^ion stfltcs OP of tne u nited otdtes &nd, in either event, having banking offices only in the Southern Region states^ ^.L -- J.. \A) HAS its ppincipfll plftce of business m "ft ooutftern rve^jion stdte otrier tritn +Kp Rtfltp rtf flpArglfl' (,.oj lifts totsl deposits of its ooutnern rtegion D&HK suDsidiftnes find oeor^ifl iflpies of su^n (jftRK iioldin.^ compftwy otriep trisn triose D&HK SUDStuiflrles field udf subsection {a) ef Code Section 7-1-622; and \v->'/ Is not contFoiled by ft bdiiK holding compftny otrier tti&n ft ooutnepn Region bank holding company. (13) (12) "Subsidiary" means that which is set forth either in Code Section 7-1-605 or Section 2 of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841. 7-1-621. (a) Upon compliance with the provisions of Code Section 7-1-606, which provisions shall be expressly applicable to any such acquisition, and subject to the qualifications of subsections (c) and (d) below: (1) A Georgia bank holding company may acquire another Georgia bank holding company or Georgia bank; (2) A Georgia bank holding company may acquire a Southern Region bank holding company er a Southern Region bank non-Georgia bank holding company or a non-Georgia bank; (3) A Southern Region non-Georgia bank holding company may acquire a Georgia bank holding company or a Georgia bank; and (4) A Southern Region non-Georgia bank holding company may acquire a Southem Region non-Georgia bank holding company having a Georgia bank subsidiary; provided, however, that the commissioner must rule on any application to him seeking approval to engage in a transaction under this paragraph (4) not later than 90 days following the date of submission of a completed application to him seeking approval of such transaction. If the commissioner fails to rule on the application within the requisite 90 day period, the proposed transaction shall stand approved. (b) A Southern Region non-Georgia bank holding company having a Georgia bank subsidiary may acquire a Southern Region non-Georgia bank holding company that does not have a Georgia bank subsidiary er may acquire a Southern Region bank. Such Southern Region non-Georgia bank holding company shall notify the department at least 30 days prior to the consummation of the proposed transaction. The notification requirements of this subsection shall be satisfied by furnishing the department with a copy of the application or applications filed with the federal bank regulatory authority or authorities seeking approval for the proposed transaction. (c) The commissioner shall not approve any application by a Southern Region nonGeorgia bank holding company not having a Georgia bank subsidiary other than a Georgia bank acquired pursuant to Code Section 7-1-622 to acquire either a Georgia bank holding company, a Georgia bank, or a Southern Region non-Georgia bank holding company having a Georgia bank subsidiary unless in the Southern Region state where the Southern Region non-Georgia bank holding company seeking to engage in an acquisition under subsection (a) or (b) of this Code section has its principal place 1996 JOURNAL OF THE HOUSE, of business, the laws governing the acquisition of banks or bank holding companies in such state by bank holding companies having their principal place of business outside such state, that do not otherwise apply to acquisitions of banks or bank holding companies in such state by bank holding companies in such state, expressly would permit a Georgia bank holding company controlling only a Georgia bank to acquire: (1) The Southern Region non-Georgia bank holding company seeking to make the proposed acquisition; and (2) The Georgia bank holding company, Georgia bank, or Georgia bank subsidiary of the Southern Region non-Georgia bank holding company proposed to be acquired if the principal place of business of such Georgia bank holding company or the offices of such Georgia bank were in such state. (d) Notwithstanding anything contained in subsection (a) or (b) of this Code section, no Georgia bank holding company or Southern Region non-Georgia bank holding company may: (1) Utilize the provisions of subsection (e) of Code Section 7-1-606 to operate branches of a single bank both in this state and in any other state; or (2) Directly or indirectly acquire a Georgia bank unless such bank has been in existence and continuously operated as a bank for a period of five years or more prior to the date of application to the commissioner for approval of such acquisition. Notwithstanding the foregoing, nothing shall prohibit a Southern Region nonGeorgia bank holding company from acquiring all or substantially all of the shares of a Georgia bank organized solely for the purpose of facilitating the acquisition of a bank which has been in existence and continuously operated as a bank for the requisite five-year period. /~J.~oZ^. \ft/ A. oouuiern Kc^fion o&fiK, ft oouthcfft ttc^ion D&HK iioi a Georgia bank; or a Georgia bank holding company may acquire or control, and shall Georgia bank; or Georgia bank holding company, respectively, by virtue of its acquisition or control of the institutions described in paragraphs (1) through (3) below: (1) A bank having banking offices in a state other than a Southern Region state Georgia, if such acquisition has been consummated pursuant to the provisions of Section 116 or 123 of the Garn-St Germain Depository Institutions Act of 1982, 12 U.S.C. Section 1823(f) or 1730a(m); (2) A bank having banking offices in a state other than a Southern Region state Georgia, if such acquisition has been consummated in the regular course of securing or collecting a debt previously contracted in good faith, as provided in Section 3(a) of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1842(a), if the bank or bank holding company divests the securities or assets acquired within two years of the date of acquisition. A Georgia bank holding company or Georgia bank; er a Southern Region bank- holding company controlling a Georgia bank, may retain such interests for up to three additional periods of one year each if the commissioner determines that the required divestiture would create undue financial difficulties for such bank or bank holding company; or (3) A bank organized under the laws of the United States or of any state and operating under Section 25 or Section 25(a) of the Federal Reserve Act, as amended, 12 U.S.C. Section 601 or Sections 611 through 631, or a bank or bank holding company organized under the laws of a foreign country that is principally engaged in business outside the United States and which either has no banking office in the United States or has banking offices in the United States that are engaged only in business activities permissible for a bank operating under Section 25 or 25(a) of the Federal Reserve Act, as amended, 12 U.S.C. Section 601 or Sections 611 through 631. {b) A Georgia bank holding company or a Southern Region bask holding company having a Georgia baafc subsidiary may atee acquire a bank er bank holding company uj-ynfrVictnri- tLhIinnnn ttrtaa cttAv.njjrrocossai1y\T jnjocrrrmviiiaooiiiiVuiilca nuin^u/lncrr V(~J*I.Tf\Uf\Ca ofjtajru-ntiunnn 'iT---'li--_\fti9*1. TrTtrT aanuhL*ayoccftnifuyini \taaj\ TnTfI this Gode section for se leag ast TUESDAY, MARCH 5, 1985 1997 ft) Immediately following the acquisition, the Georgia bank holding company or definitional tests provided in paragraph {8} er f!2) ef Gede Section 7-1-620; and \j-i) l fie Oeor^fifl DftnK noidm^j compflny or ooutnern Jrve^ion Dftnii rioldinj* coinp&tty complies with tnc rcQUirements or subsection \s/ &f \*^/ ^* Oodc bccttOR 7-1-621, as appropriate, which aubaections shall be expreaaly applicable to any such acquisition. / l~D^o. \ttj .cixcept fts spcciticfllly permitted under t^ode occtioft T'^i^oc^, no DftnK noidin^ compftRy of bouttiem rvc^ion Qftnic noldinj* compftny nflvm^j ~ft DftnK suDsidiftry m.fly flccjuire ft DflnK noiuin^ compflny wnicii is not either st Georgia bank holding company or Southern Region bank holding company er a bank which is net either a Georgia bank or a Southern Region bank. fb) Except as expressly permitted by federal tew; e bank holding company which company may acquire a Georgia bak holding company, a Georgia bank, er a Southern Region bank holding company controlling a Georgia bank. {e} In the event any bank holding company makes an acquiaition that is prohibited by this part, the commissioner shall require such bank holding company to divest itself immediately of its direct or indirect ownership or control of any Georgia banks. In addition, the commissioner shall have the power to enforce any other prohibitions in this part by requiring divestiturea of nonconforming banks, bank holding companies, or assets, through the imposition of fines and penalties or through the exercise of such other remedies as are provided in this chapter, including but not limited to judicial actions. 7-1-624. (a) Any Georgia bank holding company and any Southern Region nonGeorgia bank holding company controlling a Georgia bank shall be subject to the provisions of Code Section 7-1-607 and the rules and regulations of the department applicable to bank holding companies. (b) Any bank holding company that has a Georgia bank aubaidiary that is not otherwise organized under the laws of this state or qualified to do business in this state shall qualify to do business in this state as a foreign corporation and shall advise the department of the location of its initial registered office within this state and the name of its initial registered agent at such location. Such bank holding company shall agree to be bound by all the provisions of Code Sections 7-1-605 through 7-1-608 and by the provisions of this part. Any bank holding company having a Georgia bank subaidiary shall promptly advise the department of any changes in ita registered office and agent. (c) The department may enter into cooperative and reciprocal agreements with the bank regulatory authorities of any state for the periodic examination of bank holding companies and may accept reports of examination and other records from such authorities in lieu of conducting its own examinations. The department may enter into joint actions with other regulatory bodiea having concurrent jurisdiction or may enter into such actiona independently to carry out its responsibilitiea under this title and assure compliance with the laws of thia state. 7-1-625. (a) It is the express intention of the Georgia legislature to provide a unified and orderly method of permitting limited interstate banking en a regional basis. Thus if any provision of this part establishing the regional framework within which interstate banking may occur; providing for approval and supervisory powers of the department and the commissioner er limiting expansion inte this state te bank nics locstcd tw stfltcs sfl11stying tnc ?cQuiFoments Or subsection \c) Code Section 7-1-621 ef this part is determined by final, nonappealable order of any Georgia or federal court of competent jurisdiction to be invalid or unconstitutional, this entire part shall be null and void and of no further force and effect from the effective date of such final determination. (b) Nothing contained in this part shall be construed to amend or modify the provisions of any other part of this chapter governing the supervision or regulation of banks and bank holding companies, as defined therein, or the organization and powers 1998 JOURNAL OF THE HOUSE, of the department and the commissioner with respect thereto as provided in such other parts. 7-1-626. Any Georgia or non-Georgia bank or any Georgia or non-Georgia bank holding company which violates any provision of this part shall, upon conviction, be fined not less than $500.00 nor more than $5,000.00 unless it shall cease and desist therefrom within 60 days after notice of any such violation served on it by the department. Each day on which such violation occurs shall constitute a separate offense.'" On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Aaron N Adams.G N Adams.M N Aiken N Alford Y Alien Y Anderson N Argo N Athon N Atkins N Auten N Bailey N Balkcom N Bannister Y Bargeron Y Barnett,B N Barnett,M NBeck Y Benefield Benn N Birdsong N Bishop N Bolster Y Bostick Y Branch YBray N Brooks N Brown.G N Brown.J NBuck N Burruss YByrd Carter N Chambless N Chance N Cheeks Y Childers N Childs N Clark,B Y Clark,L N Colbert N Coleman Y Colwell N Connell Y Cooper Y Copelan Couch NCoi Y Crawford Y Crosby N Cummings Daugherty Davis NDean N Dixon Y Dobbs N Dover N Dunn Edwards N Evans N Felton N Foster NGaler YGodbee NGoodwin Y Greene NGreer N Groover N Hamilton Y Manner Y Hasty YHays N Heard YHill N Holcomb N Holmes N Hooks Y Home Y Hudson N Isakson N Jackson,J Y Jackson.N Y Jamieson N Johnson,D N Johnson,F N Johnson,R N Johnson,S N Kilgore N Kingston N Lane,D YLane,R N Lawler N Lawrence Y Lawson YLee.C N Lee,W Y Under NLogan NLong YLord Lucas N Lupton Y Maddox N Mangum N Martin.C N Martin,J N Matthews N McDonald N McKelvey McKinney NMilam N Milford Y Moody Y Moore N Morton N Mostiler Y Moultrie N Mueller N Oliver.C Oliver,D N Padgett N Pannell YParham N Parrish N Patten N Peters N Pettit Y Phillips N Pinkston Y Porter Y Rainey N Ramsey.T N Ramsey.V NRandall N Ransom YRay Y Reaves N Redding N Richardson N Robinson.C N Robinson.P Ross Y Royal N Russell On the adoption of the amendment, the ayes were 53, nays 115. The amendment was lost. N Selman Y Shepard N Sherrod N Sinkfield Y Sizemore Y Smith,L N Smith,P Smith.T NSmyre Y Stancil N Steinberg Y Thomas.C N Thomas.M N Thompson N Townsend N Triplett Y Twiggs N Waddle Y Waldrep N Walker.C N Walker,L NWall N Ware N Watson Y Watts N White N Wilder N Williams.B N Williams,J Y Williams.R N Wilson N Wood N Workman Y Yeargin N Young Murphy.Spkr Representative Smith of the 152nd moved that the House reconsider its action in failing to adopt the Heard amendment to the Committee substitute to SB 65. The Heard amendment was again read. On the motion, the roll call was ordered and the vote was as follows: N Aaron N Adams.G Y Adams.M N Aiken N Alford Y Alien Y Anderson N Argo N Athon N Atkins N Auten N Bailey N Balkcom N Bannister Y Bargeron Y Barnett,B N Barnett,M NBeck Y Benefield Benn Y Birdsong N Bishop N Bolster Y Bostick Y Branch YBray N Brooks Y Brown.G N Brown,J YBuck Burruss YByrd Y Carter Chambless N Chance N Cheeks N Childers N Childs N Clark,B Y Clark,L N Colbert N Coleman Y Colwell N Connell Y Cooper Y Copelan Couch YCox Y Crawford Y Crosby TUESDAY, MARCH 5, 1985 1999 NCummings NDaugherty Davte NDean YDixon YDobbs Y Dover NDunn Y Edwards Y Evans NFelton N Foster NGaler NGodbee NGoodwin YGreene NGreer N Groover N Hamilton YHanner N Hasty YHays Y Heard NHuT NHolcomb N Holmes Y Hooks N Home N Hudson N Isakson NJackson,J NJackson,N Y Jamieson N Johnson,D N Johnson,F N Johnson,R Y Johnson.S N Kilgore N Kingston N Lane,D NLane,R N Lawler N Lawrence N Lawson Y Lee.C NLeeW N Linder N Logan N Long NLord Lucas N Lupton N Maddo* N Mangum Y Martin,C N Martin,J N Matthews N McDonald N McKelvey McKinney N Milam Y Milford Y Moody Y Moore N Mortal Y Mostiler N Moultrie N Mueller Y Oliver.C Y Oliver.D N Padgett N Pannell Y Parham N Parrish N Patten Peters N Pettit Y Phillips On the motion, the ayes were 63, nays 108. The motion was lost. N Pinkston Y Porter Y Rainey N Ramsey.T N RamseyV N RandaU N Ransom Y Ray Y Reaves Y Redding N Richardson N Robinson.C N Robinson.P Y Ross Y Royal N Russell N Selman l?*"* N Sherrod N Sinkfield Y Sizemore Y Smith,L N Smith,P Y Smith.T N Smyre Y Stancil N Steinberg N Thomas.C N Thomas.M N Thompson N Townsend ^Triplett Y Twiggs Y Waddle Y Waldrep N Walker C Y Walker.L N Wall N Ware Y Watson Y Watts N White N Wider 2 w^T"'? v w-ii- B Y WiUiams,R N WJson N Wood N Workman Y Yeargm N Young Murphy.Spkr The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Aaron YAdams,G NAdams,M YAiken NAlford Y Alien NAnderson YAreo NAtnon Y Atkins YAuten Y Bailey NBalkcom Y Bannister NBargeron NBarnett,B YBarnett,M Y Beck NBenefield YBenn NBirdsong Y Bishop Y Bolster NBostick N Branch NBray Y Brooks YBrown,G NBrown,J YBuck YBurruss NByrd N Carter Y Chambless Y Chance Y Cheeks N Childers YChilds Y Clark,B N Clark,L YColbert NColeman NColwell Y Connell Y Cooper N Copelan Couch N Cox N Crawford N Crosby N Cummings Y Daugherty Davis Y Dean NDiion N Dobbs N Dover NDunn N Edwards N Evans Y Felton N Foster YGaler NGodbee Y Goodwin N Greene Y Greer Y Groover Y Hamilton N Banner N Hasty N Hays N Heard N Hill Y Holcomb Y Holmes Y Hooks Y Home N Hudson Y Isakson N Jackson,J N Jackson.N N Jamieson Y Johnson.D Y Johnson,F Y Johnson,R N Johnson^ N Kilgore Y Kingston Y Lane,D N Lane,R Y Lawler Y Lawrence N Lawson N Lee.C Y Lee.W Y Linder Y Logan N Long NLord Y Lucas Y Lupton N Maddoz N Mangum N Martin.C Y Martin,J N Matthews N McDonald N McKelvey Y McKinney Y Milam Y Milford N Moody N Moore Y Morton N Mostiler Y Moultrie Y Mueller N Oliver.C N 01iver,D Y Padgett Y Pannell N Parham N ParrUh N Patten N Peters N Pettit N Phillips Y Pinkston N Porter N Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom N Ray N Reaves K^!!ig Y Richardson Y Robinson.C Y Robinson.P S5"88 , N Royal N Russell xrtt'1"^ N Shepard N Sherrod Y Smkfield N Sizemore N Smith,L N |mith,P N Smith,T x,?myre-, N Stancil Y Steinberg N Thomas.C Y Thomas,M Y Thompson Y Townsend ,w 5,Wa?,dre?, YWalker.C N Walker,L 2000 JOURNAL OF THE HOUSE, Y Wall N Ware Y Watson N Watts Y White Y Wilder Y Williams.B Y Williams,J N Williams.R Y Wilson N Wood Y Workman N Yeargin Y Young Murphy ,Spkr On the passage of the Bill, by substitute, as amended, the ayes were 87, nays 90. The Bill, by substitute, as amended, having failed to receive the requisite constitutional majority, was lost. Representative Pinkston of the 100th 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 65, by substitute, as amended. The Speaker announced the House in recess until 3:00 o'clock, this afternoon. TUESDAY, MARCH 5, 1985 2001 AFTERNOON SESSION The Speaker called the House to order. Representative Pinkston of the 100th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate: SB 65. By: Senators Allgood of the 22nd, Barnes of the 33rd, and Hudgins of the 15th: A BILL to amend Part 18 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank branches, offices, facilities, and holding companies, so as to redefine certain terms; to define the terms "metropolitan statistical area" and "limited purpose bank"; to authorize parent banks or branch banks to establish and operate bank offices or bank facilities under certain conditions within any county or any metropolitan statistical area; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G N Adams.M Aiken Y Alford N Alien N Anderson YArgo N Athon Y Atkins Y Auten Bailey N Balkcom Y Bannister Bargeron N Bamett,B Y Bamett,M YBeck N Benefield Benn Y Birdsong Bishop Y Bolster Bostick N Branch NBray Y Brooks Y Brown,G N Brown.J YBuck Y Burruss NByrd N Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B N Clark,L Y Colbert N Coleman N Colwell Y Connell Y Cooper N Copelan Couch Cox N Crawford N Crosby Y Cummings Daugherty YDavis YDean Y Diion N Dobbs N Dover NDunn N Edwards N Evans Y Felton N Foster YGaler N Godbee Goodwin N Greene Y Greer Y Groover Y Hamilton N Hanner N Hasty NHays Y Heard Hill Y Holcomb Y Holmes Y Hooks Home N Hudson Ylsakson Jackson,J N Jackson.N N Jamieson Y Johnson,D Johnson,F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston Y Lane.D N Lane,R Y Lawler Y Lawrence N Lawson NLee.C YLee.W Under YLogan N Long NLord Y Lucas Y Lupton N Maddox Y Mangum Y Martin.C Y Martin,J N Matthews N McDonald On the motion, the ayes were 81, nays 71. The motion prevailed. N McKelvey Y McKinney YMilam Y Milford N Moody N Moore Y Morton N Mostiler N Moultrie Mueller N Oliver.C N 01iver,D Y Padgett Y Pannell Parham N Parrish N Patten N Peters Pettit N Phillips Y Pinkston Porter N Rainey Ramsey.T Y Ramsey.V Randall Y Ransom NRay N Reaves Redding Y Richardson Y Robinson.C Y Robinson.P NRoss N Royal N Russell Y Selman N Shepard N Sherrod Y Sinkfield N Sizemore N Smith,L N Smith.P Smith,T YSmyre N Stancil Y Steinberg N Thomas,C Y Thomas.M Y Thompson Y Townsend Y Triplett NTwiggs Y Waddle N Waldrep Y Walker.C Walker.L Y Wall N Ware N Watson N Watts Y White Y Wilder Y Williams,B Williams,J N Williams,R Y Wilson Wood Y Workman N Yeargin Y Young Murphy.Spkr Representative Goodwin of the 63rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: 2002 JOURNAL OF THE HOUSE, Mr. Speaker: The Senate has disagreed to the House amendments to the following Bill of the Senate: SB 77. By: Senator Barnes of the 33rd: A BILL to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to change the nature of relevant and competent evidence in libel actions; to provide that evidence of a plaintiffs request for retraction shall be relevant and competent if the request is made in writing at least 14 days prior to the filing of the action; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House: HB 919. By: Representatives Connell of the 87th, Wilson of the 20th, Murphy of the 18th, Lee of the 72nd, Buck of the 95th, and others: A BILL to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to create the Georgia Eminent Scholars Endowment Trust Fund; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House: HB 303. By: Representatives Buck of the 95th, Groover of the 99th, and Robinson of the 96th: A BILL to amend Code Section 44-12-199 of the Official Code of Georgia Annotated, relating to the presumption of abandonment of property held for the owner by a public official or entity, so as to authorize law enforcement agencies to provide for the disposition by destruction or sale of certain weapons not used in the commission of a crime or seized in the execution of a warrant; and for other purposes. The Senate has adopted, as amended, by the requisite constitutional majority the following Resolution of the House: HR 106. By: Representative McDonald of the 12th: A RESOLUTION creating the Joint Study Committee on Superior Court Judgeships; and for other purposes. The Senate insists on its substitute to the following Bill of the House: HB 270. By: Representatives Walker of the 115th, Murphy of the 18th, Burruss of the 20th, Groover of the 99th, Buck of the 95th, and others: A BILL to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change certain of such salaries; to add certain officials; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House: HB 625. By: Representatives Copelan of the 106th, Greene of the 130th, Jamieson of the llth, Godbee of the 110th, Parrish of the 109th, and others: A BILL to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide for legislative intent; to provide the effective date of Acts affecting the compensation of certain county officers; and for other purposes. TUESDAY, MARCH 5, 1985 2003 HB 346. By: Representatives Thomas of the 69th, Lee of the 70th, Childs of the 53rd, Richardson of the 52nd, Watts of the 41st, and Wilson of the 20th: A BILL to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle insurance, so as to provide that no motor vehicle insurance policy which provides coverage for the spouse of the named insured may contain a provision for termination of such coverage as a result of a break in the marital relationship other than divorce or death; and for other purposes. HB 51. By: Representatives Bolster of the 30th, Adams of the 36th, Barnett of the 10th, Crosby of the 150th, Alford of the 57th, and Thomas of the 69th: A BILL to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide procedures for the exercise of the zoning power by counties and municipalities; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House: HB 650. By: Representatives Reaves of the 147th, Long of the 142nd, Sherrod of the 143rd, Royal of the 144th, Godbee of the 110th, and Balkcom of the 140th: A BILL to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide additional provisions for the control and eradication of brucellosis in cattle; to provide for definitions; to prohibit any person from transporting or causing to be transported into the State of Georgia any cattle unless certain conditions are met; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: SB 62. By: Senator Broun of the 46th: A BILL to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the definition of the term "lottery"; and for other purposes. The following amendment was read and adopted: The Committee on Judiciary moves to amend SB 62 by adding in the title on line 19 of page 1, following the word "to", the following: "exclude certain multilevel distribution companies; to". By adding in Section 2 on line 14 of page 3, following the word "nature" and preceding the ".", the following: "; provided, however, that this Code section shall not include a 'multilevel distribution company,' as defined in Code Section 10-1-510, which is operating in compliance with Code Section 10-1-511". The following amendment was read: Representatives McKinney of the 35th, Clark of the 55th, Benn of the 38th, and others move to amend SB 62 by adding in Section 1 on line 9 of page 2 immediately following the "." and preceding the sentence beginning with the word "A", a new sentence to read as follows: 2004 JOURNAL OF THE HOUSE, "Pari-mutuel wagering on horse racing shall not be a lottery and shall be legal in each county of this state, provided that pari-mutuel wagering on horse races is approved by a majority of the voters in any such county voting in a referendum election." The Speaker ruled that the McKinney amendment to SB 62 was not germane. Representative Redding of the 50th contested the ruling of the Chair. On the question of the ruling of the Chair, the Speaker ordered a call of the roll, advising the members that a vote of "aye" would indicate that the amendment was germane and that a vote of "nay" would indicate the amendment was not germane, thus sustaining the ruling of the Chair: N Aaron N Adams.G N Adams.M N Aiken N Alford Y Alien N Anderson N Argo N Athon N Atkins Auten N Bailey N Balkcom N Bannister Bargeron N Barnett.B N Barnett.M NBeck N Benefield Benn N Birdsong N Bishop N Bolster Bostick N Branch Bray Y Brooks Y Brown.G Brown.J NBuck N Burruss NByrd N Carter N Chambless Chance N Cheeks N Childere N Childs Y Clark,B N Clark,L N Colbert Coleman N Colwell N Connell N Cooper N Copelan Couch NCoi N Crawford N Crosby N Cummings Daugherty NDavis NDean N Diion NDobbs N Dover N Dunn N Edwards N Evans N Felton N Foster NGaler NGodbee N Goodwin N Greene NGreer N Groover N Hamilton N Manner N Hasty NHays Heard Hill N Holcomb Holmes N Hooks Home N Hudson NIsakson Jackson^I N Jackson.N N Jamieson Johnson,D N Johnson.F N Johnson,R N Johnson.S NKilgore N Kingston NLane.D NLane,R N Lawler N Lawrence N Lawson NLee,C NLee,W N Linder NLogan NLong NLord Y Lucas Y Lupton N Maddoi N Mangum N Martin.C N Martin.J N Matthews N McDonald N McKelvey Y McKinney Milam N Milford N Moody N Moore N Morton N Mostiler N Moultrie N Mueller N Oliver.C N Oliver,D N Padgett N Pannell N Parham NParrish N Patten N Peters N Pettit Phillips N Pinkston N Porter Rainey N Ramsey.T N Ramsey.V NRandall N Ransom NRay N Reaves N Redding N Richardson N Robinson.C N Robinson.P Ross N Royal N Russell N Selman N Shepard N Sherrod Sinkfield N Sizemore N Smith.L N Smith,? Smith.T Smyre N Stancil N Steinberg Thomas.C Y Thomafl.M N Thompson Y Townsend N Triplett NTwiggs N Waddle N Waldrep Y Walker.C Walker,L N Wall Ware Watson N Watts Y White N Wilder N Williams.B Y Williams,J N WUliams.R N Wilson Wood N Workman N Yeargin N Young Murphy.Spkr On the vote, the ayes were 12, nays 139. The ruling of the Chair was sustained and the amendment was declared not germane to SB 62. The following amendment was read: Representative Groover of the 99th moves to amend SB 62 by adding a new paragraph between lines 26 and 27 to read as follows: "Nor shall a lottery include any promotional activity involving the distribution of prizes (not including money) by lot or chance which activity is conducted by a charitable or eleemosynary organization or other bona fide nonprofit organization or unit thereof designed to promote a community or area thereof, which activity is licensed by the governing authority of the municipality or county in which it is conducted, as the case may TUESDAY, MARCH 5, 1985 2005 be, and no part of the net profit from which inures to the benefit of any individual, firm or corporation other than the licensee. No such activity may be licensed for the same organization more than twice in each year nor may the prize distribution activity be conducted for more than a consecutive three-day period under each license." On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Aaron N Adams,G N Adams.M Y Aiken N Alford N Alien N Anderson N Argo N Athon Y Atkins Auten N Bailey N Balkcom N Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck N Benefield Benn N Birdsong Y Bishop Y Bolster Bostick N Branch Bray Y Brooks Y Brown.G Y Brown,J YBuck N Burruss Byrd Carter Y Chambless Chance Y Cheeks N Childers Y Childs Y Clark.B Clark,L Y Colbert Y Coleman N Colwell N Connell Y Cooper N Copelan Couch YCoi N Crawford Y Crosby N Cummings Y Daugherty NDavis YDean Y Dizon NDobbs N Dover YDunn Edwards Y Evans Y Felton N Foster YGaler YGodbee N Goodwin N Greene Greer Y Groover Y Hamilton Hanner Y Hasty NHays Y Heard YHill N Holcomb Holmes Hooks Home Y Hudson Y Isakson N Jackson ,J N Jackson, N Y Jamieson Y Johnson,D N Johnson.F N Johnson.R N Johnson.S N Kilgore N Kingston Y Lane,D YLane,R Y Lawler Y Lawrence N Lawson NLee.C NLee.W Y Linder N Logan NLong NLord Y Lucas Y Lupton Maddox Y Mangum Y Martin.C N Martin,J N Matthews Y McDonald N McKelvey Y McKinney Milam N Milford Moody N Moore YMorton N Mostiler N Moultrie N Mueller Y Oliver.C Y 01iver,D Y Padgett N Pannell YParham Y Parrish Y Patten Peters Y Pettit Phillips Pinkston Y Porter Rainey N Ramsey.T Ramsey.V Y Randall N Ransom Ray N Reaves Y Redding N Richardson N Robinson.C Y Robinson.P Ross N Royal N Russell Y Selman N Shepard N Sherrod Y Sinkfield N Sizemore Y Smith,L N Smith.P Smith.T YSmyre N Stancil N Steinberg N Thomas.C Y Thomas.M Thompson Y Townsend N Triplett N Twiggs N Waddle N Waldrep Y Walker.C Walker,L Y Wall Ware Watson N Watts Y White N Wilder N Williams.B Y Williams,J Y Williams,R N Wilson Y Wood Y Workman N Yeargin Y Young Murphy,Spkr On the adoption of the amendment, the ayes were 75, nays 74. The amendment 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 N Adams.G N Adams.M Y Aiken Y Alford N Alien Y Anderson YArgo N Athon Y Atkins Y Auten N Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck N Benefield YBenn Y Birdsong Y Bishop Y Bolster Bostick Y Branch YBray Y Brooks Y Brown.G Y Brown,J YBuck N Burruss NByrd Y Carter Y Chambless Chance Y Cheeks N Childers Y Childs Y Clark,B Clark,L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper N Copelan Couch YCox Y Crawford Y Crosby N Cummings Y Daugherty N Davis YDean Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Evans Y Felton Y Foster Y Galer Godbee Y Goodwin N Greene Greer Y Groover Y Hamilton Hanner Y Hasty YHays N Heard NHill N Holcomb 2006 JOURNAL OF THE HOUSE, Holmes Y Hooks Home Y Hudson Ylsakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnuon.F N Johnson,R N Johnson,S Y Kilgore N Kingston Y Lane.D YLane.R Y Lawler Y Lawrence Y Lawson YLee.C NLee.W Y Linder YLogan NLong YLord Y Lucas Y Lupton N Maddoz Y Mangum Y Martin.C Y Martin,J N Matthews Y McDonald N McKelvey Y McKinney Milam Y Milford N Moody N Moore YMorton N Mostiler Y Moultrie N Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell YParham Y Parrish N Patten Y Peters Pettit Phillips N Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V YRandall N Ransom YRay N Reaves Y Redding Richardson Robinson,C Y Robinson,? Ross Y Royal Y Russell Y Selman N Shepard N Sherrod Y Sinkfield N Sizemore Y Smith,L N Smith.P Smith.T YSmyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Y Thompson Y Townsend N Triplett YTwiggs N Waddle N Waldrep Y Walker.C Walker.L Y Wall Ware Watson N Watts Y White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Wilson Y Wood Y Workman Y Yeargin Y Young Murphy,Spkr On the passage of the Bill, as amended, the ayes were 118, nays 40. 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 by Senate substitute to the following Resolution of the Senate: SR 94. By: Senator Scott of the 2nd: A RESOLUTION creating the Joint Public Utility Rate-making Process Study Committee; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House: HB 80. By: Representatives Thompson of the 20th, Cooper of the 20th, Cummings of the 17th, and Burruss of the 20th: A BILL to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide that materials obtained from or furnished by ad valorem taxpayers shall be confidential and shall not be disclosed by boards of tax assessors; to provide that such materials may be disclosed as necessary in tax collection proceedings; 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 185. By: Representatives Thomas of the 69th, Oliver of the 1st, Copelan of the 106th, and Smith of the 78th: A BILL to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to the release of juveniles where detention is not warranted, so as to clarify that an informal detention hearing must be held within 72 hours regarding a child who is alleged to be deprived; and for other purposes. The President has appointed on the part of the Senate the following: Senators Hudgins of the 15th, Langford of the 35th, and Scott of the 2nd. TUESDAY, MARCH 5, 1985 2007 The Speaker Pro Tern assumed the Chair. Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time: SB 35. By: Senator Kidd of the 25th: A BILL to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of licenses to persons completing defensive driving course or alcohol or drug program, so as to authorize the commissioner to enter into reciprocal agreements with other jurisdictions whereby driver improvement clinics, programs, and courses shall be approved for use by residents of this state and of such other jurisdictions; and for other purposes. 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.M Aiken Y Alford Alien Y Anderson YArgo Y Athon Y Atkins YAuten Y Bailey Balkcom Y Bannister Bargeron Barnett.B Y Bamett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster YBostick Y Branch YBray Y Brooks Y Brown.G Y Brown,J YBuck YBurruss Byrd Y Carter Y Chambless Chance Y Cheeks Y Childere Childs Y Clark.B Y Clark,L Y Colbert Y Coleman Colwell Connell Y Cooper Y Copelan Couch YCoi Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Dixon YDobbs Y Dover YDunn Y Edwards Y Evans Y Felton Y Foster Galer Godbee YGoodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks Horne Y Hudson Isakson Y JacksonJ Jackson.N Y Jamieson Y Johnson.D Y Johnson.F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston YLane.D YLajie.R Y Lawler Y Lawrence YLawson YLee,C YLee,W Y Under YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin,C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Milam Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett YPannell YParham Y Parrish Y Patten Y Peters Y Pettit Phillips Pinkston Y Porter YRainey YRamsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Redding Y Richardson Y Robinson,C Y Robinson,P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Thomas.M Y Thompson Y Townsend Y Triplett Twiggs Y Waddle Y Waldrep Walker.C Walker,L Y Wall Ware Watson Watts White Y Wilder Y Williams,B Y WilliamB,J Y Williams.R Wilson Y Wood Y Workman Y Yeargin Y Young Murphy,Spkr On the passage of the Bill, the ayes were 141, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 88. By: Senators Deal of the 49th and Peevy of the 48th: A BILL to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, as to provide that the chief magistrate of each county may, by local rule of court, authorize the clerk of the magistrate court or one or more deputy clerks of the court to sign any notice or summons in any civil action pending in the court; and for other purposes. 2008 JOURNAL OF THE HOUSE, The following Committee substitute was read and adopted: A BILL To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that magistrates shall be required to give bond for the faithful performance of their duties; to provide that counties shall pay the premiums on such bonds; to provide that the chief magistrate of each county may, by local rule of court, authorize the clerk of the magistrate court or one or more deputy clerks of the court to sign any notice or summons in any civil action pending in the court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended by adding at the end of Code Section 15-10-20, relating to magistrates, a new subsection (h) to read as follows: "(h) Each magistrate taking office after July 1, 1985, shall before entering on the performance of his duties execute bond in the amount of $25,000.00 for the faithful performance of his duties. Each magistrate in office on July 1, 1985, shall execute such a bond not later than September 1, 1985. The amount of bond required of the magistrate or magistrates of any county may be increased by local law. Such bonds shall be subject to all provisions of Chapter 4 of Title 45 in the same manner as bonds of other county officials. The premiums due on such bonds shall be paid by the fiscal authority of the county out of county funds." Section 2. Said chapter is further amended by adding a new Code Section 15-10-50 to read as follows: "15-10-50. The chief magistrate of each county may, by local rule of court, authorize the clerk of the magistrate court or one or more deputy clerks of the court to sign any notice or summons in any civil action pending in the court." Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams,G Y Adams.M Y Aiken YAlford Y Alien Y Anderaon Y Argo Y Athon Y Atkins Y Auten Y Bailey YBalkcom Y Bannister Y Bargeron Barnett,B Y Barnett.M Beck YBenefield YBenn YBirdsong Y Bishop Bolster YBostick Y Branch Bray Y Brooks Y Brown.G Y Brown,J YBuck Y Burruss Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Clark.B Y Clark,L Y Colbert Coleman Colwell Connell Y Cooper Y Copelan Couch Cox YCrawford Y Crosby Y Cummings Daugherty Y Davis Dean Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Evans Y Felton Y Foster Galer Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Hanner Y Hasty Y Hays Y Heard Y Hill Y Holcomb Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Jackson,N Y Jamieson Y Johnson.D Y Johnson,F Y Johnson.R Y Johnson.S Y Kilgore Y Kingston Y Lane.D Y Lane,R Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan Y Long Y Lord Lucas Y Lupton Y Maddox Y Mangum Martin.C Y Martin,J Y Matthews McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell Y Parham Y Parrish Y Patten TUESDAY, MARCH 5, 1985 2009 Peters Y Pettit Phillips Pinkaton Y Porter Rainey Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Redding Y Richardson Y Robinson.C Y Robinson,P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Smith,T YSmyre Y Stancil Steinberg Y Thomas.C Y Thomas,M Thompson Y Townsend Y Triplett Twiggs Y Waddle Y Waldrep Walker.C Walker,L Y Wall Ware Watson Watts White Wilder Y Williams,B Y Williams,J Y Williams,R Wilson Y Wood Y Workman Y Yeargin Y Young Murphy,Spkr On the passage of the Bill, by substitute, the ayes were 131, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 134. By: Senator Hudgins of the 15th: A BILL to amend Code Section 31-3-4 of the Official Code of Georgia Annotated, relating to powers of county boards of health, so as to provide for the inapplicability of certain powers to boards of health of consolidated city-county governments; and for other purposes. 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,M Y Aiken Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey YBalkcom Y Bannister Y Bargeron Barnett.B Y Barnett,M Beck Y Benefield YBenn Y Birdsong Y Bishop Bolster Y Bostick Y Branch Bray Y Brooks Y Brown.G Y Brown.J YBuck Y Burruss Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark,L Y Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Dixon YDobbs Y Dover YDunn Y Edwards Evans Y Felton Y Foster Galer Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Hanner Y Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks Home Y Hudson Isakson Y Jackson.J Jackson.N Y Jamieson Johnson.D Y Johnson,? Y Johnson,R Y Johnson.S Y Kilgore Y Kingston YLane.D YLane.R Y Lawler Lawrence Y Lawson YLee.C YLee,W Y Under YLogan YLong YLord Lucas Y Lupton Y Maddoi Y Mangum Y Martin.C Y Martin,J Y Matthews McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Moore Y Mortal Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell Parham Y Parrish Y Patten Y Peters Y Pettit Phillips Pinkston Y Porter Rainey Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Richardson Y Robinson.C Y Robinson.P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Smith,T YSmyre Y Stancil Y Steinberg Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Walker,L Y Wall Ware Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Williams.R Wilson Y Wood Y Workman Y Yeargin Y Young Murphy.Spkr On the passage of the Bill, the ayes were 133, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Lawrence of the 49th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. 2010 JOURNAL OF THE HOUSE, The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 965. By: Representatives Thompson of the 20th, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st, and others: A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges of the state court; and for other purposes. The following Senate substitute was read: A BILL To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4387), so as to change the compensation of the judges of the state court; to change the compensation of associate judges of the second division; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4387), is amended by striking from Section 23 the following: "The salary of the judges of the State Court of Cobb County shall be $47,862.00 per annum.", and inserting in lieu thereof the following: "The salary of the judges of the State Court of Cobb County shall be $53,606.00 per annum." Section 2. Said Act is further amended by striking the first sentence of Section 2-3 of said Act which reads as follows: "Each associate judge shall receive an annual salary of $29,000.00 to be paid in equal monthly installments from funds of Cobb County.", and inserting in lieu thereof the following: "Each associate judge shall receive an annual salary of $40,000.00 to be paid in equal monthly installments from funds of Cobb County." 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. Representative Thompson of the 20th moved that the House agree to the Senate substitute to HB 965. On the motion, the ayes were 103, nays 0. The motion prevailed. 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 Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations: TUESDAY, MARCH 5, 1985 2011 SR 41 Do Pass SR 168 Do Pass Respectfully submitted, Colwell of the 4th Chairman Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time: SB 53. By: Senators Trulock of the 10th and Turner of the 8th: A BILL to amend Code Section 45-9-86 of the Official Code of Georgia Annotated, relating to applications for indemnification relative to any law enforcement officer, fireman, or prison guard killed in the line of duty, so as to change the time within which certain applications may be filed; and for other purposes. 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.M Y Aiken Y Alford Alien Anderson YArgo Y Athon Y Atkins Auten Bailey Y Balkcom Y Bannister Y Bargeron Barnett,B Y Bamett,M YBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Bostick Y Branch Bray Brooks Y Brown.G Brown,J YBuck Y Burru&s Byrd Y Carter Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Y Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Couch Cox Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Evans Y Felton Foster YGaler Godbee Y Goodwin Greene Y Greer Y Groover Y Hamilton Y Manner Y Hasty Hays Y Heard YHill Holcomb Holmes Y Hooks Home Y Hudson Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson.D Y Johnson,F Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Lawler Y Lawrence Y Lawson Lee,C Lee.W Y Under YLogan YLong Lord Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Martin,J Y Matthews Y McDonald McKelvey McKinney YMilam Y Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Mueller Oliver.C Oliver.D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Y Pettit Phillips Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V Randall Y Ransom Ray Reaves Y Redding Y Richardson Robinson,C Y Robinson.P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L Smith.P Smith.T Smyre Y Stancil Y Steinberg Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplett YTwiggs Waddle Y Waldrep Walker.C Y Walker,L YWall YWare Watson Y Watts White Y Wilder Y Williams.B Williams,J Williams.R Y Wilson Y Wood Workman Yeargin Young Murphy,Spkr On the passage of the Bill, the ayes were 119, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 148. By: Senators Coleman of the 1st, Scott of the 2nd, and Bryant of the 3rd: A BILL to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of power to contract, so as to authorize the department to award a contract when only one bid has been received on a project; and for other purposes. 2012 JOURNAL OF THE HOUSE, The following Committee substitute was read and adopted: A BILL To amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract by the Department of Transportation, so as to authorize the department to award a contract when only one bid has been received on the project; to require the department to open such bid; to require disclosure of the estimate; 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 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract by the Department of Transportation, is amended by striking Code Section 32-2-69, relating to the award of contracts, which reads as follows: "32-2-69. The department shall award the contract to the lowest reliable bidder where at least two or more bids have been received from reliable bidders, provided that the department shall have the right to reject any and all such bids whether such right is reserved in the public notice or not and, in such case, the department may readvertise, perform the work itself, or abandon the project.", and inserting in lieu thereof a new Code Section 32-2-69 to read as follows: "32-2-69. (a) (1) If two or more bids are received, the department shall award the contract to the lowest reliable bidder. (2) If only one bid is received, the department shall be required to open such bid and may award the contract. If the bid is rejected, the department shall immediately disclose to the public only the department's total cost estimate for the project, and make same available for inspection. (b) Notwithstanding the provisions of subsection (a) of this Code section, the department shall have the right to reject any and all bids whether such right is reserved in the public notice or not and, in such case, the department may readvertise, perform the work itself, or abandon the project." 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 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 YAdams.M NAiken YAlford Y Alien YAnderson YArgo YAthon N Atkins Y Auten Y Bailey Y Balkcom N Bannister Y Bargeron Y Barnett.B N Barnett.M Y Beck Y Benefield Y Benn Y Birdsong Bishop Y Bolster Bostick N Branch YBray Y Brooks N Brown.G Brown,J Y Buck Y Burruss Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Couch Co* Y Crawford Crosby Y Cummings Daugherty N Davis N Dean Y Dixon Y Dobbs Y Dover N Dunn Edwards Y Evans N Felton Y Foster Y Galer Y Godbee N Goodwin Y Greene Greer Y Groover Y Hamilton Manner N Hasty Y Hays Y Heard Y Hill N Holcomb Holmes Y Hooks Horne Y Hudson N Isakson Y Jackson,J N Jackson.N N Jamieson Y Johnson,D N Johnson,F N Johnson.R Y Johnson,S Y Kilgore Y Kingston Y Lane.D TUESDAY, MARCH 5, 1985 2013 Y Lane,R Y Lawler N Lawrence Y Lawson YLee.C YLee.W Linder YLogan Long YLord Y Lucas Y Lupton Maddox Y Mangum Y Martin,C Y Martin,J N Matthews Y McDonald Y McKelvey N McKinney YMilam Y Milford N Moody N Moore N Morton Mostiler N Moultrie N Mueller Y Oliver.C Oliver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters N Pettit Phillips Pinks ton Porter Y Rainey Ramsey.T N Ramsey.V Randall N Ransom NRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,? Ross N Royal Y Russell Y Selman N Shepard Y Sherrod Y Sinkfield Sizemore Y Smith,L N Smith.P N Smith.T Y Smyre Y Stancil Y Steinberg Y Thomas,C Y Thomas,M Y Thompson Y Townsend Y Triplett Twiggs Y Waddle Y Waldrep N Walker.C Y Walker.L YWall Ware Y Watson Y Watts White N Wilder N Williams,B Y Williams,J WiUiams,R Y Wilson Y Wood Y Workman Yeargin Young Murphy,Spkr On the passage of the Bill, by substitute, the ayes were 109, nays 37. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 42. By: Senators Greene of the 26th and Harris of the 27th: A BILL to amend Code Section 16-9-57 of the Official Code of Georgia Annotated, relating to false representation as a representative of a peace officer organization, so as to prohibit false representation as a representative of a firs service organiza- tion; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams,G Y Adams.M Y Aiken YAlford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M Beck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G Brown.J YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark.L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Dixon Y Dobbs Dover Dunn Y Edwards Evans Y Felton Y Foster YGaler YGodbee YGoodwin Y Greene Greer Y Groover Y Hamilton Hanner Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks Home Y Hudson Isakson Y Jackson.J Y Jackson,N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson.R Johnson.S Y Kilgore Y Kingston Y Lane,D YLane,R Y Lawler Y Lawrence Y Lawson YLee.C YLee,W Y Linder YLogan Long YLord Y Lucas Y Lupton Maddox Y Mangum Y Martin,C Y Martin.J Y Matthews Y McDonald Y McKelvey Y McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell YParham YParrish Y Patten Peters Y Pettit Phillips pinkston Porter Rainey Ramsey,T Y Ramsey.V Randall Y Ransom YRay Y Reaves Redding Y Richardson Y Robinson.C Y Robinson,? Ross Y Royal Y Russell Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith.T Smyre Stancil Stein berg Thomas.C Thomas, M Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L YWall YWare Watson Watts White Y Wilder Y WUliams.B Y WiUiams,J Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy ,Spkr 2014 JOURNAL OF THE HOUSE, On the passage of the Bill, the ayes were 137, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 60. By: Senator Holloway of the 12th: A BILL to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide for grace periods prior to discontinuing certain group health insurance policies and to provide for notices of discontinuance; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide for grace periods prior to discontinuing certain group health insurance policies and to provide for notices of discontinuance; 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 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, is amended by adding at the end thereof a new Code section to read as follows: "33-30-12. (a) As used in this Code section, the term: (1) 'Group health insurance policy' means an accident and sickness insurance policy or subscriber contract which provides benefits on a medical expense incurred basis and which is issued or provided by an insurer on a group or group-type basis covering persons as employees of employers or as members of unions or associations. (2) 'Group-type basis' means a benefit plan, other than a salary budget plan utilizing individual insurance policies or contracts, which meets the following conditions: (A) Coverage is provided through insurance policies or subscriber contracts to classes of employees or members defined in terms of conditions pertaining to employment or membership; (B) The coverage is not available to the general public and can be obtained and maintained only because of the covered person's employment or membership in or in connection with the particular union or association; (C) There are arrangements for bulk payment of premiums to the insurer; and (D) There is sponsorship of the plan by the employer, union, or association. (3) 'Insurer' means an insurance company, nonprofit hospital service corporation, medical service nonprofit corporation, fraternal benefit society, health care plan, health maintenance organization, or other similar entity which issues or provides a group health insurance policy. (4) 'Premium' means the premium or subscription charge for a group health insurance policy. (b) Every group health insurance policy issued or issued for delivery in this state which covers less than 200 lives shall contain a provision to the effect that, in the event that there is a cancellation of coverage under the policy by the insurer and no replacement policy is provided through the employer, union, or association, a written notice shall be sent to at least the last 50 certificate holders, subscribers, or individual policyholders in this state, or the actual number of such persons if less, to or for whom the insurer has paid benefits under the policy within the last 12 months advising such persons that their coverage is being terminated. The notice shall be sent to each such person by first-class mail to the last home address of such person contained in the files of the insurer or, if no name or address is contained in the insurer's files, to such person in care of the employer, union, or association, marked 'personal,' advising them that TUESDAY, MARCH 5, 1985 2015 their coverage is being terminated. The notice shall be sent to each such person by firstclass mail at least 20 days prior to the last date of coverage under the policy, the last day of any applicable grace period, or the last date on which any insured has an opportunity to exercise any conversion privilege under the policy, whichever shall last occur. Such notice shall advise such persons of their benefits and rights during any applicable grace period and shall request that the persons receiving such notice inform other persons covered under the policy of the termination of coverage. (c) In no event shall an individually underwritten and issued insurance policy which provides a contractual right of renewal regardless of employment or membership in or connection with any particular union, association, organization, or group be deemed to be issued on a group-type basis, irrespective of the mode or channel of premium payment and regardless of any reduction in premium the covered person may receive by virtue of such method of premium collection." Section 2. This Act shall become effective March 1, 1986. Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Andereon Argo YAthon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Barnett.M YBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G Brown ,J YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark.L Y Colbert Y Coleman Colwell Connell Y Cooper Y Copelan Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis YDean Dixon Dobbs Dover YDunn Y Edwards Evans Y Felton Y Foster YGaler Y Godbee YGoodwin Y Greene YGreer Y Groover Y Hamilton Manner Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks Home Y Hudson Ylsakson Y Jackson^I Jackson.N Jamieson Y Johnson.D Y Johnson.F Y Johnson.R Johnson.S Y Kilgore Y Kingston YLane.D YLane.R Y Lawler Y Lawrence YLawson YLee,C YLee,W Y Under YLogan Long YLord Lucas Y Lupton Y Maddox Y Mangum Y Martin,C YMarthvJ Matthews McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell YParham Parrish Y Patten Y Peters Y Pettit Phillips Y Pinkston Porter YRainey Ramsey.T YRamsey.V Randall Y Ransom YRay Y Reaves Redding Y Richardson Y Robinson.C Y Robinson,? Ross Y Royal Y Russell Sehnan Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith,T YSmyre Stancil Steinberg Y Thomas,C Thomas,M Y Thompson Y Townsend Y Triplett Twiggs Y Waddle Y Waldrep Y WaJker.C Y Walker,L YWall Ware Y Watson Watts White Y Wilder Y Williams,B Y Williams,J Y Williams.R Y Wilson YWood Y Workman Y Yeargin Young Murphy,Spkr On the passage of the Bill, by substitute, the ayes were 136, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Isakson of the 21st moved that the following Bill of the House be withdrawn from the Committee on Judiciary and referred to the Committee on State Planning and Community Affairs: 2016 JOURNAL OF THE HOUSE, HB 837. By: Representatives Isakson of the 21st, Wilder of the 21st, Aiken of the 21st, Johnson of the 21st, Atkins of the 21st, and Cooper of the 20th: A BILL to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the appointment and compensation of investigators; and for other purposes. 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 House and has instructed me to report the same back to the House with the following recommendation: HB 837 Do Pass Respectfully submitted, Adams of the 36th Chairman By unanimous consent, the following Bill of the House was taken up for consideration and read the third time: HB 837. By: Representatives Isakson of the 21st, Wilder of the 21st, Aiken of the 21st, Johnson of the 21st, Atkins of the 21st, and Cooper of the 20th: A BILL to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the appointment and compensation of investigators; and for other purposes. The report 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. Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time: SR 17. By: Senator Broun of the 46th: A RESOLUTION Creating the Joint Small Businesses in Georgia Study Committee; and for other purposes. WHEREAS, there are currently more than 105,000 small businesses located in the state, which businesses produce more than 40 percent of the gross state product and furnish over 80 percent of the jobs in the private sector; and WHEREAS, small business is uniquely affected by state and federal laws and regulations and the instability of the economy and has special problems in competing for capital and with foreign firms; and WHEREAS, small business has difficulties developing a fair share of state and federal procurement money and is especially pressed by security costs and wage related benefits TUESDAY, MARCH 5, 1985 2017 and is largely uneducated in newly developing matters of business management techniques which are necessary in an ever-changing national and international economy; and WHEREAS, the health and preservation of small businesses and the development of new small businesses are of vital concern to the state, and every effort should be made to focus on finding and developing solutions to the problems of small businesses in Georgia; and WHEREAS, small businesses hold significant promise as key factors in promoting economic progress in the State of Georgia and it is only fitting and proper for the General Assembly to study the problems confronting small businesses and to determine what legislative solutions may be available to alleviate such problems; and WHEREAS, the Governor has recognized this importance through his appointment of the Governor's Small and Minority Business Development Advisory Committee and the Interagency Council on Small and Minority Business and the assignment of the Department of Community Affairs to work with these committees. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Small Businesses in Georgia Study Committee to be composed of five members of the Senate appointed by the President of the Senate and five members of the House of Representatives appointed by the Speaker of the House. The chairman and the vice chairman of the committee shall be elected by the committee at its first meeting which shall be called by the President of the Senate. BE IT FURTHER RESOLVED that the committee shall serve as the legislative link with the Governor's Small and Minority Business Development Advisory Committee and the Interagency Council on Small and Minority Business to study those issues, concerns, and ideas of the small business community which shall recommend those areas that need attention and action by the General Assembly, other branches of state government, and the private sector of the economy. The committee shall also work with the Governor's Small and Minority Business Development Advisory Committee and the Interagency Council of Small and Minority Business in developing the program for the Governor's Conference on Small and Minority Business. 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 committee may seek assistance and support from units of the University System of Georgia, from the Department of Community Affairs which is serving as staff to the Governor's Small and Minority Business Development Advisory Committee and the Interagency Council on Small and Minority Business, and from other agencies of the state. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, no later than December 1, 1985, at which time the committee shall stand abolished. The following Committee amendment was read and adopted: The Committee on Rules moves to amend SR 17: On page 3, line 17, after the word committee add "But for no more than five days". 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: 2018 JOURNAL OF THE HOUSE, Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefleld Benn Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G Brown,J YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Clark.L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Couch YCoi Y Crawford Y Crosby Y Cummings Daugherty YDavis Dean Y Diion Dobbs Y Dover Y Dunn Y Edwards Y Evans Felton Y Foster YGaler God bee YGoodwin Y Greene Greer Y Groover Y Hamilton Hanner Y Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Jackson.N Jamieson Y Johnson.D Y Johnson.F Y Johnson.R Y Johnson,S Y Kilgore Y Kingston YLane.D Lane.R Y Lawler Y Lawrence Y Lawson YLee,C YLee.W Y Linder YLogan Long YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney YMilam Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Y Pettit Phillips Pinks ton Y Porter YRainey Ramsey,T Y Ramsey.V Randall Y Ransom YRay Y Reaves Redding Y Richardson Robinson.C Robinson,? Ross Y Royal Y Russell Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith,T YSmyre Y Stancil Steinberg Thomas.C Thomas.M Y Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Ware Y Watson Watts Y White Y Wilder Williams.B Y WiUiams,J Y Williams.R Y Wilson Y Wood Workman Yeargin Young Murphy ,Spkr On the adoption of the Resolution, as amended, the ayes were 137, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 270. By: Representatives Walker of the 115th, Murphy of the 18th, Burruss of the 20th, Groover of the 99th, Buck of the 95th, and others: A BILL to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change certain of such salaries; to add certain officials; and for other purposes. Representative Walker of the 115th moved that the House insist on its position in disagreeing to the Senate substitute to HB 270 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 Walker of the 115th, Lee of the 72nd, and Coleman of the 118th. 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: TUESDAY, MARCH 5, 1985 2019 HB 463. By: Representatives Chambless of the 133rd, Greer of the 39th, Dunn of the 73rd, Alien of the 127th, Couch of the 40th, and others: A BILL to amend Code Section 3-4-60 of the Official Code of Georgia Annotated, relating to the levy and amount of state excise taxes imposed on distilled spirits, so as to establish an excise tax upon the first sale, use, or final delivery within this state of all distilled spirits and alcohol; and for other purposes. Representative Chambless of the 133rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 463 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 Dixon of the 151st, Bishop of the 94th, and Chambless of the 133rd. Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time: SB 57. By: Senators Garner of the 30th, Dean of the 31st, Barnes of the 33rd, and others: A BILL to amend Article 2 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to robbery, so as to provide that a person commits the offense of pharmacy robbery when, in the course of committing a theft of any controlled substance, such person violates Code Section 16-8-41, relating to armed robbery; and for other purposes. 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 YAdams.G YAdams,M Aiken YAlford Y Alien Y Andereon Y Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M Beck YBenefield YBenn Y Birdsong Bishop Y Bolster Y Bostick Y Branch Bray Y Brooks Y Brown.G Brown,J YBuck Y Burruss Y Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs N Clark,B Y Clark,L Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Couch Y Cox Y Crawford Crosby Y Cummings Daugherty Y Davis N Dean Y Dixon Dobbs Y Dover Y Dunn Edwards Y Evans Felton Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer N Groover Y Hamilton Banner Y Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan Long Y Lord N Lucas Y Lupton Y Maddox Y Mangum Martin.C Y Martin,J Matthews Y McDonald Y McKelvey N McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Oliver.D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Peters Y Pettit Phillips Pinkston Y Porter Rainey Ramsey.T Y Ramsey.V Y Randall Y Ransom Y Ray Y Reaves Redding Y Richardson Robinson.C Robinson,P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Smyre Y Stancil Steinberg 2020 JOURNAL OF THE HOUSE, YThomas.C NThomas.M Y Thompson YTownsend YTriplett Y Twiggs Waddle Y Waldrep Walker.C Walker.L Y Wall Y Ware Watson Watts Y White Y Wilder Y Wffliams,B Y Williams,J Y Williams,R Y Wilson Y Wood Workman Y Yeargin Young Murphy,Spkr On the passage of the Bill, the ayes were 131, nays 6. The Bill, having received the requisite constitutional majority, was passed. SB 61. By: Senators Greene of the 26th, Deal of the 49th, Barnes of the 33rd, and Dawkins of the 45th: A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to increase the base annual salary of each secretary of judges of the superior courts; to provide for the adoption of a salary scale allowing merit increases annually; to provide for a maximum number of merit increases; and for other purposes. The following amendment was read and adopted: The Committee on Appropriations moves to amend SB 61: Delete Section 4, Page 3 - Line 10, 11, 12, 13. The following substitute, offered by Representatives Lee of the 72nd, Pinkston of the 100th, and Chambless of the 133rd, was read and adopted: A BILL To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to increase the base annual salary of each secretary of judges of the superior courts; to provide for the adoption of a salary scale allowing merit increases annually; to provide for a maximum number of merit increases; to provide for the adjustment of the salary scale to provide inclusion of across-the-board increases granted members of the classified service of the State Merit System of Personnel Administration; to allow for lateral transfer to the district attorney's secretary salary schedule; to increase the base annual salary of each secretary of district attorneys of the superior courts; to provide for the adoption of a salary scale allowing merit increases annually; to provide for a maximum number of merit increases; to provide for the adjustment of the salary scale to provide inclusion of across-the-board increases granted members of the classified service of the State Merit System of Personnel Administration; to allow for lateral transfer to the superior court judges' secretaries salary schedule; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (c) of Code Section 15-6-25, relating to the employment, status, and compensation of secretaries of judges of the superior courts, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: "{e) T-h base annual salary ef each secretary shall be $12,102.00. \j.) cj11ec11ve July T^ lyooj ttte IDaximURt iigure provided tor sucn seeretarles sal" aries WHICH are to 06 pflid irons state tunds sftan i&e increased "tn trie same manner} effective e the same date, as may be appropriated for any across-the-board increase for members ef the classified service ef the State Merit System f Personnel Adminis- \x!j 1116 jude mayy not- more orten tftan once ft year find on not more tnan live occasions, grant to each secretary a merit increase of 6 percent of the secretary's salary Q--J nf+nr -Tilly 4-- 1 ORQ TUESDAY, MARCH 5, 1985 2021 (c) (1) The base annual salary of each secretary shall be established on a pay schedule beginning at Step 1^ which shall be $13,956.00 annually and ending at Step 6 which shall be $18,703.00 annually. Each step within said schedule shall be equal to an amount 5 percent greater than the previous step. (2) Each step on said pay schedule 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 that occurs after June 30, 1985. (3) Each superior court judge may grant to each secretary a merit increase equal to one step on the pay schedule, or any revised pay schedule resulting from an acrossthe-board increase, upon completion of one year of service under this schedule or at any time not less than 12 months since the last merit increase under this or any previously existing laws or at any time not less than 12 months since the employees' original date of continuous employment if no merit increase has been granted under previously existing laws. (4) Each secretary employed on July lj 1985, shall be placed upon the appropriate step of the pay schedule so as to give credit for previous merit increases received through July 1, 1985. (5) Each new secretary appointed after July 1, 1985, shall be placed on Step j. of the pay schedule in effect on the date of appointment; provided, however, that a secretary employed under Code Section 15-18-17, authorizing the employment of district attorney's secretaries, may transfer to this pay schedule upon appointment as a secretary to a judge of the superior court at the step equal to the current salary being received if no interruption in state employment occurs as a result of the appointment." Section 2. Said title is further amended by striking subsection (c) of Code Section 15-18-17, relating to the appointment, qualifications, duties, status, and compensation of secretaries of district attorneys of the superior courts, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: "(e) 3%e base annual salary ef each secretary shall be $12,102.00. \ij Eii*eci"!ve wiiiy TJ lyoO) t/ne ii^ure provided for sueft seeretarle& salaries wfticn are to DC paid Ifont state tunds snair oe increased tft trie same manner, eiiective on the same date; as may fee appropriated for any across -the - board increase for members of the classified service of the State Merit System of Personnel Administration. \EI) J. ne district attorney may not more oiten tnan once a year and on not more secretary's salary drtng the previous year; bttt when a new secretary is appointed the new secretary 8 oe^inmng salary snail i&e tne oase salary plus any cos t oi "living increases granted en and- after Jtily 4; 1083. increases specified m para^rapn \~t/ out snail we eii^iuie for merit mereases under paragraph {2} only te the extent that they tie net increase the secretary's salary above the maximum allowed to a secretary employed after July 1; 1082. (c) (1) The base annual salary of each secretary shall be established on a pay schedule beginning at Step 1 which shall be $13,956.00 annually and ending at Step 7 which shall be $18,703.00 annually. Each step within said schedule shall be equal to an amount 5 percent greater than the previous step. (2) Each step on said pay schedule 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 which is effective after June 30, 1985. (3) Each district attorney may grant to each secretary a merit increase equal to one step on the pay schedule, or any revised pay schedule resulting from an acrossthe-board increase, upon completion of one year of service under this schedule or at any time not less than 12 months since the last merit increase under this or any previously existing law or at any time not less than 12 months since the employees' original 2022 JOURNAL OF THE HOUSE, date of continuous employment if no merit increase has been granted under previously existing law. (4) Each secretary employed on July 1, 1985, shall be: (A) Placed upon the appropriate step of the pay schedule so as to give credit for previous merit increases received through July lj 1985; or (B) Placed upon the next higher step if the secretary's current salary is greater than the step to which the secretary would be entitled by virtue of subparagraph (A) of this paragraph, subject to the provisions of paragraph (3) of this subsection. (5) Each new secretary appointed after July l^ 1985, shall be placed on Step 1 on the pay schedule in effect on the date of appointment; provided, however, that a secretary employed under Code Section 15-6-25, authorizing the employment of superior court judges' secretaries, may transfer to this pay schedule upon appointment as a secretary to a district attorney of the superior court at the step equal to the current salary being received if no interruption in state employment occurs as a result of the appointment." 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, 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 Y Adams.M Aiken Y Alford Y Alien Y Anderson Argo Y Athon Y Atkins Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield Benn Birdsong Bishop Y Bolster N Bostick Y Branch Bray Y Brooks Brown.G Brown,J Buck Burruss YByrd Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark,L Y Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Couch YCox Y Crawford Y Crosby Y Cummings Daugherty N Davis Dean Y Dixon Y Dobbs Y Dover Y Dunn Edwards Y Evans Y Felton N Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Manner Y Hasty YHays Y Heard YHill N Holcomb Y Holmes Y Hooks Home N Hudson YIsakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Johnson,F N Johnson.R Y Johnson.S Y Kilgore N Kingston Y Lane.D Y Lane,R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin.J Y Matthews McDonald McKelvey McKinney Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie N Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell YPamam Parrish Y Patten Y Peters Y Pettit Phillips Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Redding Y Richardson Robinson,C Y Robinson,P Ross Y Royal Y Russell N Selman Y Shepard Y Sherrod Sinkfleld Y Sizemore Y Smith,L Y Smith,P Y Smith,T Smyre Y Stancil Steinberg Y Thomas.C Y Thomas.M Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Walker.L Y Wall Ware Y Watson Watts White Y Wilder Williams.B Y Williams,J N Williams.R Y Wilson YWood Workman Y Yeargin Young Murphy,Spkr On the passage of the Bill, by substitute, the ayes were 123, nays 10. 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 House amendment thereto: TUESDAY, MARCH 5, 1985 2023 SB 77. By: Senator Barnes of the 33rd: A BILL to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to change the nature of relevant and competent evidence in libel actions; to provide that evidence of a plaintiffs request for retraction shall be relevant and competent if the request is made in writing at least 14 days prior to the filing of the action; and for other purposes. Representative Lee of the 72nd moved that the House insist on its position in amending SB 77. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: HB 957. By: Representative Bolster of the 30th: A BILL to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb and creating a new charter for that city, so as to authorize the city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law"; and for other purposes. The following Senate amendment was read: Amend HB 957 by striking from lines 3 and 4 of page 2 the following: "and corporations", and inserting in its place the following: "corporations, and business entities". By striking from line 6 of page 3 the following: "effective date of HB 430", and inserting in its place the following: "later of the effective date of HB 430 or the date the results of the election pursuant to this section are certified to the Secretary of State". Representative Bolster of the 30th moved that the House agree to the Senate amendment to HB 957. 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 following Bill of the Senate was taken up for consideration and read the third time: SB 17. By: Senator Barnes of the 33rd: A BILL to amend Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of civil cases after dismissal, so as to provide that a renewed case filed within six months shall stand on the same footing, as to limitation, with the original case both where the original case was filed in a court of this state and where the original case was filed in a federal court; and for other purposes. 2024 JOURNAL OF THE HOUSE, The following Committee substitute was read and adopted: A BILL To amend Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of civil cases after dismissal, so as to provide that a renewed case filed within six months shall stand on the same footing, as to limitation, with the original case both where the original case was filed in a court of this state and where the original case was filed in a federal court; to clarify that a case may be dismissed and recommenced more than once during the applicable period of limitation; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of civil cases after dismissal, is amended by striking in its entirety subsection (a), which reads as follows: "(a) If a plaintiff discontinues or dismisses his case and recommences the same within six months, the renewed case shall stand upon the same footing, as to limitation, with the original case. However, this privilege of dismissal and renewal shall be exercised only once under this Code section.", and inserting in its place a new subsection (a) to read as follows: "(a) When any case has been commenced in either a state or federal court within the applicable statute of limitations and the plaintiff discontinues or dismisses the same, it may be recommenced in a court of this state or, if permitted by the federal rules of civil procedure, in a federal court either within the original applicable period of limitations or within six months after the discontinuance or dismissal, whichever is later; provided, however, if the dismissal or discontinuance occurs after the expiration of the applicable period of limitation, this privilege of renewal shall be exercised only once." Section 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G Brown,J Buck Y Burruss YByrd Y Carter Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Couch YCoi Y Crawford Y Crosby Y Cummings Y Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Y Dunn Edwards Y Evans Felton Y Foster YGaler Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Hudson Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson.D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane,D Y Lane,R Lawler Y Lawrence Y Lawson Y Lee.C YLee.W Y Linder Y Logan YLong YLord Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin.J Y Matthews Y McDonald Y McKelvey Y McKinney Milam Y Milford Y Moody Y Moore YMortpn Mostiler Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Peters Pettit Phillips Pinkston Y Porter Rainey Ramsey.T Y Ramsey.V YRandall Y Ransom TUESDAY, MARCH 5, 1985 2025 Y Ray Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith.T Smyre Y Stancil Steinberg Y Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Wilder Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Y Young Murphy.Spkr On the passage of the Bill, by substitute, the ayes were 145, nays 0. 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: The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House: HB 506. By: Representative Watson of the 114th: A BILL to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped persons, so as to change the definition of certain terms; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House: HB 907. By: Representatives Oliver of the 1st, Robinson of the 96th, and Davis of the 45th: A BILL to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy generally, so as to provide that a petition to legitimate a child may be filed in the father's county of residence, the child's county of residence, or, if an adoption of the child is pending, in the county in which the adoption petition is filed; and for other purposes. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1051. By: Representatives Aiken of the 21st, Wilder of the 21st, Isakson of the 21st, Atkins of the 21st, Cooper of the 20th, and others: A BILL to amend an Act creating the State Court of Cobb County, so as to change compensation provisions relating to the chief deputy clerk and the clerk; to change compensation provisions relating to the chief assistant solicitor and the assis- tant solicitors; and for other purposes. The following Senate substitute was read: A BILL To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, so as to change compensation provisions relating to the chief deputy clerk and the clerk; to change compensation provisions relating to the solicitor, chief assistant solicitor, and the assistant solicitors; to increase the number of assistant solicitors; to provide an effective date; to repeal conflicting laws; and for other purposes. 2026 JOURNAL OF THE HOUSE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, is amended by striking in its entirety paragraph (4) of subsection (b) of Section 17 and inserting in its place a new paragraph (4) to read as follows: "(4) The salary of the chief deputy clerk shall be $35,200.00 per annum to be paid in equal monthly installments from the funds of the county." Section 2. Said Act is further amended by striking from Section 23 the following: "The clerk of the State Court of Cobb County shall receive an annual salary of $28,310.00, payable in equal monthly installments from the funds of Cobb County.", and inserting in its place the following: "The clerk of the State Court of Cobb County shall receive an annual salary of $39,600.00, payable in equal monthly installments from the funds of Cobb County." Section 3. Said Act is further amended by striking in its entirety paragraph (1) of subsection (b) of Section 27 and inserting in its place a new paragraph (1) to read as follows: "(1) The compensation of the solicitor shall be $45,900.00 per annum, payable in equal monthly installments from the funds of Cobb County." Section 4. Said Act is further amended by striking in its entirety subsection (d) of Section 27 and inserting in its place a new subsection (d) to read as follows: "(d) The solicitor shall have the authority to appoint the same number of assistant solicitors as the number of judges of the State Court of Cobb County, plus one additional assistant solicitor. The solicitor and his staff shall perform the same functions in relation to matters within the jurisdiction of the Magistrate Court of Cobb County as they perform in relation to matters within the jurisdiction of the judges of the State Court of Cobb County; and the solicitor shall have the authority to appoint the same number of additional assistant solicitors as the number of judges of the Magistrate Court of Cobb County to enable the solicitor and his staff to perform such functions. The compensation of such assistant solicitors shall be determined by the solicitor except that said compensation of such assistant solicitors shall be not less than $15,000.00 nor more than $28,543.00 per annum, payable in equal monthly installments from the funds of Cobb County. Provided, however, that the compensation of the chief assistant solicitor shall be not less than $15,000.00 nor more than 90 percent of the compensation of the solicitor and shall be paid in the same manner as all other assistant solicitors. The solicitor shall prescribe the duties and assignments of said assistant solicitors; and, while so employed, they shall not engage in private practice of law." Section 5. 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 6. All laws and parts of laws in conflict with this Act are repealed. Representative Aiken of the 21st moved that the House agree to the Senate substitute to HB 1051. 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 following Bill of the Senate was taken up for consideration and read the third time: SB 19. By: Senators Peevy of the 48th, Allgood of the 22nd, Dawkins of the 45th, and others: A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to comprehensively revise TUESDAY, MARCH 5, 1985 2027 the provisions relating to the regulation and licensure of polygraph examiners; to create the State Board of Polygraph Examiners; 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 comprehensively revise the provisions relating to the regulation and licensure of polygraph examiners; to provide for legislative intent; to provide a short title; to define certain terms; to create the State Board of Polygraph Examiners; to provide for qualifications, terms of office, reimbursement, and powers and duties of the members of such board; to require polygraph examiners to have licenses; to provide qualifications for a license as a polygraph examiner; to require an applicant for a polygraph examiner license to complete a polygraph examiner intern program; to require licensed polygraph examiners to supervise and control polygraph examiner interns; to require applications for licenses; to provide for the issuance of licenses, renewal of licenses, and license fees; to provide for the continuation of certain licenses; to provide for reciprocity; to regulate the administration of polygraph examinations; to prohibit certain activities by polygraph examiners; to provide for rights of examinees; to provide for the maintenance of records of polygraph examinations; to provide for minimum errors and omissions insurance coverage or the posting of bonds or net worth affidavits; to provide for investigative and disciplinary authority of the board; to provide a penalty for the unlicensed administration of polygraph examinations; to provide for applicability; to provide a termination date; to provide for other matters relative to the foregoing; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide a cause of action for persons who suffer damages as a result of polygraph examinations; to provide for damages; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Chapter 36, relating to polygraph examiners, in its entirety and inserting in lieu thereof a new Chapter 36 to read as follows: "CHAPTER 36 43-36-1. The General Assembly declares that it is the policy of this state that the only proper uses of a polygraph shall be to measure stressful physiological responses for the purpose of detecting deception or verifying truth of statement or for scientific or academic research or experiments. Any use of a polygraph or a polygraph examination which is primarily intended to frighten or intimidate rather than measure stressful physiological responses is declared to be improper. 43-36-2. This chapter shall be known and may be cited as the 'Georgia Polygraph Examiners Act.' 43-36-3. As used in this chapter, the term: (1) 'Board' means the State Board of Polygraph Examiners. (2) 'Polygraph' means an instrument to measure stressful physiological responses for the purpose of testing or questioning individuals so as to detect deception or verify truth of statement. Such instrument shall, as a minimum, record visually, permanently, and simultaneously a subject's cardiovascular pattern, respiratory pattern, and galvanic skin response. (3) 'Polygraph examiner' means any person who measures stressful physiological responses which purport to detect deception or verify truth of statement through the use of instrumentation as described in paragraph (2) of this Code section. (4) 'Polygraph examiner intern' means any person engaged in the study of polygraphy and the administration of polygraph examinations under the personal supervision and control of a polygraph examiner. 2028 JOURNAL OF THE HOUSE, 43-36-4. (a) There is created a board to be known as the State Board of Polygraph Examiners. The board shall consist of seven members who shall be residents of this state. (b) Four members shall be polygraph examiners who have qualified under this chapter and who have been licensed polygraph examiners for at least four years. The terms of these four members shall be four years each. The terms shall be staggered so that one term expires each year. Three of such members shall be from the private sector and one shall be from the government sector. (c) One member shall be appointed as a representative of the area of private-sector employment. Such member shall be appointed for a term of four years. (d) One member shall be appointed as a representative of the scientific or academic community who has some knowledge of polygraphs or polygraph examinations. Such member shall be appointed for a term of four years. (e) One member shall be appointed from the public at large and shall have no connection whatsoever with the profession or practice of polygraph examination. The initial term of appointment for the at-large member shall expire June 30, 1986; thereafter, the Governor shall appoint successors for a term of four years. (f) The members of the board shall be appointed by the Governor. No two members shall be employed by the same person or agency while serving on the board. Vacancies occurring on the board shall be filled by the Governor. When an appointment is made to fill a vacancy caused by death or otherwise, such appointment shall be for the remainder of the unexpired term of the member whose position was filled. No member shall serve more than two consecutive full terms. (g) The members of the board shall annually appoint one of its members to be chairman. (h) Members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (i) No member may directly or indirectly engage in any board business involving any individual which that board member has supervised or instructed. (j) The joint-secretary shall serve as secretary of the board. (k) The members serving on the State Board of Polygraph Examiners on July 1, 1985, shall continue to serve their respective terms of office. 43-36-5. The board shall have the following powers and duties: (1) To determine the qualifications and fitness of applicants for licenses consistent with this chapter; (2) To issue, renew, deny, suspend, or revoke licenses consistent with this chapter; (3) To initiate investigations for the purpose of discovering violations of this chapter; (4) To hold hearings on all matters properly brought before the board in connection with such investigations, to administer oaths, receive evidence, make the necessary determinations, and enter orders consistent with the findings; (5) To establish continuing education requirements by rules and regulations; and (6) To adopt, amend, or repeal all rules necessary to carry this chapter into effect. 43-36-6. (a) In order to qualify for a license as a polygraph examiner, a person must: (1) Be at least 21 years of age; (2) Be a citizen of the United States; (3) Be a person of good moral character; (4) (A) Have a bachelor's degree from a full four-year accredited university or college recognized as such by the board; or (B) (i) Have completed two years of study, or its equivalent, at such a university or college which shall include at least one course in physical science and one course in psychology; and (ii) Have at least two years' experience as an investigator or detective with a municipal, county, state, or federal agency. Official transcripts must be submitted as proof for all college courses, technical courses, and other educational credits claimed by the applicant; TUESDAY, MARCH 5, 1985 2029 (5) Have satisfactorily completed a formal training course in the use of a polygraph. Such training shall be of at least six weeks' duration at a polygraph examiners' school acceptable to the board; (6) Have completed a period of a minimum of six months as polygraph examiner intern under the supervision of a qualified polygraph examiner in this state or who has had sufficient training and experience in a state, federal, or municipal agency such that the board, in its discretion, may recognize the applicant as being properly trained and experienced; and (7) Have passed any examination approved by the board for the purpose of determining the qualifications and fitness of applicants for licenses. (b) The board, in its discretion, may waive the 'on premises' requirement during the internship period in cases of extreme hardship. 43-36-7. (a) Prior to examination, a polygraph examiner intern must administer a minimum of 100 examinations consisting of no less than 50 specific examinations in any given six-month internship period. The board, in its discretion, may require a polygraph examiner intern to bring all polygraph charts and allied papers resulting from the examinations conducted by the polygraph examiner intern for review by the board. (b) The applicant must submit to the board for its prior approval the name of the licensed polygraph examiner who will supervise the applicant during the intern program. (c) Once a licensed polygraph examiner has been approved to supervise a polygraph examiner intern, the intern may not transfer to the supervision of another licensed polygraph examiner without the prior approval of the board. (d) (1) The polygraph examiner who supervises a polygraph examiner intern must: (A) Be a polygraph examiner licensed by the board for a period of at least three years immediately prior to commencing such supervision; and (B) Operate a polygraph or otherwise be involved in polygraph work during at least 75 percent of his time in his current employment position. (2) A polygraph examiner may not supervise more than two polygraph interns at any one time. (3) The intern shall be personally supervised and controlled by the licensed polygraph examiner approved by the board and such examiner shall be on the premises where any testing is conducted and available to such intern for instruction or consultation. Such internship shall be conducted principally within this state, although the polygraph examiner intern may take occasional trips out of state to administer polygraph examinations, provided that the polygraph examiner intern is accompanied by his supervisor and that both such intern and supervisor meet the qualifications for conducting polygraph examinations in such other state. (e) The board shall provide by rule that the licensed polygraph examiner and the polygraph examiner intern shall submit a periodic list to the board of all polygraph examinations conducted by the polygraph examiner intern during such period, stating the names, dates, and types of examinations given by the polygraph examiner intern. This list shall be signed by both the licensed polygraph examiner and the polygraph examiner intern. (f) The board may, in its discretion, require the licensed polygraph examiner to appear with the polygraph examiner intern at the board's examination and present to the board any or all of the polygraph charts and allied papers prepared by the polygraph examiner intern during the internship program. 43-36-8. Every person administering polygraph examinations must qualify individually for a license under this chapter and shall file with the board through the joint-secretary a written application accompanied by a fee established by the board. 43-36-9. (a) When the board is satisfied that the applicant meets the requirements set out in Code Section 43-36-6 for a polygraph examiner, the board shall issue and deliver to such applicant a license to conduct polygraph examinations, charging such fee for the issuance of the license as the board may establish. Such license shall not be transferable and shall be revoked or canceled only by the board. (b) When the board is satisfied that the applicant meets the requirements set out in Code Section 43-36-6, except for the qualifications set out in paragraphs (6) and (7) 2030 JOURNAL OF THE HOUSE, of subsection (a) of Code Section 43-36-6, the board shall issue and deliver to such applicant a license to become a polygraph examiner intern, charging such fee for the issuance of the license as the board may establish. Such license shall not be transferable and shall be revoked only by the board. (c) Notwithstanding any other provisions of this chapter, any person who has been issued a license by the board authorizing such person to administer polygraph examinations and whose license is valid on July 1, 1985, shall not be required to comply with the provisions of paragraphs (4) through (7) of subsection (a) of Code Section 43-36-6. Such person shall continue to be licensed and shall have his license renewed as long as he complies with the remaining provisions of this chapter. 43-36-10. Persons licensed to operate polygraphs under the laws of any other state having requirements similar to those of this chapter may, in the discretion of the board, be issued a license to operate polygraphs in this state without written examination upon the payment of a fee in an amount "established by the board. 43-36-11. (a) All licenses issued under this chapter shall be renewable biennially. (b) A polygraph examiner employed by a municipal, county, state, or federal agency shall not be required to pay any application or licensing fees as long as his sole use of the polygraph is in performance of his official duties, provided that such polygraph examiner must be properly licensed as provided in Code Section 43-36-9. (c) All licenses shall at all times be posted in a conspicuous place in the principal place of business of the licensee in this state. The board shall issue to each licensed polygraph examiner an identification card which he must have in his possession when administering polygraph examinations at a location away from his normal place of business. 43-36-12. All polygraph examinations shall be conducted under such testing conditions as are established by rules and regulations of the board. Such conditions, at a minimum, shall provide that: (1) No chart shall contain less than seven nor more than 15 questions; (2) An examiner shall allow a minimum of ten seconds between questions to allow the subject ample time to respond physiologically to each verbal stimulus; (3) (A) A polygraph examiner shall not produce a polygraph chart which is not adequately marked by the polygraph examiner to identify, at a minimum, each of the following: (i) The individual being tested; (ii) The date of the examination; (iii) The time of the chart; (iv) The chart and test number; and (v) The polygraph examiner's initials and the signature of the examinee. (B) A polygraph examiner shall mark charts which are produced from instruments which contain electronically enhanced components to show the sensitivity level at the beginning of the chart and at any point where the sensitivity is changed; (4) A polygraph examiner shall not perform more than 15 polygraph examinations in any one 24 hour period; and (5) When a polygraph examination is being administered, no person shall be present in the room other than the polygraph examiner without the knowledge and prior consent of the examinee. No polygraph examination shall be monitored with viewing or listening devices without the examinee's knowledge and prior consent. 43-36-13. (a) A polygraph examination shall consist of: (1) A full and complete pretest interview; (2) Chart examination; and (3) A posttest interview when necessary. Such interview will include, but not be limited to, the examinee being informed of the examiner's opinion concerning the test results and an opportunity for the examinee to respond to those opinions rendered. (b) No part of a polygraph examination shall be conducted other than personally by the polygraph examiner. (c) (1) All conclusions or opinions of a polygraph examiner shall be in writing and shall be based on polygraph chart analysis. A polygraph examiner shall not render any TUESDAY, MARCH 5, 1985 2031 conclusions or opinions without having produced two or more polygraph charts on the examinee covering the same questions. (2) Only three types of opinions will be rendered by a polygraph examiner: (A) Deception indicated; (B) No deception indicated; or (C) Inconclusive chart analysis. (3) Such conclusions or opinions shall contain no information other than admissions to relevant issues and interpretation of charts and shall contain no recommendation regarding the prospective or continued employment of an examinee. (4) A polygraph examiner shall, upon written request, provide an examinee a written copy of all opinions or conclusions rendered and signed by the polygraph examiner within 15 days of the date of the examination. The board is authorized to establish by rule a reasonable fee for the provision of such copy. This paragraph shall not apply to law enforcement or public safety personnel conducting criminal investigations. (d) No person except a licensed polygraph examiner shall conduct an interview in the presence of a polygraph which might lead the examinee to believe that such person is a polygraph examiner. (e) A polygraph examiner shall not ask a question during a polygraph examination unless, prior to such examination, such question has been submitted in writing to the examinee, the polygraph examiner has reviewed such question with the examinee, and the examinee gives written consent to such question. 43-36-14. A polygraph examiner shall not inquire into any of the following areas during preemployment or periodic employment examinations: (1) Religious beliefs or affiliations; (2) Beliefs or opinions regarding racial matters; (3) Political beliefs or affiliations; (4) Beliefs, affiliations, or lawful activities regarding unions or labor organizations; (5) Sexual preferences or activities; or (6) Actions or activities more than five years preceding the date of the examination, except for felony convictions or participation in criminal activity which would constitute a felony. 43-36-15. (a) In order to protect the rights of the examinee in the administration of a polygraph examination, the following minimum procedures must be followed: (1) Each prospective examinee shall be required to sign a notification and receive a copy of such notification, prior to the beginning of a polygraph examination, which contains the following information: (A) That he is consenting voluntarily to take the examination; (B) That the polygraph examiner shall not inquire into any of the following areas during preemployment or periodic examinations: (i) Religious beliefs or affiliations; (ii) Beliefs or opinions regarding racial matters; (iii) Political beliefs or affiliations; (iv) Beliefs, affiliations, or lawful activities regarding unions or labor organiza- tions; (v) Sexual preferences or activities; or (vi) Actions or activities more than five years preceding the date of the examination, except for felony convictions or participation in criminal activity which would constitute a felony; (C) That he may terminate the examination at any time; (D) That, upon written request, he shall be provided with a written copy of any opinions or conclusions rendered as a result of the examination. The board is authorized to establish by rule a reasonable fee for the provision of such copy; (E) The name of the polygraph examiner, his polygraph examiner license number issued by the board, and his business address; (F) The name and address of the State Board of Polygraph Examiners; and (G) That he has the right to file a complaint with the board if he feels that the examination has been improperly conducted. The exact wording of this provision of the notification shall be prescribed by rules or regulations of the board; 2032 JOURNAL OF THE HOUSE, (2) The board shall provide by rule for the form of the notification provided for in paragraph (1) of this subsection; (3) (A) A polygraph examiner, when administering a polygraph examination, shall not attempt to measure stressful physiological responses on matters or issues not discussed with the subject during the pretest interview or not reasonably related to the matters or issues previously discussed with the subject. (B) No polygraph examiner after conducting a preemployment polygraph examination shall conduct an accusatory interrogation for the purpose of eliciting a confession or admission against interest from the examinee. (C) A polygraph examiner shall not knowingly coerce or intimidate a subject into signing or verbally confessing to matters. (D) A polygraph examiner shall not release the results of a subject's examination unless the examiner has obtained the prior written permission of the subject. (E) A polygraph examiner shall not conduct an examination of a subject if the examiner knows or has reason to believe that the subject is mentally or physically incapable of undergoing a polygraph examination. (F) An examinee shall be allowed to tape-record his examination concerning any matters directly relating to employment unless such matters involve law enforcement or public safety personnel conducting internal investigations or a specific criminal investigation reported to a law enforcement or public safety agency; and (4) A licensed polygraph examiner, a licensed polygraph examiner intern, or an employee of a licensed polygraph examiner may only disclose information acquired from a polygraph examination to: (A) The examinee or any other person specifically designated in writing by the examinee; (B) The person, firm, corporation, partnership, business entity, or governmental agency that requested the examination; or (C) Any person pursuant to and directed by court order. (b) The rights and procedures provided for in this Code section shall not be affected by any contract or waiver and a polygraph examiner shall be prohibited from requesting that an examinee execute any such contract or waiver. 43-36-16. A polygraph examiner shall preserve and keep on file for a minimum of two years after administering a polygraph examination all opinions, reports, charts, question lists, and all other records relating to the polygraph examination. 43-36-17. (a) Except as otherwise provided in subsection (b) of this Code section, any polygraph examiner licensed under this chapter shall be required to acquire and maintain a minimum of $100,000.00 coverage of errors and omissions insurance. No licensee or applicant shall cancel or cause to be canceled any insurance policy issued pursuant to this Code section unless the board is so informed in writing by certified mail at least 30 days prior to the proposed cancellation. (b) (1) In lieu of the requirements of subsection (a) of this Code section, each applicant for a license under this chapter shall provide satisfactory evidence to the board that the prospective licensee has posted or has made provision for the posting of a bond. The required bond shall be executed in favor of the state, in the amount of $50,000.00, with a surety company authorized to do business in this state and conditioned to pay damages not to exceed the amount of such bond to any person aggrieved by any act of the principal named in such bond, which act is in violation of this chapter and would be grounds for denial, suspension, or revocation of a license. Immediately upon the granting of a license, such bond shall be filed with the jointsecretary by the licensee and shall be approved by the joint-secretary as to form and as to the solvency of the surety. The prospective licensee may file the required bond with the joint-secretary prior to the granting of a license for the joint-secretary's approval. No licensee shall cancel or cause to be canceled a bond issued pursuant to this Code section unless the board is so informed in writing by certified mail at least 30 days prior to the proposed cancellation. In lieu of the required bond, the prospective licensee may submit a net worth affidavit, prepared using standard accounting procedures, which affidavit indicates that the prospective licensee has a net worth of TUESDAY, MARCH 5, 1985 2033 more than $100,000.00. The board, in its discretion, may accept a financial affidavit in lieu of the bond required by this subsection. The board shall require licensees under this Code section to submit periodic financial updates to ensure continued financial responsibility. If the surety or licensee fails to submit, within ten days of the effective date of cancellation, a new bond or a net worth statement as outlined in this subsection, the board shall have the authority to revoke any license issued under this chapter. (2) If the insurance policy or the bond issued as a requirement of this Code section is canceled for any reason by either the insurance carrier, surety, or licensee and the licensee fails to submit within ten days of the effective date of the cancellation either a new insurance policy, bond, or net worth statement showing that the licensee has a net worth of $100,000.00, calculated according to standard accounting procedures, the license of such person shall stand revoked. The board shall by rules and regulations provide procedures which will enable such a person with a revoked license to have the license reinstated upon proof of insurance, bond, or appropriate net worth statement. (c) The board is authorized to provide by rule for the implementation and enforcement of this Code section. (d) This Code section shall not apply to a polygraph examiner employed by a municipal, county, state, or federal agency as long as such examiner's sole use of the polygraph is in performance of his official duties. 43-36-18. Investigative and disciplinary authority of the board shall be as provided for in Code Section 43-1-19. 43-36-19. It shall be unlawful for any person to conduct polygraph examinations unless he shall have first obtained a license as provided in this chapter and possesses all the qualifications prescribed by the terms of this chapter. Any person who conducts or attempts to conduct polygraph examinations without a license, or who buys or fraudulently obtains a license to conduct polygraph examinations, or who violates any of the terms of this chapter, or who uses the title 'polygraph examiner' or any word or title to induce the belief that he is a polygraph examiner, without first complying with this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100.00 nor more than $500.00, or by imprisonment in the county jail for not less than 30 days nor more than one year, or both, at the discretion of the court. All subsequent offenses shall be separate and distinct offenses and punishable in like manner. 43-36-20. It shall be unlawful for an employer or prospective employer to charge or require an employee or prospective employee to pay for any polygraph examination required as a condition of preemployment or continued employment. 43-36-21. This chapter shall not apply to any person who uses a polygraph for the sole purpose of conducting scientific or academic research or experiments. Such results shall be used exclusively for academic or scientific pursuits and in no way shall be used for specific employment or law enforcement or public safety objectives. 43-36-22. Only provisions of this chapter pertaining to licensing, training, and instrumentation shall apply to municipal, county, and state law enforcement or public safety agencies. 43-36-23. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Polygraph Examiners shall be terminated on July 1, 1987, 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 2. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by adding a new Code section immediately following Code Section 51-1-36, to be designated Code Section 51-1-37, to read as follows: "51-1-37. (a) Any person who is given a polygraph examination and who suffers damages as a result of: 2034 JOURNAL OF THE HOUSE, (1) Such polygraph examination having been administered in a negligent manner; or (2) Such polygraph examination having not been administered in conformity with the provisions of Chapter 36 of Title 43 shall have a cause of action against the polygraph examiner. (b) The measure of damages shall be the actual damages sustained by such person, together with reasonable attorneys' fees, filing fees, and reasonable costs of the action. Reasonable costs of the action may include, but shall not be limited to, the expenses of discovery and document reproduction. Damages may include, but shall not be limited to, back pay for the period during which such person did not work or was denied a job as a result of such examination." Section 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Groover of the 99th moves to amend the Committee substitute to SB 19 as follows: By adding between lines 6 and 7, page 20, a new section to be designated "Section 3" to read as follows: "Section 3. Nothing contained in this act shall be construed so as to authorize the results of any polygraph examination to be introduced in evidence in any judicial or administrative proceeding in this state; nor shall this act be construed as a legislative determination that such examinations are reliable to demonstrate any fact or that they have any probative value." By renumbering Section 3 as Section 4. The following amendment was read: Representative Barnett of the 59th moves to amend the Committee substitute to SB 19 as follows: Delete Section 2, line 17, page 19, in its entirety. Renumber Section 3 to Section 2. On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Aaron NAdams,G N Adams,M YAiken NAlford Y Alien N Anderson NArgo YAthon Y Atkins Y Auten N Bailey NBalkcom Y Bannister Bargeron NBarnett.B YBamett,M NBeck YBenefield Benn N Birdsong N Bishop N Bolster NBostick Y Branch N Bray Brooks Brown.G Brown,J Buck Burruss NByrd N Carter Chambless Chance N Cheeks N Childers N Childs Y Clark.B Y Clark.L N Colbert NColeman N ColweU Connell N Cooper NCopelan Couch Cox N Crawford Y Crosby Y Cummings Daugherty Y Davis Y Dean N Dixon Y Dobbs Dover N Dunn Edwards N Evans Y Felton N Foster Y Galer N Godbee Y Goodwin N Greene Y Greer N Groover N Hamilton N Manner Hasty N Hays Y Heard Y Hill Holcomb Y Holmes Hooks Home N Hudson Y Isakson N Jackson,J Y Jackson.N N Jamieson Y Johnson.D Johnson.F Y Johnson.R N Johnson.S N Kilgore N Kingston Y Lane.D Y Lane.R N Lawler Y Lawrence N Lawson Y Lee,C N Lee.W Y Linder Y Logan N Long N Lord Lucas Y Lupton N Maddox Y Mangum N Martin.C N Martin.J Y Matthews Y McDonald N McKelvey Y McKinney N Milan, Y Milford Y Moody Y Moore Y Morton N Mostiler N Moultrie Y Mueller N Oliver.C Oliver.D TUESDAY, MARCH 5, 1985 2035 NPadgett NPannell YParham Parrish N Patten N Peters NPettit Phillips Pinkston N Porter N Rainey Ramsey.T Y Ramsey.V N Randall N Ransom Ray N Reaves Y Redding Richardson N Robinson.C N Robinson,P Ross N Royal Y Russell N Selman N Shepard N Sherrod Y Sinkfield Y Sizemore N Smith,L N Smith,P N Smith.T Smyre Y Stancil N Steinberg Thomas.C Thomas,M Thompson Y Townsend Y Triplett N Twiggs Y Waddle N Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts Y White Y Wilder Y Williams,B N Williams,,] Y Williams,R N Wilson N Wood N Workman Yeargin Young Murphy.Spkr On the adoption of the amendment, the ayes were 61, nays 81. The amendment was lost. Representative Logan of the 67th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. The following amendment was read: Representatives Coleman of the 118th and Alford of the 57th move to amend the Committee substitute to SB 19 by striking from lines 4 and 5 of page 16 the following: "$100,000.00 coverage of errors and omissions insurance", and inserting in lieu thereof the following: "$25,000.00 liability insurance". By striking from line 18 of page 16 the following: "$50,000.00", and inserting in lieu thereof the following: "$10,000.00". By striking from line 7 of page 17 the following: "$100,000.00", and inserting in lieu thereof the following: "$50,000.00". By striking from line 25 of page 17 the following: "$100,000.00", and inserting in lieu thereof the following: "$50,000.00". On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Aaron YAdams.G N Adams.M Y Aiken Y Alford N Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey N Balkcom Y Bannister Bargeron Y Barnett,B Y Barnett.M Y Beck N Benefield Benn Y Birdsong Bishop N Bolster Y Bostick Y Branch Bray Brooks Y Brown.G Brown,J Buck Burruss Y Byrd Carter Y Chambless Chance Y Cheeks N Childers Y Childs N Clark.B Y Clark,L 2036 JOURNAL OF THE HOUSE, Y Colbert Y Coleman Y Colwell Connell Y Cooper YCopelan Couch Cox NCrawford NCrosby Y Cummings Daugherty YDavis NDean N Dixon Y Dobbs Dover YDunn Edwards N Evans N Felton Foster YGaler N Godbee Y Goodwill YGreene YGreer Y Groover Hamilton Y Hanner Hasty Y Hays N Heard N Hill Y Holcomb N Holmes N Hooks Home Y Hudson Y Isakson YJackson,J N Jackson.N Y Jamieson N Johnson,D YJohnson.F Y Johnson.R Y Johnson.S Y Kilgore Y Kingston N Lane.D Y Lane,R Y Lawler Y Lawrence Y Lawson Y Lee.C N Lee,W Y Linder Y Logan Y Long Y Lord Lucas Y Lupton Y Maddox Y Mangum Y Martin,C N Martin,J Matthews Y McDonald N McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler N Moultrie N Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Phillips Pinkston Y Porter Y Rainey Ramsey.T N Ramsey.V N Randall Y Ransom N Ray Y Reaves Redding Richardson Y Robinson.C Y Robinson,P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod N Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T On the adoption of the amendment, the ayes were 109, nays 37. The amendment was adopted. Smyre Y Stancil Y Steinberg Y Thomas.C N Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs N Waddle Y Waldrep Y Walker.C N Walker,L Y Wall Ware N Watson Y Watts N White Y Wilder N Williams,B Williams.J N Williams,R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr Representative Mueller of the 126th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon. The following amendment was read: Representatives Martin of the 26th and Crawford of the 5th move to amend the Committee substitute to SB 19 by adding between lines 4 and 5 of page 13 the following: "(B) That he cannot be terminated from employment solely on the basis of the results of the polygraph examination;" By redesignating subparagraphs (B) through (H) on page 13 and 14 as subparagraphs (C) through (I), respectively. By adding between lines 30 and 31 of page 19 the following: "(b) Any person who is given a polygraph examination and who suffers damages as a result of having been terminated from employment solely on the basis of the results of the polygraph examination shall have a cause of action against the employer who requested or required that such examination be given." By striking from line 31 of page 19 the following: "(b)", and inserting in lieu thereof the following: "(c)". On the adoption of the amendment, the roll call was ordered and the vote was as follows: Aaron N Adams,G NAdams.M N Aiken N Alford Y Alien N Andereon N Argo N Athon N Atkins N Auten N Bailey N Balkcom N Bannister N Bargeron TUESDAY, MARCH 5, 1985 2037 Y Barnett,B N Barnett,M YBeck N Benefield Benn N Birdsong Bishop Y Bolster N Bostick N Branch NBray Y Brooks Y Brown.G Brown,J Buck Burruss NByrd N Carter N Chambless Chance N Cheeks Y Guilders Y Childs Y Clark,B N Clark.L N Colbert N Coleman N Colwell Connell N Cooper N Copelan Couch Cox Y Crawford Y Crosby N Cummings Daugherty NDavis YDean Y Dixon N Dobbs Dover N Dunn Edwards Evans N Felton N Foster NGaler NGodbee N Goodwin N Greene Y Greer N Groover N Hamilton Manner Hasty NHays N Heard YHill N Holcomb N Holmes Y Hooks Home N Hudson NIsakson N Jackson.J N Jackson.N N Jamieson Y Johnson.D N Johnson.F N Johnson,R N Johnson.S N Kilgore N Kingston Y Lane,D N Lane,R N Lawler N Lawrence N Lawson YLee,C N Lee.W N Linder N Logan N Long YLord Lucas N Lupton N Maddox N Mangum N Martin.C Y Martin,J N Matthews N McDonald Y McKelvey Y McKinney NMilam N Milford N Moody N Moore N Morton N Mostiler N Moultrie N Mueller N Oliver.C N Oliver,D N Padgett N Pannell YParham N Parrish N Patten N Peters N Pettit Phillips Pinks ton N Porter Y Rainey Ramsey.T N Ramsey.V YRandall N Ransom NRay Y Reaves Y Redding Richardson N Robinson,C N Robinson.P Ross Royal Russell Y Selman N Shepard N Sherrod On the adoption of the amendment, the ayes were 37, nays 112. The amendment was lost. Y Sinkfield N Sizemore N Smith,L Y Smith,P N Smith,T Smyre Y Stancil N Steinberg N Thomas.C Y Thomas.M Thompson N Townsend N Triplett Twiggs N Waddle N Waldrep Y Walker.C N Walker,L N Wall Ware N Watson Watts Y White N Wilder N Williams.B Y Williams,J N Williams.R N Wilson N Wood N Workman N Yeargin Y Young Murphy,Spkr The following amendment was read: Representative Alien of the 127th moves to amend the Committee substitute to SB 19 as follows: By adding at the end of line 6, page 20, the following: "Nothing in this chapter shall prohibit an aggrieved party from applying for punitive damages." On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Aaron N Adams.G N Adams.M Aiken N Alford Y Alien N Anderson N Argo N Athon N Atkins N Auten N Bailey N Balkcom N Bannister Bargeron N Barnett,B Y Barnett,M NBeck N Benefield Benn N Birdsong Bishop Y Bolster N Bostick N Branch YBray Brooks Y Brown.G Brown,J Buck Burruss NByrd N Carter N Chambless Chance N Cheeks Y Childers Y Childs Y Clark.B Y Clark.L N Colbert Y Coleman N Colwell Connell N Cooper Y Copelan Couch YCox Y Crawford Crosby N Cummings Daugherty NDavis Dean Y Dixon N Dobbs Dover NDunn Edwards Y Evans N Felton N Foster Y Galer NGodbee Y Goodwin Y Greene Greer N Groover Y Hamilton Hanner Hasty NHays N Heard NHill N Holcomb Y Holmes N Hooks Home N Hudson N Isakson N Jackson,J N Jackson,N N Jamieson Y Johnson.D N Johnson,F Y Johnson.R N Johnson,S N Kilgore N Kingston N Lane,D N Lane,R N Lawler N Lawrence Y Lawson Y Lee.C N Lee.W N Linder N Logan YLong NLord 2038 JOURNAL OF THE HOUSE, Lucas N Lupton Maddox N Mangum Y Martin.C Y Martin,J N Matthews N McDonald Y McKelvey Y McKinney NMilam N Milford N Moody N Moore N Morton N Mostiler N Moultrie N Mueller N Oliver.C N Oliver.D N Padgett Y Pannell N Parham N Parrish N Patten N Peters Pettit Phillips Pinkston Y Porter N Rainey Ramsey.T N Ramsey.V YRandall N Ransom NRay N Reaves Y Redding Richardson N Robinson.C Y Robinson.P Ross N Royal Russell N Selman N Shepard N Sherrod Y Sinkfield Y Sizemore N Smith,L N Smith,P N Smith,T Smyre Y Stancil N Steinberg Y Thomas.C Y Thomas.M Thompson N Townsend N Triplet* Twiggs N Waddle Y Waldrep N Walker.C N Walker.L N Wall Ware Y Watson Watts Y White N Wilder N Williams.B Y Williams,J N Williams,R N Wilson YWood N Workman N Yeargin Y Young Murphy.Spkr On the adoption of the amendment, the ayes were 46, nays 99. The amendment was lost. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford N Alien Y Anderson N Argo Y Athon Y Atkins Y Auten Y Bailey N Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield Benn Y Birdsong Bishop N Bolster Y Bostick Y Branch YBray Y Brooks N Brown.G Brown,J Buck Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs N Clark,B Y Clark.L Y Colbert Y Coleman N Colwell Connell Y Cooper Y Copelan Couch YCox N Crawford Crosby N Cummings Daugherty YDavis Dean Y Diion Y Dobbs Dover Y Dunn Edwards Y Evans Y Felton N Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Manner Hasty YHays Y Heard NHill Y Holcomb N Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y JohnsontD Y Johnson,F Y Johnson.R Y Johnson,S Y Kilgore N Kingston YLane.D Y Lane.R Y Lawler N Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan YLong YLord Lucas Y Lupton Y Maddoi Y Mangum Y Martin.C N Martin,J Y Matthews N McDonald Y McKelvey McKinney YMilam N Milford Y Moody N Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell NParham N Parrish Y Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V NRandall Y Ransom NRay Y Reaves N Redding Richardson Y Robinson.C Y Robinson,P Ross Y Royal N Russell Y Selman Y Shepard Y Sherrod N Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Ware N Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson YWood Y Workman Y Yeargin N Young Murphy,Spkr On the passage of the Bill, by substitute, as amended, the ayes were 126, nays 27. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. TUESDAY, MARCH 5, 1985 2039 The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 579. By: Representatives Padgett of the 86th and Cheeks of the 89th: A BILL to provide for the membership of the board of the Richmond County Hospital Authority; and for other purposes. The following Senate substitute was read: A BILL To provide for the membership of the board of the Richmond County Hospital Authority; to provide for the appointment of members of the board; to provide for filling vacancies; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) Except as provided in subsection (b) of this section, members of the board of the Richmond County Hospital Authority who were serving on the board on January 1, 1985, shall serve for the remainder of the terms to which they were appointed and until their successors are appointed and qualified. (b) The two members of the board whose terms expired December 31, 1984, shall serve until their successors are appointed and qualified under this Act. Section 2. The successor to one of the two members of the board whose term expired December 31, 1984, shall be appointed by the governing authority of Richmond County. The one member appointed under this section and successors to such member shall be a member of the governing authority of Richmond County. Section 3. The successor to one of the two members of the board whose term expired December 31, 1984, successors to the two members of the board whose terms expire December 31, 1985, successors to the two members of the board whose terms expire December 31, 1986, and successors to the three members of the board whose terms expire December 31, 1987, shall be appointed by the governing authority of Richmond County from lists of the names of eligible persons submitted by the board of the Richmond County Hospital Authority. For each position on the board to be filled, a list of the names of three persons shall be submitted to the governing authority of Richmond County. The governing authority shall select one of the three persons named to succeed the member whose term has expired. Section 4. Members of the board appointed under Sections 2 and 3 of this Act and successors of such members shall serve for terms of office of four years and until their successors are appointed and qualified as provided and using the procedures in Section 2 or Section 3 of this Act, as the case may be. Section 5. If a vacancy occurs for any reason, a qualified person shall be appointed to serve for the remainder of the unexpired term and until his successor is appointed and qualified using the procedures set forth in Section 2 or Section 3 of this Act, as the case may be. Section 6. All laws and parts of laws in conflict with this Act are repealed. Representative Padgett of the 86th moved that the House agree to the Senate substitute to HB 579. On the motion, the ayes were 103, nays 0. The motion prevailed. 2040 JOURNAL OF THE HOUSE, Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: SB 74. By: Senators Deal of the 49th and Greene of the 26th: A BILL to amend Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses, so as to provide that the victim of a criminal offense shall be entitled to be present in court during the prosecution of such offense; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses, so as to provide that the victim of a criminal offense may be entitled to be present in court during the prosecution of such offense; to provide that it shall be within the sole discretion of the judge to implement such provisions of law and determine when to allow such victim to be present in such court and, if such victim is permitted to be present, to determine the order in which the testimony of such victim shall be given; to provide that failure of the victim to exercise such right shall not be a cause or ground for appeal by a defendant or for any court to set aside, reverse, or remand a criminal conviction; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses, is amended by striking Code Section 24-9-61, relating to sequestration of witnesses, and inserting in lieu thereof a new Code Section 24-9-61 to read as follows: "24-9-61. In Except as otherwise provided in Code Section 24-9-61.1, in all cases either party shall have the right to have the witnesses of the other party examined out of the hearing of each other. The court shall take proper care to effect this object as far as practicable and convenient, but no mere irregularity shall exclude a witness." Section 2. Said article is further amended by adding a new Code section immediately following Code Section 24-9-61, to be designated Code Section 24-9-61.1, to read as follows: "24-9-61.1. (a) The victim of a criminal offense may be entitled to be present in any court exercising jurisdiction over such offense. It shall be within the sole discretion of the judge to implement the provisions of this Code section and determine when to allow such victim to be present in such court and, if such victim is permitted to be present, to determine the order in which the testimony of such victim shall be given. (b) The failure of a victim to exercise any right granted by this Code section shall not be a cause or ground for an appeal of a conviction by a defendant or for any court to set aside, reverse, or remand a criminal conviction." 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: Aaron Y Adams.G YAdams.M Aiken Alford Y Alien Y Andereon Y Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M Y Beck Y Benefield Benn Y Birdsong Bishop Bolster Y Bostick Y Branch TUESDAY, MARCH 5, 1985 2041 YBray Y Brooks Y Brown.G Brown,J YBuck Y Bumiss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Ciark.B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Couch YCoi Y Crawford Crosby Y Cummings Daugherty Davis Dean Dixon Y Dobbs Y Dover Y Dunn Edwards Evans Y Felton Y Foster YGaler YGodbee YGoodwin Y Greene Y Greer Y Groover Y Hamilton Manner Hasty YHays Y Heard Hill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,.] Y Jackson,N Y Jamieson Y Johnson.D Johnson,F Y Johnson.R Y Johnson.S Y Kilgore Y Kingston Y Lane.D YLane.R Lawler Y Lawrence Y Lawson Lee.C Y Lee.W Y Under YLogan YLong YLord Lucas Y Lupton Y Maddox Y Mangum Y Martin,C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Pettit Y Phillips Pinkston Y Porter YRainey Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Richardson Robinson.C Robinson.P ROBS Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Thomas,M Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Y Young Murphy.Spkr On the passage of the Bill, by substitute, the ayes were 139, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: HB 647. By: Representative Bolster of the 30th: A BILL to amend Code Section 15-10-2.1 of the Official Code of Georgia Annotated, relating to the continuation of certain jurisdiction of certain magistrate courts until a specified date, so as to provide for the permanent continuation of such jurisdiction for magistrate courts of 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. The following Senate amendment was read: Amend HB 647 by striking from Page 1, line 6, the following: "550,000"; and inserting in lieu thereof the following: "483,000"; and by striking from Page 1, line 19, the following: "550,000"; and inserting in lieu thereof the following: "483,000". Representative Bolster of the 30th moved that the House disagree to the Senate amendment to HB 647. 2042 JOURNAL OF THE HOUSE, The motion prevailed. Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time: SR 91. By: Senator Burton of the 5th: A RESOLUTION designating the right whale as the official Georgia state marine mammal; 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 YAdams.G Y Adams.M Aiken Alford Alien Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey YBalkcom Y Bannister Bargeron Y Barnett.B Y Barnett,M Beck Y Benefield Benn YBirdsong Y Bishop Y Bolster YBostick Y Branch Bray Brooks Brown.G Brown^J Buck Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L Colbert Y Coleman Y Colwell Connell Y Cooper YCopelan Couch Cox Y Crawford Y Crosby Y Cummings Daugherty YDavis Dean Dixon Y Dobbs Y Dover Dunn Edwards Y Evans Y Felton Y Foster YGaler Y Godbee YGoodwin Y Greene YGreer Y Groover Y Hamilton Hanner Hasty YHays Y Heard Hill Y Holcomb N Holmes Y Hooks Home Y Hudson Isakson Jackson,J Y Jackson.N Y Jamieson Y Johnson.D Johnson.F Y Johnson.R Y Johnson,S Y Kilgore Y Kingston YLane,D Lane.R Y Lawler Y Lawrence Y Lawson YLee,C YLee,W N Linder YLogan YLong YLord Lucas Y Lupton Y Maddox Y Mangum Martin.C Y Martin^I Y Matthews McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morion Mostiler Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett YPannell YParham YParrish Y Patten Peters Y Pettit Phillips Pinkston Y Porter YRainey Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Redding Richardson Y Robinson.C Robinson,P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Smith,T Smyre Y Stancil Steinberg Thomas.C Thomas,M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Walker,L Y Wall Y Ware Y Watson Watts White Y Wilder Y Williams,B Y Williams,J Williams,R Y Wilson YWood Y Workman Yeargin Young Murphy,Spkr On the adoption of the Resolution, the ayes were 117, nays 2. The Resolution, having received the requisite constitutional majority, was adopted. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 285. By: Senators Barnes of the 33rd, Harrison of the 37th, Tolleson of the 32nd, and Brantley of the 56th: A BILL to amend an Act creating the Cobb Judicial Circuit, so as to provide for the payment from funds of Cobb County of certain expenses of the membership of the judges of said circuit in any state retirement or pension system; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. TUESDAY, MARCH 5, 1985 2043 SB 287. By: Senators Barnes of the 33rd, Harrison of the 37th, Tolleson of the 32nd, and Brantley of the 56th: A BILL to amend an Act providing a new charter for the City of Powder Springs, so as to provide for powers and duties of the mayor; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 288. By: Senators Stumbaugh of the 55th, Howard of the 42nd, Walker of the 43rd, and Burton of the 5th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that the General Assembly shall have authority to create and establish districts from which the members of the DeKalb County Board of Education shall be elected and to provide the manner of elections; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 289. By: Senators Stumbaugh of the 55th, Howard of the 42nd, Walker of the 43rd, and Burton of the 5th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment directing the county authorities of DeKalb County to levy a tax not exceeding one mill for educational purpose; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. Representative Russell of the 64th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed. The Speaker Pro Tern announced the House adjourned until 9:30 o'clock, tomorrow morning. 2044 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Wednesday, March 6, 1985 The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker. By unanimous consent, the call of the roll was dispensed with. Prayer was offered by the Reverend Terry Killingsworth, Pastor, First Baptist Church, Manchester, Georgia. Representative Balkcom of the 140th, 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 committees: HB 1120. By: Representative Beck of the 148th: A BILL to amend Code Section 7-4-12 of the Official Code of Georgia Annotated, relating to interest on judgments, so as to change the rate of interest under certain conditions; and for other purposes. Referred to the Committee on Judiciary. HB 1121. By: Representatives Smith of the 152nd, Clark of the 55th, Dover of the llth, Moody of the 153rd, Davis of the 45th, and others: A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing of persons using certain titles relating to nonmedical health care; to provide for definitions; to provide for the Georgia Board of Nonmedical Health Care Practitioners; and for other purposes. Referred to the Committee on Human Relations and Aging. WEDNESDAY, MARCH 6, 1985 2045 HB 1122. By: Representative Evans of the 84th: A BILL to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the "Act Creating the Superior Court Judges Retirement System," so as to revise extensively the provisions of said chapter relative to retirement benefits, contributions, survivors benefits, and spouses benefits; and for other purposes. Referred to the Committee on Judiciary. HB 1123. By: Representative Evans of the 84th: A BILL to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to provide for the admissibility of evidence concerning correction and retraction in an action based on alleged defamatory statements in a visual or sound broadcast; and for other purposes. Referred to the Committee on Judiciary. HB 1124. By: Representatives Morton of the 47th, Davis of the 45th, Isakson of the 21st, Moore of the 139th, Parham of the 105th, and others: A BILL to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to make it unlawful and an unfair or deceptive business to send a bill to any person or to request payment from any person for goods, services, or property not delivered at the time the bill is sent or the request for payment is made unless certain conditions have been met; and for other purposes. Referred to the Committee on Judiciary. HB 1125. By: Representatives Ware of the 77th and Argo of the 68th: A BILL to amend Code Section 33-2-11 of the Official Code of Georgia Annotated, relating to the requirement of examination by the Insurance Commissioner of insurers, rating organizations, and advisory organizations, so as to provide for examinations of any insurer which has changed its domicile from Georgia to another state; and for other purposes. Referred to the Committee on Insurance. HB 1126. By: Representative Holmes of the 28th: A BILL to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide requirements relative to automobile warranties; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1127. By: Representative Burruss of the 20th: A BILL to amend Chapter 7 of Title 20 of the Official Code of Georgia Annotated, relating to the Legislative Educational Research Council, so as to change the name, the composition, the purpose, and the duties of the council; to provide that the funds for the council and staff shall be a part of the budget of the House of Representatives; and for other purposes. Referred to the Committee on Rules. HB 1128. By: Representatives Wood of the 9th and Hays of the 1st: A BILL to amend Code Section 27-2-4 of the Official Code of Georgia Annotated, relating to honorary hunting and fishing licenses, so as to provide that certain veterans may qualify for an honorary hunting and fishing license; and for other purposes. Referred to the Committee on Game, Fish & Recreation. 2046 JOURNAL OF THE HOUSE, HB 1129. By: Representatives Williams of the 48th, Davis of the 45th, Lane of the lllth, Jackson of the 65th, and Dobbs of the 74th: A BILL to amend Code Section 48-1-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Georgia Public Revenue Code," so as to redefine the terms "Internal Revenue Code" and "Internal Revenue Code of 1954" as used in the revenue and taxation laws of this state; to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of an individual's taxable net income, so as to exclude from taxable net income certain social security and railroad retirement benefits; and for other purposes. Referred to the Committee on Ways & Means. HR 397. By: Representative Townsend of the 24th: A RESOLUTION proposing an amendment to the Constitution so as to remove the requirement that the consolidation of two or more counties into one or the division of a county and the merger of portions thereof into other counties shall not become effective unless approved by a majority of the qualified voters voting thereon in each of the counties proposed to be consolidated, divided, or merged; and for other purposes. Referred to the Committee on Legislative & Congressional Reapportionment. By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time: HB 1105 HB 1106 HB 1107 HB 1108 HB 1109 HB 1110 HB 1111 HB 1112 HB 1113 HB 1114 HB 1115 HB 1116 HB 1117 HB 1118 HB 1119 HR 363 SB 285 SB 287 SB 288 SB 289 Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report: Mr. Speaker: Your Committee on Health & Ecology has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 6 Do Pass, by Substitute SB 252 Do Pass, by Substitute Respectfully submitted, Childers of the 15th Chairman Representative Evans of the 84th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: WEDNESDAY, MARCH 6, 1985 2047 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 16 Do Pass, by Substitute Respectfully submitted, Evans of the 84th Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1088 Do Pass HB 1091 Do Pass HB 1094 Do Pass JW6 Do Pass HHBB 11009989 DDoo PPaassss HB 1101 Do Pass HB 1102 Do Pass HB 1103 Do Pass SB 23 Do Pass, by Substitute SB 255 Do Pass SB 272 Do Pass, as Amended SB 274 Do Pass, as Amended SB 27g Do Pass, as Amended STMR{ .^80 Dno Ppass' SB 281 Do Pa8s SB 283 Do Pass SB 284 Do Pass SB 286 Do Pass Respectfully submitted, Adams of the 36th Chairman Representative Wilson of the 20th District, Chairman of the Committee on Ways & Means, submitted the following report: Mr. Speaker: Your Committee on Ways & Means has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 140 Do Pass, by Substitute Respectfully submitted, Wilson of the 20th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, MARCH 6, 1985 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 39th Legislative Day as enumerated below: HR 76 House Hartsileld Internal. Airport Noise Study Comm.: Create 2048 JOURNAL OF THE HOUSE, HR 282 Long Dist. Telecommunications Study Comm.: Create SB 55 Prisoners: Parole Supervision Fees SB 78 Legal Advertisements: Rates SB 95 Council of Superior Court Judges of Georgia: Create SB 114 Fire Safety Inspections: Hospital: State Fire Marshal SB 127 Corporations: Venue In Actions SB 154 Cosmetology: Revise Provisions SB 170 Medical Malpractice: Limitation of Actions SB 191 Living Wills: Certain Form SB 200 Post-Mortem Exam: Death of Person in Hospice SB 210 Cave Entry: Owner's Written Permission SB 262 Local Gov.: Revenue Bonds: Investment of Proceeds SB 268 Food Service Establishments: Define/Regulate SB 269 Georgia Industrial Authority: Revenue Bonds, Etc.: Issuance SR 50 Calhoun, City of: Convey Property SR 118 Corridor Z Highway Name Study Committee: Create SR 154 Fed. Marketing/Bargaining Act: Urge Enactment 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 today were ordered immediately transmitted to the Senate. Pursuant to House Rule 150, all amended or substituted Senate Bills and Resolutions passed today were ordered immediately transmitted to the Senate. By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 1088. By: Representative Ware of the 77th: A BILL to provide for the election of members of the Heard County Board of Education; to provide for five education districts; to provide for qualifications of the 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 1091. By: Representative Ross of the 82nd: A BILL to provide homestead exemptions from Wilkes County and Wilkes County school district ad valorem taxes; to provide requirements to be eligible to claim such exemptions; to provide definitions; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. WEDNESDAY, MARCH 6, 1985 2049 HB 1094. By: Representatives Peters of the 2nd and Ramsey of the 3rd: A BILL to amend an Act placing the coroner of Catoosa County on an annual salary, so as to increase 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 1095. By: Representative Rainey of the 135th: A BILL to amend an Act creating a board of commissioners of Dooly County, so as to change the provisions relative to the compensation of the chairman and other members of said 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 1098. By: Representative Edwards of the 112th: A BILL to amend an Act changing the number of members of the county board of education of Taylor County, so as to provide for new education districts; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1099. By: Representatives Colwell of the 4th and Twiggs of the 4th: A BILL to amend an Act creating a county commissioner of Gilmer County and an advisory board of Gilmer County, so as to change the 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. HB 1101. By: Representatives Byrd of the 153rd and Moody of the 153rd: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Wayne County to levy a tax not to exceed one-half mill for industrial development purposes; and for other purposes. The report 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. 2050 JOURNAL OF THE HOUSE, HB 1102. By: Representatives Walker of the 115th, Watson of the 114th, and Waddle of the 113th: A BILL to amend an Act creating the Houston Judicial Circuit, so as to change provisions relating to the compensation and salary supplements of the judges of the Houston 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 1103. By: Representatives Colwell of the 4th and Twiggs of the 4th: A BILL to provide for a board of registrations and elections for Fannin County; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 23. By: Senators Harrison of the 37th, Tolleson of the 32nd, and Brantley of the 56th: A BILL to repeal an Act entitled "An Act to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the City of Marietta; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act reincorporating the City of Marietta in Cobb County and creating a new charter for said city, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to provide for meetings of the Cobb County legislative delegation to determine policy relative to annexation by the City of Marietta; to provide for any matters relative thereto; to provide for the repeal of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act reincorporating the City of Marietta in Cobb County and creating a new charter for said city, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, is amended by adding between Section 1.4 and 1.5 a new Section 1.4A to read as follows: "Section 1.4A. (a) As used in this section, 'Cobb County legislative delegation' means the members of the General Assembly whose Senatorial or Representative districts lie wholly or partially within Cobb County. (b) It shall be the duty of the Cobb County legislative delegation to meet during the period from the close of the 1985 regular session of the General Assembly until December 31, 1985, for the purpose of finding an acceptable policy relative to the annexation of territory by the City of Marietta pursuant to general laws. The Cobb County legislative delegation shall meet with the governing authority of Cobb County, the Cobb County Board of Education, the governing authority of the City of Marietta, and representatives of the Cobb County Municipal Association in seeking to establish the policy provided for above. (c) Without limiting the policy findings of the Cobb County legislative delegation, it is specifically provided that said delegation shall give consideration to the following policy alternatives: WEDNESDAY, MARCH 6, 1985 2051 (1) The creation of an annexation advisory commission to consider the effect of any proposed annexation by the City of Marietta and to make recommendations to the city and other interested parties relative to such annexation; or (2) The establishment of territorial limitations on future annexation by the City of Marietta. (d) The Cobb County legislative delegation shall meet by not later than June 1, 1985, for the purposes specified by this section and shall establish a regular schedule of meetings for such purpose at the first meeting of such delegation." Section 2. This Act shall expire on December 31, 1985, and on that date this Act shall stand repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 255. By: Senator Bryant of the 3rd: A BILL to authorize the governing authority of Bryan County to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area 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. SB 272. By: Senators Bryant of the 3rd and Reddish of the 6th: A BILL to amend an Act placing the Sheriff of Glynn County on an annual salary, so as to change the provisions relating to automobiles for the sheriffs office; and for other purposes. The following amendment was read and adopted: The Committee on State Planning & Community Affairs moves to amend SB 272 by striking lines 15 through 22 of page 1 in their entirety and inserting in lieu thereof the following: "(2) The governing authority of Glynn County shall provide for the sheriff and his deputies up to 15 motor vehicles. In providing motor vehicles for the sheriff, the county shall procure and utilize only the most economical and cost-effective motor vehicles suitable for the purposes of the sheriff's office and the sheriff shall develop and enforce stringent regulations relating to the use of the motor vehicles, including provisions that employees of the sheriff authorized to utilize such vehicles for commuting to and from work shall not use such vehicles except for official business. Except as otherwise specifically authorized by the sheriff, utilization of a vehicle for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of the vehicle in official business." The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. 2052 JOURNAL OF THE HOUSE, 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 274. By: Senators Harrison of the 37th, Tolleson of the 32nd, and Brantley of the 56th: A BILL to amend an Act creating a board of commissioners for Cobb County, so as to change the compensation provisions relating to the members of the board of commissioners; and for other purposes. The following amendment was read and adopted: The Committee on State Planning & Community Affairs moves to amend SB 274 by striking from line 18 of page 1 the following: "$12,400.00", and inserting in lieu thereof the following: "$11,000.00". By striking lines 21 through 24 of page 1 in their entirety. By striking from line 25 of page 1 "treasury." By striking from line 26 of page 1 the following: "$25,000.00", and inserting in lieu thereof the following: "$27,500.00". 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 278. By: Senator Foster of the 50th: A BILL to amend an Act creating the office of commissioner of Dawson County, so as to change the provisions relating to the compensation of said commissioner; and for other purposes. The following amendment was read and adopted: The Committee on State Planning & Community Affairs moves to amend SB 278 by striking from line 19 of page 1 the following: "22,610.00", and inserting in lieu thereof the following: $22,000.00". By striking lines 23 through 26 of page 1 and line 1 of page 2 in their entirety and inserting in lieu thereof the following: "end of each such period of service. For the purposes of computing the salary of the county commissioner in office on the effective date of this Act, the 3 percent increase WEDNESDAY, MARCH 6, 1985 2053 provided by this paragraph shall be applied retroactively for each complete term of office served by such commissioner prior to the effective date of this Act. This". By striking lines 5 through 22 of page 2 in their entirety and inserting in lieu thereof the following: "(2) As used in this paragraph, 'county officer' means the sheriff, the clerk of the Superior Court, the judge of the Probate Court, or the tax commissioner of Dawson County. Notwithstanding the provisions of paragraph (1) of this subsection, if the annual salary of any county officer is increased to an amount which is greater than the annual salary of the county commissioner as provided in paragraph (1) of this subsection, then the annual salary of the county commissioner shall be increased so that it will equal the sum of the annual salary of such county officer plus the amount of $1.00. In the event the salaries of two or more county officers exceed the annual salary of the county commissioner, the greater of such salaries shall be used to adjust the salary of the county commissioner as provided in this paragraph." 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 280. By: Senator Cobb of the 28th: A BILL to amend an Act reincorporating the City of Senoia in Coweta County and providing a new charter for said city, so as to change the corporate limits of said city; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 281. By: Senator Foster of the 50th: A BILL to amend an Act creating the Etowah Water and Sewer Authority, so as to change the provisions relating to the issuance of revenue bonds by 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 283. By: Senator Harrison of the 37th: A BILL to amend an Act re-creating and reincorporating the City of Woodstock, so as to change the corporate boundaries 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. 2054 JOURNAL OF THE HOUSE, SB 284. By: Senator Bowen of the 13th: A BILL to create a new charter for the Town of Byromville, Georgia; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 286. By: Senator Tolleson of the 32nd: A BILL to amend an Act creating a new charter for the City of Smyrna, so as to provide for terms of office 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. 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 535. By: Representatives Pettit of the 19th and Childers of the 15th: A BILL to amend an Act creating the office of commissioner of Bartow County, so as to change the compensation of the commissioner of Bartow County; and for other purposes. HB 626. By: Representatives Alien of the 127th, Mueller of the 126th, Triplett of the 128th, Pannell of the 122nd, Kingston of the 125th, and Hamilton of the 124th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to creation of the current Recorder's Court of Chatham County and its jurisdiction in incorporated and unincorporated areas of Chatham County; and for other purposes. HB 627. By: Representatives Alien of the 127th, Mueller of the 126th, Triplett of the 128th, Pannell of the 122nd, Kingston of the 125th, and others: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to jurisdiction of the Recorder's Court of Chatham County to take pleas of guilty and nolo contendere and to impose sentence in misdemeanor cases; and for other purposes. HB 640. By: Representatives Bolster of the 30th and Couch of the 40th: A BILL to amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, known as the "Urban Residential Finance Authorities Act for Large Municipalities" (municipalities of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such WEDNESDAY, MARCH 6, 1985 2055 census), so as to change the provisions relating to certain definitions; and for other purposes. HB 825. By: Representative McKinney of the 35th: A BILL to amend an Act creating the City of Atlanta and Fulton County Recreation Authority, so as to change the provisions relating to the definition of the word "project"; to change the provisions relating to the purposes of the Authority; to authorize the City of Atlanta and Fulton County to contract with the Authority; and for other purposes. HB 842. By: Representative Cox of the 141st: A BILL to amend an Act creating a new charter for the City of Bainbridge, so as to change the number of aldermen of the City of Bainbridge; and for other purposes. HB 913. By: Representatives Thompson of the 20th, Lawler of the 20th, Wilson of the 20th, Cooper of the 20th, Aiken of the 21st, and Burruss of the 20th: A BILL to amend an Act amending, revising, consolidating, and superseding the several Acts incorporating the Town of Austell and reincorporating said town as a city, so as to change the corporate limits of the city; and for other purposes. HB 915. By: Representatives Bolster of the 30th, Sinkfield of the 37th, and Dean of the 29th: A BILL to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to change the provisions relating to the special district for library services within that portion of the City of Atlanta lying within DeKalb County; to change the provisions relating to the ad valorem tax within such special district; and for other purposes. HB 941. By: Representatives Lawler of the 20th, Cooper of the 20th, Aiken of the 21st, Atkins of the 21st, Johnson of the 21st, and Wilder of the 21st: A BILL to amend an Act creating the State Court of Cobb County, so as to change the amount of the bond which the clerk of the state court shall post; and for other purposes. HB 943. By: Representatives Moody of the 153rd and Byrd of the 153rd: A BILL to amend an Act reincorporating and providing a new charter for the City of Baxley, so as to change the composition of the city council and the method of electing councilmen; and for other purposes. HB 949. By: Representative Lord of the 107th: A BILL to amend an Act creating a board of commissioners of Washington County, so as to provide for the board, its members, and chairman; and for other purposes. HB 953. By: Representative Lord of the 107th: A BILL to amend an Act creating a charter for the City of Sandersville, so as to provide for city elections; and for other purposes. HB 956. By: Representatives Wilson of the 20th, Cooper of the 20th, Atkins of the 21st, Johnson of the 21st, Lawler of the 20th, and others: A BILL to amend an Act creating the Downtown Marietta Development Authority, so as to enlarge the Downtown Marietta District; and for other purposes. HB 976. By: Representatives Cox of the 141st and Long of the 142nd: A BILL to abolish the present mode of compensating the judge of the Probate Court of 2056 JOURNAL OF THE HOUSE, Decatur County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes. HB 977. By: Representative Peters of the 2nd: A BILL to amend an Act placing the judge of the Probate Court of Catoosa County and the clerk of the superior Court of Catoosa County on an annual salary in lieu of fees; and for other purposes. HB 982. By: Representatives Matthews of the 145th and Royal of the 144th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the assessment and collection of license fees and occupational taxes by the board of commissioners of Colquitt County; and for other purposes. HB 992. By: Representatives Buck of the 95th, Robinson of the 96th, Smyre of the 92nd, Galer of the 97th, Moultrie of the 93rd, and Bishop of the 94th: A BILL to amend an Act creating the Muscogee County School District, so as to change the provisions relative to public art galleries; to authorize the sale of property used for public art galleries and museum under certain conditions; and for other purposes. HB 995. By: Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st, and Ware of the 77th: A BILL to provide for the nonpartisan nomination and election of the judge of the Magistrate Court of Coweta County; and for other purposes. HB 1006. By: Representatives Buck of the 95th, Robinson of the 96th, Moultrie of the 93rd, Galer of the 97th, and Smyre of the 92nd: A BILL to repeal an Act providing an annual salary for the coroner in all counties of this state having a population of not less than 165,000 or more than 175,000 according to the United States decennial census of 1970 or any future such census in lieu of all fees or other emoluments; and for other purposes. HB 1010. By: Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, and Johnson 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 other members of the board; and for other purposes. HB 1011. By: Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Holcomb of the 72nd, and Benefield of the 72nd: A BILL to amend an Act creating the State Court of Clayton County, so as to increase the salary of the solicitor of said court; to provide that the governing authority of Clayton County shall pay to the solicitor of said court a sum equal to the contributions required for solicitors under the Trial Judges and Solicitors Retirement Fund; and for other purposes. HB 1012. By: Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, and Johnson of the 72nd: A BILL to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges; and for other purposes. HB 1013. By: Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, and Holcomb of the 72nd: A BILL to amend an Act creating the State WEDNESDAY, MARCH 6, 1985 2057 Court of Clayton County, so as to change the provisions relating to the compensation of the judges of said court; and for other purposes. HB 1014. By: Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, and Johnson of the 72nd: A BILL to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement; and for other purposes. HB 1015. By: Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, and Johnson 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 1016. By: Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, and Johnson 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; and for other purposes. HB 1017. By: Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, and Johnson of the 72nd: A BILL to amend an Act known as the "Clayton County Civil Service System Act," so as to change the provisions relating to the compensation of the members of the civil service board; and for other purposes. HB 1018. By: Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, and Johnson of the 72nd: A BILL to amend an Act providing for the compensation of the coroner; and for other purposes. HB 1019. By: Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, and Johnson of the 72nd: A BILL to amend an Act 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; and for other purposes. HB 1020. By: Representatives Smith of the 152nd, Byrd of the 153rd, and Moody of the 153rd: A BILL to amend an Act abolishing the present mode of compensating the clerk of the superior court, the judge of the probate court, and the tax commissioner of Brantley County, known as the fee system, and providing in lieu thereof annual salaries for such officers, so as to change the provisions relating to the compensation of such officers; and for other purposes. HB 1024. By: Representative Heard of the 43rd: A BILL to amend an Act creating the office of tax commissioner of Fayette County, so as to change the compensation of the tax commissioner; and for other purposes. HB 1025. By: Representative Heard of the 43rd: A BILL to amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of the clerk of the superior court. And for other purposes. HB 1026. By: Representative Heard of the 43rd: A BILL to amend an Act abolishing the fee system of compensation for the judge of the Probate Court of Fayette 2058 JOURNAL OF THE HOUSE, County and providing an annual salary in lieu thereof, so as to change the compensation of the judge of the probate court; and for other purposes. HB 1027. By: Representative Heard of the 43rd: A BILL to amend an Act abolishing the fee system of compensation for the sheriff of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of the sheriff; and for other purposes. HB 1028. By: Representatives Bargeron of the 108th and Godbee of the 110th: A BILL to provide for election of members to the Burke County board of education; to provide for five education districts; and for other purposes. HB 1031. By: Representative Parrish of the 109th: A BILL to amend an Act creating a Board of Commissioners of Candler County, so as to provide for an increase in the number of members of the board of commissioners; and for other purposes. HB 1032. By: Representatives Aiken of the 21st, Atkins of the 21st, Johnson of the 21st, Wilder of the 21st, Lawler of the 20th, and others: A BILL to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the City of Marietta; and for other purposes. HB 1033. By: Representatives Cummings of the 17th and Murphy of the 18th: A BILL to provide for a new board of education of Polk County; to provide for the election of members of the board of education; and for other purposes. HB 1036. By: Representatives Lawrence of the 49th, Williams of the 48th, Steinberg of the 46th, Morton of the 47th, Richardson of the 52nd, and others: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorized the Board of Commissioners of DeKalb County to pass ordinances, resolutions, rules, and regulations permitting payment not in excess of $200.00 to owners of personal property injured, damaged, or destroyed by employees of DeKalb County; and for other purposes. HB 1037. By: Representatives Peters of the 2nd and Ramsey of the 3rd: A BILL to amend an Act implementing the constitutional amendment creating the Catoosa County Development Authority, so as to change the manner of selecting members of the authority; and for other purposes. HB 1038. By: Representatives Hill of the 83rd and Evans of the 84th: A BILL to amend an Act creating a board of commissioners for Columbia County, so as to change provisions relating to compensation of members of the board; and for other purposes. HB 1039. By: Representatives Byrd of the 153rd and Moody of the 153rd: A BILL to amend an Act providing for the election of members of the Board of Education of Jeff Davis County, so as to provide for the districts from which members of the board of education shall be elected and to change the provisions relative to the election of such members; and for other purposes. HB 1040. By: Representatives Byrd of the 153rd and Moody of the 153rd: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation, powers, WEDNESDAY, MARCH 6, 1985 2059 authority, funds, purposes, and procedures of the Lyons Development Authority; and for other purposes. HB 1044. By: Representatives Dover of the llth, Jamieson of the llth, and McDonald of the 12th: A BILL to amend an Act consolidating the offices of tax receiver and tax collector of Banks County into the office of tax commissioner of Banks County, so as to change the compensation of the tax commissioner; and for other purposes. HB 1045. By: Representative Edwards of the 112th: A BILL to amend an Act providing for the board of commissioners of Taylor County, so as to provide for reapportionment of commissioner districts; and for other purposes. HB 1048. By: Representative Smith of the 78th: A BILL to amend an Act creating a board of commissioners for Lamar County, so as to provide for a chairman and four other members of the board of commissioners; and for other purposes. HB 1049. By: Representatives Twiggs of the 4th and Colwell of the 4th: A BILL to amend an Act consolidating the offices of tax receiver and tax collector of Gilmer County into the office of the tax commissioner of Gilmer County, so as to change the compensation and commissions of said tax commissioner; and for other purposes. HB 1050. By: Representatives Wilson of the 20th, Burruss of the 20th, Cooper of the 20th, Lawler of the 20th, Atkins of the 21st, and others: A BILL to amend an Act creating the Downtown Marietta Development Authority, so as to enlarge the Downtown Marietta District; and for other purposes. HB 1053. By: Representative Adams of the 36th: A BILL to amend the charter of the City of College Park, Georgia, so as to increase the amount of the homestead exemption from city ad valorem taxation to resident homeowners in the city; and for other purposes. HB 1054. By: Representatives Jackson of the 9th, Lawson of the 9th, and Wood of the 9th: A BILL to amend an Act creating the office of tax commissioner of Dawson County, so as to change the compensation of the tax commissioner; and for other purposes. HB 1055. By: Representatives Wood of the 9th, Jackson of the 9th, and Lawson of the 9th: A BILL to amend an Act placing the clerk of the Superior Court of Dawson County and the judge of the Probate Court of Dawson County upon an annual salary, so as to change the compensation of said clerk and judge; and for other purposes. HB 1056. By: Representative Cox of the 141st: A BILL to amend an Act creating the office of tax commissioner of Seminole County, so as to change provisions relating to the compensation of the tax commissioner; and for other purposes. HB 1057. By: Representative Cox of the 141st: A BILL to amend an Act providing for the compensation of the judge of probate court of Seminole County, so as to change provisions relating to the compensation of the judge of probate court; and for other purposes. 2060 JOURNAL OF THE HOUSE, HB 1058. By: Representative Cox of the 141st: A BILL to amend an Act providing for the compensation of the clerk of superior court of Seminole County, so as to change provisions relating to the compensation of the clerk of superior court; and for other purposes. HB 1059. By: Representative Cox of the 141st: A BILL to amend an Act providing for the compensation of the sheriff of Seminole County, so as to change provisions relating to the compensation of the sheriff; and for other purposes. HB 1061. By: Representatives Dover of the llth, Jamieson of the llth, and McDonald of the 12th: A BILL to amend an Act creating the Banks County board of commissioners, so as to change the compensation of the chairman and other members of the board of commissioners; and for other purposes. HB 1062. By: Representatives Bailey of the 72nd, Johnson of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, and Lee of the 72nd: A BILL to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit; and for other purposes. HB 1063. By: Representatives Bailey of the 72nd, Johnson of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, and Lee of the 72nd: A BILL to provide that the magistrates of the Magistrate Court of Clayton County shall post bond or surety with the governing authority of Clayton County conditioned upon the faithful discharge of their duties as magistrates; and for other purposes. HB 1067. By: Representatives Porter of the 119th and Coleman of the 118th: A BILL to amend an Act consolidating the office of tax receiver and tax collector of Laurens County into the office of tax commissioner of Laurens County, so as to change the compensation of the tax commissioner; and for other purposes. HB 1069. By: Representatives Byrd of the 153rd and Moody of the 153rd: A BILL to amend an Act providing a new charter for the City of Hazlehurst, so as to establish and define wards within the City of Hazlehurst for the purpose of electing members of the board of commissioners; and for other purposes. HB 1070. By: Representatives Sherrod of the 143rd, Long of the 142nd, and Royal of the 144th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation and powers and administration of the Thomasville Payroll Development Authority; and for other purposes. HB 1071. By: Representatives Sherrod of the 143rd, Long of the 142nd, and Royal of the 144th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the selection and service of the board of education and the school superintendent of Thomas County; and for other purposes. HB 1075. By: Representatives Ware of the 77th, Shepard of the 71st, Mostiler of the 75th, and Bray of the 91st: A BILL to provide a new charter for the City of Grantville; to provide for the corporate limits of said city; and for other purposes. WEDNESDAY, MARCH 6, 1985 2061 HB 1076. By: Representatives Dover of the llth and Jamieson of the llth: A BILL to amend an Act creating a new charter for the City of Clarkesville in the County of Habersham, so as to change the date of election of certain officials; and for other purposes. HB 1077. By: Representatives Dover of the llth and Jamieson of the llth: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the election of members of the Board of Education of White County; and for other purposes. HB 1078. By: Representatives Dover of the llth and Jamieson of the llth: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating a body corporate and politic to be known as the "White County Industrial Building Authority"; and for other purposes. HB 1080. By: Representative Bray of the 91st: A BILL to create a new charter for the Town of Moreland; and for other purposes. HB 1082. By: Representative Ross of the 82nd: 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 1083. By: Representative Heard of the 43rd: A BILL to amend an Act creating a new charter for and reincorporating the Town of Tyrone, so as to provide for the town council composed of the mayor and councilmen; and for other purposes. HB 876. By: Representative Reaves of the 147th: A BILL to amend an Act amending, revising, superseding, and consolidating the laws creating and governing the Board of Commissioners of Echols County, so as to change the compensation of members of the Board of Commissioners of Echols County; and for other purposes. HB 912. By: Representative Selman of the 32nd: A BILL to amend an Act providing a new charter for the City of Union City, so as to provide for the appointment of an associate judge of the municipal court; and for other purposes. HB 933. By: Representative Ross of the 82nd: A BILL to amend an Act creating the board of commissioners of Lincoln County, so as to change the compensation of the chairman of the board of commissioners of Lincoln County; and for other purposes. HB 935. By: Representatives Bostick of the 138th and Carter of the 146th: A BILL to amend an Act creating a board of commissioners for Tift County, so as to provide for a bid system for purchases and contracts by the county; and for other purposes. HB 944. By: Representatives Colwell of the 4th and Twiggs of the 4th: A BILL to amend an Act incorporating the Town of Morganton, so as to change the terms of office of the mayor and councilmen; and for other purposes. 2062 JOURNAL OF THE HOUSE, HB 947. By: Representatives Mostiler of the 75th and Johnson of the 76th: A BILL to amend an Act consolidating the offices of tax receiver and tax collector of Spalding County, so as to change the compensation of the tax commissioner of Spalding County; and for other purposes. HB 948. By: Representative Smith of the 78th: A BILL to amend an Act creating the board of commissioners of Butts County, so as to provide for a fivemember board of commissioners; and for other purposes. HB 950. By: Representative Lord of the 107th: A BILL to amend an Act placing the tax commissioner of Washington County upon an annual salary, so as to change the compensation of the tax commissioner; and for other purposes. HB 951. By: Representatives Lord of the 107th and Parrish of the 109th: A BILL to amend an Act placing the judge of the Probate Court of Johnson County on a salary system, so as to provide for clerical assistance for that judge; and for other purposes. HB 952. By: Representative Lord of the 107th: A BILL to amend an Act providing a new charter for the City of Tennille, so as to provide for city elections; and for other purposes. HB 954. By: Representative Lord of the 107th: A BILL to amend an Act incorporating the Town of Kite in the County of Johnson, so as to change the number of councilmen; and for other purposes. HB 958. By: Representatives Kilgore of the 42nd, Watts of the 41st, and Lee of the 70th: A BILL to amend an Act creating a new charter for the City of Douglasville, so as to change the provisions relating to the election of the mayor and councilmen; and for other purposes. HB 964. By: Representatives Thomas of the 69th, Lee of the 70th, and Shepard of the 71st: A BILL to provide for a special election to determine whether the members of the board of education of the Carroll County school district shall be elected rather than appointed; and for other purposes. HB 970. By: Representative Crosby of the 150th: A BILL to provide for reapportionment of the board of education of Clinch County; and for other purposes. HB 973. By: Representative Barnett of the 10th: A BILL to amend an Act creating the Etowah-Forsyth Water Authority, so as to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain sewage systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities; and for other purposes. HB 974. By: Representative Barnett of the 10th: A BILL to provide for the compensation of the chairman and members of the board of education of Forsyth County; and for other purposes. HB 978. By: Representatives Smith of the 16th, McKelvey of the 15th, and Childers of the 15th: A BILL to amend an Act known as the "Floyd County Merit System Act," so as to provide for additional exemptions from coverage under the merit system; and for other purposes. WEDNESDAY, MARCH 6, 1985 2063 HB 979. By: Representatives Smith of the 16th, McKelvey of the 15th, and Childers of the 15th: A BILL to provide for investigators for the office of the district attorney of the Rome Judicial Circuit; and for other purposes. HB 980. By: Representatives Smith of the 16th, Childers of the 15th, and McKelvey of the 15th: A BILL to amend an Act providing for the method of filling vacancies in the membership of the Hospital Authority of Floyd County, so as to change the method of filling such vacancies; and for other purposes. HB 981. By: Representative Ross of the 82nd: A BILL to amend an Act providing for a board of commissioners of Warren County, so as to change the provisions relating to the compensation and expense allowance of the chairman of the board of commissioners; and for other purposes. HB 984. By: Representatives Mostiler of the 75th and Johnson of the 76th: A BILL to amend an Act creating a board of commissioners of Spalding County, so as to implement the results of the "straw ballot" election held in Spalding County, wherein a majority of those voting expressed their desire to increase the membership of the board of commissioners of said county from three to five members; and for other purposes. HB 985. By: Representatives Mostiler of the 75th and Johnson of the 76th: A BILL to provide for the salary and compensation of the chief magistrate of the Magistrate Court of Spalding County; and for other purposes. HB 986. By: Representatives Dobbs of the 74th and Stancil of the 66th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Newton County Industrial Development Authority; and for other purposes. HB 987. By: Representative Smith of the 78th: A BILL to amend an Act providing for the Magistrate Court of Lamar County, so as to provide for the collection of additional costs as law library fees; and for other purposes. HB 988. By: Representative Smith of the 78th: A BILL to amend an Act providing for the Magistrate Court of Butts County, so as to provide for the collection of additional costs as law library fees; and for other purposes. HB 993. By: Representatives Dunn of the 73rd and Smith of the 78th: A BILL to provide for the election of the members of the Board of Education of Henry County from districts; to provide for residence requirements; and for other purposes. HB 994. By: Representatives Dunn of the 73rd and Smith of the 78th: A BILL to provide for the creation of one or more community improvement districts in Henry County and in each municipality therein; and for other purposes. HB 996. By: Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st, and Ware of the 77th: A BILL to amend an Act providing for the composition of the Board of Education of Coweta County and for the election and terms of office of the members thereof, so as to make technical corrections in and to clarify certain provisions of said Act; and for other purposes. HB 1003. By: Representatives Milford of the 13th and Clark of the 13th: A BILL to continue in force and effect as a part of the Constitution of the State of 2064 JOURNAL OF THE HOUSE, Georgia that constitutional amendment which relates to the creation, powers, authority, funds, purposes, and procedures of the Hart County Industrial Building Authority; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolutions of the House: HR 79. By: Representatives Dobbs of the 74th, Jackson of the 65th, Lane of the lllth, and others: A RESOLUTION requesting the Department of Transportation to establish guidelines and rules and regulations for the development and implementation of a system for marking the location of fire hydrants by the placement of blue reflective markings on state and county roads; and for other purposes. HR 101. By: Representatives McKelvey of the 15th, Childers of the 15th, and Smith of the 16th: A RESOLUTION designating the Veterans Memorial Highway; and for other purposes. HR 122. By: Representatives Benn of the 38th, Adams of the 36th, Townsend of the 24th, Bolster of the 30th, Couch of the 40th, and others: A RESOLUTION creating the Atlanta Charter Review Study Committee; and for other purposes. HR 171. By: Representatives Walker of the 115th, Groover of the 99th, and Murphy of the 18th: A RESOLUTION creating a Commission on Governmental Liability so as to provide for its composition; to provide for the powers and duties of the commission; and for other purposes. HR 174. By: Representatives Barnett of the 10th, Lawson of the 9th, Jackson of the 9th, Wood of the 9th, Martin of the 60th, and others: A RESOLUTION designating the Six Mile Creek Bridge on State Highway 369 over Lake Lanier as the Richard B. Neville Memorial Bridge; and for other purposes. HR 202. By: Representatives Dover of the llth, Murphy of the 18th, Wood of the 9th, Williams of the 6th, Childs of the 53rd, and others: A RESOLUTION commending John Ross and authorizing the placing of his portrait in the state capitol building; and for other purposes. HR 203. By: Representatives Dover of the llth, Childs of the 53rd, Murphy of the 18th, Wood of the 9th, Williams of the 6th, and others: A RESOLUTION commending George Guess and authorizing the placing of his portrait in the state capitol building; and for other purposes. HR 219. By: Representative Carter of the 146th: A RESOLUTION authorizing the release of certain reverters in Fee Simple Deeds Without Warranty which conveyed certain real property to Berrien County and the School Board of Berrien County; and for other purposes. HR 235. By: Representatives Lane of the lllth and Godbee of the 110th: A RESOLUTION commending the Doctors Floyd of Bulloch County and designating the Doctors Floyd Bridge; and for other purposes. HR 275. By: Representatives Pannell of the 122nd, Kingston of the 125th, and Triplett of the 128th: A RESOLUTION authorizing the conveyance of certain real property located in Chatham County, Georgia, to Rita N. Shinall; and for other purposes. WEDNESDAY, MARCH 6, 1985 2065 HR 276. By: Representatives Pinkston of the 100th, Walker of the 115th, and Bolster of the 30th: A RESOLUTION relative to extension of federal solar energy tax credits; and for other purposes. HR 281. By: Representatives Holmes of the 28th, McKinney of the 35th, and Alien of the 127th: A RESOLUTION condemning the Iranian persecution of members of the Bahai religious faith; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the House: HB 8. By: Representative Richardson of the 52nd: A BILL to amend Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to treatment of alcoholics and intoxicated persons, so as to delay the effective date of certain articles in that chapter; and for other purposes. HB 119. By: Representatives Richardson of the 52nd, Galer of the 97th, Aaron of the 56th, Johnson of the 123rd, Steinberg of the 46th, and others: A BILL to amend Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions regarding descent and distribution, so as to change the amount to which certain spouses, children, or their descendants are entitled in cases of intestacy and to provide for renunciation thereof; and for other purposes. HB 165. By: Representative Johnson of the 72nd: A BILL to amend Code Section 47-16-21 of the Official Code of Georgia Annotated, relating to membership of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia, so as to clarify the provisions relative to the state official who serves as a member of the board; and for other purposes. HB 191. By: Representatives Cox of the 141st, Greene of the 130th, Long of the 142nd, Anderson of the 8th, Sherrod of the 143rd, and others: A BILL to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens on property, so as to provide that registered foresters shall have a special lien on real estate for which they furnish services; to define certain terms; and for other purposes. HB 485. By: Representative Colwell of the 4th: A BILL to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to permit the formulation of a sound program for the consolidated processing of unemployment compensation claims against state agencies and the payment of sums due to the Department of Labor; and for other purposes. HB 486. By: Representatives Crosby of the 150th, Moore of the 139th, Dixon of the 151st, Byrd of the 153rd, and Smith of the 152nd: A BILL to provide that the governing authority of each county comprising the Waycross Judicial Circuit may supplement the compensation, salary, expenses, and allowances of each of the judges of the superior courts of the Waycross Judicial Circuit; and for other purposes. HB 494. By: Representative Porter of the 119th: A BILL to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used car dealers, so as to provide that persons who are licensed as used motor vehicle parts dealers and who make application to be licensed as used car dealers 2066 JOURNAL OF THE HOUSE, shall be exempt from meeting certain qualifications; to prohibit units of local government from regulating or licensing persons as used car dealers unless such persons are approved for licensure by the state; and for other purposes. HB 601. By: Representative Bargeron of the 108th: A BILL to amend Code Section 40-9-32 of the Official Code of Georgia Annotated, relating to determination of amount of security required, hearings, and judicial review with respect to the operation of motor vehicles, so as to change the provisions, relating to recovery of judgments for damages resulting from accidents; and for other purposes. HB 607. By: Representatives Dobbs of the 74th and Stancil of the 66th: A BILL to amend Code Section 36-62-4 of the Official Code of Georgia Annotated, relating to the creation of county or municipal development authorities, so as to revise and correct the population classification of certain provisions; and for other purposes. HB 703. By: Representative Johnson of the 72nd: A BILL to amend Code Section 50-16-34 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Properties Commission, so as to authorize the commission to perform all terms, satisfy all conditions, fulfill all require- ments, discharge all obligations, and otherwise implement certain dispositions of real property; and for other purposes. HB 704. By: Representative Johnson of the 72nd: A BILL to amend Code Section 50-16-122 of the Official Code of Georgia Annotated, relating to requirements for real property acquired or disposed of by the state, so as to provide that the General Assembly may vary or authorize the variance of the require- ments of paragraph (4) of subsection (b) of Code Section 50-16-122 in certain enactments authorizing or directing a disposition of real property; and for other purposes. HB 916. By: Representatives Lane of the lllth, Reaves of the 147th, Oliver of the 121st, Godbee of the 110th, Fairish of the 109th, and Phillips of the 120th: A BILL to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Commissioner of Agriculture and the Department of Agriculture, so as to change the maximum amount of administrative penalties which may be imposed by the Commissioner of Agriculture for viola- tions of the "Georgia Food Act"; and for other purposes. HB 173. By: Representative Evans of the 84th: A BILL to amend Part 11 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to assessment of costs of judicial processes involving financial institutions, so as to provide that financial institutions shall have at least five business days in which to respond to subpoenas, garnishments, or other orders, unless for good cause shown the issuing court shall fix some other period of time; and for other purposes. The Senate has agreed to the House substitutes to the following Bills of the Senate: SB 102. By: Senators Barnes of the 33rd and Hudgins of the 15th: A BILL to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to enact the "Amusement Ride Safety Act"; to define terms; to provide for regulation and licensing of the ownership and operation of amusement rides; to provide for enforcement by the Department WEDNESDAY, MARCH 6, 1985 2067 of Labor; to create the Advisory Board on Amusement Ride Safety to consult with the Department of Labor; and for other purposes. SB 113. By: Senator Kidd of the 25th: A BILL to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefit plans, so as to provide for a flexible employee benefit plan; and for other purposes. SB 115. By: Senators Gillis of the 20th, Barnes of the 33rd, Dean of the 31st, and Trulock of the 10th: A BILL to amend Part 2 of Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to redefine the term "responsible motor vehicle"; and for other purposes. SB 116. By: Senator Kidd of the 25th: A BILL to provide a homestead exemption from Baldwin County ad valorem taxes for school purposes; to provide requirements to be eligible to claim such exemption; and for other purposes. SB 256. By: Senators Ray of the 19th, McGill of the 24th, Perry of the 7th, and others: A BILL to amend Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant diseases, pest control, and pesticides, so as to provide for a program of boll weevil eradication; and for other purposes. SB 257. By: Senator Greene of the 26th: A BILL to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to change the provisions relative to the payment of examination expenses; to change requirements relative to the maintenance of reserves required for accident and sickness insurance policies; to change provisions relative to annual statements by sponsors of prepaid legal services plans; and for other purposes. The Senate has agreed to the House amendment to the Senate amendment to the following Bill of the House: HB 343. By: Representatives Bray of the 91st, Beck of the 148th, Oliver of the 1st, Reaves of the 147th, Oliver of the 121st, and others: A BILL to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change the provisions relating to minimum salaries for judges of the probate courts; to change the provisions relating to compensation of judges of the probate courts; and for other purposes. The Senate recedes from its substitute to the following Bill of the House: HB 362. By: Representatives Smyre of the 92nd, Walker of the 115th, Coleman of the 118th, and Benefield of the 72nd: A BILL to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to change the provisions relating to the payment of a clothing allowance to members of the Uniform Division assigned permanently to personal security or special duty assignments; and for other purposes. The Senate has agreed to the House amendments to the following Bills of the Senate: SB 129. By: Senators Trulock of the 10th, Garner of the 30th, and Allgood of the 22nd: A BILL to amend Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demurrers, motions, and special pleas 2068 JOURNAL OF THE HOUSE, and exceptions with respect to pretrial proceedings, so as to provide for evidence of a defendant's sanity or insanity when a defendant intends to impose the defense of insanity at a trial; to provide for cross-examination of medical witnesses; and for other purposes. SB 220. By: Senators Horton of the 17th and Tysinger of the 41st: A BILL to amend Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to determination of boundaries, so as to change the provisions relating to the coordinate system used in this state; to describe, define, and adopt officially a system of coordinates for designating the geographic position of points on the surface of the earth within the State of Georgia; and for other purposes. SB 232. By: Senators Gillis of the 20th, Ray of the 19th, Huggins of the 53rd, and English of the 21st: A BILL to amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, so as to provide that purchasers of timber shall record certain information relative to timber sales transactions; to provide that such information shall be provided to the seller of such timber; and for other purposes. SB 234. By: Senator Baldwin of the 29th: A BILL to amend Code Section 9-11-17 of the Official Code of Georgia Annotated, relating to parties, plaintiff, and defendant in civil actions, so as to provide for the receipt of the proceeds of any personal action by a next friend to be conditioned upon sufficient bond; to provide for practices and procedures; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House: SR 190. By: Senator Fincher of the 54th: A RESOLUTION expressing support for the resolution of certain issues regarding prisoners of war and missing in action in Southeast Asia; and for other purposes. HR 189. By: Representatives Walker of the 115th, Chambless of the 133rd, and Wood of the 9th: A RESOLUTION recommending and encouraging structured settlements and awards; and for other purposes. HR 312. By: Representatives Lee of the 70th, Thomas of the 69th, and Shepard of the 71st: A RESOLUTION creating the Carroll County Government Authority Study Commission; and for other purposes. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 333. By: Representatives Walker of the 115th, Benefield of the 72nd, Lee of the 72nd, and others: A RESOLUTION welcoming to Georgia the Delegation from the Taiwan Provincial Assembly and inviting them to appear before the House of Representatives on a date and time to be determined by the Speaker of the House of Representatives; and for other purposes. The following Resolution of the House was read and referred to the Committee on Rules: WEDNESDAY, MARCH 6, 1985 2069 HR 364. By: Representative Phillips of the 120th: A RESOLUTION creating the House Study Committee on District Directors of County Departments of Family and Children Services; and for other purposes. The following Resolutions of the House were read and adopted: HR 365. By: Representatives Kilgore of the 42nd, Watts of the 41st, Murphy of the 18th, and Burruss of the 20th: A RESOLUTION commending and congratulating Katrina Black; and for other purposes. HR 366. By: Representatives Richardson of the 52nd and Childs of the 53rd: A RESOLUTION commending Dr. George Peddy Cuttino; and for other purposes. HR 367. By: Representative Johnson of the 76th: A RESOLUTION commending Mr. Lemuel Watkins; and for other purposes. HR 368. By: Representative Oliver of the 121st: A RESOLUTION commending the Wildlife Club of Evans County; and for other purposes. HR 369. By: Representatives Bishop of the 94th and Smyre of the 92nd: A RESOLUTION commending Dr. Gloria Toote; and for other purposes. HR 370. By: Representatives Smith of the 16th and McKelvey of the 15th: A RESOLUTION commending the College Bowl Team of Berry College; and for other purposes. HR 371. By: Representative Dixon of the 151st: A RESOLUTION honoring and commending Kim Deal; and for other purposes. HR 372. By: Representatives Cummings of the 17th and Murphy of the 18th: A RESOLUTION recognizing and commending William S. "Billy" Wilkerson; and for other purposes. HR 373. By: Representatives Greene of the 130th, Long of the 142nd, Milam of the 81st, and others: A RESOLUTION commending the Page Staff of the House of Representatives; and for other purposes. HR 374. By: Representative Lord of the 107th: A RESOLUTION recognizing Mr. Wiley Nixon, Mr. Mike E. Schreiner, Mr. Richard D. Knight, and Mrs. Lanette Garrett; and for other purposes. HR 375. By: Representatives Dunn of the 73rd, Waldrep of the 80th, Smith of the 78th, and others: A RESOLUTION commending the Honorable Edward E. McGarity; and for other purposes. HR 376. By: Representatives Morton of the 47th, Davis of the 45th, Workman of the 51st, and others: A RESOLUTION commending Mr. Jim Cone; and for other purposes. HR 377. By: Representatives Childs of the 53rd, Brown of the 154th, Bolster of the 30th, and others: A RESOLUTION commending restaurants which have established nonsmoking areas; and for other purposes. 2070 JOURNAL OF THE HOUSE, HR 378. By: Representatives Richardson of the 52nd, Childs of the 53rd, Alford of the 57th, and others: A RESOLUTION expressing regrets at the passing of the Honorable Charles L. Smith; and for other purposes. HR 379. By: Representatives Childs of the 53rd, Aaron of the 56th, Bolster of the 30th, and others: A RESOLUTION commending John C. Portman, Jr.; and for other purposes. HR 380. By: Representatives Cummings of the 17th and Murphy of the 18th: A RESOLUTION recognizing and commending Dudley H. "Slick" Hardison; and for other purposes. HR 381. By: Representatives Cummings of the 17th and Murphy of the 18th: A RESOLUTION commending William G. "Bill" Bruner; and for other pur- poses. HR 382. By: Representative Williams of the 6th: A RESOLUTION commending Mr. Jim Arnold; and for other purposes. HR 383. By: Representative Evans of the 84th: A RESOLUTION commending the Thomson High School Bulldogs Football Team; and for other purposes. HR 384. By: Representatives Wood of the 9th, Lawson of the 9th, and Jackson of the 9th: A RESOLUTION commending Dr. Hartwell Joiner; and for other purposes. HR 385. By: Representative Godbee of the 110th: A RESOLUTION commending and expressing gratitude to Lewis Carroll Blankenship; and for other purposes. HR 386. By: Representatives Smith of the 16th and McKelvey of the 15th: A RESOLUTION commending the Berry College Lady Vikings basketball team; and for other purposes. HR 387. By: Representative Redding of the 50th: A RESOLUTION commending Trinity Presbyterian Church; and for other purposes. HR 388. By: Representatives Parrish of the 109th and Parham of the 105th: A RESOLUTION recognizing medicare and Medicaid providers; and for other purposes. HR 389. By: Representatives McDonald of the 12th, Walker of the 115th, Childers of the 15th, and others: A RESOLUTION urging the Congress of the United States to reject the President's Fiscal Year 1986 budget proposal to cap the growth of federal Medicaid expenditures and to distribute funds based on a state's proportional share in 1984; and for other purposes. HR 390. By: Representatives Wood of the 9th, Lawson of the 9th, and Jackson of the 9th: A RESOLUTION commending Mary Emma Stribling; and for other purposes. HR 391. By: Representatives Kilgore of the 42nd, Watts of the 41st, and Burruss of the 20th: A RESOLUTION commending Doug and Shirley Rainwater; and for other purposes. WEDNESDAY, MARCH 6, 1985 2071 HR 392. By: Representative Redding of the 50th: A RESOLUTION commending the Reverend W. J. Stofford; and for other purposes. The following Resolution of the House was read: HR 393. By: Representatives Murphy of the 18th, Triplett of the 128th, Godbee of the 110th, and others: A RESOLUTION urging and requesting the United States Department of Transportation and the Federal Highway Administration to allow the use of certain specified trucks on the interstate system of highways in the State of Georgia until April 1, 1988; and for other purposes. The following substitute, offered by Representative Triplett of the 128th, was read and adopted: A RESOLUTION Urging and requesting the United States Department of Transportation and the Federal Highway Administration to allow the use of certain specified trucks on the interstate system of highways in the State of Georgia until April 1, 1988; and for other purposes. WHEREAS, the Surface Transportation Assistance Act of 1982 was enacted by Congress; and WHEREAS, one of the effects of this Act is to cause severe economic damage to the aggregate motor transportation industry in general, to certain types of motor carriers in particular, and to all other industries the transportation industry serves; and WHEREAS, in response to this federal legislation and subsequent rulings and interpretations by the appropriate federal departments, the Georgia General Assembly extensively revised in 1983 and in 1984 its state laws dealing with load limitations; and WHEREAS, pursuant to these new federal and state laws and agreements between the federal government and the State of Georgia, on the national highway system the maximum overall gross weight authorized to be carried on a group of two or more axles is determined by applying the federal bridge formula; however, notwithstanding the federal bridge formula, certain vehicles registered in the State of Georgia prior to April 1, 1983, are authorized, until April 1, 1988, to carry 40,680 pounds on a tandem axle; and WHEREAS, because of the shorter distance between the first and last axle, a dump truck which must be loaded to comply with the federal bridge formula is limited to substantially less than 40,680 pounds on its tandem axle; and WHEREAS, a dump truck which was registered in the State of Georgia after April 1, 1983, must operate under a tandem axle limitation which is substantially less than the tandem axle limitation applicable to dump trucks registered prior to that date and this limitation severely handicaps certain tandem and tri-axle dump trucks and places those operators who wish to expand their fleets or to enter the industry at a competitive disadvantage with other portions of the industry; and WHEREAS, the decision to allow the higher tandem axle weight limitation until April 1, 1988, is artificially limited by restricting it to only those vehicles which were registered prior to April 1, 1983; and WHEREAS, certain type loads can only be safely and economically transported by tandem and tri-axle dump trucks and this restriction prohibits modernization and expansion of existing fleets through the purchase of newer and safer equipment; and WHEREAS, this restriction also has the effect of limiting the ability of a portion of the dump truck transportation industry to compete with those whose trucks were registered prior to April 1, 1983, with this restriction leading to artificially inflated rates. 2072 JOURNAL OF THE HOUSE, NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does urge and request the United States Department of Transportation and the Federal Highway Administration to allow until April 1, 1988, all dump trucks to use the tandem axle load limitation of 40,680 pounds notwithstanding the federal bridge formula, regardless of when those vehicles were registered in the State of Georgia. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to forward an appropriate copy of this resolution to the Secretary of the United States Department of Transportation, the Director of the Federal Highway Administration, each member of Congress who represents the State of Georgia, and the Commissioner of the Georgia Department of Transportation. The Resolution, by substitute, was adopted. The following Resolutions of the House were read and adopted: HR 394. By: Representative Adams of the 36th: A RESOLUTION urging the Georgia delegation of the United States Congress to support continuation of the general revenue-sharing program; and for other purposes. HR 395. By: Representative Stancil of the 66th: A RESOLUTION commending the Marshall Cisero Nunn family; and for other purposes. The following Resolution of the Senate was read and adopted: SR 190. By: Senator Fincher of the 54th: A RESOLUTION expressing support for the resolution of certain issues regarding prisoners of war and missing in action in Southeast Asia; and for other purposes. The following Bills and Resolution of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto: HB 2. By: Representatives Richardson of the 52nd and Martin of the 60th: A BILL to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special fire and safety hazards, so as to include among such buildings personal care homes and to provide for standards therefor; and for other purposes. The following Senate amendments were read: Senate Amendment No. 1. Amend HB 2 by striking from Section 1 on line 1 of page 2 the word "shall" and inserting in lieu thereof the word "may". By adding in Section 1 on line 3 of page 2, immediately following the word "commissioner" and preceding the ".", the following: "if he deems this necessary for proper fire safety". Senate Amendment No. 2 Amend HB 2 by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: WEDNESDAY, MARCH 6, 1985 2073 "Section 2. This Act shall become effective on April 15, 1986." Representative Richardson of the 52nd moved that the House agree to the Senate amendments to HB 2. On the motion, the ayes were 101, nays 0. The motion prevailed. HB 625. By: Representatives Copelan of the 106th, Greene of the 130th, Jamieson of the llth, Godbee of the 110th, Parrish of the 109th, and others: A BILL to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide for legislative intent; to provide the effective date of Acts affecting the compensation of certain county officers; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide for legislative intent; to provide the effective date of general Acts affecting the compensation of certain county officers; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, is amended by adding at the end of Code Section 1-3-4, relating to the effective dates of legislative Acts, a new subsection (c) to read as follows: "(c) Subsection (a) of this Code section shall not apply to those general legislative Acts provided for in Code Section 1-3-4.1." Section 2. Said chapter is further amended by adding immediately following Code Section 1-3-4, relating to the effective date of legislative Acts, a new Code Section 1-3-4.1 to read as follows: "1-3-4.1. (a) It is the intent and purpose of this Code section to recognize that an effective budget process is essential to the proper functioning of county governments in Georgia and, furthermore, to recognize that state mandated expenses should not disrupt that process by requiring additional expenses in the middle of a budget year. (b) No general Act providing for an increase in compensation to one or more of the county officers listed in Article IX, Section I, Paragraph III of the Constitution of Georgia shall be effective until the first day of January following passage of the Act granting the increase in compensation." Section 3. This Act shall apply to general Acts affecting the compensation of the county officers listed in Article IX, Section I, Paragraph III of the Constitution of Georgia which are enacted after January 1, 1986. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Copelan of the 106th moved that the House agree to the Senate substitute to HB 625. On the motion, the ayes were 106, nays 1. The motion prevailed. HB 346. By: Representatives Thomas of the 69th, Lee of the 70th, Childs of the 53rd, Richardson of the 52nd, Watts of the 41st, and Wilson of the 20th: A 2074 JOURNAL OF THE HOUSE, BILL to amend Chapter 34 of Title 33 of the Official Code of Georgia Anno- tated, relating to motor vehicle insurance, so as to provide that no motor vehicle insurance policy which provides coverage for the spouse of the named insured may contain a provision for termination of such coverage as a result of a break in the marital relationship other than divorce or death; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle insurance, so as to provide that a private lines insurance policy covering a private passenger motor vehicle shall contain, or be deemed to contain, a provision that, in the event of the death of the named insured or termination of such insured's marital relationship, the spouse of such insured shall continue to be covered for 90 days or until the policy term expires, whichever is shorter; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle insurance, is amended by adding a new Code Section 33-34-15 to read as follows: "33-34-15. Upon the death of or termination of the marital relationship of a named insured under a personal lines policy of insurance covering a private passenger motor vehicle, a spouse of said named insured who was covered under said policy of insurance immediately prior to the death or termination of the marital relationship shall upon notice to the insurer or agent of the insurer continue to be covered under said policy for a period of 90 days following such death or termination of marital relationship or until the expiration of the policy term, whichever is shorter. Every personal lines policy of insurance covering a private passenger motor vehicle shall contain a provision providing the coverage required by this Code section; and in the absence of such a provision in such a policy the policy shall be deemed to contain such a provision." Section 2. This Act shall become effective January 1, 1986, and shall apply to all motor vehicle insurance policies issued or renewed on or after that date. Section 3. All laws and parts of laws in conflict with this Act are repealed. Representative Thomas of the 69th moved that the House agree to the Senate substitute to HB 346. On the motion, the ayes were 92, nays 0. The motion prevailed. HB 919. By: Representatives Connell of the 87th, Wilson of the 20th, Murphy of the 18th, Lee of the 72nd, Buck of the 95th, and others: A BILL to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Anno- tated, relating to the University System of Georgia, so as to create the Georgia Eminent Scholars Endowment Trust Fund; and for other purposes. The following Senate amendment was read: Amend HB 919 by striking line 22 of page 2 through line 1 of page 3 and inserting in lieu thereof the following: WEDNESDAY, MARCH 6, 1985 2075 "the units of the University System of Georgia. The trustees of the Georgia Eminent Scholars Endowment Trust Fund shall adopt rules, regulations, and standards relative to the award of challenge grants under this Code section. Such rules, regulations, and standards shall include formulas for the awarding of such grants, provided that such formulas shall require foundations to contribute as much as possible but not less than 50 percent and not more than 75 percent of the total amount deemed necessary by the trustees to endow a chair. Such formulas may be revised at any time by the board of trustees so as to maximize the benefits which may result from endowing one or more chairs in any fiscal year and depending on the total funds available to the Georgia Eminent Scholars Endowment Trust Fund. No funds shall be granted to a". Representative Connell of the 87th moved that the House agree to the Senate amendment to HB 919. On the motion, the ayes were 103, nays 0. The motion prevailed. HR 106. By: Representative McDonald of the 12th: A RESOLUTION creating the Joint Study Committee on Superior Court Judgeships; and for other purposes. The following Senate amendment was read: Amend HR 106 by striking from line 21 of page 1 the following: "The chairman", and inserting in lieu thereof the following: "A co-chairman". By striking from line 23 of page 1 the following: "the vice-chairman", and inserting in lieu thereof the following: "a co-chairman". Representative McDonald of the 12th moved that the House agree to the Senate amendment to HR 106. On the motion, the ayes were 105, nays 0. The motion prevailed. HB 252. By: Representatives Steinberg of the 46th, Johnson of the 72nd, Clark of the 13th, and Lawler of the 20th: A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide that service in the General Assembly by members holding office on a certain date may be counted as creditable service only for the purposes of the Georgia Legislative Retirement System; and for other purposes. The following Senate amendment was read: Amend HB 252 by inserting in line 12 on page 1 between the word and semicolon "System;" and the word "to" the following: 2076 JOURNAL OF THE HOUSE, "to authorize withdrawal of membership from the Georgia Legislative Retirement System;". By redesignating subsection (e) where the same appears in lines 24 through 35 on page 4 as subsection (f) and by adding between lines 23 and 24 on page 4 a new subsection (e) to read as follows: "(e) Notwithstanding any provisions of Chapter 6 of this title or any other law, any member of the General Assembly may withdraw from membership in the Georgia Legislative Retirement System and receive a refund of contributions to such system under Code Section 47-6-85. Any member exercising the option provided by this subsection may not at any time thereafter reestablish membership in the Georgia Legislative Retirement System or become a member of any public retirement or pension system while serving as a member of the General Assembly." Representative Steinberg of the 46th moved that the House agree to the Senate amendment to HB 252. On the motion, the ayes were 110, nays 0. The motion prevailed. Representative Padgett of the 86th wished to be recorded as voting "aye" on the preceding vote. 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 592. By: Representatives Porter of the 119th, Parrish of the 109th, Birdsong of the 104th, Coleman of the 118th, and Lord of the 107th: A BILL to provide for the payment of supplements to the salaries of the judges of the superior courts of the Dublin Judicial Circuit by the counties comprising such circuit; and for other purposes. Representative Porter of the 119th moved that the House recede from its position in disagreeing to the Senate amendment to HB 592. On the motion, the ayes were 96, nays 0. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 51. By: Representatives Bolster of the 30th, Adams of the 36th, Barnett of the 10th, Crosby of the 150th, Alford of the 57th, and Thomas of the 69th: A BILL to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide procedures for the exercise of the zoning power by counties and municipalities; and for other purposes. The following Senate substitute was read: A BILL To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide procedures for the exercise of the zoning power by counties and WEDNESDAY, MARCH 6, 1985 2077 municipalities; to provide for a short title; to provide for a statement of intention and purpose; to authorize supplemental authority for local governments; to provide for definitions; to provide for certain notices and hearings; to provide for the adoption of certain policies and procedures by local governments; 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 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding immediately following Chapter 65 a new Chapter 66 to read as follows: "CHAPTER 66 36-66-1. This chapter shall be known and may be cited as 'The Zoning Procedures Law.' 36-66-2. (a) While recognizing and confirming the authority of local governments to exercise zoning power within their respective territorial boundaries, it is the intention of this chapter to establish as state policy minimum procedures governing the exercise of that power. The purpose of these minimum procedures is to assure that due process is afforded to the general public when local governments regulate the uses of property through the exercise of the zoning power. Nothing in this chapter shall be construed to invalidate any zoning decision made by a local government prior to January 1, 1986, or to require a local government to exercise its zoning power. (b) Consistent with the minimum procedures required by this chapter, local governments may: (1) Provide by ordinance or resolution for such administrative officers, bodies, or agencies as may be expedient for the efficient exercise of their zoning powers; and (2) Provide by ordinance or resolution for procedures and requirements in addition to or supplemental to those required by this chapter. 36-66-3. As used in this chapter, the term: (1) 'Local government' means any county or municipality which exercises zoning power within its territorial boundaries. (2) 'Territorial boundaries' means, in the case of counties, the unincorporated areas thereof and, in the case of municipalities, the area lying within the corporate limits thereof. (3) 'Zoning decision' means final action by a local government which results with: (A) The adoption of a zoning ordinance; (B) The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance; or (C) The adoption of an amendment to a zoning ordinance which rezones prop- erty from one zoning classification to another. (4) 'Zoning ordinance' means an ordinance or resolution of a local government establishing procedures and zones or districts within its respective territorial boundaries which regulate the uses and development standards of property within such zones or districts. The term also includes the zoning map adopted in conjunction with a zoning ordinance which shows the zones and districts and zoning classifications of property therein. (5) 'Zoning' means the power of local governments to provide within their respective territorial boundaries for the zoning or districting of property for various uses and the prohibition of other or different uses within such zones or districts and for the regulation of development and the improvement of real estate within such zones or districts in accordance with the uses of property for which such zones or districts were established. 36-66-4. (a) A local government taking action resulting in a zoning decision shall provide for a hearing on the proposed action. At least 15 but not more than 45 days prior to the date of the hearing, the local government shall cause to be published within a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing. The notice shall state the time, place, and purpose of the hearing. 2078 JOURNAL OF THE HOUSE, (b) If a zoning decision of a local government is for the rezoning of property and the rezoning is initiated by a party other than the local government then: (1) The notice, in addition to the requirements of subsection (a) of this Code section, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property; and (2) A sign containing information required by local ordinance or resolution shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the hearing. (c) If the zoning decision of a local government is for the rezoning of property and the amendment to the zoning ordinance to accomplish the rezoning is defeated by the local government, then the same property may not again be considered for rezoning until the expiration of at least six months immediately following the defeat of the rezoning by the local government. 36-66-5. (a) Local governments shall adopt policies and procedures which govern calling and conducting hearings required by Code Section 36-66-4, and printed copies of such policies and procedures shall be available for distribution to the general public. (b) In addition to policies and procedures required by subsection (a) of this Code section, each local government shall adopt standards governing the exercise of the zoning power, and such standards may include any factors which the local government finds relevant in balancing the interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of property. Such standards shall be printed and copies thereof shall be available for distribution to the general public. (c) Prior to the adoption of policies and procedures pursuant to subsection (a) of this Code section and the adoption of standards pursuant to subsection (b) of this Code section, a local government shall conduct a public hearing on the proposed action. The provisions of subsection (a) of Code Section 36-66-4 relating to notices of public hearings for the purposes of that subsection shall also apply to public hearings required by this subsection." Section 2. This Act shall become effective on January 1, 1986. Section 3. All laws and parts of laws in conflict with this Act are repealed. Representative Bolster of the 30th moved that the House agree to the Senate substitute to HB 51. On the motion, the ayes were 95, nays 1. The motion prevailed. The following Resolution of the Senate was taken up for the purpose of considering the Senate substitute to the House substitute thereto: SR 94. By: Senator Scott of the 2nd: A RESOLUTION creating the Joint Public Utility Rate-making Process Study Committee; and for other purposes. The following Senate substitute was read: A RESOLUTION Creating the Joint Public Utility Rate-making Process Study Committee; and for other purposes. WHEREAS, Senate Resolution 328 created the Joint Public Utility Rate-making Process Study Committee which, in the 1984 interim, investigated a number of important issues concerning utility rates, rate making, and services; and WEDNESDAY, MARCH 6, 1985 2079 WHEREAS, the committee was unable in the time provided to delve into issues concerning the Public Service Commission's regulation of trucking and other motor and common carriers and the natural gas industry; and WHEREAS, the committee needs to explore further telephone issues such as a statewide 911 emergency telephone system; and WHEREAS, the committee also should be given the power to monitor ongoing studies involving the Plant Vogtle nuclear plant in order to be able to address adequately important state concerns regarding the prudency of that investment and the "rate-shock" which will occur when the costs of that plant are included in the rate base of the plant owners; and WHEREAS, the committee has been somewhat hampered in obtaining testimony of experts regarding several issues which are important to the people of this state by being unable to pay these experts for their expenses and fees in so testifying. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Public Utility Rate-making Process Study Committee to be composed of six members of the Senate to be appointed by the President of the Senate and six members of the House Committee on Industry to be appointed by the Speaker of the House of Representatives. The chairman of the committee shall be elected by the members of the committee at the committee's first meeting. BE IT FURTHER RESOLVED that the committee shall undertake a study of the issues mentioned above as well as any other issues involving public utilities and their regulation in this state. 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 chairman of the committee is authorized to invite experts to testify before the committee and, if necessary and approved by the President of the Senate and the Speaker of the House of Representatives, pay their actual travel costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile, an expense allowance in the sum of $59.00 per day, and any fee charged by such witness, which fee does not exceed $100.00 per day. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the legislative branch of government. The committee shall make a report of its findings and recommendations, with any suggestions for proposed legislation, no later than December 31, 1985, at which time the committee shall stand abolished. Representative Lee of the 72nd moved that the House agree to the Senate substitute to the House substitute to SR 94. On the motion, the ayes were 104, 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 following Bill of the House: HB 1081. By: Representative Ross of the 82nd: A BILL to amend an Act placing the clerk of the superior court in Warren County on an annual salary, so as to provide for the compensation of the deputy clerk; and for other purposes. 2080 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 650. By: Representatives Reaves of the 147th, Long of the 142nd, Sherrod of the 143rd, Royal of the 144th, Godbee of the 110th, and Balkcom of the 140th: A BILL to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide additional provisions for the control and eradi- cation of brucellosis in cattle; to provide for definitions; to prohibit any person from transporting or causing to be transported into the State of Georgia any cattle unless certain conditions are met; and for other purposes. The following Senate amendment was read: Amend HB 650 by inserting on Page 2, line 6, after the word "steers", the word "heifers", so that when so amended the sentence shall read as follows: "(1) 'Cattle' or 'cow' means bovine animals, such as cows, bulls, steers, heifers and bison." Representative Reaves of the 147th moved that the House agree to the Senate amendment to HB 650. On the motion, the ayes were 110, nays 1. The motion prevailed. HB 907. By: Representatives Oliver of the 1st, Robinson of the 96th, and Davis of the 45th: A BILL to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy generally, so as to provide that a petition to legitimate a child may be filed in the father's county of residence, the child's county of residence, or, if an adoption of the child is pending, in the county in which the adoption petition is filed; and for other purposes. The following Senate substitute was read: A BILL To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change certain provisions relative to revision of a judgment for permanent alimony; to change the period of time relative to pendency of an action for revision; to provide that a petition to legitimate a child may be filed in the father's county of residence, the child's county of residence, or, if an adoption of the child is pending, in the county in which the adoption petition is filed; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking in its entirety subsection (c) of Code Section 19-6-19, relating to revision of a judgment for permanent alimony or child support, and inserting in lieu thereof a new subsection (c) to read as follows: "(c) When an action for revision of a judgment for permanent alimony under this ef the petition or action for modification, the court in its discretion may allow, upon motion, the temporary modification of such a judgment, pending the final trial on the petition. In considering an application for temporary modification under this subsection, WEDNESDAY, MARCH 6, 1985 2081 the court shall consider evidence of any changed circumstances of the parties and the reasonable probability of the petitioner obtaining revision upon final trial. The order granting temporary modification shall be subject to revision by the court at any time before final trial." Section 2. Said title is further amended by striking in its entirety Code Section 19-7-22, relating to petitions for legitimation of children, and inserting in lieu thereof a new Code Section 19-7-22 to read as follows: "19-7-22. A father of an illegitimate child may render the same legitimate by petitioning the superior court of the county of his residencej the county of residence of the child, OTj if a petition for the adoption of the child is pending, the county in which the adoption petition is filed for legitimation of the child. The petition shall set forth the name, age, and sex of the child, the name of the mother, and, if the father desires the name of the child to be changed, the new name. If the mother is alive, she shall have notice of the petition for legitimation. Upon the presentation and filing of the petition, the court may pass an order declaring the child to be legitimate and to be capable of inheriting from the father in the same manner as if born in lawful wedlock and specifying the name by which he shall be known." Section 3. All laws and parts of laws in conflict with this Act are repealed. Representative Oliver of the 1st moved that the House disagree to the Senate substitute to HB 907. The motion prevailed. HB 506. By: Representative Watson of the 114th: A BILL to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped persons, so as to change the definition of certain terms; and for other purposes. The following Senate amendments were read: Senate Amendment No. 1 Amend HB 506 by striking from Section 4, subsections (b) and (c) beginning on line 11 of page 5, which read as follows: "(b) The board of regents shall be responsible for the administration and enforcement of this chapter with respect to all properties under its jurisdiction. No construction plans shall be approved by the board of regents for any construction within the University System of Georgia unless the architect or engineer responsible for preparation of said plans and specifications certifies on such plans that to the best of his knowledge, information, and belief they have been prepared in conformity with ANSI specifications A117.1-1080 Code Sections 30-3-3 and 30-3-4. The certificate of compliance must be displayed on said plans immediately below the architect's seal. The builder, developer, or building owner following said plans shall require the certificate of compliance to be displayed on the plans before starting construction. (c) Local governing authorities shall be responsible for the administration and enforcement of this chapter with regard to all other buildings described in paragraph (5) of Code Section 30-3-2 which are under their jurisdiction. No building permit shall be approved by any local governing authority for any private person, corporation, partnership, association, or public entity unless the plans and specifications have been approved as required by subsection (a) of this Code section, and unless the architect or engineer responsible for preparation of said plans and specifications certifies on such plans that to the best of his knowledge, information, and belief they have been prepared in conformity with ANSI specifications A117.1-1980 Code Sections 30-3-3 and 30-3-4. The 2082 JOURNAL OF THE HOUSE, builder, developer, or building owner following said plans shall require such a certificate of compliance on the plans before starting construction. All construction plans must display such a certificate of compliance provided by the architect or engineer for all construction in local governing jurisdictions which do not require building permits. In all areas where local governing authority building permits are not required, the builder, developer, or building owner following said plans shall require such a certificate of compliance to be displayed on the plans before starting construction.", and inserting in lieu thereof new subsections (b) and (c) to read as follows: "(b) The board of regents shall be responsible for the administration and enforcement of this chapter with respect to all buildings and facilities under its jurisdiction. No construction plans for any such building or facility shall be approved by the board of regents for any construction within the University System of Georgia unless the building or facility conforms to Code Sections 30-3-3 and 30-3-4 and unless the architect or engineer responsible for preparation of said plans and specifications affixes that person's seal on such plans. The affixing of the seal of an architect or engineer to said plans shall constitute a certification that to the best of that person's knowledge, information, and belief they have been prepared in conformity with Code Sections 30-3-3 and 30-3-4. A certificate of compliance may be displayed on said plans in lieu of the architect's or engineer's seal. The builder, developer, contractor, or building owner following said plans shall require an architect's or engineer's seal or a certificate of compliance to be displayed on the plans before starting construction. (c) Local governing authorities shall be responsible for the administration and enforcement of this chapter with regard to all government and public buildings and facilities which are not under the jurisdiction of the Safety Fire Commissioner or board of regents, pursuant to subsections (a) and (b) of this Code section and which are under the jurisdiction of such local governing authorities. No building permit for any such building or facility shall be approved by any local governing authority for any private person, corporation, partnership, association, or public entity unless the plans and specifications conform to the requirements of Code Sections 30-3-3 and 30-3-4 and unless the architect or engineer responsible for preparation of said plans and specifications affixes that person's seal on such plans. The affixing of the seal of an architect or engineer to said plans shall constitute a certification that to the best of that person's knowledge, information, and belief they have been prepared in conformity with Code Sections 30-3-3 and 30-3-4. A certificate of compliance may be displayed on said plans in lieu of the architect's or engineer's seal. The builder, developer, contractor, or building owner following said plans shall require such a seal or a certificate of compliance on the plans before starting construction. All construction plans must display such a certificate of compliance, or a seal provided by the architect or engineer, for all construction in local governing jurisdictions which do not require building permits. In all areas where local governing authority building permits are not required, the builder, developer, contractor, or building owner following said plans shall require such an architect's or engineer's seal or a certificate of compliance to be displayed on the plans before starting construction." Senate Amendment No. 2 Amend HB 506 by striking on Page 1, line 26, the figure "2" and inserting in lieu thereof the figure "1", so that the line reads "A minimum number of 1 or". Representative Watson of the 114th moved that the House agree to the Senate amendments to HB 506. On the motion, the ayes were 92, nays 0. The motion prevailed. WEDNESDAY, MARCH 6, 1985 2083 HB 303. By: Representatives Buck of the 95th, Groover of the 99th, and Robinson of the 96th: A BILL to amend Code Section 44-12-199 of the Official Code of Georgia Annotated, relating to the presumption of abandonment of property held for the owner by a public official or entity, so as to authorize law enforcement agencies to provide for the disposition by destruction or sale of certain weapons not used in the commission of a crime or seized in the execution of a warrant; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 44-12-199 of the Official Code of Georgia Annotated, relating to the presumption of abandonment of property held for the owner by a public official or entity, so as to authorize law enforcement agencies to provide for the disposition by destruction or sale of certain weapons not used in the commission of a crime or seized in the execution of a warrant; to provide a definition; to provide for a holding period; to provide for claims of ownership; to provide for certain eligible purchasers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 44-12-199 of the Official Code of Georgia Annotated, relating to the presumption of abandonment of property held for the owner by a public official or entity, is amended by adding at the end of said Code section a new subsection, to be designated subsection (d), to read as follows: "(d) (1) As used in this subsection, the term 'weapon' means any device declared illegal for possession under Code Section 16-11-122, any firearm, and any knife designed for the purpose of offense and defense. (2) Any weapon not used in the commission of a crime or seized during the execution of a warrant coming into the possession of a law enforcement agency shall be disposed of as provided in this subsection. Such weapons and the disposition of such weapons shall not be subject to the requirements of this article. (3) A weapon shall be held for the owner for a period of one year. If, at the end of such time, no valid written claim of ownership of a weapon has been presented to the law enforcement agency, the weapon shall be deenJed abandoned and, when no longer needed for evidentiary purposes, shall be disposed of by the agency by destruction or by public sale in the manner provided for sheriffs' sales. The manner of disposal shall be decided by the head of the law enforcement agency. Proceeds of a sale under this paragraph, after deduction of all costs of the sale, shall be deposited in the appropriate state or local treasury. (4) Purchasers who may participate in the sale of a weapon or firearm by a law enforcement agency shall be persons who are licensed under federal law to engage in businesses involving the weapon or firearm to be purchased." Section 2. 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 303. On the motion, the ayes were 104, nays 2. The motion prevailed. HB 188. By: Representatives Bargeron of the 108th, Ross of the 82nd, Cox of the 141st, Godbee of the 110th, Moultrie of the 93rd, and others: A BILL to amend Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election districts and polling places, so as to provide 2084 JOURNAL OF THE HOUSE, that at a run-off primary in any county only a single polling place shall be open if the run-off primary is for the purpose of nominating candidates of only one political party and fewer than 1 percent of the county's registered voters voted at the primary of the political party; and for other purposes. The following Senate amendment was read: Amend HB 188 by striking from the title on line 5 of page 1 the word "shall" and inserting in lieu thereof the word "may". By striking from Section 1 on line 21 of page 1 the word "shall" and inserting in lieu thereof the word "may". By striking from Section 1 on line 15 of page 2 the word "shall" and inserting in lieu thereof the word "may". By striking from Section 1, beginning on line 22 of page 2, the following: "In any case to which this Code section applies", and inserting in lieu thereof the following: "In any case in which only one polling place is to be utilized pursuant to this Code section". The following amendment to the Senate amendment was read and adopted: Representative Bargeron of the 108th moves to amend the Senate amendment to HB 188 by striking lines 3 through 9 of page 1 and inserting in lieu thereof the following: Amend HB 188 by adding on line 13 of page 1 after the following: "primary;", the following: "to provide that if the superintendent determines that a single polling place is insufficient, all polling places shall be open;". By striking lines 14 through 21 of page 2 and inserting in lieu thereof the following: "(b) In any case to which this Code section applies, only one polling place shall be required to be open in the county at the run-off primary; and such polling place shall be the polling place for the precinct wherein the county courthouse is located. Any voter who is otherwise eligible to vote in such run-off primary shall be entitled to vote in said run-off primary at said single polling place. If the superintendent determines that a single polling place is insufficient, all polling places within the county shall be open." Representative Bargeron of the 108th moved that the House agree to the Senate amendment, as amended by the House, to HB 188. On the motion, the ayes were 95, nays 7. The motion prevailed. Representative Colbert of the 23rd requested that he be recorded as voting "nay" on HB 188. HB 80. By: Representatives Thompson of the 20th, Cooper of the 20th, Cummings of the 17th, and Burruss of the 20th: A BILL to amend Part 2 of Article 5 WEDNESDAY, MARCH 6, 1985 2085 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide that materials obtained from or furnished by ad valorem taxpayers shall be confidential and shall not be disclosed by boards of tax assessors; to provide that such materials may be disclosed as necessary in tax collection proceedings; and for other purposes. The following Senate substitute was read: A BILL To amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax assessment and county boards of tax assessors, so as to change the amount of property which may be on appeal at the time of tax digest approval; to provide that the county board of tax assessors may treat as confidential and refuse to disclose to any person any financial records of any taxpayer if the board determines that such confidential treatment is necessary to protect the ability of the board to obtain similar information from taxpayers; to provide that such financial records of taxpayers shall not be subject to Article 4 of Chapter 18 of Title 50, relating to public records required to be open for public inspection; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax assessment and county boards of tax assessors, is amended by striking subsection (a) of Code Section 48-5-304, relating to the approval of county tax digests by the commissioner when appeals are pending, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The commissioner shall not be required to disapprove or withhold approval of the digest of any county solely because appeals have been filed or arbitrations demanded on the assessment of any property or number of properties in the county. In such cases, the assessment or assessments fixed by the board of tax assessors shall be listed together with the return value on the assessments and forwarded in a separate listing to the commissioner at the time the digest is filed for examination and approval. The commissioner shall not approve any digest when the assessed value fixed by the beard of ta* assessors that is in dispute for any property or properties on appeal or in arbitration exceeds 3 percent of the total assessed value of the total taxable tangible digest of the county for the same year. In any year when a complete revaluation or reappraisal program is implemented, 5 percent of the property by assessed value in dispute, or number of properties may be in arbitration or on appeal." Section 2. Said part is further amended by adding a new Code Section 48-5-314 to read as follows: "48-5-314. The county board of tax assessors may treat as confidential and refuse to disclose to any person any financial records of any taxpayer if the board determines that such confidential treatment is necessary to protect the ability of the board to obtain similar information from taxpayers. Such financial records of taxpayers shall not be subject to Article 4 of Chapter 18 of Title 50, relating to public records required to be open for public inspection." 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. Representative Thompson of the 20th moved that the House disagree to the Senate substitute to HB 80. 2086 JOURNAL OF THE HOUSE, 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 81. By: Representatives Aiken of the 21st and Johnson of the 21st: A BILL to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to debtor coverage under group life insurance policies, so as to extend the term for which a debtor is eligible for insurance for an indebtedness repayable in one sum; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 81 The Committee of Conference on HB 81 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 81 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable Carl Harrison Senator, 37th District /s/Honorable Roy E. Barnes Senator, 33rd District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Fred Aiken Representative, 21st District /s/Honorable Luther S. Colbert Representative, 23rd District /s/Honorable Lawrence Stumbaugh Senator, 55th District /s/Honorable John W. Greer Representative, 39th District A BILL To amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to groups eligible for coverage under group life insurance policies, so as to provide for extraordinary payments when an indebtedness is payable in unequal installments; to extend the term for which a debtor is eligible for insurance for an indebtedness repayable in one sum; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to groups eligible for coverage under group life insurance policies, is amended by striking subparagraph (A) of paragraph (2) in its entirety and substituting in lieu thereof a new subparagraph (A) to read as follows: "(A) The debtors eligible for insurance under the policy shall be all of the debtors of the creditor whose indebtedness is repayable either in installment^ including any extraordinary payment of an installment or lease-purchase obligation, or in one sum at the end of a period not in excess of 18 24 months from the initial date of debt or all of any class or classes thereof determined by conditions pertaining to the indebtedness or to the purchase giving rise to the indebtedness. The policy may provide that the term 'debtors' shall include the debtors of one or more subsidiary corporations and the debtors of one or more affiliated corporations, proprietors, or partnerships, if the business of the policyholder and of such affiliated corporations, proprietors, or partnerships is under common control through stock ownership, contract, or otherwise. No debtor shall be eligible unless the indebtedness constitutes an irrevocable obligation to repay which WEDNESDAY, MARCH 6, 1985 2087 is binding upon him during his lifetime at the time the insurance becomes effective upon his life;". 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. Representative Aiken of the 21st moved that the House adopt the report of the Committee of Conference on HB 81. On the motion, the ayes were 101, nays 0. The motion prevailed. The following Resolution of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon: SR 10. By: Senator Kidd of the 25th: A RESOLUTION authorizing the conveyance of certain state owned property located in the City of Milledgeville, Baldwin County, Georgia; and for other purposes. Representative Colwell of the 4th moved that the House adhere to its position in amending SR 10 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 Johnson of the 72nd, Lord of the 107th, and Parham of the 105th. The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: HB 1029. By: Representative Ross of the 82nd: A BILL to abolish the present method of compensating the clerk of the Superior Court of Glascock County, known as the fee system; to provide in lieu thereof an annual salary pursuant to general law; and for other purposes. The following Senate substitute was read: A BILL To abolish the present method of compensating the clerk of the Superior Court of Glascock County, known as the fee system; to provide in lieu thereof an annual salary pursuant to general law; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide for other matters relative to the foregoing; to repeal an Act providing a supplement to the compensation of the clerk of the Superior Court of Glascock County, approved April 6, 1981 (Ga. L. 1981, p. 3993); to provide an effective date; to repeal conflicting laws; and for other purposes. 2088 JOURNAL OF THE HOUSE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The present method of compensating the clerk of the Superior Court of Glascock County, known as the fee system, is abolished. The clerk of the superior court shall receive an annual salary as prescribed by the applicable provisions of Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, as such provisions are now or hereafter amended. Section 2. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed said officer as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public moneys, and shall pay the same into the county treasury on or before the fifteenth of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the clerk of the superior court shall furnish the governing authority of the county a detailed, itemized statement of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Section 3. The clerk of the superior court shall have the authority to appoint such deputies, clerks, and assistants, and other personnel as said officer shall deem necessary to discharge the official duties of the clerk's office efficiently and effectively. The clerk shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by the clerk's 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 compensation to be received by each employee in said office. It shall be within the sole power and authority of the clerk of the superior court, during said officer's term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, and assistants and to remove or replace any of such employees at will and within said officer's sole discretion. Section 4. The necessary operating expenses of the clerk of the superior court's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purposes. All supplies, materials, furnishings, furniture, utilities, and equipment and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. Section 5. An Act providing a supplement to the compensation of the clerk of the Superior Court of Glascock County, approved April 6, 1981 (Ga. L. 1981, p. 3993), is repealed in its entirety. Section 6. This Act shall become effective on January 1, 1987. Section 7. All laws and parts of laws in conflict with this Act are repealed. Representative Ross of the 82nd moved that the House agree to the Senate substitute to HB 1029. On the motion, the ayes were 103, nays 0. The motion prevailed. HB 1081. By: Representative Ross of the 82nd: A BILL to amend an Act placing the clerk of the superior court in Warren County on an annual salary, so as to provide for the compensation of the deputy clerk; and for other purposes. The following Senate substitute was read: WEDNESDAY, MARCH 6, 1985 2089 A BILL To amend an Act placing the clerk of the superior court in Warren County on an annual salary, approved March 11, 1963 (Ga. L. 1963, p. 2164), as amended, so as to provide for the compensation of the deputy clerk; 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 the superior court in Warren County on an annual salary, approved March 11, 1963 (Ga. L. 1963, p. 2164), as amended, is amended by striking subsection (b) of Section 2 and inserting in lieu thereof a new subsection (b) to read as follows: "(b) The clerk shall be authorized to employ a deputy, from time to time, as needed by the clerk to assist the clerk in carrying out the clerk's duties. Any such deputy shall be employed by the clerk, and the annual compensation of said deputy shall be $10,800.00, minimum. Such compensation shall be payable in equal monthly installments from the funds of Warren County." Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Representative Ross of the 82nd moved that the House agree to the Senate substitute to HB 1081. On the motion, the ayes were 103, nays 0. The motion prevailed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate adheres to its disagreement to the House amendment and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate: SB 77. By: Senator Barnes of the 33rd: A BILL to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to change the nature of relevant and competent evidence in libel actions; to provide that evidence of a plaintiffs request for retraction shall be relevant and competent if the request is made in writing at least 14 days prior to the filing of the action; and for other purposes. The President has appointed on the part of the Senate the following: Senators Barnes of the 33rd, Greene of the 26th, and Broun of the 46th. Representative Ware of the 77th 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: 2090 JOURNAL OF THE HOUSE, SB 131 Do Pass, by Substitute Respectfully submitted, Ware of the 77th Chairman The Speaker Pro Tern assumed the Chair. Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time: SB 269. By: Senators Gillis of the 20th, Barnes of the 33rd, and Dean of the 31st: A BILL to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Industrial Authority, so as to provide a definition of the word "may"; to provide for the power of the authority relating to the issuance of revenue bonds, bonds, notes, or other obligations; and for other purposes. 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,M Aiken YAlford Y Alien Y Andenon Y Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M Beck Benefield Benn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch Bray Y Brooks Brown,G Y BrownJ Buck YBumiss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childera YChilds Y Clark,B ClarM, YColbert Y Coleman Y Colwell Connell Cooper YCopelan Couch YCoi Y Crawford Y Crosby Y Cuniniings Daugherty YDavis Dean Dixon YDobbs Y Dover YDunn Edwards Y Evans Y Felton Y Foster Galer YGodbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Ybakson Y Jackson.J Y Jackson.N Y Jamieson Y Johnson.D Y Johnson.F Johnson,R Y Johnson.S YKilgore Y Kingston Lane.D YLane,R Lawler Y Lawrence YLawson YLee.C YLee,W Y Under YLogan YLong YLord Y Lucas Y Lupton Maddox Y Mangum YMartin,C YMartin.J Y Matthews Y McDonald Y McKelvey McKinney YMilam YMilford Y Moody Y Moore YMorton Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Pannell YParham YParrah Y Patten Y Peters Y Pettit Y Phillips Pinks ton Y Porter YRainey YRamsey.T YRamsey.V YRandall Y Ransom YRay Reaves Redding Y Richardson Y Robinuon.C Y Robinson.P YRoss Y Royal Y Russell YSelman YShepard YSherrod Sinkfield Y Sizemore Y Smith,L Y Smith^P Smith.T Smyre YStancil Y Steinberg Thomas.C Y Thomas.M Y Thompson YTownsend Y Triplett YTwiggs Y Waddle Y Waldrep Y Walker,C Y Walker.L YWall YWare Y Watson Y Watts White Y Wilder Williams.B Y WilliamsJ YWilliams,R Y Wilson YWood Workman YYeargin Young Murphy ,Spkr On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite constitutional majority, was passed. WEDNESDAY, MARCH 6, 1985 2091 Representatives Lane of the 27th and Thomas of the 69th 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. SR 118, By: Senators Perry of the 7th, Bryant of the 3rd, McKenzie of the 14th, and others: A RESOLUTION Creating the Corridor Z Highway Name Study Committee; and for other purposes. WHEREAS, the economic development of any community or geographic area is in great measure dependent upon the quality of the surface transportation facilities serving the community or area; and WHEREAS, the members and the State Transportation Board, in an effort to relieve the adverse economic impacts attributable to the lack of a major east-west transportation corridor in south Georgia, have approved a route from Columbus, Georgia, to Brunswick, Georgia, as a developmental highway known as "Corridor Z"; and WHEREAS, the developmental highway, when completed, will include improved segments of several federal and state highways and, thus, unlike interstate highways, will not be known by the same name or route number from end to end; and WHEREAS, this lack of a universal designation along the entire length of the developmental highway would diminish awareness of investors of its major significance; and WHEREAS, the following names have been proposed for such highway: (1) Sun Belt Parkway; (2) Southern Pine Parkway; (3) Peach State Parkway; (4) Jimmy Carter Parkway; and (5) Farm Belt Parkway; and WHEREAS, it is vitally important to the economy of the Corridor Z region that the developmental highway have an appropriate name. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Corridor Z Highway Name Study Committee which shall be composed of five members of the Senate to be appointed by the President of the Senate, who shall also appoint a cochairman, and five members of the House of Representatives to be appointed by the Speaker of the House, who shall also appoint a cochairman. The President of the Senate and the Speaker of the House of Representatives shall appoint members whose respective districts are embraced or partly embraced within one or more of the following counties: Muscogee, Stewart, Webster, Terrell, Lee, Dougherty, Worth, Tift, Berrien, Atkinson, Ware, Brantley, or Glynn. The committee is directed to determine a popular and appropriate name for the Corridor Z highway. The committee shall consider the five names listed above as well as recommendations from other legislators whose districts embrace or partly embrace any of the above-listed counties and from local governing authorities, chambers of commerce, associations, and interested citizens of such counties. The committee is authorized to conduct and hold meetings at such times and places as it deems advisable so as to better enable it to perform its duties under this resolution; provided, however, that the cochairman from the Senate shall be responsible for calling the initial meeting of the committee. The members of the committee shall receive the expenses and allowances 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 President of the Senate and the Speaker of the House. 2092 JOURNAL OF THE HOUSE, 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 recommend a popular and appropriate name for the Corridor Z highway by not later than December 31, 1985, on which date the committee shall stand abolished. The following amendments were read and adopted: The Committee on Transportation moves to amend Senate Resolution 118: By striking on page 2 on line 15 after the word "cochairman" all of lines 15, 16, 17, 18, 19 and the part of line 20 that ends with the word "Glynn". By striking on lines 24 and 25 the words, "whose districts embrace or partly embrace any of the above listed counties". Representative Lee of the 72nd moves to amend SR 118 as follows: On page 3, line 6, change the word "ten" to the word "five". The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to, as amended. On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams,G Y Adams.M Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Bargeron Y Barnett.B Barnett.M YBeck Benefleld Benn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Brooks Y Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Clark.L Y Colbert Coleman Y Colwell Connell Cooper YCopelan Couch YCox Y Crawford Y Crosby Cummings Daugherty YDavis Dean Diion YDobbs Y Dover YDunn Edwards Y Evans Y Felton Foster YGaler YGodbee Y Goodwin Y Greene YGreer Groover Y Hamilton Y Manner Y Hasty Hays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Ylsakson Y Jackson.J Y Jackson.N Jamieson Y Johnson.D Y Johnson.F Johiwon.R Y Johnson.S Kilgore Kingston YLane,D YLane,R Lawler Y Lawrence YLawson YLee,C YLee.W Y Under YLogan YLong YLord Lucas Y Lupton Y Maddoi Mangum Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney YMilam Milford Y Moody Y Moore Y Mortpn Mostiler Moultrie Y Mueller Y Oliver.C 01iver,D Y Padgett Y Pannell YParham YParrish Y Patten Y Peters Y Pettit Phillips Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson,C Y Robinson,P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,P Smith.T Smyre Y Stancil Steinberg Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplett YTwiggs Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Ware Watson Y Watts White Wilder Y Williams,B Y Williams,J Y William8,R Y Wilson YWood Workman Y Yeargin Young Murphy,Spkr On the adoption of the Resolution, as amended, the ayes were 127, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, amended. WEDNESDAY, MARCH 6, 1985 2093 HR 76. By: Representatives Alford of the 57th, Robinson of the 58th, Richardson of the 52nd, Athon of the 57th, Mangum of the 57th, and others: A RESOLUTION Creating the House Hartsfield International Airport Noise Study Committee; and for other purposes. WHEREAS, among the valuable assets of the Metropolitan Atlanta area is the Hartsfield International Airport; and WHEREAS, that airport plays a crucial role in assuring the economic vitality of the Metropolitan Atlanta area and the state by providing transportation services and employment to both; and WHEREAS, because of jet engines, the increasing size of aircraft, and the enormous volume of air traffic at the airport, aircraft noise has become an increasing problem for residents in the several counties in close proximity to that airport; and WHEREAS, those counties have no control over that noise which so affects them; and WHEREAS, it is not clear the extent to which that noise could be lessened or redistributed so as not to make life almost unbearable for some residents of the areas surrounding that airport; and WHEREAS, it is also unclear what latitude federal laws, rules, and regulations provide for addressing these problems; and WHEREAS, a thorough study needs to be made of various ways to accommodate the need for the services of that airport with the rights to the quiet enjoyment of their property by persons under aircraft flight paths. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Hartsfield International Airport Noise Study Committee to be composed of six members of the House, appointed by the Speaker thereof who shall also appoint a chairman from among those six members. BE IT FURTHER RESOLVED that the committee shall undertake a study of the problems mentioned above and any other problems related thereto and recommend necessary steps needed to be undertaken to alleviate any such problems. 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 15, 1985, at which time the committee shall stand abolished. The following Committee substitute was read and adopted: A RESOLUTION Creating the House Hartsfield International Airport Noise Study Committee; and for other purposes. WHEREAS, among the valuable assets of the Metropolitan Atlanta area is the Hartsfield International Airport; and 2094 JOURNAL OF THE HOUSE, WHEREAS, that airport plays a crucial role in assuring the economic vitality of the Metropolitan Atlanta area and the state by providing transportation services and employment to both; and WHEREAS, because of jet engines, the increasing size of aircraft, and the enormous volume of air traffic at the airport, aircraft noise has become an increasing problem for residents in the several counties in close proximity to that airport; and WHEREAS, those counties have no control over that noise which so affects them; and WHEREAS, it is not clear the extent to which that noise could be lessened or redistributed so as not to make life almost unbearable for some residents of the areas surrounding that airport; and WHEREAS, it is also unclear what latitude federal laws, rules, and regulations provide for addressing these problems; and WHEREAS, a thorough study needs to be made of various ways to accommodate the need for the services of that airport with the rights to the quiet enjoyment of their property by persons under aircraft flight paths. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Hartsfield International Airport Noise Study Committee to be composed of six members of the House, appointed by the Speaker thereof who shall also appoint a chairman from among those six members. BE IT FURTHER RESOLVED that the committee shall undertake a study of the problems mentioned above and any other problems related thereto and recommend necessary steps needed to be undertaken to alleviate any such problems. 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 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 15, 1985, at which time the committee shall stand abolished. 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 Adams,M Y Aiken Y Alford Y Alien Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Benefleld Benn Y Birdsong Bishop Bolster Bostick Y Branch YBray Brooks Y Brown.G Y Brown,J YBuck Y Burruss YByrd Carter Y Chambless Chance Y Cheeks Y Childere Y Childs Y Clark,B Clark,L Y Colbert Y Coleman Colwell Connell Cooper Y Copelan Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Dixon Y Dobbs Y Dover Dunn Edwards Evans Y Felton Y Foster YGaler YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Banner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson,N Jamieson Y Johnson,D Y Johnson,F Johnson,R Y Johnson,S Kilgore Y Kingston Y Lane.D Y Lane.R Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under YLogan YLong YLord Lucas Y Lupton Y Maddox Y Mangum Martin.C Y Martin,J Matthews Y McDonald Y McKelvey McKinney WEDNESDAY, MARCH 6, 1985 2095 Milam Milford Y Moody Moore YMorton Mostiler Y Moultrie Y MueUer Y Oliver.C Y Oliver,D Y Padgett YPanneU YParham YParrish Y Patten Y Peters Y Pettit Phillips Pinks ton Y Porter Rainey Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P Roas Y Royal Y Russell YSelman Y Shepard Y Sherrod Y Sinkfield Y Sizemore N Smith.L Y Smith,P Smith.T Smyre Y Stancil Steinberg Y Thomas,C Y Thomas,M Y Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L YWall YWare Y Watson Y Watts White Wilder Y Williams,B Y Williams,J Y Williams.R Y Wilson Y Wood Workman Y Yeargin Young Murphy,Spkr On the adoption of the Resolution, by substitute, the ayes were 132, nays 1. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. SB 262. By: Senator Hudgins of the 15th: A BILL to amend Code Section 36-82-7 of the Official Code of Georgia Annotated, relating to authorized investments for bond proceeds, so as to provide that the proceeds of any bonds may be invested and reinvested in certificates of deposit; 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 roll call was ordered and the vote was as follows: Y Aaron Y Adams.G YAdams,M Y Aiken Alford Y Alien Y Anderaon YArgo YAthon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron YBarnett.B Y Barnett,M YBeck Benefield Benn YBirdsong Bishop Y Bolster Bostick Y Branch YBray Brooks Brown.G YBrownJ YBuck YBumiss YByrd Carter Chambless Chance Y Cheeks Y ChUders Y Childs Y Clark.B Clark,L Colbert Y Coleman Y Colwell Connell Y Cooper YCopelan Couch YCoi Y Crawford Y Crosby Y Cummings Daugherty YDavis Dean Dixon YDobbs Y Dover Dunn Y Edwards Y Evans Y Felton Y Foster YGaler Y Godbee Y Goodwin YGreene Y Greet Y Groover Y Hamilton Y Manner Y Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks Home Y Hudson Ylsakson Y Jackson,J Y Jackson.N Jamieson Y Johnson.D Y Johnson.F Johnson,R Y Johnson,S YKilgore Y Kingston YLane,D YLane.R Y Lawler Y Lawrence YLawson YLee.C YLee,W Y Linder YLogan YLong YLord Lucas Y Lupton Y Maddox Y Mangum Martin.C Y Martin.J Y Matthews Y McDonald Y McKelvey McKinney Milam Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Y MueUer Y Oliver.C Y 01iver,D Y Padgett Y Pannell YParham YParrish Y Patten Peters Y Pettit Phillips Pinkston Y Porter Rainey Ramsey.T YRamsey.V Randall Y Ransom YRay Y Reaves Redding Y Richardson Y Robinson.C Y Robinson.P YRoss Y Royal Y Russell YSebnan Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Smith,P Smith,T Smyre Y Stancil Steinberg Y Thomas.C Thomas.M Y Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall YWare Watson Y Watts White WUder Y Williams.B Y WilliamM Y Williams,R Y Wilson Y Wood Workman Y Yeargin Young Murphy,Spkr On the passage of the Bill, the ayes were 134, nays 0. The Bill, having received the requisite constitutional majority, was passed. 2096 JOURNAL OF THE HOUSE, HR 282. By: Representatives Triplett of the 128th, Murphy of the 18th, Birdsong of the 104th, Dobbs of the 74th, and Godbee of the 110th: A RESOLUTION Creating the Long Distance Telecommunications Study Committee; and for other purposes. WHEREAS, due to the deregulation of telecommunications, there is increased competition among long distance telecommunications providers and a resulting increased demand upon the highway rights of way for the placement of long distance telecommunications lines; and WHEREAS, the commissioner of transportation is charging long distance telecommunications companies unrequired fees for permits to utilize the highway rights of way; and WHEREAS, there is a need for establishing the proper role of the state for permitting long distance telecommunication companies to utilize the highway rights of way. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Long Distance Telecommunications Study Committee 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 designated by the Speaker of the House. BE IT FURTHER RESOLVED that the committee shall undertake a study relating to the issues presented in this resolution and shall seek to determine the best method of meeting the state's need in maintaining the integrity of the highway rights of way. 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 committee shall seek the advice and assistance of the Department of Transportation and other interested parties in determining the impact upon the highway rights of way. BE IT FURTHER RESOLVED that the commissioner of transportation is authorized and directed to allow long distance telecommunications companies to utilize the highway rights of way and to declare a moratorium on the imposition and collection of fees for permits until this committee has completed its study and submitted a final report to the General Assembly. BE IT FURTHER RESOLVED that the members of the committee shall receive the allowances authorized for legislative members of interim 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 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, 1985, at which time the committee shall stand abolished. The following Committee substitute was read and adopted: A RESOLUTION Creating the Long Distance Telecommunications Study Committee; and for other purposes. WHEREAS, due to the deregulation of telecommunications, there is increased competition among long distance telecommunications providers and a resulting increased demand upon the highway rights of way for the placement of long distance telecommunications lines; and WEDNESDAY, MARCH 6, 1985 2097 WHEREAS, there is a need for establishing the proper role of the state for permitting long distance telecommunication companies to utilize the highway rights of way. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the Long Distance Telecommunications Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House. The chairman and vice-chairman of the committee shall be designated by the Speaker of the House. BE IT FURTHER RESOLVED that the committee shall undertake a study of the matters discussed in the preamble of this resolution and shall seek to determine the best method of meeting the state's need in maintaining the integrity of the highway rights of way. 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 committee shall seek the advice and assistance of the Department of Transportation and other interested parties in determining the impact upon the highway rights of way. BE IT FURTHER RESOLVED that the members of the committee shall receive the allowances authorized for legislative members of interim committees but shall receive the same for not more than five days. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, no later than December 1, 1985, at which time the committee shall stand abolished. 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,M Aiken Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Benefield Benn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Brooks Brown.G Y Brown.J YBuck Y Burruss YByrd Y Carter Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Clark.L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Dixon Y Dobbs Y Dover Dunn Y Edwards Evans Y Felton Y Foster Y Galer Y Godbee Y Goodwin Greene YGreer Y Groover Y Hamilton Y Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson,N Y Jamieson Y Johnson,D Y Johnson,F Johnson.R Y Johnson,S Kilgore Y Kingston Y Lane,D Y Lane.R Lawler Lawrence Y Lawson YLee.C YLee.W Y Linder YLogan YLong YLord Lucas Y Lupton Y Maddox Y Mangum Martin,C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney YMilam Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Y Pettit Phillips Y Pinkston Y Porter Y Pvainey Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Redding Y Richardson Y Robinson.C Y Robinson,? Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfleld Y Sizemore Y Smith.L Y Smith.P Smith.T Smyre Y Stancil Steinberg Y Thomas.C Y Thomas,M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White Wilder Y Williams,B Y Williams,J Y Williams.R Y Wilson YWood Workman Y Yeargin Y Young Murphy.Spkr 2098 JOURNAL OF THE HOUSE, On the adoption of the Resolution, by substitute, the ayes were 137, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. SB 114. By: Senators Coleman of the 1st and Bryant of the 3rd: A BILL to amend Code Section 25-2-12 of the Official Code of Georgia Annotated, relating to adoption of state fire safety standards and enforcement with respect to certain buildings and structures, so as to require fire safety inspections of hospitals to be performed by the state fire marshal; and for other purposes. 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.M Y Aiken Alford Y Alien Y Anderson N Argo YAthon Y Atkins YAuten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Barnett.M YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G Y BrownJ YBuck YBurruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers YChilds Y Clrk,B Clark.L Colbert Y Coleman Y Colwell Connell Y Cooper YCopelan Couch YCox Y Crawford YCrosby Y Cummings Daugherty NDavis Dean Diion YDobbs Y Dover Dunn Y Edwards Y Evans Y Felton Y Foster YGaler YGodbee YGoodwin YGreene YGreer Y Groover Y Hamilton Y Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Ylsakson Y JacksonJ Y Jackson,N Y Jamieson Y Johnnon.D Y Johnson,? Y Johnsonjl Y Johnson.S YKilgore Y Kingston YLane,D NLane.R Y Lawler Y Lawrence YLawson YLee,C YLee,W Y Under YLogan YLong YLord Lucas Y Lupton Y Maddox Y Mangum N Martin.C YMartin.J Y Matthews Y McDonald Y McKelvey McKinney Milam Milford Y Moody Y Moore NMorton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliverf> Y Padgett Y Pannell YParham Y Fairish Y Patten Y Peters Y Pettit Phillips Pinkston Y Porter YRainey Ramsey.T YRamsey.V YRandall Y Ransom YRay Reaves Redding Y Richardson Robinson.C Y Robinson,P Roes Y Royal Y Russell YSelman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L Y Smith,P Smith,T Smyre Y Stancil Steinberg Y Thomas.C Y Thomas.M Y Thompson Y Townsend N Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker.L YWall Ware Y Watson Y Watts White Y Wilder Y WiUiams,B Y Williams.J Y Williams.R Y Wilson YWood Workman YYeargin Y Young Murphy,Spkr On the passage of the Bill, the ayes were 136, nays 6. The Bill, having received the requisite constitutional majority, was passed. SB 200. By: Senator Brannon of the 51st: A BILL to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to postmortem examinations, so as to provide that no person shall be deemed to have died unattended by a physician when the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was to. WEDNESDAY, MARCH 6, 1985 2099 On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,M Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M Beck Y Benefield Benn Birdsong Bishop Y Bolster Y Bostick Y Branch Bray Y Brooks Y Brown.G Y Brown,J YBuck Y Bumiss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs N Clark,B Y Clark,L Y Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Couch YCoj Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Diion Y Dobbs Y Dover Y Dunn Y Edwards Evans Y Felton Y Foster Y Galer YGodbee Y Goodwin Y Greene Y Greer Groover Y Hamilton Y Manner Hasty YHays Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson,N Y Jamieson Y Johnson,D Johnson,F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane,D YLane,R Y Lawler Y Lawrence Y Lawson Y Lee.C YLee.W Y Linder Logan YLong YLord Lucas Y Lupton Y Maddoi Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Peters Pettit Phillips Pinkston Porter Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Redding Y Richardson Y Robinson.C Y Robinson,P Ross Y Royal Y Russell YSelman Shepard Y Sherrod Sinkfield Y Sizemore N Smith,L Y Smith,P Y Smith.T Smyre Y Stand) Stein berg Thomas.C Y Thomas.M Y Thompson Townsend Triplett YTwiggs Y Waddle Y Waldrep Walker.C Walker,L YWall Y Ware Y Watson Y Watts White Y Wilder Y Williams,B Williams,J Y Williams,R Y Wilson YWood Workman Y Yeargin Y Young Murphy,Spkr On the passage of the Bill, the ayes were 135, nays 2. 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 396. By: Representatives Ware of the 77th and Argo of the 68th: A RESOLUTION creating the Changes in the Domicile of Insurance Companies Study Committee; and for other purposes. The Speaker assumed the Chair. By unanimous consent, the rules were suspended in order that the Speaker could entertain a motion that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate: SB 269. By: Senators Gillis of the 20th, Barnes of the 33rd, and Dean of the 31st: A BILL to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Industrial Authority, so as to provide a definition of the word "may"; to provide for the power of the authority relating to the issuance of revenue bonds, bonds, notes, or other obligations; and for other purposes. Representative Johnson of the 72nd moved that the House reconsider its action in giving the requisite constitutional majority to SB 269. 2100 JOURNAL OF THE HOUSE, 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 following Bill of the House: HB 30. By: Representatives Buck of the 95th and Robinson of the 96th: A BILL to amend Code Section 16-9-55 of the Official Code of Georgia Annotated, relating to the crime of fraudulently obtaining or attempting to obtain public housing or reduction in public housing rent, so as to change the penalty provisions relating to such crime; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House: HB 583. By: Representatives Childs of the 53rd, Williams of the 54th, Redding of the 50th, Richardson of the 52nd, Steinberg of the 46th, and others: A BILL to amend 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, so as to provide that a municipality having an independent school system shall be authorized through its governing authority to allow the sale of alcoholic beverages for consumption on the premises during a certain period of time after 11:55 P.M. on Saturdays and in certain eating establishments during a certain period of time on Sundays; and for other purposes. The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference on the following Bill of the House: HB 463. By: Representatives Chambless of the 133rd, Greer of the 39th, Dunn of the 73rd, Alien of the 127th, Couch of the 40th, and others: A BILL to amend Code Section 3-4-60 of the Official Code of Georgia Annotated, relating to the levy and amount of state excise taxes imposed on distilled spirits, so as to establish an excise tax upon the first sale, use, or final delivery within this state of all distilled spirits and alcohol; and for other purposes. The President has appointed on the part of the Senate the following: Senators Holloway of the 12th, Greene of the 26th, and Deal of the 49th. The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House: HB 885. By: Representatives Martin of the 60th, Barnett of the 10th, Colbert of the 23rd, Hanner of the 131st, and Coleman of the 118th: A BILL to amend Article 1 of Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to change the composition of the Georgia Firefighter Training and Standards Council; and for other purposes. The Senate has disagreed to the House substitute to the following Bill of the Senate: SB 19. By: Senators Peevy of the 48th, Allgood of the 22nd, Dawkins of the 45th, and others: A BILL to amend Title 43 of the Official Code of Georgia WEDNESDAY, MARCH 6, 1985 2101 Annotated, relating to professions and businesses, so as to comprehensively revise the provisions relating to the regulation and licensure of polygraph examiners; to create the State Board of Polygraph Examiners; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House: HB 59. By: Representative Bray of the 91st: A BILL to amend Code Section 18-4-97 of the Official Code of Georgia Annotated, relating to payment of expenses incurred by garnishees in garnishment proceedings, so as to change the amount which the garnishee is entitled to deduct from funds paid into court; and for other purposes. HB 630. By: Representatives Walker of the 115th, Evans of the 84th, Chambless of the 133rd, and Wood of the 9th: A BILL to amend Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to dismissal actions, so as to change provisions relating to right of voluntary dismissal; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate: SR 246. By: Senators Allgood of the 22nd and Kennedy of the 4th: A RESOLUTION relative to adjournment; and for other purposes. Representative Johnson of the 72nd District, Chairman of the Committee on Retirement, submitted the following report: Mr. Speaker: Your Committee on Retirement has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 224 Do Pass, by Substitute Respectfully submitted, Johnson of the 72nd Chairman Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: SB 127. By: Senator Allgood of the 22nd: A BILL to amend Code Section 14-2-63 of the Official Code of Georgia Annotated, relating to venue in actions against corporations, so as to provide that corporations may be sued for torts, wrongs, and injuries in the county where the cause of action originated; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 14-2-63 of the Official Code of Georgia Annotated, relating to venue in actions against corporations, so as to provide that corporations may be sued 2102 JOURNAL OF THE HOUSE, for torts, wrongs, and injuries in the county where the cause of action originated, if the corporation has an office in that county or transacts business in that county; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 14-2-63 of the Official Code of Georgia Annotated, relating to venue in actions against corporations, is amended by striking subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows: "(d) For the purpose of determining venue, each domestic corporation and each foreign corporation authorized to transact business in this state shall be deemed to reside and may be sued for damages because of torts, wrong, or injury done, in the county where the cause of action originated, if the corporation has an office and in that county or transacts business in that county. The residence established by this subsection shall be in addition to, and not in limitation of, any other residences that any domestic or foreign corporation may have by reason of other laws." Section 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron N Adams.G N Adams.M N Aiken N Alford Y Alien N Anderson N Argo N Athon N Atkins N Auten N Bailey N Balkcom N Bannister N Bargeron Y Barnett,B N Barnett,M NBeck N Benefield YBenn N Birdsong Y Bishop N Bolster Y Bostick N Branch NBray Y Brooks N Brown.G N Brown,J NBuck Burruss NByrd N Carter Y Chambless Y Chance N Cheeks Y Childers Y Childs N Clark,B N Clark,L N Colbert N Coleman N Cohvell N Connell Y Cooper Y Copelan Couch NCoi N Crawford Crosby Cummings Y Daugherty YDavis Dean Y Diion NDobbs N Dover NDunn N Edwards Y Evans N Felton N Foster Y Galer N Godbee N Goodwin N Greene NGreer Y Groover Hamilton N Manner N Hasty NHays N Heard YHill N Holcomb N Holmes Y Hooks Home Y Hudson NIsakson N Jackson,J N Jackson.N N Jamieson N Johnson,D N Johnson,F N Johnson.R N Johnson,S N Kilgore N Kingston YLane,D YLane,R N Lawler N Lawrence Y Lawson Y Lee,C NLee.W N Under N Logan N Long NLord Y Lucas N Lupton Y Maddox Y Marigum N Martin.C Y Martin,J N Matthews N McDonald Y McKelvey N McKinney NMilam Y Milford N Moody N Moore N Morion Y Mostiler N Moultrie N Mueller N Oliver.C Y Oliver.D N Padgett Y Pannell N Parham N Parrish N Patten N Peters N Pettit N Phillips Y Pinkston Y Porter N Rainey Y Ramsey.T N Ramsey.V YRandall N Ransom NRay N Reaves N Redding Y Richardson N Robinson,C Y Robinson.P NRoss N Royal N Russell Selman N Shepard Y Sherrod N Sinkfield Sizemore Smith,L N Smith,P N Smith,T NSmyre Y Stancil Y Steinberg Y Thomas,C N Thomas.M Y Thompson N Townsend N Triplett N Twiggs N Waddle Y Waldrep Y Walker.C N Walker,L N Wall Ware N Watson N Watts White N Wilder N Williams.B Y Williams,J N Williams.R Y Wilson N Wood N Workman N Yeargin Y Young Murphy.Spkr On the passage of the Bill, by substitute, the ayes were 51, nays 116. The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost. Representative Smith of the 78th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. WEDNESDAY, MARCH 6, 1985 2103 Representative Thomas of the 69th moved that the House reconsider its action in failing to give the requisite constitutional majority to SB 127. On the motion, the roll call was ordered and the vote was as follows: Aaron N Adams.G N Adams.M N Aiken Alford Y Alien Anderson Argo NAthon N Atkins N Auten N Bailey N Balkcom N Bannister N Bargeron Y Barnett.B N Barnett.M NBeck N Benefield Benn N Birdsong Bishop Bolster Y Bostick N Branch Bray Y Brooks N Brown.G NBrown.J Buck NBurruss NByrd N Carter Chambless N Chance N Cheeks Y Childers Y Childs Claik.B N Clark,L Colbert Coleman N Colwell N Connell Cooper YCopelan Couch NCox Crawford Croeby Y Cummings Daugherty YDavis Dean Y Dixon Dobbs N Dover NDunn Edwards Evans Felton Y Foster YGaler NGodbee NGoodwin N Greene NGreer Y Groover Y Hamilton N Hanner N Hasty NHays N Heard YHill N Holcomb N Holmes N Hooks Home Y Hudson N Isakson N Jackson,J N Jackson.N N Jamieson Johnson,D N Johnson.F N Johnson.R Y Johnson,S NKUgore N Kingston YLane,D YLane,R N Lawler N Lawrence Y Lawson YLee,C Lee,W Linder NLogan NLong NLord Y Lucas N Lupton Y Maddox Y Mangum YMartin,C YMartin.J N Matthews N McDonald On the motion, the ayes were 47, nays 93. The motion was lost. N McKelvey McKinney NMilam Milford N Moody N Moore NMorton N Mostiler Moultrie N Mueller N Oliver.C Y 01iver,D N Padgett YPannell N Parham NParrish N Patten N Peters N Pettit N Phillips Pinks ton Y Porter N Rainey YRmsey,T NRamsey.V YRandall N Ransom NRay N Reaves Redding Y Richardson N Robinson,C Y Robinson,P Roas N Royal Russell Selman Y Shepard Y Sherrod N Sinkfield N Sizemore Y Smith,L N Smith,? N Smith,T Smyre N Stancil Y Steinberg Y Thomas,C Thomas,M Y Thompson N Townsend N Triplett NTwiggs Y Waddle YWaldrep N Walker.C Y Walker.L NWall Ware Y Watson N Watts White N Wilder N Williams.B Y WUliams.J NWilliams.R Y Wilson NWood Y Workman NYeargin Y Young Murphy,Spkr The following Resolution of the House was read and referred to the Committee on Rules: HR 398. By: Representatives Wilder of the 21st, Atkins of the 21st, Johnson of the 21st, Aiken of the 21st, Foster of the 6th, and others: A RESOLUTION creating the Governor's Private Sector Survey Committee on Cost Control in State Government; and for other purposes. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has disagreed to the House amendment to the following Bill of the Senate: SB 272. By: Senators Bryant of the 3rd and Reddish of the 6th: A BILL to amend an Act placing the Sheriff of Glynn County on an annual salary, so as to change the provisions relating to automobiles for the sheriffs office; and for other purposes. 2104 JOURNAL OF THE HOUSE, The Senate insists on its substitute to the following Bill of the House: HB 907. By: Representatives Oliver of the 1st, Robinson of the 96th, and Davis of the 45th: A BILL to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy generally, so as to provide that a petition to legitimate a child may be filed in the father's county of residence, the child's county of residence, or, if an adoption of the child is pending, in the county in which the adoption petition is filed; and for other purposes. The Speaker announced the House in recess until 2:15 o'clock, this afternoon. WEDNESDAY, MARCH 6, 1985 2105 AFTERNOON SESSION The Speaker called the House to order. The following Resolutions of the House were read and adopted: HR 399. By: Representative Cummings of the 17th: A RESOLUTION commending Mr. John J. "Bill" Brooks; and for other purposes. HR 400. By: Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd, and others: A RESOLUTION commending Ms. Jeanie Edwards; and for other purposes. HR 401. By: Representatives Dover of the llth, Ross of the 82nd, Twiggs of the 4th, and others: A RESOLUTION commending Flora Garrison Hicks; and for other purposes. HR 402. By: Representatives Argo of the 68th and Logan of the 67th: A RESOLUTION urging the State of Georgia to evaluate the concept of establishing an Official State Museum of Natural History; and for other purposes. HR 403. By: Representatives Twiggs of the 4th, Colwell of the 4th, Dover of the llth, and others: A RESOLUTION expressing regret at the passing of Honorable Jack Powell Green; and for other purposes. HR 404. By: Representative Hooks of the 116th: A RESOLUTION congratulating the citizens of Plains, Georgia, on the one-hundredth anniversary of the founding of the city; and for other purposes. HR 405. By: Representative Russell of the 64th: A RESOLUTION recognizing and expressing appreciation to Cook Holliday; and for other purposes. HR 406. By: Representative Russell of the 64th: A RESOLUTION providing for recognition of a Georgia Homecoming in 1988; and for other purposes. HR 407. By: Representatives Alford of the 57th, Mangum of the 57th, and Athon of the 57th: A RESOLUTION commending the City of Avondale Estates; and for other purposes. HR 408. By: Representative Parrish of the 109th: A RESOLUTION commending the Metier High School Tiger Band; and for other purposes. HR 409. By: Representatives Jackson of the 9th, Lawson of the 9th, and Wood of the 9th: A RESOLUTION commending Joe T. Wood, Jr.; and for other purposes. HR 410. By: Representatives Branch of the 137th, Reaves of the 147th, Greene of the 130th, and others: A RESOLUTION recognizing April 10 as "Save the Butterfly Day"; and for other purposes. HR 411. By: Representative Crosby of the 150th: A RESOLUTION in memory of J. Marvin Strickland; and for other purposes. 2106 JOURNAL OF THE HOUSE, The following Resolution of the Senate was read: SR 246. By: Senators Allgood of the 22nd and Kennedy of the 4th: A RESOLUTION Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly adjourn at 7:00 P.M. on March 6, 1985, and reconvene at 9:00 A.M. on March 8, 1985. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Aaron YAdams,G Y Adams,M Aiken Y Alford Alien Andersen Argo Athon Y Atkins Auten Y Bailey Balkcom Y Bannister Bargeron Barnett.B Barnett.M Beck Y Benefield Benn YBirdsong Bishop Y Bolster YBostick Y Branch Bray Y Brooks Y Brown.G Y Brown.J Buck YBumisB YByrd Y Carter Chambless Y Chance Cheeks Childera YChilds Clark,B YClarkJL Colbert Coleman Colwell Y Connell Y Cooper YCopelan Couch Coi Crawford Y Crosby Y Cummings Daugherty YDavis YDean Diion Dobbs Y Dover Dunn Edwards Evans Felton Foster Galer Godbee YGoodwin Greene Greer Groover Y Hamilton Manner Y Hasty YHays Y Heard Hill Y Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Y Jackson,J Jackson.N Y Jamieson Johnson,D Johnson^1 Y Johnson.R Y Johnson.S Kilgore Y Kingston YLane,D Lane.R Lawler Lawrence Y Lawson YLee.C YLee,W Y Linder Logan YLong Lord Lucas Y Lupton Y Maddoz Y Mangum Y Martin.C Y Martin,J Matthews McDonald Y McKelvey McKinney YMilam Milford Y Moody Y Moore YMorton Y Mostiler Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Pannell Parham Y Fairish Patten Y Peters Pettit Phillips Pinkston Y Porter Rainey Ramsey.T YRamsey.V Randall Y Ransom Ray Reaves Y Redding Y Richardson Y Robinson,C Robinson,P YRoss Y Royal Y Russell On the adoption of the Resolution, the ayes were 94, nays 0. The Resolution was adopted. YSelman Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith,T Smyre Y Stancil Y Steinberg Thomas.C Thomas,M Y Thompson Y Townsend Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Watson Watts White Wilder Williams.B Y William8,J Williams,R Y Wilson Y Wood Y Workman YYeargin Young Murphy,Spkr The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto: SB 19. By: Senators Peevy of the 48th, Allgood of the 22nd, Dawkins of the 45th, and others: A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to comprehensively revise the provisions relating to the regulation and licensure of polygraph examiners; to create the State Board of Polygraph Examiners; and for other pur- poses. WEDNESDAY, MARCH 6, 1985 2107 Representative Alford of the 57th moved that the House insist on its position in substituting SB 19. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 583. By: Representatives Childs of the 53rd, Williams of the 54th, Redding of the 50th, Richardson of the 52nd, Steinberg of the 46th, and others: A BILL to amend 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, so as to provide that a municipality having an independent school system shall be authorized through its governing authority to allow the sale of alcoholic beverages for consumption on the premises during a certain period of time after 11:55 P.M. on Saturdays and in certain eating establishments during a certain period of time on Sundays; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to provide that, in any county in which one-half of the net revenues collected from the legalizing, controlling, licensing, and taxing of the wholesale and retail sale of alcoholic beverages is paid over to the boards of education, a municipality having an independent school system shall be authorized through its governing authority to allow the sale of alcoholic beverages for consumption on the premises during a certain period of time after 11:55 P.M. on Saturdays and in certain eating establishments during a certain period of time on Sundays; to provide for a referendum regarding the authorization of certain Sunday alcoholic beverage sales; to prohibit and restrict certain acts in conjunction with the sale of alcoholic beverages by the drink for consumption on the premises; to limit further prohibition and restriction of certain acts in conjunction with the sale of alcoholic beverages by the drink for consumption on the premises; to provide for applicability and for exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, is amended by adding a new subsection at the end of Code Section 3-3-7, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, to be designated subsection (n), to read as follows: "(n) (1) Notwithstanding other laws, in any county in which one-half of the net revenues collected from the legalizing, controlling, licensing, and taxing of the wholesale and retail sale of alcoholic beverages is paid over to the boards of education in such county, a municipality having an independent school system shall be authorized through its governing authority, either by proper resolution or ordinance approved by a majority of that governing authority or by proper resolution or ordinance so approved and by its terms having its effectiveness being contingent upon referendum approval pursuant to paragraph (2) of this subsection, to allow: (A) The sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays and three hours immediately following such time; and (B) The sale and service by the drink of alcoholic beverages on Sundays from 12:30 P.M. until 12:00 Midnight in any licensed establishment which derives at least 2108 JOURNAL OF THE HOUSE, 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging. (2) If a resolution or ordinance is approved pursuant to paragraph (1) of this subsection and by its terms has its effectiveness contingent upon referendum approval pursuant to this paragraph, not less than ten nor more than 60 days after the date of approval of such resolution or ordinance it shall be the duty of the election superintendent of the municipality, whose governing authority approved that resolution or ordinance, to issue the call for an election for the purpose of submitting the question of Sunday sales to the electors of that municipality for approval or rejection. The superintendent shall set the date of the election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published in the official organ of the county in which that municipality is located once a week for two weeks immediately preceding the date thereof. The ballot shall have written or printed thereon the words: YES Shall Sunday sales of alcoholic beverages by the drink be authorized in NO (name of municipality)?' All persons desiring to vote for approval of Sunday sales shall vote 'Yes,' and those persons desiring to vote for rejection of Sunday sales shall vote 'No.' If more than one-half of the votes cast on the question are for approval of Sunday sales, the resolution or ordinance approving such Sunday sales shall become effective upon the date so specified in that resolution or ordinance. The expense of the election shall be borne by the municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his further duty to certify the result thereof to the Secretary of State." Section 2. Said chapter is further amended by adding a new Code section at the end of Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts in conjunction with the sale or distribution of alcoholic beverages, to be designated Code Section 3-3-31, to read as follows: "3-3-31. (a) As used in this Code section, the term: (1) 'Drink' means a single portion beverage which contains any alcoholic beverage. (2) 'Licensee' means any retail consumption dealer or retail dealer who sells alco- holic beverages by the drink for consumption on the premises. (3) 'Price regularly charged' means the full price charged without discounts by the licensee for such drink or drinks during the preceding calendar week. (4) 'Private function' means any affair where attendance is by invitation only and where the cost of the drinks served is paid by the host. (b) No licensee or agent or employee of a licensee shall: (1) Offer or deliver any free drinks to the general public; (2) Sell, offer to sell, or deliver to any person or group of persons any drink or drinks at a price less than one-half the price regularly charged for such drink or drinks; (3) Sell, offer to sell, or deliver more than one drink to one person at one time; (4) Sell, offer to sell, or deliver to any person or group of persons an unlimited number of drinks during any set period of time for a fixed price; (5) Sell, offer to sell, or deliver alcoholic beverages, including malt beverages, by the pitcher, except to two or more persons at any one time; (6) Increase the volume of alcoholic beverages contained in a drink without increasing proportionately the price charged for such drink; or (7) Encourage or permit on the licensed premises any game or contest which involves drinking or the awarding of drinks as prizes. (c) The prohibitions and restrictions in subsection (b) of this Code section which apply to licensees or agents or employees of licensees shall not: WEDNESDAY, MARCH 6, 1985 2109 (1) Apply at private functions; (2) Prohibit the offering of free food or entertainment at any time; (3) Prohibit including drinks as part of the price of a hotel, travel, entertainment, or meal package; (4) Prohibit the sale, offer to sell, or delivery of wine by the bottle or carafe; or (5) Prohibit any hotel or motel from offering room service to registered guests." Section 3. All laws and parts of laws in conflict with this Act are repealed. Representative Childs of the 53rd moved that the House disagree to the Senate substitute to HB 583. 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 907. By: Representatives Oliver of the 1st, Robinson of the 96th, and Davis of the 45th: A BILL to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy generally, so as to provide that a petition to legitimate a child may be filed in the father's county of residence, the child's county of residence, or, if an adoption of the child is pending, in the county in which the adoption petition is filed; and for other purposes. Representative Oliver of the 1st moved that the House insist on its position in disagreeing to the Senate substitute to HB 907 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 Oliver of the 1st, Evans of the 84th, and Thomas of the 69th. The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: HB 630. By: Representatives Walker of the 115th, Evans of the 84th, Chambless of the 133rd, and Wood of the 9th: A BILL to amend Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to dismissal actions, so as to change provisions relating to right of voluntary dismissal; and for other purposes. The following Senate amendment was read: Amend HB 630 by striking "third" on line 23, page 1, and inserting "second". Representative Groover of the 99th moved that the House disagree to the Senate amendment to HB 630. The motion prevailed. 2110 JOURNAL OF THE HOUSE, 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 269. By: Senators Gillis of the 20th, Barnes of the 33rd, and Dean of the 31st: A BILL to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Industrial Authority, so as to provide a definition of the word "may"; to provide for the power of the authority relating to the issuance of revenue bonds, bonds, notes, or other obligations; and for other purposes. The following substitute, offered by Representative Phillips of the 120th, was read and adopted: A BILL To amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to provide a definition of the word "may"; to change internal cross-references; to provide for the power of the authority relating to the issuance of revenue bonds, bonds, notes, or other obligations; to change the provisions relating to the time when a lease may allow title to an environmental facility project to vest in the local government; to delete the requirement that local governments first undertake to sell bonds, notes, or other obligations pursuant to a request for bids; 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 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, is amended by striking paragraphs (8) through (13) of Code Section 50-10-4, relating to definitions, and inserting in lieu thereof new paragraphs (8) through (14) to read as follows: "(8) 'May' means permission and not command. {8) (9) 'Municipal corporation' or 'municipality' means any city or town in this state. {9} (10) 'Obligation' means any bond, revenue bond, note, lease, contract, evidence of indebtedness, debt, or other obligation of the authority, the state, or local governments which are authorized to be issued under this chapter or under the Constitution or other laws of this state, including refunding bonds. (10) (11) 'Project' means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of providing environmental facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, industry, agriculture, and employment opportunities. (12) 'Revenue bond' includes bond. (13) 'Sewerage facility' means any environmental facility described in subparagraph (B) of paragraph {4} (5 of this Code section, defining 'environmental facilities.' (43) (14) 'Water facility' means any environmental facility described in subparagraph (A) of paragraph (4) (5) of this Code section, defining 'environmental facilities.'" Section 2. Said chapter is further amended by striking paragraph (9) of subsection (d) of Code Section 50-10-5, relating to corporate powers and purposes, which reads as follows: "(9) To issue revenue bonds, bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying, or loaning the proceeds thereof to WEDNESDAY, MARCH 6, 1985 2111 pay, all or any part of the cost of any project and otherwise to use the proceeds to further or carry out the public purpose of the authority and to pay all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out such purpose and to pay all costs of the authority incurred in connection with the issuance of the revenue bonds, bonds, notes, or other obligations;", and inserting in lieu thereof a new paragraph (9) to read as follows: "(9) To issue revenue bonds, bonds, notes, or other obligations of the authority, to receive payments from the Department of Community Affairs, and to use the proceeds thereof for the purpose of: (A) Paying or loaning the proceeds thereof to pay, all or any part of, the cost of any project or the principal of and premium, if any, and interest on the revenue bonds, bonds, notes, or other obligations of any local government issued for the purpose of paying in whole or in part, the cost of any project and having a final maturity not exceeding three years from the date of original issuance thereof; (B) Paying all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out the purposes of the authority; and (C) Paying all costs of the authority incurred in connection with the issuance of the revenue bonds, bonds, notes, or other obligations;". Section 3. Said chapter is further amended by striking subsection (e) of Code Section 50-10-7, relating to certain lease agreements, which reads as follows: "(e) Any lease agreement executed by the authority directly with any local government may provide that at the termination thereof and upon payment in full of all amounts due thereunder and otherwise to the authority, title to the environmental facility project shall vest in the local government or its successor in interest, if any, free and clear of any liens of encumbrances created in connection with any contract or bonds, revenue bonds, notes, or other obligations involving the authority.", and inserting in lieu thereof a new subsection (e) to read as follows: "(e) Any lease agreement executed by the authority directly with any local government may provide at the termination thereof that title to the environmental facility project shall vest in the local government or its successor in interest, if any, free and clear of any liens or encumbrances created in connection with any contract or bonds, revenue bonds, notes, or other obligations involving the authority." Section 4. Said chapter is further amended by striking Code Section 50-10-17 which reads as follows: "50-10-17. The issuance of any bond, revenue bond, note, or other obligation or incurring of debt, public or otherwise, by the authority must be approved by the commission established by Article VII, Section III, Paragraph III of the Constitution of the State of Georgia of 1976 and Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor, provided that, except as to the use of the proceeds of bonds guaranteed as to payment by the state or with respect to funds provided to the authority by the state from the sale of state general obligation bonds, the authority shall not acquire any bond, revenue bond, note, or other obligation from a local government issued to pay all or part of the cost of any local project to be acquired or constructed by a local government unless such local government shall have first undertaken to sell such bond, revenue bond, note, or other obligation pursuant to a request for bids or a request for proposal, for negotiation or otherwise, in accordance with and on terms and conditions prescribed by the above commission.", and inserting in lieu thereof a new Code Section 50-10-17 to read as follows: "50-10-17. The issuance of any bond, revenue bond, note, or other obligation or incurring of debt, public or otherwise, by the authority must be approved by the commission established by Article VII, Section III, Paragraph III of the Constitution of the State of Georgia of 1983 or its successor." Section 5. Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the Revenue Shortfall Reserve and Midyear Adjustment Reserve, is amended by adding a new subsection (d) at the end thereof to read as follows: 2112 JOURNAL OP THE HOUSE, "(d) Any other provision of law notwithstanding, the General Assembly of Georgia is authorized to appropriate $12,500,000 for State Fiscal Year 1985 from the Revenue Shortfall Reserve, for the purpose of financing the construction of water and sewer projects, through loans to local governments by the Georgia Development Authority." 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. 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 102, nays 0. 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: The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House: HB 274. By: Representatives Wood of the 9th and Jackson of the 9th: A BILL to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to disseminate certain information from its records to certain governmental agencies or units of this state and of the United States having legitimate governmental needs therefor; and for other purposes. The Senate insists on its substitute to the following Bill of the House: HB 80. By: Representatives Thompson of the 20th, Cooper of the 20th, Cummings of the 17th, and Burruss of the 20th: A BILL to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide that materials obtained from or furnished by ad valorem taxpayers shall be confidential and shall not be disclosed by boards of tax assessors; to provide that such materials may be disclosed as necessary in tax collection proceedings; 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 270. By: Representatives Walker of the 115th, Murphy of the 18th, Burruss of the 20th, Groover of the 99th, Buck of the 95th, and others: A BILL to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change certain of such salaries; to add certain officials; and for other purposes. The President has appointed on the part of the Senate the following: Senators Dean of the 31st, Dawkins of the 45th, and Timmons of the llth. WEDNESDAY, MARCH 6, 1985 2113 The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House: HB 615. By: Representative Lane of the 27th: A BILL to amend Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the Composite State Board of Medical Examiners, so as to urge physicians to distribute informational booklets on breast cancer to patients suspected of having breast cancer; and for other purposes. The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon: SB 82. By: Senators Barnes of the 33rd, Dean of the 31st, Trulock of the 10th, and others: 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 provide for a quality basic education in every school in Georgia; to provide for a statewide curriculum; to provide for instructional programs; to provide for grants to local units of administration for the operation of educational programs; to provide for essential instructional and support services resources; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON SB 82 The Committee of Conference on SB 82 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 82 be adopted. Respectfully submitted, FOR THE SENATE: /s/HSoennaotroarb,le50JtohhDn iCst.riFcot ster /s/Honorable Roy E. Barnes Senator, 33rd District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Ben Barren Ross Representative, 82nd District /s/Honorable William J. Dover Representative, llth District /s/Honorable Terrell A. Starr Senator, 44th District /s/Honorable Larry Walker Representative, 115th District 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 provide for a quality basic education in every public school in Georgia; to provide for a short title and for the purposes of this article; to state legislative intent concerning the achievement of certain goals; to provide for a state-wide curriculum; to provide for instructional programs; to provide for grants to local units of administration for the operation of educational programs; to provide for essential instructional and support services resources; to provide for public school personnel certification and other personnel regulations; to provide for the powers and duties of the State Board of Education, the State School Superintendent, and local units of administration; to provide for improved personnel and programs through innovation and incentives; to provide for staff development for personnel of local units of administration; to provide for regional educational service agencies; to provide for planning and evaluation 2114 JOURNAL OF THE HOUSE, of programs and services of local units of administration and for assessment of student achievement; to provide for middle schools, for capital outlay, and for the needs of small and sparsely populated local units of administration; to provide for a State Board of Postsecondary Vocational Education; to provide for vocational education; to provide for withholding of state funds under certain circumstances; to provide for penalties; to repeal Code Section 20-2-37 of the Official Code of Georgia Annotated, relating to annual reports by superintendents; to repeal Code Section 20-2-38 of the Official Code of Georgia Annotated, relating to reports from local officials; to repeal Code Section 20-2-56 of the Official Code of Georgia Annotated, relating to workshops for county and other boards; to repeal Code Section 20-2-61 of the Official Code of Georgia Annotated, relating to reorganizing schools; to repeal Code Section 20-2-670 of the Official Code of Georgia Annotated, relating to no discrimination; to repeal Code Section 20-2-671 of the Official Code of Georgia Annotated, relating to no tuition for certain persons; to repeal Code Section 20-2-720 of the Official Code of Georgia Annotated, relating to attendance reports; to repeal Code Section 20-2-941 of the Official Code of Georgia Annotated, relating to notice of renewal of contracts; to repeal Code Section 20-2-1030 of the Official Code of Georgia Annotated, relating to courses in health and physical education; to repeal Code Section 20-2-1031 of the Official Code of Georgia Annotated, relating to teacher training courses in health and physical education; to repeal Code Section 20-2-1032 of the Official Code of Georgia Annotated, relating to employment of supervisors and special teachers of health and physical education; to provide for enrollment by instructional program and full-time equivalency counts, certification, and applicant testing, state minimum salary schedules, career ladders and other compensation, program grants, and electronic technology plans from July 1, 1985, through July 1, 1986; to provide for all matters relative to the foregoing; to provide for construction; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Parti Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking in its entirety Article 6, known as the "Adequate Program for Education," relating to instructional and supportive services; cooperative educational service agencies; grants to local units for operation of educational programs; district power equalization; capital outlay funds; program standards, assessments, and improvements; powers and duties of the State Board of Education, State School Superintendent, and local units of administration; and other related matters, and inserting in lieu thereof a new Article 6 to read as follows: "ARTICLE 6 Part 1 20-2-130. This article shall be known and may be cited as the 'Quality Basic Education Act.' 20-2-131. The General Assembly of Georgia, recognizing the need for: (1) Implementing a quality basic education curriculum in public schools state wide which ensures that each student is provided ample opportunity to develop competencies necessary for lifelong learning as well as the competencies needed to maintain good physical and mental health, to participate actively in the governing process and community activities, to protect the environment and conserve public and private resources, and to be an effective worker and responsible citizen; (2) Providing all children and youth in Georgia with access to a quality program which supports their development of essential competencies in order that they may realize their potential; (3) Providing a financed public education structure which ensures that every student has an opportunity for a quality basic education, no matter where he lives, and ensures that all Georgians pay their fair share of this finance structure; WEDNESDAY, MARCH 6, 1985 2115 (4) Establishing and maintaining state-wide standards which ensure that each student may have access to a quality program; (5) Making teaching an attractive and rewarding profession in order to attract, retain, and fully utilize highly competent personnel in all public schools of the state; (6) Providing effective staff development and attractive incentive programs which will motivate public school personnel to enhance their competencies and perform to their potential throughout their career; (7) Providing local school systems with the incentives, resources, and technical assistance they need to plan and implement improvements in their programs on a continuing basis; (8) Providing parents and the general public with information on the quality of schools and the achievement of the public school students in Georgia; (9) Providing appropriate school facilities in which quality educational programs can be offered, particularly in the small and sparsely populated school systems; and (10) Providing a means whereby the foregoing might be met in order to provide an opportunity for a quality basic education to the citizens of the state and to discharge the responsibilities and obligations of the state to ensure a literate and informed society does establish the Quality Basic Education Program. It is declared to be the policy of this state to assure that each Georgian has access to quality instruction, as defined in this article, designed to improve upon a student's learning capacity. It is further declared that no student shall be refused admission into or be excluded from any public school in the state on account of race, creed, color, or national origin. 20-2-132. It is the intent of the General Assembly that the primary goals of this article shall be as follows: (1) A substantial reduction in the number of teachers who leave the teaching profession for reasons of job dissatisfaction; (2) A decrease in the percentage of students who enter high school but do not graduate; (3) The elimination of emergency teaching certificates and waivers for teaching outside of specialty; (4) A decrease in the percentage of students who fail the State Basic Skills Test in the tenth grade; (5) A significant increase in the test scores of Georgia students who take the Scholastic Aptitude Test (SAT); and (6) An increase in the number of students mastering each skill in reading, mathematics, or other subject test areas. Part 2 20-2-140. The State Board of Education shall establish competencies that each student is expected to master prior to completion of his public school education. The State Board of Education shall also establish competencies for which each student should be provided opportunities, at the discretion of the student and his parents, to master. Based upon these foregoing competencies, the State Board of Education shall adopt a uniformly sequenced core curriculum for grades kindergarten through 12. All local units of administration shall include this uniformly sequenced core curriculum as the basis for their own curriculum; although they may expand and enrich this curriculum to the extent they deem necessary and appropriate for their students and their community. 20-2-141. The State Board of Education shall establish on a quadrennial basis a review of the adopted competencies and uniformly sequenced core curriculum by a task force broadly representative of educational interests and the concerned public. After considering the findings and recommendations of the task force, the State Board of Education shall make such changes in the student competencies lists and core curriculum as it deems in the best interest of the state and its citizens and shall report such proposed changes to local school systems and the General Assembly for review. 2116 JOURNAL OF THE HOUSE, 20-2-142. (a) All elementary and secondary schools which receive in any manner funds from the state shall provide the following course offerings in the manner prescribed by the State Board of Education: (1) A course of study in the background, history, and development of the federal and state governments. The course in the study of federal and state governments shall be supplemented in each high school by a study of the local county and municipal governments. No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the course in governments provided for by this subsection; and (2) A course of study in the history of the United States and in the history of Georgia and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals. No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the courses in history and government provided for by this subsection. (b) (1) The State Board of Education and the commissioner of public safety shall jointly establish an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle. The course shall be designed to generate greater interest in highway safety and accident prevention. The State Board of Education and the commissioner of public safety shall jointly, by rules or regulations, determine the contents of the course and its duration. The commissioner of public safety shall make available officers or employees of the Department of Public Safety to teach the alcohol and drug course. The alcohol and drug course shall be offered periodically but not less than once annually in the public schools of this state to persons over 13 years of age in the manner prescribed by the State Board of Education. (2) All secondary schools which receive funds in any manner from the state shall make available to eligible students the alcohol and drug course provided in paragraph (1) of this subsection. (3) The commissioner of public safety shall make the alcohol and drug course, and instructors where necessary, available to the private schools in this state. In addition, the commissioner of public safety shall offer the alcohol and drug course periodically at various locations in the state in the manner provided by the Board of Public Safety. (4) The Department of Public Safety shall issue a certificate of completion to each person completing the alcohol and drug course. (5) The completion of the alcohol and drug course provided in paragraph (1) of this subsection shall not serve as an additional method for the restoration of the licenses of those persons whose drivers' licenses have been suspended or revoked pursuant to the laws of this state. (c) The State Board of Education shall prescribe a course of study in health and physical education for all grades and grade levels in the public school system and shall establish standards for its administration. The course may include instruction concerning the impact of alcohol, smoking, and drug abuse upon health and may occupy periods totaling not less than 30 minutes per day in kindergarten through grade eight or equivalent grade levels. A manual setting out the details of such courses of study shall be prepared by or approved by the State School Superintendent in cooperation with the Department of Human Resources, the State Board of Education, and such expert advisers as they may choose. Parts 20-2-150. (a) Except as otherwise provided by subsection (b) of this Code section, all children who have attained the age of five years by September 1 and all youth who have not yet received a high school diploma or its equivalent shall be eligible for enrollment in the appropriate general and special education programs authorized in this part including students who are married or unmarried, parents, or pregnant; provided, however, unless otherwise provided by law, the State Board of Education shall have authority to determine the eligibility of students for enrollment in kindergarten, grades one WEDNESDAY, MARCH 6, 1985 2117 through 12, and adult education programs of general, basic, and vocational education. Each local unit of administration shall have the authority to assign students who are married or unmarried, pregnant, or parents, or a combination thereof, to programs of instruction within its regular daytime educational program, provided that a local unit of administration may develop and implement special programs of instruction limited to such students within the regular daytime educational program. These programs may include instruction in prenatal care and child care. It is declared to be the policy of this state that general and occupational education be integrated into a comprehensive educational program which will contribute to the total development of the individual. (b) A child who was a legal resident of one or more other states for a period of two years immediately prior to moving to this state and who was legally enrolled in a public kindergarten or first grade, or a kindergarten or first grade accredited by a state or regional association, shall be eligible for enrollment in the appropriate general or special education programs authorized in this part if such child will attain the age of five for kindergarten or six for first grade by December 31 and is otherwise qualified. (c) All children enrolled in the public schools of this state prior to their seventh birthday shall become subject to all of the provisions of this article and the rules and regulations of the State Board of Education relating to compulsory school attendance even though they have not attained seven years of age. 20-2-151. (a) The primary purpose for the general and career education programs is to provide the children and youth of Georgia with a quality opportunity to master student competencies adopted by the State Board of Education through instruction which is based upon the uniformly sequenced core curriculum. (b) The following general and career education programs are for purposes of funding under this article authorized: (1) (A) All local school systems shall offer a full-day kindergarten program, beginning school year 1987-88. All kindergarten programs in which students are enrolled on a full-day basis shall be funded under this article on a full-day basis. Until fiscal year 1988, local school systems enrolling students on a half-day basis will be funded at one-half the funding rate for full-day programs; (B) For purposes of this Code section, the term 'full-day basis' means a student is provided classroom instruction for a minimum of four and one-half hours daily for a 180 day school year. For purposes of this Code section, the term 'half-day basis' means a student is provided classroom instruction of two and one-half hours or more but less than four and one-half hours daily for a 180 day school year; and (C) To be eligible for enrollment in a state supported kindergarten program, a child must attain the age of five by September 1, except as otherwise provided by subsection (b) of Code Section 20-2-150. (2) (A) It is the policy of the state that the purpose of the primary grades program shall be mastery by enrolled students of the essential basic skills and knowledge which will enable them to achieve more advanced skills and knowledge offered at the higher grade levels. For purposes of funding under this article, the primary grades program shall include grades one, two, and three; and (B) It is the policy of the state that the purpose of the kindergarten program shall be to provide all children with an equal opportunity to become prepared for a successful first grade experience and to acquire the foundation for academic progress throughout the students' educational career. To be eligible for enrollment in the first grade of a state supported primary grades program, a child must obtain the age of six by September 1, except as otherwise provided by subsection (b) of Code Section 20-2-150 and beginning in school year 1988-1989 must have achieved the state board established criterion score or scores on the school readiness assessment pursuant to Code Section 20-2-281. Such readiness assessment shall be provided to all children entering first grade within the 60 days immediately prior to September 1 of the year in which they enter the public schools of this state; provided, however, the readiness assessment of children may also be conducted during the last 30 days of the school year if the state board so directs. If a student does not achieve the state board criterion score or scores on a second annual assessment, 2118 JOURNAL OF THE HOUSE, the student shall be referred for consideration of special education services or special instructional assistance in accordance with State Board of Education regulations and procedures. Said student shall then be placed in the appropriate first-grade program. No student shall remain in a kindergarten program for more than two years. (3) It is the policy of this state that the primary purposes for the middle grades program shall be assuring the mastery of essential basic skills and knowledge, assisting the students in the transition from childhood to adolescence, and preparing students for the selection of programs and courses consistent with their abilities and interests when they enter high school, as well as providing an opportunity for mastery of essential but more advanced skills and knowledge. For purposes of funding under this article, the middle grades program shall include grades four, five, six, seven, and eight. (4) (A) It is the policy of this state that the primary purposes of the high school programs shall be to prepare students for the continuation of their education beyond high school and for entry into their chosen career field as well as to prepare them to take their place in society as young adults. The following high school programs for grades nine, ten, 11, and 12 are authorized for purpose of funding under this article: (i) The high school education program which includes general, vocational, and college preparatory classes; (ii) The nonvocational high school laboratory program; and (iii) The vocational laboratory program. (B) As a reflection of the reduced teacher-student ratios and more extensive material and equipment needed for effective laboratory courses compared to courses with no or only limited laboratory experiences, the high school and vocational laboratory programs shall be funded at a higher level than the high school general edu- cation program. The State Board of Education shall adopt criteria which courses must meet in order to qualify for either the high school or the vocational laboratory programs. 20-2-152. (a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who have special educational needs shall also be eligible for special education services. Children, ages zero through four years, whose handicapping condition is so severe as to necessitate early education inter- vention may be eligible for special education services through programs operated by state schools for the handicapped, the psychoeducational centers program, or through programs financed with local or federal funds. Such children and youth are defined as those who have emotional, physical, communicative, or intellectual deviations, or a combination thereof, to the degree that there is interference with school achievements or adjustments or prevention of full academic attainment and who require modifications or alterations in their educational programs. This shall include children who are intellectually gifted, mentally handicapped, behavior disordered, hospitalized or home bound, handicapped by a specific learning disability, orthopedically handicapped, autistic, hearing impaired, speech impaired, visually impaired, severely emotionally disturbed, and deaf-blind and who have any other areas of special needs which may be identified. The State Board of Education shall adopt classification criteria for each area of special education to be served on a state-wide basis, both for students to be served in a self-contained setting and those who can be served effectively in the regular classroom by itinerant personnel. The student-teacher ratio for each classified exceptionality shall remain as those used in determining the approved program weights as set forth in subsection (b) of Code Section 20-2-161, unless otherwise approved by the Governor and the General Assembly. (b) Local school systems shall, subject to any limitations specified in this Code section, provide special education programs for all eligible students with special needs who are residents of their school systems, either by establishing and maintaining such educational facilities and employing such professional workers as are needed by these students or by entering into a contract with other school systems, regional educational service agencies, or other qualified public or private institutions for such services. (c) (1) The State Board of Education shall provide for the funding which has been approved by the General Assembly for this purpose for special educational programs WEDNESDAY, MARCH 6, 1985 2119 for students with handicapping conditions which are either of such low incidence or of such severity that it is unfeasible or impractical to provide needed educational services through programs offered by local school systems. The State Board of Education may provide such educational services with funds specifically approved by the General Assembly for this purpose by: (A) Providing grants directly to regional educational service agencies for provision of services; (B) Authorizing local units of administration to contract with or make grants to suitable private or public institutions, or with both public and private institutions, inside or outside this state, for the provision of such services; provided, however, that the educational and related services of the child must be provided by professionals, such as teachers, speech therapists, and occupational therapists who meet the certification or licensing standards of their profession in the state in which the institution is located; (C) Authorizing local units of administration to contract with suitable public agencies and departments, including institutions in which eligible children are confined and out-patient centers serving eligible children, inside and outside this state, for the provision of such services; (D) Entering into reciprocal agreements with other states or political subdivisions thereof for the provision of such services; or (E) Operating the Georgia School for the Deaf, the Georgia Academy for the Blind, the Atlanta Area School for the Deaf, and other special schools as approved by the General Assembly. (2) The State Board of Education may promulgate rules, regulations, and standards and establish the terms and conditions governing the provision of state aid provided for this purpose by the General Assembly under this subsection and perform any and all acts necessary or proper to carry out the provisions, intent, and purpose of this subsection. (d) (1) The following special education programs for purposes of funding under this article are authorized for the public schools of this state: (A) Program for the resourced mildly handicapped; (B) Program for the resourced moderately handicapped; (C) Program for the self-contained moderately handicapped; (D) Program for the self-contained severely handicapped; and (E) Program for the gifted students. (2) For the purposes of this subsection, the term 'self-contained' means the student is instructed by an appropriately certificated special education teacher for half or more of the school day. For the purposes of this subsection, the term 'resourced' means the student is instructed by an appropriately certificated special education teacher for less than half of the school day. (3) The State Board of Education shall adopt criteria which shall be used to determine the eligibility of a student for a state funded special education program. The student-teacher ratio for each special education program shall remain as those used in determining the approved program weights as set forth in subsection (b) of Code Section 20-2-161, unless otherwise approved by the Governor and the General Assembly. The State Board of Education shall declare to the General Assembly prior to the fiscal year 1987 appropriations consideration, and annually thereafter, the pupilteacher ratio for each special education program and shall request any subsequent changes in such ratios which affect cost to the General Assembly or to the local system. 20-2-153. The state board shall create a special instructional assistance program for the purpose of assisting students who have identified developmental deficiencies which will result in problems in maintaining a level of performance consistent with the expectations for their respective ages. Only students enrolled in grades kindergarten through five who have documented developmental levels below expectations for their respective ages that are not attributable to a discernible handicapping condition and who are not enrolled in either the remedial compensatory education program or any of 2120 JOURNAL OF THE HOUSE, the special education programs shall be eligible for the special instructional assistance program; provided, however, that students with physical handicaps whose special education services consist solely of therapy related to the physical handicap shall be eligible for the special instructional assistance program if they meet all other criteria of this Code section. The State Board of Education shall specify the instruments and process which shall be used to determine student eligibility for this program, including specification of the student eligibility criteria to be applied, the allowable educational services to be provided under this Code section, and the funding guidelines to be used in distributing state funds to participating local school systems. Such policies and guidelines shall be submitted to the General Assembly for review and comment prior to the request for funding by the State Board of Education. Each local school system shall annually report by grade level the number of eligible students, the types of services provided, and the average achievement of students served. The State Board of Education shall request funds for the special instructional assistance program for fiscal year 1988 and annually thereafter. The state board shall base grants, subject to appropriation by the General Assembly for this purpose, to local school systems upon the documented number of students needing such services. Funds, if any, appropriated for this program shall be adjusted in a manner which directs funds toward addressing the needs of the youngest eligible students in each local school system. 20-2-154. The State Board of Education shall create a remedial education program. Only students in grades two through five who are achieving one-half year or more below grade level, or its equivalent, in reading or mathematics as documented by a state board approved standardized achievement test, students in grades two through five who are achieving at or below the twenty-fifth percentile in reading or math, as documented by a nationally standardized norm-referenced test by grade level, ninth grade students who are achieving at one year or more below grade level, or its equivalent, in reading or mathematics as documented by a state board approved standardized achievement test, and students in grades ten through 12 who have not passed the mathematics or the reading section of the state's basic skills test shall be eligible for the remedial education program. Students who are participating in a special instructional assistance program as authorized by Code Section 20-2-153 shall not be eligible for the remedial education program. Students with mental or physical handicapping conditions, or both, who are receiving remedial instruction as a part of their special education program shall not be eligible for the remedial education program pursuant to this Code section; provided, however, that students with mental or physical handicapping conditions, or both, whose special education services consist solely of therapy related to their handicapping conditions shall be eligible for the remedial education program if they otherwise meet the criteria of this Code section. Students in grades two through five shall only receive instruction at any given time at their current performance level or slightly above such level in these subject matter areas for which they are eligible under the provisions of this Code section; provided, however, that the program of instruction is designed to move the student to grade level or higher in the shortest possible time while ensuring mastery as the student progresses. Each local unit of administration shall submit to the state board by July 1 of each year the average achievement scores of all students by subject area and grade level who were receiving instructional services under the provisions of this Code section. If appropriate evaluation data is not received by the State Board of Education by the above date, the subsequent allocation of funds under this Code section for the next fiscal year shall be withheld. The State Board of Education shall monitor each local school system's remedial education program at least once each year. The State Board of Education shall annually request sufficient state funds to pay a pro rata share of the costs associated with the staff of the federal compensatory education program for disadvantaged children when such staff is used to evaluate the remedial education program provided under this Code section in conjunction with the evaluation of the federal compensatory education program for disadvantaged children in the same school system. 20-2-155. (a) The State Board of Education shall establish a state-wide School Cli- mate Management Program to help local schools and systems requesting assistance in WEDNESDAY, MARCH 6, 1985 2121 developing school climate improvement and management processes. Such projects will be designed to optimize local resources through voluntary community, student, teacher, administrator, and other school personnel participation. These processes will be designed for, but will not be limited to, promoting positive gains in student achievement scores, student and teacher morale, community support, and student and teacher attendance, while decreasing student suspensions, expulsions, dropouts, and other negative aspects of the total school environment. The state board upon request is authorized to provide the necessary on-site technical assistance to local schools and systems and to offer other assistance through regional and state-wide conferences and workshops, printed material, and such other assistance as may be deemed appropriate under this subsection. The State Board of Education shall, upon request of a local school system, produce model codes of behavior and discipline and shall produce guidelines for application and administration of such codes. The results of this program shall be annually presented to the General Assembly for review in determining future appropriation under this Code section. (b) The state board is authorized to create an in-school suspension program. As the vast majority of the students who disrupt public school classrooms are also experiencing problems in mastering classroom assignments and are below expectation in their academic achievement, it is the policy of this state that it is preferable to reassign disruptive students to isolated, individually oriented in-school suspension programs, rather than suspending or expelling such students from school. Therefore, the primary purposes of the in-school program are to isolate the offending students from the regularly assigned classrooms and activities of the school, to continue progress relative to classroom assignments, and to provide individually oriented instruction in essential skills and knowledge areas for which low achievement levels are contributing to the students' adjustment problems. The in-school programs may be housed in the regular assigned schools, special schools specifically organized for suspension programs, or alternative schools, provided the suspended students are isolated from typical school activities until they demonstrate sufficient adjustment to warrant their returning to their previously assigned classes. The State Board of Education shall adopt regulations, standards, and eligibility criteria necessary to guide the effective operation of state supported in-school suspension programs. The State Board of Education shall also grant local school systems sufficient funds based upon documented needs to operate in-school suspension programs. 20-2-156. The State Board of Education shall create a program for limited Englishspeaking students. The purpose of this program is to assist students who have limited fluency in the English language develop fluency in the English language. The state board shall grant those funds approved for this purpose by the General Assembly to local school systems based upon documented needs to operate the programs. The state board shall prescribe such rules and regulations regarding eligibility criteria and standards as may be needed to carry out the provisions of this Code section. Part 4 20-2-160. (a) At three different times during the school year, preferably late fall, early winter, and late winter, as designated by the State Board of Education, the enrollment by instructional program as authorized under this article for each student shall be reported to the Department of Education. This enrollment report shall indicate the student's specific assigned program for each one-sixth of the school day on the designated reporting date. No program shall be indicated for a student for any portion of the school day that the student is assigned to a study hall or any noncredit course, a driver's education course, a course recognized under this article or by State Board of Education policy as an enrichment course, a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis, a course in which the student serves as a student assistant to a teacher, in a school office or in the media center, except when such placement is an approved work site of a recognized career or vocational program, an individual study course for which no outline of course objectives is prepared and retained, or any other course or activity so designated by the State 2122 JOURNAL OF THE HOUSE, Board of Education. For the purpose of this Code section, the term 'enrichment course* means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the State Board of Education under Code Section 20-2-140. Nor shall a program be indi- cated for a student for one or more sixths of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days. Nor shall a program be indicated for a student for one or more sixths of the school day if the student is charged either tuition or fees as a condition of enrollment or full participation in the instructional program; provided, however, that a student who resides outside the school system may be included in the count for a pro- gram for which tuition and fees, or a combination thereof, do not exceed the average locally financed per student cost for the preceding school year, excluding the local fair share funds required pursuant to Code Section 20-2-164. A student who is enrolled in a regionally accredited postsecondary institution may be counted for the high school program for that portion of the day that the student is attending the postsecondary institution; provided, however, that the student is attending the high school at least one- half of the school day and that the student's postsecondary program is approved by the high school principal or his designee. The State Board of Education shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The State Board of Education shall also establish criteria under which a student shall be counted as a resident or a nonresident student including specific circumstances which may include, but not be limited to, students attending another school system under court order or under the terms of a contract between two school systems. If a local school system has a justifiable reason, it may seek authority from the State Board of Education to shift the FTE counts from the desig- nated date to a requested alternate date. (b) The sum of each school system's one-sixth day counts for each state recognized program shall constitute the full-time equivalent (FTE) program count for the system. The average of each system's most recent three full-time equivalent program counts shall be the FTE count used to compute the funds needed to finance the program for the ensuing year. 20-2-161. (a) The instructional programs for grades four through eight are declared to be the base program against which the cost of all other instructional programs shall be compared. The General Assembly shall annually establish through the General Appropriations Act the amount of funds needed by each full-time equivalent student in order that the base program can be sufficiently funded to provide quality basic edu- cation to all enrolled students. This amount of funds shall be known as the 'base amount' and shall reflect program components reflected in the program weight for the middle grades program in Code Sections 20-2-182 through 20-2-186 and 20-2-251. (b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of the students enrolled, it shall be the policy of this state that state authorized instructional programs shall have the following program weights: (1) Kindergarten program 1.329 (2) Primary grades program (1-3) 1.237 (3) Middle grades program (4-8) 1.000 (4) High school general education program (9-12) 0.996 (5) High school nonvocational 1.295 laboratory program (9-12) (6) Vocational laboratory 1.322 program (9-12) (7) Program for the resourced mildly handicapped 2.139 WEDNESDAY, MARCH 6, 1985 2123 (8) Program for the resourced moderately handicapped 2.486 (9) Program for the self-contained moderately handicapped 3.018 (10) Program for the self-contained 3.897 severely handicapped (11) Program for the gifted students 1.430 (12) Remedial education program 1.314 (c) There shall be calculated annually the total funds needed for a Quality Basic Education Program for each local school system. Such total shall represent the product of the following calculations for each of the programs identified in subsection (b) of this Code section: (1) Multiply the average Full-Time Equivalent (FTE) program count pursuant to subsection (b) of Code Section 20-2-160 by the respective program weight established in subsection (b) of this Code section; (2) Multiply the product computed in paragraph (1) of this subsection by the Base Amount as established in the General Appropriations Act; and (3) Add the product computed in paragraph (2) of this subsection to the program adjustment amount for training and experience for the said instructional program in accordance with subsection (d) of this Code section. (d) The State Board of Education shall annually calculate for each instructional program provided for in subsection (b) of this Code section for each local school system the amount of additional funds needed beyond the amounts reflected in the Base Amount and the program weights, in order to pay the state minimum salaries pursuant to Code Section 20-2-212 and the responsibility supplement pursuant to Code Section 20-2-214. The calculation of such additional amount shall be based on the qualified personnel who were employed by the local school system as of a state board specified date during the current fiscal year. Such additional amount shall be known as 'program adjustment amount for training and experience.' (e) As the relative costs of the various program components will change over time and as some components will need to be added or removed, the Governor is authorized to appoint a task force every three years for the purposes of reviewing the effectiveness of existing program weights and recommending to the General Assembly any changes deemed to be needed. This task force shall be comprised of members or staff of the General Assembly, the State Board of Education, and the Governor's office and representatives of local school systems. The process and associated components contained within this Code section shall be known as the 'Quality Basic Education formula.' 20-2-162. The State Board of Education shall annually recalculate the total amount needed under the Quality Basic Education formula for the current fiscal year using the average of the most recent three FTE counts. If the total amount needed by each local system when recalculated is greater than the initial amount calculated, then the state board shall increase the total allotment for said system by the difference between the recalculation and the initial calculation. The total amount of increased funding required by the midterm adjustment shall be requested of the General Assembly and shall demonstrate for each receiving system the average FTE count used in the initial calculation compared to the midterm average count for each program category system wide. If the recalculation for a local school system is less than the initial calculation, the amount of funds initially allotted to said school system shall not be reduced for the current school year. Local school systems which fail to provide the state board with complete full-time equivalent student counts by instructional program by the state board specified dates shall not be eligible for recalculation of their current year allotment. 20-2-163. (a) If any local school system prior to January 1, 1985, has entered into a contract with an adjoining local school system to educate all of its students in one or more grade levels and if such contract stipulates that an amount of local revenue be 2124 JOURNAL OF THE HOUSE, transferred between the local school systems for the purpose of providing financial support for the education of the transferred students, the state shall provide a grant to the local school system in which the students reside which shall not exceed the amount of funds transferred pursuant to said contract in effect during fiscal year 1985. This grant shall commence in the fiscal year 1987 school year or in any other year during which Code Sections 20-2-164 and 20-2-165 are implemented and shall continue in ensuing years for the duration of the contract period as specified in the contract on January 1, 1985. However, if the terms of the contract provide for a lesser amount to be transferred in fiscal year 1987 or in any ensuing year than was transferred in fiscal year 1985, the amount of the state grant shall be reduced to correspond with the amount actually transferred during the same fiscal year that the grant is distributed. (b) If any local school system is receiving local revenue from an adjoining local school system under the terms of a contract as specified in subsection (a) of this Code section, the state shall reduce any equalization funds earned pursuant to Code Section 20-2-165 by the local school system which is receiving the transferred local revenue. The equalization grant shall be reduced by an amount equal to the grant which the adjoining local system receives pursuant to subsection (a) of this Code section. However, if the amount of local revenue transferred from the sending local school system is greater than the equalization grant earned by the receiving local school system in that year, the reduction in funds granted to the receiving local school system shall not exceed the amount of the equalization grant to which said system would otherwise have been qualified. 20-2-164. (a) The State Board of Education shall calculate the amount of local fair share funds the local school system shall be required to spend each fiscal year to support the Quality Basic Education Program; provided, however, that the local fair share for any local school system shall not exceed one-half of the amount calculated pursuant to paragraph (1) of subsection (a) of Code Section 20-2-166. The amount of each local school system's local fair share shall be calculated as follows: (1) Multiply the most recent equalized adjusted school property tax digest for the school system by .4; (2) From the product calculated in paragraph (1) of this subsection deduct the total amount calculated pursuant to subsection (g) of this Code section; and (3) Multiply the remainder calculated in paragraph (2) of this subsection by .004 for fiscal year 1987 and by .005 for fiscal year 1988 and thereafter. (b) (1) Each local school system shall apply the total amount of its local fair share funds to any combination of programs funded under this article; provided, however, that no portion of the local fair share funds is applied to the financing of educational programs and services operated at the option of the local school system or for any grant program which explicitly excludes the application of local funds or which explicitly requires an application of local funds other than from the local share. (2) The local school system may apply revenues toward the local fair share from any source except funds derived from the federal government which were not designed to replace local tax revenues, the state, student tuition and fees, and the transfer of funds from another local unit of administration. (c) (1) The state auditor shall furnish to the State Board of Education the equalized adjusted school property tax digests in accordance with Code Section 48-5-274. (2) Except as provided in paragraph (3) of this subsection, the sums of the most recent equalized adjusted school property tax digests, as shown on the state auditor's ratio study reports, which are due on November 15 immediately preceding the beginning of a school year, shall be used to make the calculations required by subsection (a) of this Code section for each fiscal year. (3) For a local school system whose most recent actual property tax digest approved by the Department of Revenue is at least 5 percent less than the actual property tax digest approved by the Department of Revenue for the same year as the equalized adjusted school property tax digest furnished by the state auditor and such reduction is due to more accurate assessments or actual loss in tangible property, or a combination of these two factors as determined by the Department of Revenue, the WEDNESDAY, MARCH 6, 1985 2125 product of the equalized adjusted school property tax digest furnished by the state auditor multiplied by the ratio that the most recent actual property tax digest approved by the Department of Revenue bears to the actual property tax digest approved by the Department of Revenue for the same year as the equalized adjusted school property tax digest shall be used to make the calculations required in subsection (a) of this Code section for said system. (d) Each municipality having an independent school system and each county government shall annually provide the Department of Revenue with the following information for each local school system within its jurisdiction: (1) The total number of granted state-wide constitutional homestead exemptions for occupied homes pursuant to Code Section 48-5-44 exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52; (2) The total number of granted state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48; and (3) The amount of tax revenues by source which have been distributed by said local government to local school systems for school maintenance and operation. Such data shall be submitted to the Department of Revenue no later than the date required for the submission of the local tax digests to the Department of Revenue. (e) The Department of Revenue shall annually furnish the State Board of Education with the following data for each local school system by November 15: (1) All tax revenues by source for the preceding fiscal year which were distributed for school maintenance and operation; provided, however, such tax revenues shall exclude any state revenue collections which were previously distributed to the state general fund and then appropriated or allocated to local school systems; (2) The number of exemptions granted for state-wide constitutional homestead exemptions for owner occupied homes pursuant to Code Section 48-5-44, exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52, for the preceding calendar year; and (3) The number of exemptions granted for state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48 for the preceding calendar year. (f) The Office of Planning and Budget shall annually furnish the State Board of Education with the estimated number of individuals age 65 or older residing in each local school system and the estimated percent that such individuals are of total population for each local school system. The Office of Planning and Budget shall furnish, upon request of the General Assembly, all such information as is deemed necessary by the General Assembly regarding the procedure for estimating this percent. (g) For purposes of calculation under this Code section and Code Section 20-2-165, the equalized adjusted school property tax digest shall be reduced by the sum of the following products: (1) The product of the number of constitutional homestead exemptions for owner occupied homes pursuant to Code Section 48-5-44 granted for that year exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52 multiplied by the amount per exemption authorized under that Code section; (2) The product of the number of constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48 granted for that year multiplied by the amount per exemption authorized under that Code section; (3) The product of the estimated number of persons age 65 or older residing in the local school system during that year multiplied by 5,000; and (4) The product which results from the following calculations: (A) Subtract the estimated state-wide percentage that persons age 65 or older is of the total population, excluding military personnel and institutional population, during the year from the respective percentage for the said local school system. If the respective percentage for the local school system is less than the state-wide percentage, a difference of zero will be used in the calculations in this paragraph; (B) Multiply the difference which results from subparagraph (A) of this paragraph by 1,000; and 2126 JOURNAL OF THE HOUSE, (C) Multiply the product which results from subparagraph (B) of this paragraph by this estimated number of persons age 65 or older residing in the local school system during that year. (h) In the event a local school system fails to provide for or to use the amount of local funds required to be raised and applied by the local school system toward the support of the Quality Basic Education Program as defined by this article during any fiscal year, the state board shall calculate the total amount of such funds which was not raised or used in support of such programs and add that amount to the local fair share being required of the local school system for the next ensuing fiscal year. Further, should the state auditor cite an audit exception which requires that a local school system return an amount of funds to the state general fund, the State Board of Education shall add said amount to the local fair share of the local school system for the next ensuing year if the board has not been provided documentation that the said amount has already been paid to the state general fund. Such additions will thereby reduce the amount of state funds which shall be allotted to such local school systems. If the State Board of Education deems it unlikely that any local school system will fulfill its obligation rela- tive to its assessed local fair share or any other provisions of this article for any fiscal year, the State Board of Education may withhold any portion or all of the state funds to be allotted during the fiscal year. 20-2-165. (a) As used in this Code section, the term: (1) 'Assessed valuation' means 40 percent of the equalized adjusted school property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164. (2) 'Assessed valuation per weighted FTE' means the assessed valuation for the most recent year available divided by the average weighted FTE count for the year of the digest. (3) 'Effective millage rate' means local tax revenues divided by the assessed valua- tion multiplied by 1,000. (4) 'Eligible full-time equivalent program count' means the sum of the full-time equivalent resident student count and FTE nonresident student count pursuant to subsection (b) of Code Section 20-2-160 for each program which has a program weight authorized pursuant to subsection (b) of Code Section 20-1-161; provided, however, that each full-time nonresident student count for each program shall not exceed the lesser of the count for fiscal year 1986 or the count for any ensuing fiscal year. (5) 'Equalized adjusted school property tax digest' means the most recent equal- ized adjusted school property tax digest furnished to the State Board of Education pursuant to subsection (d) of Code Section 20-2-164. (6) 'Guaranteed valuation school system' means the local school system ranking at the ninetieth percentile in dollars of assessed valuation per weighted FTE, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted FTE. (7) 'Local tax revenues' means the sum of tax revenues for a local school system as furnished to the state board by the Department of Revenue pursuant to subsection (e) of Code Section 20-2-164, plus any federal funds designed to replace local tax reve- nues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable documentation which clearly identifies the source or sources of such federal funds. (8) 'Most recent average weighted FTE count' means the average of the three most recent weighted FTE counts, except that for fiscal year 1987 it shall mean the average of the first two weighted FTE counts collected during fiscal year 1986. (9) 'Qualified local school system' means any local school system having an assessed valuation per weighted FTE count for the year of the digest ranking below the guaranteed valuation school system and having an effective millage rate greater than the millage rate applied to calculate the local fair share pursuant to subsection (a) of Code Section 20-2-164. (10) 'Weighted FTE count" means the sum of all eligible full-time equivalent pro- gram counts multiplied by their respective program weights in effect during the fiscal year that the FTE counts were obtained pursuant to Code Section 20-2-161. WEDNESDAY, MARCH 6, 1985 2127 (11) 'Weighted FTE for the year of the digest' means the average of the three weighted FTE counts taken during that fiscal year beginning during the year of the digest; except that for fiscal year 1987 it shall mean the average of the first two weighted FTE counts collected during fiscal year 1986 multiplied by the ratio that the annual average daily membership for fiscal year 1985 is to the average of all eligible FTE counts for fiscal year 1986. (b) The State Board of Education shall annually calculate the equalization grant for each qualified local school system in the following manner: (1) Subtract the assessed valuation per weighted FTE for the said system from the assessed valuation per weighted FTE for the guaranteed valuation school system; (2) Divide the difference resulting from paragraph (1) of this subsection by 1,000; (3) Subtract the millage rate applied to calculate the local fair share pursuant to subsection (a) of Code Section 20-2-164 from the effective millage rate for said school system and select the resulting number of effective mills or three effective mills, whichever is less, as the number of effective mills to be equalized; (4) Multiply quotient resulting from paragraph (2) of this subsection by the number of effective mills to be equalized pursuant to paragraph (3) of this subsection; (5) Multiply the product resulting from paragraph (4) of this subsection by the most recent average weighted FTE count for the said local school system; and (6) The resulting amount shall be the equalization grant for the ensuing fiscal year. However, if a local school system has an assessed valuation per weighted FTE count for the year of the digest ranking below the guaranteed valuation school system and has less than three effective mills to be equalized pursuant to paragraph (3) of this subsection and if the actual property tax millage levied by the local school system for maintenance and operation in 1985 exceeds the actual property tax millage rate levied by the local school system for maintenance and operation in 1984, the effective millage calculated pursuant to paragraph (3) of this subsection for the purpose of determining equalization grants for fiscal year 1987 only shall be increased by the ratio that the 1984 actual property tax millage is to the 1985 actual property tax millage, except that such increase shall not cause the effective mills to be equalized to exceed three mills. (c) The State Board of Education shall allocate respectively the amount calculated under subsection (b) of this Code section to each qualified local school system. No portion of local fair share shall be applied to such equalization grants. In the event sufficient funds are not appropriated in a fiscal year to the State Board of Education to allot the full amount of equalization grants calculated to be payable to qualified local school systems as provided in this Code section, the State Board of Education shall proportionately reduce the amount of funds to be allocated to qualified local school systems. The State Board of Education is authorized and directed to adopt and promulgate such rules and regulations as the State Board of Education deems necessary or desirable to implement and carry out the intent of this Code section. 20-2-166. (a) The State Board of Education shall calculate the total amount of state funds to be allotted to a local school system by: (1) Adding the amount needed by the said local school system for categorical and incentive grants authorized under the provisions of this article to the amount needed by the said local school system for the instructional programs funded under the Quality Basic Education formula pursuant to subsection (c) of Code Section 20-2-161; (2) Subtracting the amount of funds required by the said local school system for the local fair share pursuant to Code Section 20-2-164 from the sum in paragraph (1) of this subsection; and (3) Adding, if the said local system qualifies, the equalization grant pursuant to subsection (c) of Code Section 20-2-165 to the difference in subsection (b) of this Code section, the resulting amount of funds being the amount of state funds which the State Board of Education shall allot over the course of the fiscal year to the said local school system, except that the amount of state funds allotted may be increased by the midyear adjustment as provided in Code Section 20-2-162. The State Board of Education shall, to the extent necessary, reduce the amount of state funds to be allocated 2128 JOURNAL OF THE HOUSE, to local school systems in support of the Quality Basic Education Program or in support of any of the purposes for which state funds might be allotted to local school systems under this article if the amount of state funds appropriated in support of such program or in support of any one or more of the purposes for which allotments of funds are provided for by this article is not adequate to finance the cost of the state portion of such program or such purposes, determined in accordance with this article, (b) The State Board of Education shall, by regulation, provide for distribution of state funds allotted to local units under this article and budgets approved by the state board. In determining the time and manner for distribution of state funds, the state board may, in its discretion, consider the time at which local school tax funds shall be collected and made available to the several local units of administration; and the state board is authorized to provide for distribution of state funds to local units at such times and in such manner as will most likely meet the periodic needs of local units for the state allotted funds, provided state funds appropriated for such purposes are available at such times. State funds to be distributed to local units under this article shall be withdrawn from the state treasury on requisitions to be signed by the State School Superintendent, which shall be signed in accordance with such regulations and directions of the state board. 20-2-167. (a) The State Board of Education shall annually compute for each local school system the total funds needed for the categories of direct instructional costs for each program identified in Code Section 20-2-162, the total funds needed system wide for media center costs, and the total funds needed system wide for staff development costs. In computing the total funds needed for these categories, the State Board of Education shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for each instructional program for handicapped students shall be summed into one amount for special education. Of the total funds designated for direct instructional costs for each program, a minimum of 90 percent shall be spent on such program, except as modified in this subsection. Each local school system shall spend a minimum of 90 percent of the total system-wide funds designated for each of the media and staff development categories in the category for which the funds were earned. In the event any local school system should fail to encumber at least 90 percent of such funds as intended, the state board shall increase the local fair share for an ensuing year by the difference between the actual amount encumbered and the 90 percent amount for each underexpenditure. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional materials, or any other appropriate instructional expense. (b) (1) The State Board of Education shall establish a computerized uniform budget and accounting system as a component of the comprehensive information retrieval system and shall establish uniform regulations to be implemented by local units of administration. For those systems which have inadequate telephone service to participate in this computerized system, the state board shall design a retrieval system to receive the budget and accounting information within acceptable time limitations for planning, accountability, funding, and reporting purposes. The computerized uniform budget and accounting system shall conform to the generally accepted governmental accounting principles which shall include, but not be limited to, the following costing information: (A) Instructional program involved; (B) Whether basic education or enrichment in purpose; (C) Fund source or sources; and (D) Major program components such as instructional personnel, instructional operations, facility maintenance and operation, media center operation, school administration, system administration, or staff development. (2) The State Board of Education is authorized to prescribe information that must be submitted to the board and the time it must be submitted. The board is authorized to establish a financial review section for the limited purpose of reviewing financial WEDNESDAY, MARCH 6, 1985 2129 records and accounting of local boards and assisting local units of administration in training personnel in financial and budgetary accounting. (c) The State Board of Education is authorized to prescribe a date by which each local unit must submit a budget to the state board. The regulations developed by the state board must make adequate provision for local review and modification prior to local approval and submittal to the State School Superintendent. The State School Superintendent shall provide for the examination and preparation of a written report on the budget of each local unit and submit a copy to the state board and to the respective local unit. The state board shall either accept or reject the budget of a local unit. (d) The standards set forth in this article as such minimum requirements for funds shall be construed as setting out a basic plan for the direction of the State Board of Education in planning a program and presenting proposals to the Governor and to the General Assembly. Nothing in this article shall be construed as amending or modifying in any way Part 1 of Article 4 of Chapter 12 of Title 45, known as the 'Budget Act.' The state board shall, in all of its programs involving allocation or expenditure of funds, be governed and controlled by Part 1 of Article 4 of Chapter 12 of Title 45 and all other laws of general application pertaining to the handling and expenditure of state funds, none of which are amended, modified, or repealed by this article unless specifically so provided in this article. 20-2-168. (a) All federal funds received by the State Board of Education for purposes contained within this article shall be apportioned and distributed by the state board in a manner consistent with this article as additional aid to local units of administration in defraying the cost involved in establishing and operating approved programs subject to such rules and regulations as may be prescribed by the state board and in accordance with the approved state plan for such programs, where applicable. (b) Admission to the instructional programs funded under this article and located in the public elementary and secondary schools of the state shall be free to all eligible children and youths enrolled in such programs, except as provided for in Code Section 202-160. (c) (1) Except as otherwise provided in this subsection, public elementary and secondary schools of this state receiving state aid under this article shall be operated so as to provide that each eligible student has access to no less than 180 school days of education each fiscal year. The State Board of Education shall define the 180 days of education and the length of the school day within each fiscal school year. (2) In the event that at the end of the last complete week of the school year two or fewer days remain for completion of the regular 180 day school year, a local board of education is not required to continue school into the following week if the additional days otherwise needed are the result of days when school was closed due to emergency, disaster, act of God, civil disturbance, or shortage of vital or critical material, supplies, or fuel. In any such case, the school year applicable to that local board of education may terminate, in the discretion of the local board, at the end of the last school day of the last complete week of the school year otherwise provided for in this subsection. Nothing in this paragraph shall be construed to relieve certified personnel from their obligations to work the number of days specified in their employment contracts. (3) Each fiscal school year shall begin on July 1 and end on June 30 of the following year. (4) Any provision of this subsection or this article to the contrary notwithstanding, when the President of the United States proclaims a national emergency, or when the Governor proclaims a state of emergency, or when, because of disaster, civil disturbance, or a shortage of vital and critical material, supplies, or fuel, the continued operation of the public schools according to the definitions of school year, school month, or school day is impractical or impossible, then the state board shall have the power to authorize local boards of education to depart from a strict interpretation of these definitions, and such departure need not be uniform throughout the state, it being the intent of this subsection to allow the continuation of public school education in this state under the unusual conditions described. 2130 JOURNAL OF THE HOUSE, (d) The board of education of any local unit of administration may provide for continued operation of one or more public schools of the local unit for a period of time beyond the normal school year provided for in subsection (c) of this Code section for the purpose of providing summer school education programs, including the continuation of one or more instructional programs provided for in Part 3 of this article, enrichment of prescribed school programs, accelerated school programs, special programs of education enumerated or coming within the scope of this article, and such other education programs as may be approved by the State Board of Education; provided, however, that all such programs shall meet and be offered in accordance with such standards, requirements, and criteria as may be prescribed by the state board. Teachers and other professional school personnel employed full time or part time during such period shall be paid additional salary based on the state minimum monthly salary schedule, in proportion to the time and services rendered by such personnel. No additional state funds shall be allotted to local units in support of such programs unless the General Assembly authorizes funds for this purpose. The state board is authorized, to the extent that funds may be available for this purpose as authorized by the General Assembly, to allot additional state funds to local units in support of all or any one or more of such summer school education programs. The extent to which additional state funds may be allotted local units in support of any one or more of such programs shall be determined by the state board but shall not in any event exceed the ratio of state funds to local funds made available to the local unit during the preceding school year in support of the calculated cost of providing the Quality Basic Education Program in the local unit during that school year. The state board is authorized to determine the relative need for establishment of any one or more of the various summer school education programs enumerated in this subsection, to establish priorities for implementation of such programs, and to allot funds appropriated for this purpose to local units of administration in support of those programs. (e) (1) It is declared to be a policy of this state that every effort is to be made to utilize currently available educational facilities and equipment on a year-round basis. The State Board of Education shall certify that a local school system has a year-round operation for one or more grade levels, or equivalent age levels, for any instructional program as provided for in Part 3 of this article which meets the following criteria: (A) That the operation of the program is for 220 official attendance days or more constituting four quarters or any plan for year-round operation approved by the state board; (B) That for a student's first 165 or more days constituting three quarters or an equivalent plan approved by the state board, attendance shall be on a tuition-free basis; and (C) That the program is offered for all official attendance days in accordance with such standards, requirements, and criteria as may be prescribed by the state board. (2) The allotment of funds to a local school system under the Quality Basic Education formula pursuant to Code Section 20-2-161 and for categorical grants pursuant to Code Section 20-2-164 for any portion of a program of such local school system which is certified by the state board as being operated on a year-round basis under this subsection shall be funded in accordance with the following procedure: add to the average full-time equivalent (FTE) counts for said programs computed pursuant to Code Section 20-2-160 and as is adjusted midyear pursuant to Code Section 20-2-162 the FTE count divided by three for all students who were enrolled not less than 90 official calendar days during the fiscal year in the said program, but who were not enrolled in any instructional program and thereby were not counted in an FTE on one of the three state board designated dates for enrollment count pursuant to Code Section 20-2-160. (3) The state board shall have the authority to prescribe requirements and standards for the distribution, use, and expenditure of funds allotted under this subsection; provided, however, that, upon implementation of this Code section on a state-wide basis or in any particular local school system, state funds shall be made WEDNESDAY, MARCH 6, 1985 2131 available to all local school systems or to the particular local school system as the case may be, for such purpose on the same basis and at the same ratio at which state funds were made available to the local school system in support of the calculated cost of providing a Quality Basic Education Program in a local school system as provided under this article for students enrolled for 180 official attendance days during a fiscal year. (f) (1) The State Board of Education, from time to time, through study and after consultation with the director of the Purchasing and Supplies Division of the Department of Administrative Services, representatives of local units of administration, and with such others as the state board may deem it advisable to consult, shall determine whether an overall substantial price advantage to local units of administration may be obtained by means of a combined bid by local units through the State School Superintendent and the Department of Administrative Services on standard items of school equipment, supplies, or services or other standard expenses, to be designated by the state board, ordinarily needed, procured, or incurred by local units during the fiscal school year, without a sacrifice of safety or quality. If the state board shall determine that such a price advantage to local units may be obtained by such means on any one or more of such items or expenses, the state board shall, after consultation with such persons, establish sets of uniform standard specifications for such item or items as may reasonably be required in order to meet the various needs and requirements of the several local units of administration. Local units of administration shall, at such times as the state board shall prescribe, report the probable annual requirement of the local unit for such standard items to the state board and the requested time for future delivery of such items. The state board shall compile such requirements and submit a compilation of them to the Department of Administrative Services, together with such other information as may be needed or otherwise requested by the Department of Administrative Services for the purpose of advertising for bids for a uniform state price on such items. (2) The Department of Administrative Services shall advertise for bids for supply of such items in the same manner followed for state purchases; provided, however, that the Department of Administrative Services shall inform prospective bidders that the bid requested is for the furnishing of such items to the designated local units of administration at the times specified on the basis of a single state price applicable to all local units of administration, that payment for such items as may be purchased by local units shall be made by the respective local units of administration to the bidder, that no guarantee is made that any purchases will be made from the successful bidder as a result of such bidding, and such other information as shall be appropriate under the circumstances. The Department of Administrative Services shall, upon receipt of bids, process them in the same manner followed for state purchases and promptly notify the state board of the name of the successful bidder and such other available information as may be required by the state board. The state board shall promptly forward such information to all local units of administration. (3) Local units of administration are free to obtain competitive bids from vendors on such standard items of school equipment, supplies, services, or expenses based upon uniform specifications established for such items by the state board and may purchase such items from the vendor submitting the best bid therefor to the local unit, whether or not the bid price of such vendor is greater or less than the state-bid price on such items; provided, however, that whenever a local unit purchases such standard items at a price in excess of the state-bid price for such items, the state board shall, when computing standard costs for allotment of state funds, disallow the excess cost paid for such items by the local unit, provided, further, that, beginning January 1, 1987, local units of administration shall implement textbook adoptions from textbook listings prescribed by the State Board of Education pursuant to Article 19 of this chapter within 18 months of the time said textbook listings are provided by the State Board of Education, and said local units of administration shall provide textbooks to each student enrolled in a course of study that requires textbooks. The state board shall prescribe regulations necessary for implementation and enforcement 2132 JOURNAL OF THE HOUSE, of this subsection and is authorized to establish standards and uniform standard specifications and procedures for the purchase, distribution, use, and maintenance, as the case may be, of school equipment, supplies, services, and expenses, as may be designated by the state board, whether or not state-bid prices are obtained on such items. Parts 20-2-180. (a) The essential educational resources described in this part shall serve as the basis for computing the base amount and program weights used in the Quality Basic Education formula pursuant to Code Section 20-2-161. However, local school systems shall have discretion in the use of the funds provided such use meets the requirements of this article and Code Section 20-2-411. Although the essential educational resources described in this part may serve as guidelines to local school systems as to the manner by which funds allocated pursuant to Code Section 20-2-161 are expended, the local school systems shall expend such funds as deemed appropriate and necessary to provide the most effective instructional programs needed by enrolled students as possible, except as otherwise limited by the provisions of this article and by rules, regulations, and standards promulgated by the State Board of Education. 20-2-181. The program weights shall reflect school-wide and system-wide costs which are based upon such elementary, middle, and high school sizes and school system size in terms of FTE counts as to ensure efficient as well as effective provision of all essential and necessary school-wide and system-wide educational services. 20-2-182. (a) The program weights shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to pay at least the beginning salary of all teachers needed to provide essential and necessary classroom instruction in order to ensure a Quality Basic Education Program for all enrolled students. Further, the program weights for the high school programs pursuant to subsection (d) of Code Section 20-2-151 shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to provide teachers with a preparation period free of assigned students. (b) The program weights for the kindergarten program, the primary grades program, the remedial compensatory education program, and for all four programs for handicapped students shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to provide instructional aides to assist teachers. Further, the base amount and program weight for the middle grades program shall reflect the cost of providing teachers with clerical assistance for a limited portion of each school day, provided such funds have been appropriated by the General Assembly for this purpose. (c) The program weights for the primary and middle grades programs shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to pay at least the beginning salary of specialists qualified for teaching art, music, and physical education to students. (d) The program weights for the high school programs pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151 shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to pay the beginning salaries for guidance counselors needed to provide essential and necessary guidance services. Further, the said program weights shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to provide for the development and supervision of an extended day program during the regular school year or an extended year program, or both, for students assigned to work experience placements and participating in farm and home projects for which they are receiving credit toward high school graduation. (e) The program weights for the high school nonvocational laboratory program and the vocational laboratory program shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to pay the beginning salaries of laboratory supervisors, respectively, in each program. (f) All program weights shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to pay the cost of sick and personal leave for teachers, the employer's portion of costs for retirement and health insurance programs authorized under this Code, the cost of essential instructional materials and equipment WEDNESDAY, MARCH 6, 1985 2133 needed to operate effectively such instructional programs, the cost of travel required of personnel in order to deliver educational services to the enrolled students, and the cost of professional development sufficient to allow certified personnel to participate in approved professional development activities every five years. Such activities shall be in accordance with the annual local staff development plan pursuant to Code Section 20-2-253. (g) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 2 of this article the maximum number of students which may be taught by a teacher in an instructional period. The number of students taught by a teacher at any time may not exceed such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. Nor shall the State Board of Education reduce the student-teacher ratio without the direct authorization of the General Assembly, if such added cost for facilities, personnel, and other program needs are to be included in calculations for state funds. Local boards of education may reduce ratios, build additional facilities, and provide other such resources at local cost if such is in the best interest of the local system's program as determined by the local board of education. The State Board of Education shall present to the General Assembly the student-teacher ratio approved for each program which shall be used in cost calculations for fiscal year 1987 and thereafter. 20-2-183. All program weights shall reflect sufficient funds subject to appropriation by the General Assembly for this purpose to provide for the maintenance and operation of facilities essential and necessary for housing such instructional programs and essential supportive educational services. 20-2-184. All program weights shall reflect sufficient funds subject to appropriation by the General Assembly for this purpose to pay the beginning salary for at least one media specialist for an appropriate base size school pursuant to Code Section 20-2-181 and to provide media center materials and equipment, excluding computer hardware and software, as is necessary and essential to support instructional programs authorized under Part 3. 20-2-185. All program weights shall reflect sufficient funds subject to appropriation by the General Assembly for this purpose to pay the beginning salaries of principals and assistant principals as well as the salaries of secretaries necessary and essential for the efficient and effective management of the instructional and supportive educational programs of an appropriate base size school pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office in said school. 20-2-186. All program weights shall reflect sufficient funds subject to appropriation by the General Assembly for this purpose to pay the beginning salaries of a superintendent, assistant superintendents, and a school visiting teacher as well as the salaries of secretaries and an accountant necessary and essential for the efficient and effective management of all instructional and supportive educational programs of a base size school system pursuant to Code Section 20-2-181 and to provide for the costs of operating such an administrative office in said school system. Further, the program weights for all special education programs pursuant to Code Section 20-2-152 shall reflect sufficient funds subject to appropriation by the General Assembly for this purpose to pay the beginning salaries of special education leadership personnel and school psychologists and psychometrists essential and necessary for the effective operation of such programs in a base size school system. 20-2-187. (a) (1) The State Board of Education shall annually determine the amount of state funds needed to provide a state-wide school lunch program. The state board shall, by regulation, provide for certifying and classifying school lunch supervisors and managers and establish training programs for school lunch personnel. The state board is authorized to provide for the payment of: (A) Operating costs of school lunchrooms, including breakfast costs, as financed by federal funds, for those students eligible under federal guidelines; (B) State supplements to the salaries paid such personnel by local units of administration; and 2134 JOURNAL OF THE HOUSE, (C) State incentive pay for satisfactory completion of such training programs. (2) An application of local fair share funds pursuant to Code Section 20-2-164 shall not be made for said payments to local units of administration under this Code section. Any state funds appropriated for this purpose shall be used to supplement federal funds as a means of keeping sale prices within reach of paying children and of maximizing participation and quality meals for all children. (b) The state board is authorized to prescribe by appropriate rules and regulations that there may be included as part of the program of every public school in this state a course of instruction in nutrition, hygiene, etiquette, and the social graces relating to the partaking of meals and is further authorized to allot funds, in a manner consistent with the funding for the other various components of the instructional program, for the reimbursement of costs to local units of administration for costs directly associated with this program. There shall be utilized in the course of instruction the full resources available to each individual school, including its cafeterias, school lunch personnel, and all practical demonstrations in the preparation and consumption of food which shall be necessary to formulate a comprehensive course of instruction in such subject matter. Any period of the school day may be utilized for the teaching of this course of instruction, including that period usually reserved for the lunch period. (c) (1) The State Board of Education shall establish a system of allotment of funds to local units of administration in order to provide for services rendered on a tenmonth basis by school food and nutrition personnel. The amount of funds paid to any local unit of administration shall be paid in 12 monthly payments and shall be based upon the number of full-time equivalent school lunch positions needed to plan, prepare, and serve meals in that local unit of administration, times an annual base payment. The local unit of administration will determine the salary schedule and personnel policies in accordance with paragraph (3) of this subsection. For each school food manager, the local unit of administration shall earn the base payment in addition to an amount not to exceed $100.00 per month. (2) The base payment shall be calculated on the basis of an annual number of hours (190 days times eight hours) for a full-time equivalent school lunch position, times an amount not less than $161.00 per month for 12 months. Future annual increases in the base payment shall reflect the same percentage increase provided by the state for other state funded positions. The State Board of Education shall annually establish a state performance standard and shall determine the number of fulltime equivalent school lunch positions needed to plan, prepare, and serve meals based on the state performance standard and the average daily number of student lunches served during the preceding school year. (3) The local unit of administration shall establish a staffing pattern and determine the number of personnel to employ. Local units of administration shall establish the salary schedule for school food and nutrition personnel and shall use the base payments to help finance the locally established salary schedule. 20-2-188. (a) The amount of funds needed by a county, area school, or independent school system to pay expenses of pupil transportation shall be calculated by the State Board of Education in accordance with a schedule of standard transportation costs to be incurred by local units of administration in the operation of economical and efficient pupil transportation programs and a schedule of variable transportation costs or variable cost factors dependent upon circumstances prevailing in the several local units of administration which affect, in varying ways, the cost of pupil transportation authorized by this Code section; provided, however, that the amount of funds to be actually distributed to any local unit of administration under this Code section during any school year shall not exceed the actual costs incurred by the local unit in transporting pupils to and from public schools, including costs for transportation for handicapped children who must travel across county lines or away from their own school district within the state. It is further provided that the costs of the regular pupil transportation program receive full funding before funds are provided for transportation of students to and from places for the purpose of work experiences, training in instructional laboratories, and in other such field trips required of or integral to the various instructional components of the WEDNESDAY, MARCH 6, 1985 2135 educational program. In establishing the schedule of standards and variable pupil transportation costs or cost factors for the purpose of allotting funds under this Code section, the state board is, without limiting the generality of the foregoing, authorized to consider facts and circumstances such as the number and density of pupils transported in the local unit and the areas therein served by school buses; the suitability of school bus routes in the local unit; the suitability of the type and number of buses used by the local unit; the number of miles traveled by school buses in the local unit; minimum bus loads; transportation surveys, cost of transportation equipment, and depreciation schedules therefor; the schedule of minimum salaries for school bus drivers established in accordance with subsection (b) of this Code section; the number of school bus drivers allotted to the local unit; maintenance, repair, and operating costs of transportation equipment; climate and terrain; condition of roads used for the purpose of transporting pupils in the local unit; cost of liability insurance; cost of safety instruction and training for both bus drivers and students; and such other facts and circumstances as the state board may find to be relevant for the purpose of establishing such schedules and cost factors. The state board shall have authority to establish minimum requirements and standards respecting use of funds allotted under this Code section. (b) The state board shall establish a schedule of uniform minimum salaries that shall be paid by local units to drivers of school buses, regardless of type of ownership, which shall be not less than the amount appropriated by the General Assembly each year but not less than $350.00 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles not designated as school buses. County, area school, or independent systems shall not pay to any bus driver in its employment a salary less than that prescribed by the uniform minimum salary schedule but shall have the authority to supplement the salary of a bus driver employed by the county, area school, or independent system. The expense of purchasing, maintaining, and operating such buses, regardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose of calculating the expense of pupil transportation under subsection (a) of this Code section. This subsection shall not apply to student or teacher drivers. (c) If and to the extent that the state board obtains a state-bid price under subsection (f) of Code Section 20-2-168 on any standard item of equipment, supply, or service used or obtained by local units in connection with or as a result of providing transportation services to pupils attending the public schools of such local units or on any other standard expense incurred by local units, the standard transportation cost or allowance to be attributed to such item or expense under subsection (a) of this Code section shall be based upon an amount not in excess of the state-bid price on such item or expense. (d) Pupils who live beyond one and one-half miles from the school to which they are assigned, according to the nearest practical route by school bus, shall be eligible to be counted as transported pupils for the purpose of calculating that portion of the expense of pupil transportation associated with transporting pupils from home to school and from school to home as authorized under subsection (a) of this Code section, provided such pupils are actually transported to such school by school bus or other vehicle made available for this purpose by the local unit of administration. Any pupil who resides within such mileage limitation shall not be eligible to be counted for school transportation state-aid purposes, with the exception of handicapped students being transported to special programs. (e) The state board is authorized to establish minimum specifications for vehicles used by local units for the purpose of transporting pupils to the public schools of the local unit, taking into account the facts and circumstances set forth in subsection (a) of this Code section, and is authorized to establish minimum standards and requirements respecting maintenance, repair, inspection, and use of such vehicles and minimum qualifications for the drivers of such vehicles; and all vehicles used and drivers employed for such purposes by local units, regardless of type of ownership of such vehicles, shall conform to such specifications, standards, requirements, and qualifications; provided, how- ever, that the state board shall require, monitor, and fund a program of safety 2136 JOURNAL OF THE HOUSE, instruction in the practices of safe riding and emergency bus evacuation drills for both school bus drivers and students riding school buses. (f) The state shall have the authority to allot funds for the transportation of all school age children residing on Sapelo Island to the mainland of the state for the purpose of attending school on the mainland. (g) The state board shall adopt policies, procedures, regulations, and other such requirements for the transportation and for the payment of all transportation costs, as described, defined, and authorized in subsections (a) through (e) of this Code section, for all the children with special needs identified by the various local units of administration; further, the state board shall allot funds to local units of administration for transportation costs for those children authorized by such local units of administration to attend schools and programs of other local units of administration or when deemed necessary for adequate educational services. (h) The state board is further directed and authorized to adopt policies and regulations relative to the use of minibuses for the transportation of students with special needs. (i) Notwithstanding the provisions of subsections (a) through (h) of this Code section, funds to pay the expenses of pupil transportation shall be paid to an independent school system only when such funds are requested by the board of education of such independent school system. The funds for the expenses of pupil transportation shall be requested by the board of education of the independent school system in its budget prepared pursuant to subsection (c) of Code Section 20-2-167 and, if not budgeted therein, no expenses for pupil transportation shall be payable to the independent school system for the fiscal year covered by such budget. No provision of this Code section or any other provision of this article shall be construed to require the board of education of any independent school system to furnish pupil transportation services within such school system. (j) The amount of funds needed by a local unit of administration during a fiscal year for sick and personal leave expenses of school bus drivers shall be determined by multiplying the number of school buses allotted to a local unit of administration pursuant to this Code section by a sum of money not less than $75.00. The state board shall have the authority to prescribe minimum requirements and standards for the distribution, use, and expenditure of funds allotted under this subsection. Part 6 Subpart 1 20-2-200. (a) The State Board of Education shall provide, by regulation, for certifying and classifying all certificated professional personnel employed in the public schools of this state, and no such personnel shall be employed in the public schools of this state unless they shall hold a certificate issued by the state board certifying as to their qualifications and classification in accordance with such regulations. The state board shall establish such number of classifications of other certificated professional personnel as the state board may find reasonably necessary or desirable in the operation of the public schools; provided, however, that such classifications shall be based only upon academic, technical, and professional training and experience and competency of such personnel. The state board is authorized to provide for revoking or denying certificates for good cause after an investigation is held and notice and hearings are provided the certificate holder. The state board shall define the term 'certificated professional personnel,' as used in this article, and shall designate and define the various classifications of professional personnel employed in the public schools of this state that shall be required to be certificated under this Code section. Without limiting the generality of the foregoing, the term 'certificated professional personnel' means county or regional librarians and all other professional personnel certificated by the State Board of Education. (b) The State Board of Education shall require each applicant for a renewable certificate to have obtained satisfactory scores on a test battery which assesses the applicant's specific subject matter or other appropriate professional knowledge essential to performing effectively in the applicant's field of certification prior to being granted a renewable WEDNESDAY, MARCH 6, 1985 2137 certificate. In addition to the subject matter test, the state board shall be authorized to require each such applicant to have demonstrated satisfactory proficiency in oral and written communication skills prior to being granted a renewable certificate. Further, the state board shall be authorized to require each such applicant to have demonstrated satisfactory on-the-job performance in the applicant's field of certification prior to being granted a renewable certificate. The state board shall be authorized to require each applicant seeking an initial renewable certificate to have obtained a satisfactory score on a test which assesses the applicant's broad general knowledge. Each such applicant shall be provided at least three opportunities to demonstrate satisfactory scores, proficiency, and on-the-job performance, and all such applicants currently employed by a local school system in Georgia who initially do not pass any such tests or assessments shall be provided staff development assistance in areas of deficiencies identified as the result of such testing or assessments. Applicants seeking an initial renewable certificate must pass the test in order to be granted an initial renewable certificate. The achievement of said passing scores on designated tests and on-the-job performance assessments for beginning teachers, out-of-state teachers, and experienced teachers renewing a certificate, excluding life-certificated teachers, respectively, must demonstrate said scores for purposes of certification only once for a certification level and field. All applicants for certificate renewal in a teaching field during fiscal year 1987 shall be given a one-year extension to their existing renewable certificate. (c) The State Board of Education shall have the authority to grant renewable certificates at the four-year level in a teaching field to an applicant who has not completed a teacher preparation program; provided, however, that such applicant meets the following conditions: (1) Is the holder of a bachelor's degree from a regionally accredited college or university in a subject area field which has been declared by the state board to be a critical shortage field; (2) Has satisfactorily completed an appropriate college course related to human growth and development otherwise required of applicants for such certification; (3) Has satisfactorily completed a one-year supervised classroom internship involving the appropriate teaching field; and (4) Has obtained satisfactory assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification. (d) The State Board of Education shall have the authority to grant renewable certificates at the five-year level in a teaching field to an applicant who did not complete an undergraduate teacher preparation program; provided, however, that such applicant meets the following conditions: (1) Is the holder of a master's degree in education in a teaching field from a college or university program recognized or approved by the state board; (2) Has satisfactorily completed a one-year supervised classroom internship involving the appropriate teaching field; and (3) Has obtained satisfactory assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification. (e) The State Board of Education may grant provisional or probationary certification to an applicant for such certification only after the endorsing local unit of administration certifies that the local unit has made an effort to recruit fully certified individuals, including announcing in writing the available position or positions to appropriate preparatory institutions in its region of the state and to the Department of Education at least three months in advance of the date of need. Announcements for such certified individuals shall be advertised in the legal organ of the county in which the school system is located. If the position has been available for three months or less and said applicant meets all other provisions of law and state board policy, the state board may grant provisional or probationary certification to such applicant. 20-2-201. (a) Any person certified as a teacher, principal, or guidance counselor pursuant to Code Section 20-2-200 shall have satisfactorily completed a course of five or more quarter hours, approved by the state board, in the identification and education of children who have special educational needs or shall have satisfactorily completed an 2138 JOURNAL OF THE HOUSE, equivalent preparation in a staff development program designed to assist teachers, principals, and guidance counselors in the identification and education of children who have special educational needs, provided such staff development program shall have received prior approval of the state board. As used in this subsection, 'children who have special educational needs' means such children as defined by Code Section 20-2-152. Those teachers, principals, and guidance counselors of other states, those applicants completing noneducation programs who are otherwise eligible for provisional certification in Georgia, and those teachers with lapsed Georgia teaching certificates who are otherwise eligible for emergency certificates who would be employed and certified in Georgia schools but lack the requirements of this subsection shall have a period of one year from date of employment to obtain the prescribed training. Teachers holding valid Georgia teaching certificates shall have until their recertification date to comply with the requirements of this subsection. Any person taking the course under this Code section shall receive appropriate credit toward certification and in-step raises. (b) Universities and colleges having teacher preparation programs for grades kindergarten through eight shall require, as a part of such teacher preparation requirements, a separate course in health education and a separate course in physical education. The content of the course in health education shall include general knowledge and attitudes in all critical areas of health and shall include drug abuse, alcohol abuse, smoking, and health education. The required course in physical education shall contain knowledge, attitudes, and understanding of how physical activity shall be integrated and correlated into the total lifestyle of an individual. 20-2-202. All teachers and other professional personnel who hold or have held life certificates 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. Further, the assessments regarding certification pursuant to subsection (b) of Code Section 20-2-200 are not required of such holders of life certificates; although they may voluntarily submit for such assessments in order to qualify for other provisions as set forth in this article or by state board policy and regulations. 20-2-203. Except for a life certificate pursuant to Code Section 20-2-202, all renewable certificates granted by the State Board of Education shall have a validity period of five years. 20-2-204. (a) As used in this Code section, the term: (1) 'Aide' means a person who may have less than professional training and who takes no independent actions and has no decision-making authority but performs routine tasks assigned by higher certificated personnel. Aides who work as instructional aides shall possess the minimum of a high school diploma or a general educational development (GED) equivalency diploma. (2) 'Licensed personnel' means paraprofessionals and aides. (3) 'ParaprofessionaF means a person who may have less than professional-level certification who relates in role and in function to a professional and who does a portion of the professional's job or tasks under the supervision of a professional and who has some decision-making authority, limited and regulated by his relationship with the professional. Such paraprofessionals shall possess the minimum of a high school diploma or a general educational development (GED) equivalency diploma. (4) 'Permitted personnel' means persons who may not qualify for professional certificates, including retired teachers, but who function in the educational programs in the same manner as certificated personnel. Such personnel qualify for their positions on the basis of experience rather than formal education. (b) The state board shall provide for the classification of all licensed and permitted personnel employed in the public schools of this state, and no such personnel shall be employed in the public schools of this state unless they meet such minimum criteria as developed by the state board; provided, however, that such classifications shall be based only upon academic, technical, and professional training and experience of such personnel. The state board is authorized to provide for revoking or denying certificates or licenses for good cause after an investigation is conducted and notice and hearing is provided the certificate holder. WEDNESDAY, MARCH 6, 1985 2139 Subpart 2 20-2-210. All personnel employed by local units of administration, including elected or appointed school superintendents, shall have their performance evaluated annually by an appropriately trained evaluator. In the case of the local school superintendents, such evaluations shall be done by the local board of education. Certificated personnel who have deficiencies and other needs shall have a professional development plan designed to mitigate such deficiencies and other needs as may have been identified during the evaluation process. Progress relative to completing the annual professional development plan shall be one of the assessments during the annual evaluation process. The State Board of Education shall adopt such regulations and standards as are deemed necessary to ensure that the annual evaluation and professional improvement planning processes are as objective, equitable, and effective as possible. The State Board of Education, in an effort to facilitate efforts of local units of administration to implement these provisions, shall provide model instruments, model processes, technical assistance, clearinghouse functions, and such other assistance which may be needed. 20-2-211. (a) All teachers, principals, other certificated professional personnel, and other school personnel of local units of administration shall be employed by local boards of education on the recommendation of the school superintendent of the local unit. Minimum qualifications for employment of all school personnel may be prescribed by the State Board of Education unless otherwise provided by law. Employment contracts of teachers, principals, and other certificated professional personnel shall be in writing and shall be signed in duplicate by such personnel on their own behalf and by the local school superintendent on behalf of the local board of education. (b) Any other provisions of this article or any other laws to the contrary notwithstanding, each local board of education shall, by not later than April 15 of the current school year, tender a new contract for the ensuing school year to every teacher and other professional employee certificated by the State Board of Education on the payroll of the local school system at the beginning of the current school year, except teachers who have resigned or who have been terminated, or notify in writing any such teacher or other certificated professional employee of the intention of not renewing his contract for the ensuing school year. When such notice of intended termination has not been given by April 15, the employment of such teacher or employee shall be continued for the ensuing school year unless such teacher or employee has been removed in the manner as provided in Code Section 20-2-940 or unless the teacher or certificated professional employee elects not to accept such employment by notifying the local board or superintendent in writing not later than May 1. (c) Any other provisions of this article or any other laws to the contrary notwithstanding, no local board of education shall employ any person as a teacher who has been discharged from the armed forces of the United States with a dishonorable discharge as a result of desertion or any person who has fled or removed himself from the United States for the purpose of avoiding or evading military service in the armed forces of the United States, excluding those who have been fully pardoned. 20-2-212. (a) As used in this Code section, a 'salary schedule' means a type of salary schedule established upon a set of relationships respecting salaries to be paid personnel according to various classifications. (b) The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the state board. Such minimum salary schedule as defined in subsection (a) of this Code section shall provide a minimum salary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum base salary of each classification of such personnel based upon the individual experience and length of satisfactory service of such personnel; and shall include such other uniformly applicable factors as the state board may, in its discretion, find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with a bachelor's degree and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to 2140 JOURNAL OF THE HOUSE, the beginning salary of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions in Georgia having educational entry requirements comparable to the requirements for entry into Georgia public school teaching. The list of Georgia beginning salaries by degree field used to calculate Georgia's beginning teachers' salaries shall be presented annually with the Governor's budget recommendations. Such minimum salary schedule shall in all other respects be uniform, with no differentiation being made on the basis of subjects or grades taught. The General Assembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. Certificated professional personnel employed as such by the local systems shall be paid no less than indicated on such salary schedule. For each state fiscal year, the State Board of Education shall adopt the salary schedule for which funding has been appropriated by the Georgia General Assembly. A local unit of administration shall not pay to any teacher or other certificated professional personnel in its employment a salary less than that prescribed by the schedule of minimum salaries. Local units of administration may, however, supplement the salaries of such personnel and, in fixing the amount thereof, may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular personnel whose salary is being supplemented. 20-2-213. The State Board of Education is authorized and directed to devise a teacher career ladder program which has as its purpose providing classroom teachers who demonstrate above average or outstanding competencies relative to teaching skills and their teaching field and exhibit above average or outstanding classroom performance, which may include the achievement of students beyond the level typically expected for their ability, with salary supplements in recognition of such competency and performance. The state board shall appoint a task force which is broadly representative of all educational interests to advise it concerning the development and implementation of such teacher career ladder program. Following adoption of task force recommendations, the State Board of Education shall submit such recommendations to the General Assembly for review. The state board shall then grant sufficient funds subject to appropriation by the General Assembly for this purpose to each local unit of administration to pay the salary supplements of all classroom teachers awarded such supplements under the teacher career ladder program. Local school systems shall not apply any portion of the local fair share pursuant to Code Section 20-2-164 to the grants provided under this Code section. 20-2-214. (a) The State Board of Education shall establish a schedule of salary supplements for administrators who have system-wide and school-wide responsibilities. Such salary supplements shall be based upon an amount per FTE student and the responsibilities of the position. The state board shall have the authority to establish salary supplements for other public education positions as deemed necessary and appropriate. The program adjustment amount for training and experience pursuant to Code Section 20-2-161 shall reflect the amount of funds needed by each local school system to pay all such salary supplements. Each salary supplement approved by the state board and included within the program adjustment amount for training and experience shall be separately identified by category of personnel with total cost requirements. (b) The state board is authorized and directed to devise a program which has as its purpose providing certificated nonteaching personnel who possess above average or outstanding competencies relative to their position and exhibit outstanding performance in executing their responsibilities with salary supplements in recognition of such competency and performance. Achievement of students beyond the level typically expected for their ability may be included in the performance criteria for certificated nonteaching personnel. The state board shall use the task force pursuant to Code Section 20-2-213 or shall appoint an additional task force comprised of representatives of appropriate educational interests to advise the board concerning the development and implementation of such salary supplement program. The state board shall allocate, once it has adopted such a salary supplement program for certificated nonteaching personnel, suffi- cient funds subject to appropriation by the General Assembly to each local unit of WEDNESDAY, MARCH 6, 1985 2141 administration to pay the salary supplement of all such personnel awarded the said supplements under this state board adopted program. Local school systems shall not apply any portion of the local fair share pursuant to Code Section 20-2-164 to the grants provided under this subsection. 20-2-215. Classroom aides and paraprofessionals shall have, while performing assigned duties, the authority of 'in loco parentis,' except for the administration of corporal punishment; provided, however, that such aides and paraprofessionals have at least the minimal training or experience, or both, prescribed by the state board to have such authority and that such aides and paraprofessionals are under direct supervision of classroom teachers or other certified professional personnel on a daily basis. Such aides and paraprofessionals shall have such authority both when the classroom teachers are present and when they are absent for justifiable purposes. Such purposes shall include planned release time and such activities as accompanying selected students to other locations or sites, instructing individual students or small groups at a location away from the classroom, meeting with parents and guardians, planning instructional programs or lessons, participating in staff development activities, and other such education activities related to classroom instruction. The state board shall have the authority to prescribe such requirements and standards as it deems necessary for the effective implementation of this Code section. 20-2-216. As a condition for receiving funds under this article, it shall be the duty of each local unit of administration to employ and to utilize the services of substitutes for teachers who are absent. It shall be the duty of the local unit of administration to employ substitutes, including retired teachers in accordance with Code Section 47-3-127, who possess a valid teaching certificate issued by the State Board of Education. If a person holding a valid teaching certificate is not available to serve as a substitute for a teacher who is absent, the local unit of administration is authorized to employ the person who most closely meets the requirements for certification as a teacher and who is available to serve as a substitute. It shall be the duty of the state board to promulgate and adopt rules, regulations, and policies establishing classes or categories of persons, in order of descending priority, who most closely meet requirements for certification within this state. Nothing contained in this Code section shall prevent the local board or local school superintendent from refusing to employ as a substitute teacher one who, in the discretion of the board, would be detrimental to the education of the students provided for by this article. Part 7 20-2-230. (a) The State Board of Education shall adopt and prescribe all rules, regulations, and policies required by this article and shall adopt and prescribe such other rules, regulations, and policies as may be reasonably necessary or advisable for proper implementation, enforcement, and carrying out of this article and other public school laws or for assuring a more economical and efficient operation of the public schools of this state or any phase of public education in the public schools of this state. The state board shall establish and enforce standards for operation of all public elementary and secondary schools and local units of school administration in this state so as to assure, to the greatest extent possible, equal and quality educational programs, curricula, offerings, opportunities, and facilities for all Georgia's children and youth and economy and efficiency in administration and operation of public schools and public school systems throughout the state. The state board shall have the power to perform all duties and to exercise all responsibilities vested in it by provisions of law for the improvement of public education in the public elementary and secondary schools of this state, including actions designed to improve teacher and school effectiveness through research and demonstration projects. The state board shall have the power to take such actions it deems necessary to ensure that the citizens have full awareness and knowledge relative to the costs, quality, and performance of the public elementary and secondary schools of this state. All rules, regulations, policies, and standards adopted or prescribed by the state board in carrying out this article and other school laws shall, if not in conflict therewith, have the full force and effect of law. 2142 JOURNAL OF THE HOUSE, (b) The State Board of Education is authorized, after a reasonable attempt at consultation with the State School Superintendent, to organize and reorganize the Department of Education and the various offices, divisions, sections, and units thereof and to prescribe the duties, functions, and operations of each at such times and in such manners as the state board may deem necessary or desirable for the more economical or effective organization, administration, or functioning of the department. 20-2-231. The State School Superintendent shall be the executive officer of the State Board of Education and the administrative officer of the Department of Education. He shall be responsible for the administration and enforcement of this article and other school laws in accordance with such laws and with rules, regulations, policies, and standards adopted or prescribed by the state board for the implementation, administration, or enforcement of such laws. 20-2-232. All county, independent, and area public school boards in this state, established pursuant to law, shall be local school systems for the purposes of this article, except where other specific provisions are made. All local school systems, boards of control of regional educational service agencies established pursuant to Code Section 20-2-272, and any other school or regional educational agencies established pursuant to law shall be local units of administration for the purposes of this article, except where other specific provisions are made. The qualifications; manner and time of selection, election, or appointment; tenure; state compensation, if provided for; and powers and duties of school superintendents and members of boards of education of the several local units of administration shall be as prescribed by law; provided, however, that such school superintendents and members of local boards of education shall comply with, execute, and enforce this article and other school laws and provisions of rules, regulations, policies, and standards adopted by the State Board of Education pursuant thereto in order to render the respective local units of administration eligible to receive state funds under this article. Specifically, however, each public school board shall be responsible for ensuring that: (1) The instructional programs authorized pursuant to Part 3 and the uniformly sequenced core curriculum authorized pursuant to Part 2 are fully and effectively implemented; (2) Locally adopted and offered enrichment programs, courses, and activities are properly planned, implemented, monitored, and evaluated to ensure the highest quality possible; (3) The citizens residing within the local school system have full awareness and knowledge relative to the costs, quality, and performance of the system's elementary and secondary schools; and (4) The local school system has job descriptions for each position held or to be held by certificated professional personnel, has policies relative to the recruitment and selection of such personnel, and does adhere to such recruitment and selection policies. Such policies shall assure nondiscrimination on the basis of sex, race, religion, or national origin. 20-2-233. In the event a local unit of administration shall fail to comply with any provision of this article or other school laws; any provision of rules, regulations, policies, standards, or requirements established by the State Board of Education; or the terms of any contract with the state board, the state board may, in its discretion, withhold from such local unit all or any part of the state contributed Quality Basic Education Program in Georgia funds allotted to such local unit under this article until such time as full compliance is made by the local unit. The state board shall, before withholding such funds, notify the local unit of its intention to withhold such funds and state the reasons for such action. The board of education of the local unit shall be entitled to a hearing on such matter before such funds are withheld, provided the local board requests such hearing within 30 days from receipt of such notification. If the local board of education feels itself aggrieved by the final decision of the state board following such hearing, the local board shall have the right to obtain judicial review of such decision, on the record made before the state board, by filing an appeal in the superior court of the county of the local unit affected. Such appeal shall plainly specify the decision com- plained of, the questions in dispute, the decision of the state board, the relief sought WEDNESDAY, MARCH 6, 1985 2143 by the local board, and the contentions of the local board. The appeal shall be based upon the record as a whole established at the time of the hearing before the state board. A transcript of the testimony and other evidence adduced before the state board at the time of such hearing shall be prepared and certified as true and correct by the State School Superintendent and filed in the court within 30 days after date of service of a copy of the appeal upon the superintendent or within such other time as the court may allow. The decision of the state board on appeal shall not be set aside if based upon any substantial evidence in the record, considering the record as a whole. The court may, in its discretion, whether or not prayed for in the appeal, remand such matter for future proceedings or findings on such directions or terms as may be specified in the order of the court. Proceedings for review of the final judgment of the court shall follow the same course which is now or may hereafter be prescribed for other civil actions in the superior court. No funds shall be withheld until all appeals are exhausted. Any local unit of administration which feels aggrieved by any decision of the state board shall have the right to appeal under the provisions of this Code section. PartS 20-2-240. (a) The State Board of Education shall provide grants subject to appropriation by the General Assembly for this purpose to qualified local units of administration for the purpose of improving the effectiveness of an educational program or service within a school, a cluster of schools, or system wide. The criteria for awarding such grants shall include the potential for widespread adoption of such improvement by other public schools or local units of administration in the state, the potential to which the project is likely to result in the proposed improvement, the quality of the proposed project design, the reasonableness of the costs involved in conducting the project, and such other criteria which the state board may deem appropriate and necessary. The state board shall have the authority to establish a list of educational programs and services for which project proposals will be considered or the state board shall have the authority to consider unsolicited project proposals concerning any educational program or service needing improvement, or both. Local units of administration shall be required to expend local funds for a portion of the costs of projects authorized under this subsection. The amount of such local funds shall be based upon the ability of a local unit to pay a share of the cost relative to the ability of other local units in the state to pay their share of such cost. Such local funds shall be in excess of the local funds required for the local fair share pursuant to Code Section 20-2-164 and required as a portion of the costs for other grant programs authorized under this article. (b) The State Board of Education shall provide grants subject to appropriation by the General Assembly for this purpose to qualified local units of administration for the purpose of assisting other local units in their efforts to adopt an effective improvement of an educational program or service. The criteria for awarding the grants shall be that the local unit was previously instrumental in the development or adoption of such effective improvement, that the improvement has the potential for widespread adoption by other local units or schools in other local units, that the improvement contributes to the increased effectiveness or efficiency of an educational program or service sufficiently to warrant the proposed project costs and such other criteria which the state board may deem appropriate and necessary. Such grants shall not require that any portion of such project's cost be paid by the qualified local unit receiving such grant. (c) The State Board of Education shall provide grants subject to appropriation by the General Assembly for this purpose to qualified local units of administration for the purpose of adopting an effective improvement of an educational program or service. The criteria for awarding such grants shall be that the proposed improvement of an educational program or service has been proven to be effective elsewhere, the proposed improvement contributes to the increased effectiveness or efficiency of an educational program or service sufficiently to warrant the proposed project's cost and such other criteria which the state board may deem appropriate and necessary. All funds for such adoption projects shall be for costs in excess of costs for which funds have been otherwise provided by the provisions of this article. Local units of administration shall be 2144 JOURNAL OF THE HOUSE, required to expend local funds for a portion of the cost of projects authorized under this subsection. The amount of such local funds shall be based upon the ability of a local unit to pay a share of the cost relative to the ability of other local units in the state to pay their share of such cost. Such local funds shall be in excess of the local funds required for the local fair share pursuant to Code Section 20-2-164 and required as a portion of the costs for other grant programs authorized under this article. 20-2-241. (a) As used in this Code section, the term: (1) 'Demonstration school system' means a local school system which is designated by the state board to operate the educational programs or services contained within its improvement plan in accordance with the said plan. (2) 'Improvement plan' means a document submitted by the local school system and approved by the State Board of Education which describes educational programs or services which will be improved, educational goals for the educational programs or services included in the improvement plan, and educational objectives determined from the goals; an assessment which documents the need for the planned improvements; a course of action for implementing the planned improvements; an evaluation system to determine if the educational objectives included in the improvement plan are being attained; and such other items as the State Board of Education may deem necessary for an effective improvement plan. (b) The state board shall have the authority and is directed to: (1) Prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section; (2) Annually designate local school systems which meet established state board criteria for being designated or continuing their designation as a demonstration school system; and (3) Suspend certification regulations and requirements and other state policies, standards, and regulations for approved demonstration systems to the extent deemed essential for successful implementation of approved improvement plans. However, such suspension of rules and regulations will apply only to those personnel, programs, and schools actually participating in the approved improvement activity. (c) All policies, rules, and regulations prescribed by the state board pursuant to Code Section 20-2-240 shall apply to this Code section, unless such application is explicitly excluded. 20-2-242. (a) Local school systems shall develop long-term system-wide electronic technology plans which list assessed needs; describe the planned phasing in of the computer hardware, software, and related electronic technology necessary to address the assessed needs; and contain such other items as the State Board of Education may deem necessary for an effective electronic technology plan. The state board shall adopt a longterm state-wide electronic technology plan which is reflective of needs identified state wide and the priorities and planned actions designed to address such needs. The state board shall prescribe the method and frequency by which such electronic technology plans shall be updated. (b) The state board shall grant funds subject to appropriation by the General Assembly for this purpose to local systems of administration to be used to purchase computer hardware, software, and related electronic technology and to finance the costs of staff development programs related to the use and application of computers and related electronic technology to educational programs and services. The amount of funds granted to any local school system shall be based upon the extent of need as reflected in its electronic technology plan, the consistency of such needs with the priorities established by the state board's state-wide plan, and such other considerations as deemed necessary by the state board. The amount of local funds required may be based upon the ability of a local system to pay a share of the cost relative to the ability of other local systems in the state to pay their share of such cost. Such local funds shall be in excess of the local funds required for the local fair share pursuant to Code Section 20-2-164 and required as a portion of the costs for other grant programs authorized under this article. (c) The state board shall evaluate hardware and software, disseminate to local systems effective software, provide technical assistance to local systems, provide staff WEDNESDAY, MARCH 6, 1985 2145 development training to local systems and regional educational service agencies, and perform such other functions as deemed necessary by the state board. (d) The state board shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section and shall take all actions deemed necessary to facilitate the adoption and effective utilization of computers and related electronic technology in improvement of the operations of educational programs and services in the state. 20-2-243. The State Board of Education shall provide qualified public elementary and secondary schools and local school systems with incentive award grants subject to appropriation by the General Assembly for this purpose. The purpose of such grants shall be to give recognition to public schools and school systems having demonstrated high levels of performance or high levels of improved performance; provided, however, that all comparisons of schools shall be with other schools containing similar grade levels and containing student populations which have similar demographics and that all comparisons of local school systems shall be with other local school systems containing student populations which have similar demographics. The amount of such incentive award grants shall be reflective of the most recent full-time equivalent (FTE) counts of the qualified public schools or local school systems respectively and such other factors deemed appropriate by the state board. The public schools or local school systems receiving such incentive award grants shall expend these funds to improve their staff development or instructional programming, or both, in a manner they deem appropriate. Such recipients of the incentive award grants shall not be required to apply local funds to the expenditures authorized under this Code section. The state board shall adopt a list of performance areas for which public schools and local school systems may receive incentive award grants and shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section. 20-2-244. The State Board of Education is authorized to engage in or otherwise to make provision for educational research into all methods of instruction and education of children and youth; to sponsor conferences, study groups, and workshops; and to conduct research or education demonstrations, experimentation, field tests, and such other projects which will support, improve, or strengthen the public school system of this state, the quality of education provided children and youth in the public schools of this state, and the qualifications and technical skills of professional personnel employed in the public schools of this state; and the state board is authorized to employ or contract for the services of specialists and others as may be necessary or desirable for such purposes and to cooperate with public school systems and public and private educational institutions and agencies inside or outside the state for such purposes. Part 9 20-2-250. (a) All public school officials and personnel shall be provided the opportunity to continue their development throughout their professional careers. The primary purpose of the staff development sponsored or offered by local units of administration and the Department of Education shall be the implementation of this policy. Two additional purposes of such staff development programs shall be to adopt into general practice the findings of scientifically designed research which has been widely replicated, particularly as it relates to teacher and school effectiveness, and to address the professional needs and deficiencies identified during the process of objective performance evaluations. (b) All newly elected and appointed members of boards of local units of administration shall, before or within one year after assuming office, receive orientation on the educational program objectives of Georgia and instruction and study in school finance; school law, with special emphasis on the 'Quality Basic Education Act'; responsiveness to the community; the ethics, duties, and responsibilities of local school board members; the evaluation of the annual performance of the school superintendent and the local board of education; and such other topics that the State Board of Education'may deem to be necessary. The state board is authorized to require the training of all members of boards of local units of administration which the state board deems to be necessary to 2146 JOURNAL OF THE HOUSE, ensure the effective management and operation of the local units of administration of the state. The Department of Education is authorized, in cooperation with the Georgia School Boards Association, to conduct workshops providing such instruction and study and to present to each board member completing such workshop an appropriate certificate. All boards of local units of administration are authorized to pay such board members the same per diem as authorized by local or general law for attendance upon regular or special meetings, as well as reimbursement of actual expenses for travel, lodging, meals, and registration fees for such workshops, either before or after such board member assumes office. 20-2-251. Each program weight computed pursuant to Code Section 20-2-161 shall reflect an amount of funds that is at least equivalent to one-half of 1 percent of all professional salaries used in the development of each program weight. These funds shall be used for staff development. 20-2-252. (a) The State Board of Education is authorized and directed to establish the Georgia Education Leadership Academy whose full-time personnel shall be employees of the Department of Education. The purpose of the Georgia Education Leadership Academy shall be to provide opportunities for public school leadership personnel to update and expand their leadership knowledge and skills. (b) The Georgia Education Leadership Academy shall have an advisory board. Members of the advisory board shall consist of two representatives from each of the following categories: (1) Representatives of local school system administrators appointed by the state board; (2) Representatives of colleges and universities appointed by the state board; (3) Representatives of the House of Representatives appointed by the Speaker of the House; (4) Representatives of the Senate appointed by the President of the Senate; and (5) Representatives at large appointed by the Governor. Members of the advisory board may be reimbursed for reasonable and necessary expenses incurred while carrying out their responsibilities if such reimbursement has not been provided from other sources. This subsection shall stand repealed on July 1, 1988, unless otherwise reenacted by the General Assembly. (c) The Georgia Education Leadership Academy shall use such approaches as are deemed necessary to ensure the active participation of public school leadership personnel and their mastery and application of essential knowledge and skills. Such approaches shall include but are not limited to, conducting seminars and workshops, awarding academic or staff development credit, and providing on-site technical assistance. Local boards are authorized to reimburse such administrators for actual expenses which result directly from participating in this program. The State Board of Education shall provide a status report as to the effectiveness of this program pursuant to subsection (e) of Code Section 20-2-282. 20-2-253. Each local school system shall develop an annual comprehensive staff development plan and shall submit such plan to the State Board of Education for review and approval in the manner and at the time prescribed by the state board. The annual comprehensive staff development plan shall provide for programming designed to address deficiencies of school and system personnel as identified through the annual personnel evaluation process, staff development needs as identified through the evaluation of the effectiveness of instructional programs, and such other needs as deemed necessary by the local school system or prescribed by the state board. Part 10 20-2-260. (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 structurally 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 'Quality Basic Education Act.' WEDNESDAY, MARCH 6, 1985 2147 (b) As used in this Code section, the following words or terms shall have the following 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, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings 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 necessary 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 equipment, 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, stadiums, 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 which shall include, but shall not be limited to, the needs set forth in subsection (k) of this Code section 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 instructional 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 of 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 contributed by local units of administration from local funds for each construction project. (13) 'Unhoused students' means those students who are not housed in school facilities 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 section, and the State School Superintendent and designated staff in the Department of 2148 JOURNAL OF THE HOUSE, 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 requirements 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 purposes; outstanding school bonds and annual debt service; and 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 current 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 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 educational 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; recommendations for improvements, expansion, modernization, safety, and energy retrofitting 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 construction 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; educational facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofitting; 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 pertaining or relating to consolidation of schools and educational facilities as may be reasonably 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 renovated 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 WEDNESDAY, MARCH 6, 1985 2149 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 developing 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 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, student membership projection research, and educational facilities construction plans and shall reflect the demand areas for capital outlay. In addition, the State Board of Education shall develop a consistent, systematic research approach to student membership projections which will be used in the development of needs within each local unit, but such projections shall not be confined to resident pupils in student membership but shall be based on student membership which includes nonresident pupils, whether or not such nonresident pupils attend school pursuant to a contract between local units of administration. The nonresident projection shall be the most recent five-year student membership average. 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 responsibility of the local unit and shall not count toward present or future required local participation; (6) To adopt policies, standards, and guidelines to ensure that the provisions of subsections (f), (g), (h), and (i) of this Code section 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 completed construction projects financed in whole or in part with state funds, except construction 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 Georgia 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 failure 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. 2150 JOURNAL OF THE HOUSE, (e) In order to qualify for and receive state capital outlay funds in accordance with provisions of subsections (h) and (i) of this Code section, each local unit must meet the following conditions and requirements: (1) Prepare and annually update an educational facilities and real property inventory 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) of this Code section. Each proposed construction project shall be identified according to the purposes for capital outlay funds as provided in subsection (f) of this Code section. Each local unit shall specify the order of importance of all proposed construction projects. When two or more local units agree on the need for a consolidation project pursuant to subsection (f) of this Code section, the estimated construction cost shall be prorated to the participating local units and included with their identification of needs in accordance with the proportion 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 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 participation; (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) of this Code section; and (6) Revise the local educational facilities plan and priority order of requested con- struction projects in accordance with provisions of subsection (c) of this Code section. (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 student enroll- ment 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 educational 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, inacces- sible, energy deficient, or unsanitary physical environments; (3) To provide construction projects for new additions to existing educational facilities 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 popu- lations 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 comprehensive high school structure but neither shall such vocational wing be excluded for funding purposes; and (6) To reimburse local units of administration for current principal payments on local indebtedness for state approved construction projects for educational facilities. WEDNESDAY, MARCH 6, 1985 2151 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 paragraphs (1) through (5) of this subsection have been completed. (g) The state and each local unit of administration shall provide 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 by the total amount of the state-wide equalized adjusted school property tax digest per total resident pupil. The resulting index shall be multiplied by 25 percent of the cost of the eligible construction project to determine the required local participation. A local unit may reduce its required local participation by an amount equal 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 paragraph (2) of this subsection; and (2) Eligible construction projects for consolidations as determined in subsection (f) of this Code section 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 educational 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) of this Code section 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 million 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 estimate 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) of this Code section; and (B) The sum of the annual debt service payments for the five-year period of the latest survey (that used in subparagraph (A) of this paragraph), 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) of this Code section. Such payments shall annually be adjusted downward for any portion used in lieu of required local participation as allowed in subsection (g) of this Code section 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) of this subsection 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 2152 JOURNAL OF THE HOUSE, 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) of this subsection. In the event that projects requested for funding exceed the total state entitlements and required local participation, local units may elect to contribute additional local funding. 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 necessary, 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 Education for a fiscal year shall be that level which is consistent with the appropriations Act for that year. (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 proposed 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) of this Code section 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) of this Code section; (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) of this Code section 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) of this Code section shall be made separately from subsection (h) of this Code section for regular entitlements. (k) The State Board of Education shall implement a computerized student projection program for each school system in Georgia as a component of the comprehensive information retrieval system. The program shall be used in this subsection to forecast facility needs in each system by projecting student membership for each grade level and shall be written in the educational facilities survey. The projection program methodology at least must correlate live-birth data to enrollment and project student enrollment for each of the grades, including kindergarten, for each of the next five years using cohort survival. (1) The State Board of Education shall request funds for capital outlay purposes as defined in subsections (a) through (k) of this Code section for each school system and project. For each project, the State Board of Education shall present to the Education WEDNESDAY, MARCH 6, 1985 2153 and Appropriations committees of the House of Representatives and the Senate of the General Assembly by object of expenditure all costs contributing to the construction project. This itemization shall include, but not be limited to, architectural fees, new construction, modification, and renovation costs for the project. Itemization for additions, modifications, and renovations shall include type of classrooms by purpose, estimated square footages, and costs for hallways, restrooms, administrative offices, lunchrooms, and media centers. Costs for new facilities shall be budgeted by the current construction cost times the total square footage required. 20-2-261. (a) The State Board of Education shall establish 'common minimum requirements' which each public school facility must meet in order to be certified for use in any component of the educational or recreational program of that school. Such minimum requirements shall include those provisions of law or state board policy on matters that relate to fire and physical safety; sanitation and health, including temperature and ventilation; minimum space, size, and configuration for the various components of the instructional program; and construction stability, quality, and suitability for intended uses. (b) The state board shall adopt policies and procedures to ensure that each school facility meets minimum standards as determined by state board policy. (c) A proposed plan of action which includes a list and description of each deficiency and time limits within which such deficiencies are to be corrected must be submitted to the state board for review and approval. Further, the state board shall have the authority to withhold all or part of the state funds in support of this article from any unit of administration refusing or failing to implement the plan of action for deficiency remediation approved by the state board. Part 11 20-2-270. (a) The state board shall establish a state-wide network of regional educational service agencies for the purposes of providing shared services which are designed to improve the effectiveness of educational programs and services of local school systems and of providing instructional programs directly to selected public school students in the state. The programs commonly known as the Georgia Learning Resource System and Psycho-Educational Centers for severely emotionally disturbed students shall be assigned to and operated by the regional educational service agencies; provided, however, that any regional educational service agency may elect to contract with a local school system which was acting in fiscal year 1986 as the fiscal agent for a Psycho-Educational Center or Georgia Learning Resource System to continue in that capacity; provided, further, that any local system that was serving as a fiscal agent for the Georgia Learning Resource System or Psycho-Educational Center on January 1, 1985, may continue to serve in that capacity as a fiscal agent, provided that any election to so serve is made in writing by the local board of education to the State Board of Education and the regional educational service agency on or before July 1, 1986. This right of election can be exercised only one time and will remain in force until changed as provided in this Code section. A local system making such an election as provided in this Code section, may, at any time after such an election is made and at the end of any fiscal year, elect to have the regional educational service agency serve as its fiscal agent. The shared services to member local school systems may include such services as: (1) Staff development programming; (2) Assistance in implementing the uniformly sequenced core curriculum adopted by the State Board of Education and other curricular improvements; (3) Assistance in preparing plans or project proposals to be submitted to the state board; (4) Assistance in improving instructional programs; (5) Assistance in using computers and other electronic technology; and (6) Providing shared purchasing, printing, and machine maintenance and repair, (b) All member and nonmember local school systems shall be provided the services of the Georgia Learning Resource System. The instructional programs provided directly to selected public school students shall include any such program to any such students 2154 JOURNAL OF THE HOUSE, as may be provided under contract with one or more member local school systems, or as prescribed by the state board for students with handicapping conditions which are either of such low incidence or of such severity that it is unfeasible or impractical to provide needed educational and training services through local school systems pursuant to Code Section 20-2-151; provided, however, that severely emotionally disturbed students of all local school systems, member and nonmember local school systems alike, shall be provided the instructional and support services of the Psycho-Educational program. The regional educational service agencies established by the state board may legally be referred to as 'RESA' or 'RESA's.' 20-2-271. (a) The State Board of Education shall establish the service area of each regional educational service agency as a single geographical area of this state that contains the entire area for several local school systems. To the extent feasible and practical, all such service areas should be homogeneous in terms of the number of local school systems, the number of public schools, the number of students, the number of square miles within the service area, and in terms of such other factors as may be deemed necessary by the state board; provided, however, that the service area for metropolitan Atlanta may be an exception due to the high density of students per square mile. The total number of such service areas shall be as small as possible to ensure cost effec- tiveness of its operation; however, the number shall be large enough to minimize excessive travel time when providing shared services within any such service area. Each local school system in this state shall be assigned to one of these service areas. (b) Each local board of education of a local school system which will not be a member of the regional educational service agency in its designated service area during the ensuing fiscal year shall approve a resolution to that effect and forward a copy of said resolution to the State Board of Education and the board of control of the regional agency by January 15. Such action shall be required annually. 20-2-272. (a) Each regional educational service agency shall be governed by a board of control which shall have such number of members for such terms of office as prescribed by the State Board of Education, provided that at least one-third of the membership of each board of control shall be individuals who hold no other public office, who are not employees of any local unit of administration, and who are not employees of the Department of Education. The members of the board of control shall be elected by an annual caucus of an equal number of members of local boards of education from the respective member local school system. The state board shall also prescribe for an equal number of local board members from each member local school system to participate in said caucus. (b) All laws and the policies and regulations of the State Board of Education appli- cable to local school systems and local school system boards of education shall be applicable to the agencies and their boards of control unless explicitly stated otherwise in this part. No board of control shall hold title to real property or levy or collect any taxes. No board of control shall expend or contract to expend any funds beyond the amount of funds that the board of control is legally authorized to receive and will, in fact, receive. Each board of control shall submit an annual report and an annual budget to the state board, in the manner prescribed by the state board, for review and approval. (c) The state board shall be responsible for assuring that the activities of each agency and its board of control established under this part conform to both the Constitution and laws of Georgia, as well as the policies and regulations of the state board. The State School Superintendent shall prepare an annual report to the General Assembly giving an assessment of the status and achievements of the shared service programs in the state. (d) Boards of control shall determine needs of school children in the area served by each agency, establish priorities from those needs, and allocate resources accordingly. Boards of control shall annually review the progress and cost efficiency of the agencies in terms of their success and efficiency in meeting priorities. Efficiency shall be assessed by relating outputs to dollar inputs. Boards of control shall determine the procedures and activities of each agency as related to the achievement of locally established objectives. Boards of control shall likewise establish job descriptions, personnel qualifications, and work schedules in terms of locally established priorities. WEDNESDAY, MARCH 6, 1985 2155 20-2-273. (a) Each board of control shall appoint and contract with a director who shall be the administrative and professional head of the regional educational service agency. The director shall be responsible for the administration of programs and services approved by the board of control and shall be the fiscal officer of the board. (b) The regional educational service agency staff shall consist of those individuals authorized by the board of control to provide those services desired by the member systems and those individuals necessary to provide the instructional and support services prescribed in Code Section 20-2-270 for all local school systems within the service area. 20-2-274. (a) The State Board of Education shall grant sufficient funds appropriated by the General Assembly for this purpose to each regional educational service agency to finance the state's share of the basic operating expenses, to provide instructional and support services to students eligible for the psychoeducational program, to provide services under the Georgia Learning Resources System to all local school systems in its service area, and to provide instructional and training services to handicapped students pursuant to Code Section 20-2-151. The amount of funds needed by each regional educational service agency to finance its basic operations shall be reflective of the number of member local units of administration and the number of schools and students contained within such member local units. The State Board of Education shall present a budget for each regional educational service agency by basic operating expense, psychoeducational program, Georgia Learning Resources System, and instruction and training service to handicapped students. This budget shall include a division of the state and local share for each program in support of appropriations considerations by the General Assembly. The member local school systems shall on a state-wide basis collectively contribute one-fourth of the basic cost of operating the regional educational service agency network. The amount each member local school system shall contribute shall be based upon its ability to contribute, as determined by the State Board of Education. In making this determination the State Board of Education shall consider the same factors that it uses for determining local fair share as set forth in Code Section 20-2-164. All other financing will be based on contracts to supply service programs to member local school systems. The funds for these programs, upon a contract approval basis, may be derived from local, state, federal, or private sources. (b) An agency may not receive directly from the state board any state funds originally intended or directed by this article to a local school system; provided, however, that, upon the official request of a local school system, the state board may send directly to an agency any funds allocated to a local school system. All grants from the state along with the contributions from member systems and funds from other sources shall be budgeted by the board of control. Part 12 20-2-280. The State Board of Education shall adopt a state-wide long-term strategic plan which is reflective of the educational programs and services and other public educational functions which need improvement state wide or in selective areas of the state and which contains the priorities and planned actions designed to address such needs. Each local school system shall develop and adopt a system-wide long-term strategic plan which is reflective of the priorities contained in the state-wide long-term strategic plan adopted by the state board and such needs for improving educational programs and services system wide or in specific schools as were identified through an in-depth selfstudy or an evaluation by the Department of Education pursuant to Code Section 20-2-282. Such long-term strategic plans of local school systems shall contain a description of assessed needs, a list of planned improvements of educational programs or services designed to address the assessed needs, a list of the educational goals for the educational programs or services to be improved, a list of educational objectives determined from these goals, a course of action for implementing the planned improvements including a phasing timetable, an evaluation system to determine if the educational objectives in the plan are being attained, and such other items as the state board may deem necessary. The state board shall prescribe the method by which such strategic plans shall be submitted and reviewed for approval. To the extent deemed reasonable 2156 JOURNAL OF THE HOUSE, and appropriate by the state board, this Code section shall apply to regional educational service agencies. 20-2-281. (a) The State Board of Education shall adopt norm-referenced and criterion-referenced instruments, procedures, and policies as it deems necessary to assess the effectiveness of the educational programs of the state and shall fund, subject to appropriation of the General Assembly, all costs of providing and scoring such instruments. Nationally norm-referenced instruments shall be administered to students in grades two, four, seven, and nine. Criterion-referenced instruments, or other instruments that the state board may develop which measure student performance on the basic Georgia curriculum, shall be administered to students in grades one, three, six, eight, and ten. All such assessments shall place emphasis upon reading, writing, and mathematics but shall include science and social studies. The nationally-normed assessments shall provide students and their parents with grade equivalencies and percentile ranks which result from the administration of such tests. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP) beginning in fiscal year 1987 and thereafter. The results of such testing shall be provided to the Governor's office, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board shall adopt a school readiness assessment for students entering first grade and shall administer such assessment pursuant to subparagraph (B) of paragraph (2) of subsection (b) of Code Section 20-2-151. (b) The state board shall have the authority to condition the promotion of students from one grade to the next or condition the awarding of a high school diploma to a student upon his achieving satisfactory scores on instruments or tests adopted and administered by the state board pursuant to subsection (a) of this Code section. The State Board of Education is authorized and directed to adopt regulations providing that any handicapped child, as defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the awarding of a high school diploma. Said regulations shall further provide for appropriate accommodations in the administration of such test. Said regulations shall further provide for the awarding of a special education diploma to any handicapped student who is lawfully assigned to a special education program and who does not achieve a passing score on said test but who has nevertheless completed his or her Individualized Education Program. 20-2-282. (a) (1) The State Board of Education shall supervise a comprehensive evaluation of each public school, local school system, and regional educational service agency which shall be done at least once every five years concerning the following functions to the extent they are deemed by the State Board of Education to be appropriate and applicable to such units: (A) The extent to which the strategic plan has been effectively implemented; (B) The extent to which the state board adopted uniformly sequenced core curriculum has been effectively implemented; (C) The extent of compliance with state laws and state board prescribed policies, rules, regulations, standards, and criteria; (D) The effectiveness of educational programs and services, including comparisons to comparable student bodies in terms of demographics; (E) The effectiveness of the annual personnel evaluation procedures and annual professional development plan procedures and the extent to which staff development programs effectively address deficiencies and other needs identified through these processes; (F) The accuracy of the student count procedures; (G) The accuracy of fiscal procedures, particularly as they apply to implementing the state board prescribed accounting system and ensuring funds are expended for purposes authorized by state laws and state board policy and regulations; (H) The extent of public awareness and information processes; and (I) Such other functions deemed necessary by the state board for a full and comprehensive evaluation of such units. WEDNESDAY, MARCH 6, 1985 2157 (2) Such comprehensive evaluation processes shall include individuals from other such units, college teacher preparation programs, and citizens residing within the respective units; the number and role of such individuals being prescribed by the state board; provided, however, that such individuals shall be coordinated by professional evaluators. The state board shall be authorized to require additional evaluations of such units by the Department of Education. (b) The State Board of Education is authorized, subject to appropriation by the General Assembly for this specific purpose, to establish regional offices of the Department of Education. Should the state board establish such regional offices of the Department of Education, their service areas shall be congruous with the service area of regional educational service agencies as provided for in subsection (a) of Code Section 20-2-271 and all employees of such regional offices shall be employees of the Department of Education. (c) The State Board of Education shall designate public schools, school systems, and regional educational service agencies which receive a satisfactory comprehensive evaluation pursuant to subsection (a) of this Code section as 'standard' schools, school systems, or regional educational service agencies, respectively. The State Board of Education shall award a certificate of acknowledgment for superior performance to all such units which receive a superior comprehensive evaluation relative to comparable units having comparable student bodies, shall provide such units, excluding the regional educational service agencies, with grants appropriated by the General Assembly for this purpose pursuant to the provisions for incentive awards in Code Section 20-2-243 and shall designate such units as 'exemplary' schools, school systems, or regional educational service agencies, respectively. The state board shall designate all such units which receive an unsatisfactory comprehensive evaluation relative to comparable units as 'nonstandard' schools, school systems, or regional educational service agencies, respectively. The state board shall adopt such criteria as necessary to determine the status of each unit under the comprehensive evaluation process. (d) Each local school system shall annually inform the citizens residing within its area concerning the collective achievement of enrolled students by school and system, costs of providing educational programs and services by system, and such other items as deemed necessary by the State Board of Education in the manner prescribed by the state board. The State Board of Education shall publish in the legal organ of the county where the local school system is located the result of the comprehensive evaluation including a summary of any deficiencies as may have been identified and recommendations for addressing said deficiencies. The State School Superintendent shall annually report to the Governor and the General Assembly concerning the results of all state-wide assessment of student achievement; the status of each public school, school system, and regional educational service agency; and the progress each nonstandard unit has made toward addressing identified deficiencies. Copies of such reports shall be made available upon request. The State School Superintendent shall be authorized to require local school superintendents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operation of public education in this state. The State School Superintendent shall compile an annual report in which shall be presented a statement of the condition and amount of all funds and property appropriated to the purpose of public education; a statement of the average cost per pupil of instruction under the public school system; and a statement of the number of children of school age in the state, with as much accuracy as possible. Such report shall be kept in the superintendent's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request. (e) The State Board of Education shall report to the education committees of the House of Representatives and the Senate on a quarterly basis as to the progress made on the implementation of this article. The reports by the state board shall include any justification for problems with implementation of the Quality Basic Education Program, evaluation results, and any projected needs beyond base allocations which it anticipates will be requested through the appropriations process for systems to meet the intent of 2158 JOURNAL OF THE HOUSE, the General Assembly. The State Board of Education shall not include in any plan submitted to a federal agency any provision which commits future state funds beyond that which it normally receives annually through the appropriations Act unless such plan also contains a provision which states that such initial and continuing commitment is contingent upon such funds being appropriated by the General Assembly. (f) The State Board of Education shall prescribe such policies, procedures, and instruments as are deemed necessary for the effective implementation of this Code section. Further, the state board shall revise state standards to the extent necessary to be consistent with this article. State standards shall be evaluated in terms of level of compliance or quality. 20-2-283. (a) All local units of administration which are designated to be nonstandard or which operate one or more public schools so designated shall be required to submit to the state board for its approval a corrective plan designed to address all deficiencies identified pursuant to Code Section 20-2-282. Such corrective plans shall include a description of the actions to be taken to correct each deficiency, a designation of the resources which will be applied to these actions, the date on which each action shall be initiated and completed, the evaluation procedures to be used to assess progress, the technical assistance needed to execute the corrective plan and anticipated source of such assistance, and such other items deemed necessary by the state board for an effective corrective plan. It shall be the duty of regional educational service agencies to supply member local school systems and the Department of Education to supply to all local units of administration such technical assistance that they may need and request concerning the development and implementation of these corrective plans. (b) The State Board of Education shall review once every six months the progress of nonstandard local units of administration in implementing state board approved corrective plans. Such reviews shall continue until such corrective plans have been fully implemented or the local unit has been redesignated by the state board as a standard or exemplary unit. (c) The State Board of Education shall conduct a comprehensive evaluation pursuant to Code Section 20-2-282 of all local units which had been designated by the state board as nonstandard. Such evaluation shall be conducted within two years after the state board has approved their corrective plan. (d) In the event the state board finds that any local unit of administration is making unsatisfactory progress relative to development or implementation of a corrective plan pursuant to this Code section, the state board shall be authorized to take any one or any combination of the following actions: (1) The state board is authorized to increase the local fair share of such local unit pursuant to Code Section 20-2-164 by an amount deemed necessary by the state board to finance all resources and actions needed to correct identified deficiencies; or (2) The state board is authorized to file a civil action in the superior court of the county wherein the school system is located requesting the trial judge to determine whether any member of the board of a local school system or any local superintendent has by his actions or inactions prevented or delayed implementation of the corrective plan. If the judge finds that any board member or local superintendent has prevented or delayed implementation intentionally, then the judge may issue an order requiring the board member or superintendent, or both, to implement the corrective plan. The court shall have the power to appoint a trustee to make sure the order of the court is carried out. Any expenses or costs incurred by the trustee in carrying out his duties, when supported by the court, shall be paid for out of funds used to pay for expenses incurred by board members. If the trustee finds that any board member or super- intendent is violating the order of the court, then the judge may remove such board member or superintendent and appoint a replacement until the vacancy can be filled as provided by law. The court shall have such powers as are necessary to carry out the provisions of this subsection. Part 13 20-2-290. The board of education of any local unit of administration is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. However, the State Board of Education shall provide grants subject to appropriation by the General Assembly for this purpose to local school systems which WEDNESDAY, MARCH 6, 1985 2159 operate middle school programs which meet the criteria and standards prescribed by the state board. The amount of such grants shall be an additional 13 percent of all funds needed under the Quality Basic Education formula provided for in Code Section 20-2-161 for students in grade levels six, seven, and eight who are counted in the fulltime equivalent counts for a qualified middle school program. Local school systems which have organized their schools in such a manner that facilities house more than grades six, seven, and eight or that students in these grades are split across elementary and upper grade level schools shall qualify for the middle school program, provided they meet all criteria and standards prescribed by the state board. Further, two or more adjacent school systems shall qualify for the middle school program if through their contractual arrangement they all jointly meet the criteria and standards prescribed by the state board. For those systems which are unable to implement a middle school program containing grades six, seven, and eight, the state board shall have the authority to fund either grades six and seven or grades seven and eight under the provisions of this Code section if such programs meet all other criteria and standards prescribed by the state board. This Code section shall in no way require a local school system to construct a middle school containing grades six, seven, and eight in order to qualify for funds under this Code section. 20-2-291. (a) In the event any local school system is voluntarily consolidated with one or more adjoining local school systems under the provisions of Code Section 20-2-60 or Code Sections 20-2-370 through 20-2-372, all local school systems which are a party to such voluntary consolidation shall not be required to finance any portion of the costs for any new construction or any renovation of existing facilities qualified under Code Section 20-2-260 subject to appropriation for this purpose by the General Assembly. (b) In the event any local school system which has an elementary school which has less than 450 full-time equivalent students, a middle school which has less than 624 fulltime equivalent students, or a high school which has less than 485 full-time equivalent students is voluntarily consolidated with another school or a school is constructed to serve the areas of such school and one or more additional schools, provided any such merged school shall serve more students than the respective foregoing number, the local school system shall be required to finance one-half the costs that the local school system would otherwise be required to finance under the provisions of Code Section 20-2-260 for any new construction or any renovation of existing facilities. (c) All benefits to local school systems as provided under subsections (a) and (b) of this Code section shall be conditioned upon the following: (1) No student shall be expected or required to travel a greater distance or time than the maximum travel distance and time prescribed by the state board to attend a school unless the state board explicitly authorizes an exemption based upon the greater good for all students which will result from such system consolidation or school merger; and (2) In the event of consolidation, all existing buildings will be utilized for educational purposes to the extent feasible and practical. 20-2-292. (a) The State Board of Education shall provide sparsity grants, subject to appropriation by the General Assembly for this purpose, to qualified local school systems beyond those funds to which they otherwise are entitled by the provisions of this article and state law. To qualify for the provisions of this Code section, a local school system shall meet the following conditions: (1) The local system is unable to offer its students or a portion of its students comparable educational programs and services to that which are typically being offered to students of this state under provisions of the Quality Basic Education Program authorized in this article with the funds it is provided for this purpose; (2) The local system would still be unable to offer such comparable educational programs and services to its students or a portion of its students even if schools were merged or the local system is consolidated with an adjoining local system or local systems since the resulting schools would still be smaller than the sizes provided in subsection (b) of Code Section 20-2-291; or such mergers of schools or consolidation of local systems is infeasible since the travel distance or time for a significant portion 2160 JOURNAL OF THE HOUSE, of the students attending the resulting schools would be greater than the maximum travel distance and time prescribed by the state board; or the consolidation with adjoining local system or local systems was attempted and was rejected by either the officials or the voters of such adjoining local unit or units but such was not the case for this qualifying local system; and (3) The State Board of Education has completed a study which: (A) Concludes that school merger and system consolidation is infeasible; (B) Identifies all resources which are needed to provide all students with such comparable educational programs and services; (C) Determines which of these resources could reasonably be funded by the funds otherwise provided under this article and other applicable state law; and (D) Assigns an initial cost to all such resources needed under subparagraph (B) of this paragraph but not provided for under subparagraph (C) of this paragraph. Once a local school system becomes eligible for a sparsity grant under the provisions of this Code section, the State Board of Education shall conduct a new study as provided under subsection (a) of this Code section at least once every five years. (b) A local system shall continue to be qualified for the provisions of this Code section until the State Board of Education has completed such a study within five years, unless the local system has rejected an opportunity to consolidate with another local system, or the local system is being provided sufficient funds under other provisions of this article and other state law as may apply to provide such comparable educational programs and services to all its students. The grants provided under the provisions of this Code section shall be adjusted annually and comparably to the increases in the Quality Basic Education formula provided for in Code Section 20-2-161 in the manner prescribed by the state board. The state board shall prescribe such policies, regulations, procedures, and criteria as it deems necessary for the effective implementation of this Code section. (c) All local systems receiving funds during fiscal year 1986 under a grant commonly titled 'isolated schools' shall continue to receive such grant, subject to appropriation by the General Assembly for this purpose, adjusted annually as provided in subsection (a) of this Code section, through the end of the fiscal year that the State Board of Education has completed the study provided in subsection (a) of this Code section. Part 14 20-2-300. (a) The State Board of Education shall have authority to provide for implementation of other educational programs not ordinarily coming within the prescribed curricula of the public schools including but not limited to young farmer programs, youth camps, and food-processing programs, which may or may not require use by local units of additional specially qualified personnel and special equipment necessitating allotment of additional funds. The state board is authorized to establish priorities, standards, and criteria for implementation and operation of such programs as the state board may, in its discretion, find necessary or desirable to implement on a state-wide basis. Local units may, prior to implementation of such programs by the state board, implement such programs locally in accordance with criteria and standards prescribed by the state board. The state board shall, prior to implementation of such programs, establish a uniform basis for allotment of additional funds if such additional allotments are necessary for operation of such programs and the General Assembly has appropriated funds for this purpose. (b) The state board shall annually determine the amount of funds needed for operation of the state schools for the deaf and blind. Such funds appropriated by the General Assembly shall be made available for the operation of these schools under rules and regulations prescribed by the state board. (c) (1) The State Board of Education shall annually determine the cost of operating and maintaining the state-wide network of public school educational television stations, the state-wide cost of programming, and the state-wide cost of production and purchase of video tapes and other materials used in the state-wide public school educational television program. Such state-wide costs as determined by the state WEDNESDAY, MARCH 6, 1985 2161 board shall be paid entirely from state funds subject to appropriation by the General Assembly for this purpose and shall not be considered in determining the share of local units of administration of the cost of supporting the Quality Basic Education Program. (2) The state board shall develop a comprehensive plan for carrying out the purposes of this subsection. Such plan shall include, but not be limited to, reviewing the utilization of educational television for both instructional and public broadcasting purposes, the expansion of service, and the purchase and construction of facilities or equipment. (3) Notwithstanding any other Code section to the contrary, the State Board of Education may delegate the authority and duties found in paragraphs (1) and (2) of this subsection and any other authority and duties concerning educational television to the Georgia Public Telecommunications Commission, and the commission may contract for the purposes of paragraphs (1) and (2) of this subsection with public telecommunications facilities owned by an independent school system prior to 1960. (d) (1) The State Board of Education shall maintain an adult general education program within the state. This program shall provide instruction in basic skills and subjects to individuals 18 years of age and older who have left school and who have less than an eighth-grade education or its equivalent. Instruction in a variety of skills and subjects may be provided for individuals who have more than an eighth-grade education or its equivalent. Priority shall be given to elimination of illiteracy in the state and to the attainment of a general educational development (GED) equivalency diploma. Programs of general education for adults should serve to improve the ability of the individual to profit from occupational training and meet adult responsibilities more effectively. Individuals who are 16 or 17 years of age and who have withdrawn from school prior to graduation for a period of four or more months shall be eligible to enroll in adult education programs if they receive written approval for such enrollment from the superintendent of the local school system or the superintendent's designee. However, the language contained in this subsection shall in no way be interpreted to prohibit a student who withdrew from school prior to graduation due to marriage, pregnancy, childbirth, or complications thereof from reenrolling in the regular general education program upon proper petition as provided in Code Section 20-2-150. (2) Except where prohibited by federal law, rules, or regulations, local units of administration shall be authorized to utilize personnel funded under this Code section to administer and coordinate community education programs and activities as well as to execute their assigned duties and responsibilities related to adult education. (3) The state board is authorized to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for adult education. The state board shall establish policies, regulations, and standards relating to implementation and operation of general education programs for adults. To be eligible for state and federal funds, all programs shall be operated in accordance with the state board policies, regulations, and standards. Any other Code section of this article notwithstanding, the state board shall annually request of the General Assembly funds for adult general education and is authorized to utilize such state and federal funds to contract with local units of administration and other public agencies to finance adult general education for eligible individuals. (e) (1) There is established a State Board of Postsecondary Vocational Education consisting of not less than 15 members who shall be appointed by the Governor and confirmed by the Senate for five-year terms, one from each congressional district and five at-large appointments. Members shall represent business, industry or economic development. The board shall elect from its members a chairman, vice chairman, and such other officers as are considered necessary, each to serve for two-year terms. Officers may be elected to succeed themselves. Members shall serve until their successors are appointed; however, in the event of a vacancy on the board because of death, resignation, or removal for any reason other than expiration of a member's term, the Governor shall fill such vacancy and the person so appointed shall serve for the unexpired terms of office. 2162 JOURNAL OF THE HOUSE, (2) The State Board of Postsecondary Vocational Education shall be empowered to: (A) Approve occupational programs of two year duration or less; provided, however, any courses to be transferable to units of the University System of Georgia shall be approved by the board of regents; (B) Receive and hold title to property, equipment, money, and materials; (C) Solicit and receive funds from the general public, corporate underwriters, and foundations; (D) Contract with other state, federal, or local schools and organizations, individuals, or other legal entities; (E) Select and employ an executive director and staff and prescribe the duties and compensation thereof; and (F) Establish and promulgate standards, policies, and procedures for the orderly and efficient operation of postsecondary area vocational-technical schools, programs, and institutions, to include but not be limited to, developing criteria for employment and retention of faculty and staff, student admissions, program approval, salaries, tuition and fees; long and short-term planning to include facilities, program standards, length and outcome competencies; establishing provisions for appropriate recognition of program achievement below the baccalaureate level; soliciting resources from the private sector, industry-education partnerships, data collection, representing postsecondary vocational-technical education in all forums, and such other functions necessary to assure a state-wide system of schools with centralized and specialized leadership at the state level. (3) The State Board of Postsecondary Vocational Education shall exercise statelevel leadership, management, and operational control over postsecondary area vocational-technical schools, programs, and services including such postsecondary vocational schools now operated by the state and shall provide for a comprehensive program of career, occupational, and vocational-technical education for adults and outof-school youths. The purpose of this program shall be to promote the economic wellbeing of Georgia citizens by providing high quality postsecondary and adult vocational-technical education programs, services, and activities which are easily accessible by all segments of the adult population who need and can benefit from training, retraining, or upgrade training for employment; and to provide a system of schools which is a full partner in economic development and expansion of the state's economic base and represents a significant asset in the attraction of new business and industry to the state and the expansion of existing business and industry in the state. (4) The members of the State Board of Postsecondary Vocational Education who are in state employment shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations promulgated by the Office of Planning and Budget and the Department of Audits and Accounts in the same manner that employees of the state merit system are reimbursed. For those State Board of Postsecondary Vocational Education members who are not in state employment, the expense and mileage allowance shall be the same as that authorized for the General Assembly and shall be payable, subject to fund availability, from the State Board of Postsecondary Vocational Education. (5) The State Board of Postsecondary Vocational Education shall meet monthly. Additional meetings may be called by the chairperson or at the request of three or more of the members. (6) The State Board of Postsecondary Vocational Education shall adopt procedures for the conduct of its activities. (7) Any other Code section of this article notwithstanding, the State Board of Postsecondary Vocational Education shall annually determine the amount of funds needed to provide postsecondary and adult vocational-technical education programs for business and industry and for adults and out-of-school youths and shall annually request the General Assembly to make such appropriations as are needed. The State WEDNESDAY, MARCH 6, 1985 2163 Board of Education is designated as the 'sole state agency' to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for career, occupational, or vocational-technical education; however, those funds appropriated for the operation and management of postsecondary vocational-technical, adult, and industrial programs shall be placed under the jurisdiction and control of the State Board of Postsecondary Vocational Education; further, a proportionate share of those federal funds appropriated for planning, evaluation, program improvement, and other administrative and discretionary purposes shall be placed under the jurisdiction and control of such board. Those personnel positions authorized for fiscal year 1986 for the operation and management of the postsecondary area vocational-technical schools and adult centers, as well as a proportionate share of those positions authorized for fiscal year 1986 for planning, evaluation, program improvement, and other administrative and discretionary purposes, shall be transferred to the State Board of Postsecondary Vocational Education. Such employees shall retain all existing rights under the Employees' Retirement System of Georgia, Teachers Retirement System of Georgia, and the state merit system. (8) Any other Code section of this article notwithstanding, the State Board of Postsecondary Vocational Education is authorized to provide funds, appropriated by the General Assembly for this purpose, to local units of administration and to other state and local agencies to be used for career, occupational, and vocational education. (9) Any other Code section of this article notwithstanding, and subject to appro- priations by the General Assembly, the State Board of Postsecondary Vocational Edu- cation may adopt such salary and salary supplement schedules deemed necessary to carry out paragraph (8) of this subsection and shall establish policies, regulations, and standards relating to and necessary for the implementation of this subsection. (10) Any other Code section of this article notwithstanding, all decisions regarding the delivery of postsecondary and adult vocational-technical education programs and service to business, industry, and individuals who are 16 years of age or older and who have completed or left the public schools shall be made by the State Board of Postsecondary Vocational Education. Commensurate with this authority the board shall exercise state-level management and operational control over the postsecondary area vocational-technical school system and adult vocational centers. (11) Nothing in this Code section shall abridge the authority of the board of regents to establish or operate colleges or of local or independent city or area boards to oper- ate schools. (12) The State Board of Postsecondary Vocational Education shall establish those policies, standards, operating procedures, and control measures necessary to provide a modern system of postsecondary vocational-technical schools which is highly respon- sive to the occupational education and training needs of business, industry, and students, and which enhances the state's competitive position for economic development. (13) The State Board of Postsecondary Vocational Education shall appoint an executive director and shall fix his compensation, duties, and responsibilities consis- tent with the provisions of this article. The executive director shall exercise the overall supervision and direction of the staff of the State Board of Postsecondary Vocational Education and shall serve at the pleasure of the State Board of Postsecondary Vocational Education. The State Board of Postsecondary Vocational Education may assign and delegate to the executive director such responsibilities, powers, and duties as the State Board of Postsecondary Vocational Education may deem proper and appropriate, including the authority to execute in behalf of the State Board of Postsecondary Vocational Education legal documents and other filings. (14) The executive director shall be responsible for implementing the policies of the State Board of Postsecondary Vocational Education and for the day-to-day operations of the State Board of Postsecondary Vocational Education. The executive director shall develop job descriptions for the necessary administration, programmatic, liaison, and clerical personnel and shall, at his discretion, hire staff necessary for the oper- ation of the State Board of Postsecondary Vocational Education. (15) Newly hired professional personnel employed for the first time by the State Board of Postsecondary Vocational Education on and after July 1, 1985, shall become 2164 JOURNAL OF THE HOUSE, members of the Teachers Retirement System of Georgia as a condition of employment, unless such personnel select membership in the Employees' Retirement System of Georgia. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the State Board of Postsecondary Vocational Education. The State Board of Postsecondary Vocational Education shall provide by regulation for informing prospective employees who are to be employed as certified professional personnel of the option provided for by this subsection so that such personnel may choose membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia at the time of their employment. (16) Any other Code section of this article notwithstanding, the State Board of Postsecondary Vocational Education shall assume the management, operation, and control of the Quick Start Program. The State Board of Education shall transfer to the State Board of Postsecondary Vocational Education all existing staff, equipment, funds, property, and support functions and facilities currently under its control to accomplish this requirement, as set forth in this Code section. (f) (1) The State Board of Education shall annually determine and request of the General Assembly the amount of funds needed for county and regional public libraries of the state. This request shall include, but not be limited to, funds to provide library books and materials, salaries and travel for professional librarians, capital outlay for public library construction, and maintenance and operation. The amount for library books and materials shall be not less than 354: per person. Funds for the purpose of paying the salaries of librarians allotted shall be in accordance with regulations established by the state board and the state minimum salary schedule for certificated professional personnel. Public library funds shall be apportioned to county and regional public libraries in proportion to the area and population to be served by such libraries in accordance with regulations and minimum public library requirements prescribed by the state board. All such funds shall be distributed directly to the regional or county library boards. (2) The state board shall further make adequate provisions for staff, supplies, services, and facilities to operate and maintain special media equipment to meet the library needs of the blind and handicapped citizens of this state. (3) The state board shall further provide the staff, materials, equipment, and supplies to provide a book-lending and information service to all county and regional public libraries in the state and to coordinate interlibrary cooperation and interchange of materials and information among all types of libraries. (4) The state board is further authorized as the sole agency to receive federal funds allotted to this state under acts of Congress appropriating federal funds for public libraries. (5) The state board shall adopt policies and regulations to implement this subsection. (g) The state board is authorized to inaugurate a student honors program for pupils in the public and private high schools of this state who have manifested exceptional abilities or unique potentials or who have made exceptional academic achievements. Such program may be conducted during summer months between normal school-year terms at institutions of higher learning or other appropriate centers within this state with facilities adequate to provide challenging opportunities for advanced study and accomplishments by such students. The student honors program shall be implemented and operated in accordance with criteria to be established by the state board, and operating and pupil costs and expenses may be paid by the State Board of Education from funds made available for this purpose by the General Assembly. The state board is authorized to enter into cooperative agreements with the Board of Regents of the University System of Georgia for operating and sharing the costs of such programs. (h) The State Board of Education is authorized to inaugurate and operate a residential high school program for highly gifted and talented youths of this state. This residential high school program shall consist only of students in the eleventh and twelfth grades. Enrollment in this residential high school program shall be by student application and on a voluntary basis; provided, however, that the parent or legal guardian of WEDNESDAY, MARCH 6, 1985 2165 such student must have signed an agreement authorizing enrollment in this program. This program shall be operated during the normal school year for a minimum of 180 days, in cooperation with one of the state universities or colleges, and from funds provided by the General Assembly for this purpose. The state board is authorized to enter into cooperative agreements with the Board of Regents of the University System of Georgia concerning the operation and sharing of costs of this program. The state board shall prescribe policy, regulations, standards, and criteria as deemed necessary for the effective operation of this program. (i) The State Board of Education shall have authority to provide for the operation of youth camps, food-processing programs, and young farmer programs. The State Board of Education shall annually determine the amount of funds needed to provide the programs described in this subsection and shall annually request from the General Assembly such appropriations as are needed. 20-2-301. The State Board of Education shall be empowered to form a coordinating committee for exceptional individuals. The Coordinating Committee for Exceptional Individuals shall consist of a representative of the Governor's office, no less than three representatives of the Department of Education, no less than three representatives of the Department of Human Resources, and no less than three representatives of the Department of Offender Rehabilitation. At least one of each department's representative shall be from the upper levels of management, and all representatives shall be designated by their respective department head. The committee shall be provided a full-time staff of one professional from the Department of Education and one professional from the Department of Human Resources. The committee shall report annually to the Governor and the General Assembly concerning issues addressed and the progress which results. The issues which shall be addressed by the committee shall include, but shall not be limited to, clear delineation of responsibility regarding services to handicapped individuals, clear delineation of referral and coordination processes, and resolution of how such understandings shall apply in specific instances, particularly when such resolution involves a conflict at the institutional and school-system level. 20-2-302. Any public school at the secondary level which provides access to the campus or to student directory information to persons or groups which make students aware of occupational or educational options shall provide access to the campus and student directory information on at least the same basis to official recruiting representatives of the military forces of the state and the United States for the purpose of informing students of educational and career opportunities available in the military. 20-2-303. Each student in the public schools of this state, upon attaining the age of 18 years, shall be apprised of his or her right to register as an elector and to vote in elections and of any obligation to register with the Selective Service System upon attaining the age of 18 years. The State Board of Education shall promulgate rules and regulations to carry out this Code section. An excused absence of a student to register or vote, as determined by the local unit of administration, shall not exceed one school day. 20-2-304. Each student in the public schools of this state shall be afforded the opportunity to recite the Pledge of Allegiance to the flag of the United States of America during each school day. It shall be the duty of each local board of education to establish a policy setting the time and manner for recitation of the Pledge of Allegiance. Such policy shall be established in writing and shall be distributed to each teacher within the school. 20-2-305. Notwithstanding this article and other school laws, the State Board of Education is authorized to provide, by regulation, a procedure and manner whereby a pupil shall, for such compelling reasons and circumstances as may be defined and specified by the state board, be permitted to attend and to be included as an enrolled pupil in the public schools of a local unit of administration immediately adjacent to the local unit of administration wherein the pupil resides for the purpose of allotting state funds under this article, notwithstanding absence of an agreement between the two adjacent local units and a refusal by the board of education of the local unit wherein the pupil resides to approve voluntarily such transfer of the pupil to the public schools of the adjacent local unit; provided, however, that the board of education of the adjacent local 2166 JOURNAL OF THE HOUSE, unit is willing to receive and to permit such pupil to enroll in and to attend the public schools of such local unit. The state board shall adopt such rules, regulations, and policies as may be necessary for implementation of this Code section. Grant or refusal of permission for pupils to attend such schools, for the purpose of permitting state funds to follow such pupils, shall be entirely discretionary with the state board and shall, in the absence of a clear abuse of discretion by the state board, be final and conclusive. Local units of administration may contract with each other for the care, education, and transportation of pupils and for such other activities as they may be authorized by law to perform. 20-2-306. (a) The Governor prior to July 15, 1985, shall appoint a task force composed of representatives from the Department of Education, the Office of Planning and Budget, the Department of Audits, the Department of Administrative Services, and the Legislative Budget Office to identify the specific data required to implement the Quality Basic Education Program on a fiscally sound basis. The task force is directed to identify any other information which will be required from local units of administration for the implementation of this article and to design a state-wide educational information system which will provide for the accurate and timely flow of information from local units of administration to the state. (b) This task force shall further develop specifications for hardware and software acquisition for administrative uses. Such specifications shall be followed by the state board and local units of administration. The state board shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance of the state-wide educational network, including any funding needed for equipment and software for local units of administration. (c) Any information, unless otherwise prohibited by statute, collected over the statewide educational network shall be made available to the Governor's office and the House and Senate Appropriations and Education committees. (d) The state-wide educational network shall be substantially completed prior to July 1, 1987, and shall be fully completed by July 1, 1988, and the task force appointed by the Governor shall be abolished on July 1, 1987. As used in this Code section, the words 'substantially completed" would include at a minimum complete FTE counts and complete salary data for each school system. 20-2-307. The State Board of Education shall not initiate or cause to be initiated any program, program expansion, activity, or activity expansion related to or contemplated in this article which would result in additional expenditures by the state if such expenditures are not funded or otherwise contemplated by the General Assembly in an appropriations Act in force or to be in force within one year. 20-2-308. The State Board of Education shall maintain, according to the specific data categories defined by the task force created under Code Section 20-2-306, expenditure records for each instructional program and categorical grant under this article. As a part of its annual budget request, the State Board of Education shall specify the student-teacher ratios for each of the program weights and the cost components reflected in the base amount defined in subsection (a) of Code Section 20-2-161. Such information shall be made available, upon request, to the Appropriations and Education committees of the House of Representatives and Senate of the General Assembly." Section 2. Said chapter is further amended by striking Code Sections 20-2-37, 20-2-38, 20-2-56, 20-2-61, 20-2-670, 20-2-671, 20-2-720, 20-2-941, 20-2-1030, 20-2-1031, and 20-2-1032, which read respectively as follows: "20-2-37. The State School Superintendent shall compile an annual report in which he shall present a statement of the condition and amount of all funds and property appropriated for the purpose of public education; a statement of the number of public schools of the various grades; the number of pupils attending such schools, their sex, race, and the branches taught; a statement of the average cost per pupil of instruction under the public school system in each county; a statement of the plans for the management, extension, and improvement of the public schools; a statement of the number of children of school age in the state, with as much accuracy as possible; and a statement of the number of private schools and colleges of the different kinds in the state, the WEDNESDAY, MARCH 6, 1985 2167 number of pupils in such schools or colleges, their sex, the branches taught, and the average cost of tuition per pupil in such schools and colleges. Such report shall be kept in the Superintendent's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request. 20-2-38. The State School Superintendent shall have the right to require the county school superintendents to make such reports as he may prescribe, and in default of complying as far as may be practicable with this requirement, the county school superintendents shall not be entitled to compensation for their official services. The Superintendent shall also have the right to require a report similar to that mentioned in Code Section 20-2-37 from the chairman of the board of education or the chief executive officer of any public school organization operating under any special law; and until the report is made, such organization shall not receive the pro rata share of the state school fund to which it otherwise would be entitled. 20-2-56. It is declared to be the policy of Georgia that all newly elected and newly appointed members of county and other local boards of education should, before or after assuming office, receive orientation on the educational program objectives of Georgia and instruction and study in school finance; school law, with special emphasis on the Adequate Program for Education in Georgia; responsiveness to the community; and the ethics, duties, and responsibilities of local school board members. The Department of Education is authorized to conduct workshops providing such instruction and study, in cooperation with the Georgia School Boards Association, and to present to each board member completing such workshop instruction and study an appropriate certificate. All county, municipal, independent, and area boards are authorized to pay to such newly elected or newly appointed board members from local funds the same per diem as now or hereafter authorized by local or general law for attendance upon regular or special meetings, as well as reimbursement of actual expenses for travel, lodging, meals, and registration fees for attendance upon such workshops, either before or after such newly elected or newly appointed board member assumes office. 20-2-61. The board of education of any county or independent school system is authorized if, in its opinion, the welfare of the schools of the county or independent system and the best interests of the pupils require, to reorganize the schools within its jurisdiction and to determine and fix the number of grades to be taught at each school in its respective systems. 20-2-670. No student shall be refused admission into or be excluded from any public school in the state on account of race, creed, color, or national origin. 20-2-671. Admissions to all public schools shall be gratuitous to all eligible children residing in the districts in which the schools are located. Honorably discharged veterans of World War II may attend the public schools of this state, regardless of age, under rules and regulations promulgated by the State Board of Education. The state board is authorized to require the payment of fees for tuition or to provide the facilities free of charge if, in its judgment, it is most conducive to the welfare of the state and the veterans desiring to attend the public schools of this state. 20-2-720. (a) Each teacher shall keep an accurate account of the number of pupils entering the schoolroom and the number of days of actual attendance. For this purpose, the teacher shall be provided with a register by the local school authorities, or he or she may be provided with forms on which to make daily reports of attendance through the principal to a central records office where accumulated records are maintained. (b) It shall be the duty of teachers to make and file with school officials designated by the county, independent, or area school superintendent records of attendance of pupils. Such records shall be compiled in central records offices or in the place designated by the county or independent city system board of education from daily reports of the teachers, or such records may be maintained in registers or by other means as may be provided for by the State Board of Education. (c) It shall be unlawful to make the final salary payment to any teacher or for the local school superintendent to audit the accounts of such teacher for his or her services until all required reports have been made and filed. 2168 JOURNAL OF THE HOUSE, 20-2-941. When a local school superintendent or local board of education proposes not to renew the contract of any teacher or other professional employee certificated by the State Board of Education who was on the payroll and under contract on the beginning day of the current school year, written notification of such intention shall be given to the teacher or other certificated professional employee by not later than April 15 prior to the ensuing school year. When such notice is not given, the employment of such teacher or employee shall be continued for the ensuing school year unless such teacher or employee has been removed in the manner previously provided in this part or unless the teacher or certificated professional employee elects not to accept such employment by notifying the local board or superintendent in writing not later than May 1. 20-2-1030. The State Board of Education shall prescribe a course of study in health and physical education for all grades and grade levels in the public school system and shall establish standards for its administration. The course may include instruction in alcohol, smoking and health, and drug abuse education and may occupy periods totaling not less than 30 minutes per day in kindergarten through grade eight or equivalent grade levels. A manual setting out the details of such courses of study shall be prepared by or approved by the State School Superintendent in cooperation with the Department of Human Resources, the State Board of Education, and such expert advisers as they may choose. 20-2-1031. Universities and colleges having teacher preparation programs shall require, as a part of teacher preparation requirements, a separate course in health education and a separate course in physical education. The content of the course in health education shall include general knowledge and attitudes in all critical areas of health and shall include drug abuse, alcohol and smoking, and health education. The required course in physical education shall contain knowledge, attitudes, and understandings of how physical activity shall be integrated and correlated into the total lifestyle of an individual. 20-2-1032. County, city, and area boards of education may employ supervisors and special teachers of physical education and health education in the same manner as other teachers are employed, provided they possess such qualifications as the State Board of Education may prescribe. Boards of education of two or more school districts may jointly employ a supervisor or special teacher of health or physical education. Boards of education may allow the use of school buildings or school grounds after the regular school hours and during vacations as community centers for the promotion of play and other healthful forms of recreation, under such rules and regulations as they deem proper.", and inserting in lieu thereof respectively the following: "20-2-37. Reserved. 20-2-38. Reserved. 20-2-56. Reserved. 20-2-61. Reserved. 20-2-670. Reserved. 20-2-671. Reserved. 20-2-720. Reserved. 20-2-941. Reserved. 20-2-1030. Reserved. 20-2-1031. Reserved. 20-2-1032. Reserved." Part II Section 3. Said chapter is further amended by adding between Article 6 and Article 7 a new Article 6.1 to read as follows: "ARTICLE 6.1 20-2-320. (a) At three different times during the 1985-1986 school year, as designated by the State Board of Education, each local school system shall report enrollment by instructional program for each student to the Department of Education. The instructional programs used for this purpose shall be as follows: WEDNESDAY, MARCH 6, 1985 2169 (1) Kindergarten program; (2) Primary grades program (1-3); (3) Middle grades program (4-8); (4) High school general education program (9-12); (5) High school nonvocational laboratory program (9-12); (6) Vocational laboratory program (9-12); (7) Program for the resourced mildly handicapped; (8) Program for the resourced moderately handicapped; (9) Program for the self-contained moderately handicapped; (10) Program for the self-contained severely handicapped; (11) Program for the gifted students; and (12) Remedial education program. (b) This enrollment report as provided for in subsection (a) of this Code section shall indicate the student's specific assigned program for each one-sixth of the school day on the designated reporting date. No program shall be indicated for a student for any portion of the school day that the student is assigned to a study hall or any noncredit course, a driver education course, a course recognized under this article or by State Board of Education policy as an enrichment course, a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis, a course in which the student serves as a student assistant to a teacher, in a school office or in the media center, except when such placement is an approved work site of a recognized career or vocational program, an individual study course for which no outline of course objectives is prepared and retained, or any other course or activity so designated by the State Board of Education. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies adopted by the State Board of Education. Nor shall a program be indicated for a student for one or more sixths of the school day if the student is not enrolled for an instructional program or has not attended a class or classes within the preceding ten days. Nor shall a program be indicated for a student for one or more sixths of the school day if the student is charged either tuition or fees as a condition of enrollment or full participation in the instructional program; provided, however, that a student who resides outside the school system may be included in the count for a program for which tuition and fees, or a combination thereof, do not exceed the average locally financed per student cost for the preceding school year, excluding required local effort. A student who is enrolled in a regionally accredited postsecondary institution may be counted for the high school program for that portion of the day that the student is attending the postsecondary institution; provided, however, that the student is attending the high school at least one- half of the school day and that the student's postsecondary program is approved by the high school principal or his designee. The State Board of Education shall adopt such regulations and criteria as necessary to ensure objective and true counts of students for these instructional programs. The State Board of Education shall also establish criteria under which a student shall be counted as a resident or a nonresident student. If a local school system has a justifiable reason, it may seek authority from the State Board of Education to shift the FTE counts from the designated date to a requested alternate date. 20-2-321. The State Board of Education shall establish a computerized uniform budget and accounting system as a component of the comprehensive information retrieval system and shall establish uniform regulations to be implemented by local units of administration. The computerized uniform budget and accounting system shall con- form to the generally accepted governmental accounting principles which shall include, but not be limited to, the following costing information: (1) Instructional program involved; (2) Whether basic education or enrichment in purpose; (3) Fund source or sources; and (4) Major component such as instructional personnel, instructional operations, facility maintenance and operation, media center operation, school administration, system administration, or staff development. 2170 JOURNAL OF THE HOUSE, 20-2-322. (a) As used in this Code section, a 'salary schedule' means a type of salary schedule established upon a set of relationships respecting salaries to be paid personnel according to various classifications. (b) The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the state board. Such minimum salary schedule as defined in subsection (a) of this Code section shall provide a minimum salary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum base salary of each classification of such personnel based upon the individual experience and length of satisfactory service of such personnel; and shall include such other uniformly applicable factors as the state board may, in its discretion, find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with a bachelor's degree and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salary of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions having educational entry requirements comparable to the requirements for entry into public school teaching. The list of Georgia beginning salaries by degree field used to calculate Georgia's beginning teachers' salaries shall be presented annually with the Governor's budget recommendations. Such minimum salary schedule shall in all other respects be uniform, with no differentiation being made on the basis of subjects or grades taught. The General Assembly shall annually appropriate funds to implement a salary schedule for certified professional personnel. Certified professional personnel employed as such by the local systems shall be paid no less than indicated on such salary schedule. For each state fiscal year the State Board of Education shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A local unit of administration shall not pay to any teacher or other certificated professional personnel in its employment a salary less than that prescribed by the schedule of minimum salaries. Local units of administration may, however, supplement the salaries of such personnel and, in fixing the amount thereof, may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular personnel whose salary is being supplemented. 20-2-323. The State Board of Education is authorized and directed to devise by June 30, 1986, a teacher career ladder program which has as its purpose providing classroom teachers who demonstrate above average or outstanding competencies relative to teaching skills and their teaching field and exhibit above average or outstanding classroom performance, which may include the achievement of students beyond the level typically expected for their ability, with salary supplements in recognition of such competency and performance. The state board shall appoint a task force which is broadly representative of all educational interests to advise it concerning the development and implementation of such teacher career ladder program. 20-2-324. The state board is authorized and directed to devise a program which has as its purpose providing certificated nonteaching personnel who possess above average or outstanding competencies relative to their position and exhibit outstanding performance in executing their responsibilities with salary supplements in recognition of such competency and performance. Achievement of students beyond the level typically expected for their ability may be included in the performance criteria for certificated nonteaching personnel. The state board shall use the task force pursuant to Code Section 20-2-323 or shall appoint an additional task force comprised of representatives of appropriate educational interests to advise the board concerning the development and implementation of such salary supplement program. 20-2-325. (a) The State Board of Education shall provide grants, subject to appropriation by the General Assembly for this purpose, to qualified local units of administration for the purpose of improving the effectiveness of an educational program or service within a school, a cluster of schools, or system wide. The criteria for awarding such grants shall include the potential for widespread adoption of such improvement by other WEDNESDAY, MARCH 6, 1985 2171 public schools or local units of administration in the state, the potential to which the project is likely to result in the proposed improvement, the quality of the proposed project design, the reasonableness of the costs involved in conducting the project, and such other criteria which the state board may deem appropriate and necessary. The state board shall have the authority to establish a list of educational programs and services for which project proposals will be considered or the state board shall have the authority to consider unsolicited project proposals concerning any educational program or service needing improvement, or both. Local units of administration shall be required to expend local funds for a portion of the costs of projects authorized under this subsection. The amount of such local funds shall be based upon the ability of a local unit to pay a share of the cost relative to the ability of other local units in the state to pay their share of such cost. Such local funds shall be in excess of the amount of local funds required to support the Adequate Program of Education in Georgia pursuant to Code Section 20-2-223 and required as a portion of the costs for other grant programs authorized under this article. (b) The State Board of Education shall provide grants, subject to appropriation by the General Assembly for this purpose, to qualified local units of administration for the purpose of assisting other local units in their efforts to adopt an effective improvement of an educational program or service. The criteria for awarding the grants shall be that the local unit was previously instrumental in the development or adoption of such effective improvement, that the improvement has the potential for widespread adoption by other local units or schools in other local units, that the improvement contributes to the increased effectiveness or efficiency of an educational program or service sufficiently to warrant the proposed project costs and such other criteria which the state board may deem appropriate and necessary. Such grants shall not require that any portion of such project's cost be paid by the qualified local unit receiving such grant. (c) The State Board of Education shall provide grants, subject to appropriation by the General Assembly for this purpose, to qualified local units of administration for the purpose of adopting an effective improvement of an educational program or service. The criteria for awarding such grants shall be that the proposed improvement of an educational program or service has been proven to be effective elsewhere, the proposed improvement contributes to the increased effectiveness or efficiency of an educational program or service sufficiently to warrant the proposed project's cost and such other criteria which the state board may deem appropriate and necessary. All funds for such adoption projects shall be for costs in excess of costs for which funds have been otherwise provided by the provisions of this chapter. Local units of administration shall be required to expend local funds for a portion of the cost of projects authorized under this subsection. The amount of such local funds shall be based upon the ability of a local unit to pay a share of the cost relative to the ability of other local units in the state to pay their share of such cost. Such local funds shall be in excess of the amount of local funds required to support the Adequate Program of Education in Georgia pursuant to Code Section 20-2-223 and required as a portion of the costs for other grant programs authorized under this article. 20-2-326. (a) Local school systems shall develop long-term system-wide electronic technology plans which list assessed needs; describe the planned phasing in of the computer hardware, software, and related electronic technology necessary to address the assessed needs; and contain such other items as the State Board of Education may deem necessary for an effective electronic technology plan. The state board shall adopt a longterm state-wide electronic technology plan which is reflective of needs identified state wide and the priorities and planned actions designed to address such needs. The state board shall prescribe the method and frequency by which such electronic technology plans shall be updated. (b) The state board shall grant funds, subject to appropriation by the General Assembly for this purpose, to local systems of administration to be used to purchase computer hardware, software, and related electronic technology and to finance the costs of staff development programs related to the use and application of computers and related electronic technology to educational programs and services. The amount of funds 2172 JOURNAL OF THE HOUSE, granted to any local school system shall be based upon the extent of need as reflected in its electronic technology plan, the consistency of such needs with the priorities established by the state board's state-wide plan, and such other considerations as deemed necessary by the state board. The amount of local funds required shall be based upon the ability of a local system to pay a share of the cost relative to the ability of other local systems in the state to pay their share of such cost. Such local funds shall be in excess of the amount of local funds required to support the Adequate Program of Education in Georgia pursuant to Code Section 20-2-223 and required as a portion of the costs for other grant programs authorized under this article. (c) The state board shall evaluate hardware and software, disseminate to local systems effective software, provide technical assistance to local systems, provide staff development training to local systems and regional educational service agencies, and perform such other functions as deemed necessary by the state board. (d) The state board shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section and shall take all actions deemed necessary to facilitate the adoption and effective utilization of computers and related electronic technology in improvement of the operations of educational programs and services in the state. 20-2-327. (a) Each municipality having an independent school system and each county government shall annually provide the Department of Revenue with the following information for each local school system within its jurisdiction: (1) The total number of granted state-wide constitutional homestead exemptions for occupied homes pursuant to Code Section 48-5-44; (2) The total number of granted state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48; and (3) The total amount of tax revenue which has been distributed by said local government to local school systems. (b) Such data shall be submitted to the Department of Revenue no later than the date required for the submission of the local tax digests to the Department of Revenue. Further, said local governmental units shall provide such homestead exemptions for calendar year 1984 and tax revenues for fiscal year 1985 on or before September 15, 1985. 20-2-328. The Department of Revenue shall annually furnish the State Board of Education with the following data for each school system by November 15: (1) All tax revenues by source for the preceding fiscal year which were distributed for program operation; provided, however, such tax revenues shall exclude any state revenue collections which were previously distributed to the state general fund and then appropriated or allocated to local school systems; (2) The number of exemptions granted for state-wide constitutional homestead exemptions for owner occupied homes pursuant to Code Section 48-5-44 for calendar year 1984; and (3) The number of exemptions granted for state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48 for calendar year 1984. 20-2-329. The Office of Planning and Budget shall furnish the State Board of Education with the estimated number of individuals age 65 or older residing in each local school system and the estimated percent that such individuals are of the total population for each local school system for calendar year 1984. The Office of Planning and Budget shall furnish, upon request of the General Assembly, all such information as is deemed necessary by the General Assembly regarding the procedure for estimating this percent. 20-2-330. (a) The Governor prior to July 15, 1985, shall appoint a task force composed of representatives from the Department of Education, the Office of Planning and Budget, the Department of Audits, the Department of Administrative Services, and the Legislative Budget Office to identify the specific data required to implement the Quality Basic Education Program on a fiscally sound basis. The task force is directed to identify any other information which will be required from local units of administration for the WEDNESDAY, MARCH 6, 1985 2173 implementation of this article and to design a state-wide educational information system which will provide for the accurate and timely flow of information from local units of administration to the state. (b) This task force shall further develop specifications for hardware and software acquisition for administrative uses. Such specifications shall be followed by the state board and local units of administration. The state board shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance of the state-wide educational network, including any funding needed for equipment and software for local units of administration. (c) Any information, unless otherwise prohibited by statute, collected over the statewide educational network shall be made available to the Governor's office and the House and Senate Appropriations and Education committees. (d) The state-wide educational network shall be substantially completed prior to July 1, 1987, and shall be fully completed by July 1, 1988, and the task force appointed by the Governor shall be abolished on July 1, 1987. As used in this Code section, the words 'substantially completed' would include at a minimum complete FTE counts and complete salary data for each school system. 20-2-331. (a) The State Board of Education is authorized and directed to establish the Georgia Education Leadership Academy whose full-time personnel shall be employees of the Department of Education. The purpose of the Georgia Education Leadership Academy shall be to provide opportunities for public school leadership personnel to update and expand their leadership knowledge and skills. (b) The Georgia Education Leadership Academy shall have an advisory board. Members of the advisory board shall consist of two representatives from each of the following categories: (1) Representatives of local school system administrators appointed by the state board; (2) Representatives of colleges and universities appointed by the state board; (3) Representatives of the House of Representatives appointed by the Speaker of the House; (4) Representatives of the Senate appointed by the President of the Senate; and (5) Representatives at large appointed by the Governor. Members of the advisory board may be reimbursed for reasonable and necessary expenses incurred while carrying out their responsibilities if such reimbursement has not been provided from other sources. This subsection shall stand repealed on July 1, 1988, unless otherwise reenacted by the General Assembly. (c) The Georgia Education Leadership Academy shall use such approaches as are deemed necessary to ensure the active participation of public school leadership personnel and their mastery and application of essential knowledge and skills. Such approaches shall include but are not limited to, conducting seminars and workshops, awarding academic or staff development credit, and providing on-site technical assistance. Local boards are authorized to reimburse such administrators for actual expenses which result directly from participating in this program. The State Board of Education shall provide a status report as to the effectiveness of this program." Section 4. (a) Part I of this Act shall become effective on July 1, 1986. (b) Part II of this Act shall become effective July 1, 1985, but shall stand repealed in its entirety on July 1, 1986. Section 5. All laws and parts of laws in conflict with this Act are repealed. Representative Walker of the 115th moved that the House adopt the report of the Committee of Conference on SB 82. On the motion, the roll call was ordered and the vote was as follows: Aaron YAdams.G Y Adams,M Y Aiken Y Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron 2174 JOURNAL OF THE HOUSE, Y Barnett.B Y Barnett,M Beck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Bostick Y Branch Bray Y Brooks Y Brcwn.G Y BrownJ YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Y Daugherty Y Davis YDean Y Dixon Y Dobbs Y Dover YDunn Y Edwards Y Evans Y Felton Y Foster YGaler YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee,W Y Under YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore On the motion, the ayes were 171, nays 0. The motion prevailed. Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,P YRoss Y Royal Y Russell Y Selman Y Shspard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith.P Y Smith.T Y Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Williams.R Y Wilson Y Wood Y Workman Y Yeargin Y Young Y Murphy,Spkr Representatives Ware of the 77th, Bishop of the 94th, Ramsey of the 3rd, Bray of the 91st, Beck of the 148th, Williams of the 6th, and Aaron of the 56th 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. Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the Senate were taken up for consideration and read the third time: SR 50. By: Senator Brannon of the 51st: A RESOLUTION authorizing the conveyance of certain state owned real property located in Calhoun, Georgia, to the Gordon County Board of Commissioners; and for other purposes. The following amendment was read and adopted: The Committee on State Institutions and Property moves to amend SR 50 by adding on page 2, line 3, after the word "RESOLVED", the following: "AND ENACTED". 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.M Y Aiken Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron WEDNESDAY, MARCH 6, 1985 2175 Y Harriett,B Y Barnett,M Beck Y Benefield YBenn YBirdsong Y Bishop Bolster Y Bostick Y Branch Bray Y Brooks Y Brown.G Y Brown,J YBuck YBurruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark.L Y Colbert Coleman Colwell Connell Cooper YCopelan Couch YCox Y Crawford Y Crosby Cummings Daugherty YDavis Dean Y Dixon YDobbs Y Dover Dunn Y Edwards Y Evans Y Felton Y Foster YGaler Y Godbee YGoodwin Y Greene YGreer Y Groover Y Hamilton Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks YHome Hudson Ylsakson Y JackBOn.J Jackson.N Y Jamieson Y Johnson.D Y Johnson.F Y Johnson.R Johnson,S Y Kilgore Y Kingston YLne,D Lane.R Y Lawler Y Lawrence Y Lawson YLee,C YLee.W Y Linder YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin,C Y Martin.J Y Matthews Y McDonald McKelvey McKinney YMilam YMilford Y Moody Y Moore Y Mortal Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell YParham YParrish Y Patten Y Peters Pettit Phillips Pinks ton Y Porter YRainey Ramsey.T YRamsey.V Randall Y Ransom YRay Y Reaves Y Redding Richardson Y Robinson.C Y Robinson.P Ross Y Royal Y Russell YSelman Y Shepard Y Sherrod Sinkfleld Y Sizemore Y Smith,L Y Smith,P Y Smith,T Smyre Y Stancil Steinberg Thomas,C Y Thomas,M Thompson Y Townsend Y Triplett Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White Y Wilder Y Willianw.B Y Williams^ Williams.R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy.Spkr On the adoption of the Resolution, as amended, the ayes were 140, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. SB 55. By: Senators Kennedy of the 4th and Garner of the 30th: A BILL to amend Code Section 42-9-42 of the Official Code of Georgia Annotated, relating to procedures for granting clemency, pardon, or parole, so as to change certain parole supervision fees; to remove certain duration limitations on fees; to provide that the amount of fees shall be set by rule of the board and shall be uniform; and for other purposes. 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.M Y Aiken Alford Y Alien Y Andersen YArgo YAthon Y Atkins YAuten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M Beck Y Benefield Benn Birdsong Bishop Bolster Y Bostick Y Branch Bray Brooks Brown.G Y Brown,J YBuck Y Burruss Byrd Y Carter Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Y Colbert Coleman Y Colwell Y Connell Y Cooper YCopelan Couch YCox Y Crawford Y Crosby Y Cummings Y Daugherty YDavis Dean Y Dixon Dobbs Y Dover YDunn Y Edwards Y Evans Y Felton Y Foster Galer YGodbee YGoodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks YHorne Hudson Ylsakson Y Jackson,.! Jackson,N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson.R Johnson.S Y Kilgore Y Kingston YLane,D Lane,R Y Lawler Y Lawrence Y Lawson Lee,C YLee.W Y Linder YLogan YLong YLord 2176 JOURNAL OF THE HOUSE, Y Lucas Y Lupton Y Maddos Y Mangum Martin.C Y Martin,J Matthews McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Phillips Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson,C Y Robinson.P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfleld Y Sizemore Y Smith,L Y Smith,P Y Smith.T Smyre Y Stancil Y Steinberg Thomas,C Y Thomas,M Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walket.C Y Walker.L Y Wall Y Ware Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Williams.R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy,Spkr On the passage of the Bill, the ayes were 136, nays 0. The Bill, having received the requisite constitutional majority, was passed. The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto: SB 272. By: Senators Bryant of the 3rd and Reddish of the 6th: A BILL to amend an Act placing the Sheriff of Glynn County on an annual salary, so as to change the provisions relating to automobiles for the sheriffs office; and for other purposes. Representative Auten of the 156th moved that the House insist on its position in amending SB 272. The motion prevailed. The Speaker Pro Tern assumed the Chair. The following Resolutions of the House were read and adopted: HR 412. By: Representatives Childs of the 53rd, Williams of the 54th, Robinson of the 58th, and others: A RESOLUTION commending the employees of the State of Georgia for their participation in the annual State Employees' Charitable Contributions Drive; and for other purposes. HR 413. By: Representatives Robinson of the 58th, Richardson of the 52nd, Williams of the 54th, and others: A RESOLUTION commending Albert Sidney Johnson; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: SB 170. By: Senator Greene of the 26th: A BILL to amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions for medical malpractice, so as to change the provisions relating to limitations of actions for medical malpractice; to change the general limitation; to repeal the limitation relative to foreign objects left in the body; and for other purposes. The following Committee substitute was read and adopted: WEDNESDAY, MARCH 6, 1985 2177 A BILL To amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions for medical malpractice, so as to change certain provisions relating to limitations of actions for medical malpractice; to change the general limitation; to provide for an ultimate statute of repose and abrogation; to provide for applicability of the tolling provisions of Article 5 of Chapter 3 of Title 9 to such actions for medical malpractice; to provide for conforming exceptions where foreign objects are left in the body; to provide for actions which have been or would be barred; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions for medical malpractice, is amended by striking Code Section 9-3-71, relating to the general limitation on actions for medical malpractice, which reads as follows: "9-3-71. Except as otherwise provided in this article, an action for medical malpractice shall be brought within two years after the date on which the negligent or wrongful act or omission occurred.", and inserting in lieu thereof a new Code Section 9-3-71 to read as follows: "9-3-71. (a) Except as otherwise provided in this article, no action to recover damages shall be brought against any person for an injury or wrongful death arising from medical malpractice more than five years after the date on which the wrongful act or omission occurred. (b) Notwithstanding subsection (a) of this Code section, such an injury or wrongful death which occurred during the fourth or fifth year after the date on which the wrongful act or omission occurred may be the basis for an action to recover damages for such an injury or wrongful death if brought within two years after the date on which such injury or death occurred, but in no event may such an action be brought more than seven years after the date on which the wrongful act or omission occurred. (c) Nothing contained in subsection (a) or (b) of this Code section shall be construed to repeal Code Section 9-3-73, which shall be deemed to apply either to the applicable statutes of limitation or repose, nor to change the general statute of limitations for personal injury as found in Code Section 9-3-33 with respect to medical malpractice." Section 2. Said article is further amended by striking Code Section 9-3-72, relating to limitations periods when foreign objects are left in the body, and inserting in lieu thereof a new Code Section 9-3-72 to read as follows: "9-3-72. The two-year limitation limitations of Code Section 9-3-71 shall not apply where a foreign object has been left in a patient's body, but in such a case an action shall be brought within one year after the negligent or wrongful act or omission is discovered. For the purposes of this Code section, the term 'foreign object' shall not include a chemical compound, fixation device, or prosthetic aid or device." Section 3. No action for medical malpractice which, prior to July 1, 1985, has been barred by the provisions of Title 9, relating to actions, shall be revived by this Act. No action for medical malpractice which would be barred before July 1, 1986, by the provisions of this Act but which would not be so barred by the provisions of Title 9 in force immediately prior to July 1, 1985, shall be barred until July 1, 1986. 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: 2178 JOURNAL OF THE HOUSE, Y Aaron Y Adams,G Y Adams.M Aiken Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M NBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Brooks Y Brown.G Y Brown,J YBuck Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childerg Y Childs Y Clark,B Y Clark.L Y Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch YCo* Y Crawford Crosby Y Cummings N Daugherty Y Davis NDean Dixon Dobbs Y Dover NDunn Y Edwards Y Evans Felton Y Foster Galer YGodbee YGoodwin YGreene YGreer Y Groover Y Hamilton Y Manner Y Hasty YHays Y Heard NHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J N Jackson.N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston YLane,D YLane,R Y Lawler Y Lawrence YLawson YLee,C YLee,W Y Linder YLogan YLong Lord Y Lucas Y Lupton Y Maddo* Y Mangum Y Martin,C Y Martin,J Matthews McDonald Y McKelvey McKinney YMilam Y Milford Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters N Pettit Y Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Ramsey,V YRandall Y Ransom Ray Y Reaves Y Redding Y Richardson Y Robinson,C Y Robinson,P Rosa Y Royal Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith.T Smyre N Stancil Y Steinberg Y Thomas.C N Thomas.M Y Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Walker,L YWall Ware Y Watson Y Watts White Y Wilder Y Williams.B Williams.J Y WUliams,R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy.Spkr On the passage of the Bill, by substitute, the ayes were 140, nays 9. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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 80. By: Representatives Thompson of the 20th, Cooper of the 20th, Cummings of the 17th, and Burruss of the 20th: A BILL to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide that materials obtained from or furnished by ad valorem taxpayers shall be confidential and shall not be disclosed by boards of tax assessors; to provide that such materials may be disclosed as necessary in tax collection proceedings; and for other pur- poses. Representative Thompson of the 20th moved that the House insist on its position in disagreeing to the Senate substitute to HB 80 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Thompson of the 20th, Johnson of the 72nd, and Crosby of the 150th. WEDNESDAY, MARCH 6, 1985 2179 The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 615. By: Representative Lane of the 27th: A BILL to amend Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the Composite State Board of Medical Examiners, so as to urge physicians to distribute informational booklets on breast cancer to patients suspected of having breast cancer; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of physicians, osteopaths, and orthotists, so as to require physicians to distribute informational booklets on breast cancer to patients suspected of having breast cancer; to provide that nothing in this chapter shall prohibit any person who is acting under the direct supervision of a physician from performing such duties as may be delegated to such person by the physician; to provide for the certification and regulation of certain individuals engaged in respiratory care; to provide for a short title and legislative intent; to provide definitions; to provide for the powers, duties, and responsibilities of the Composite State Board of Medical Examiners as such relate to respiratory care; to provide for an advisory committee; to provide for the certification and regulation of respiratory care professionals, therapists, and technicians; to provide for qualifications; to provide conditions and procedures for certificate renewal and for certificate revocation or suspension; to prohibit a person from holding oneself out to be a certified respiratory care professional, therapist, or technician unless such person is certified; to provide penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of physicians, osteopaths, and orthotists, is amended by striking subsection (g) of Code Section 43-34-21, relating to the Composite State Board of Medical Examiners, and inserting in lieu thereof a new subsection (g) to read as follows: "(g) The board shall publish an informational booklet on breast cancer and the treatment of breast cancer. The booklet shall contain a summary of the latest information on breast cancer and, in brief form, shall discuss the generally accepted and widely prevailing medical and surgical treatments for breast cancer. The booklet shall include a valid assessment of the relative risks and benefits of the accepted and widely prevailing methods of treatment. Copies of the booklet shall be made available by the board to every appropriate physician in the state. A letter by the board shall accompany this booklet stating that the physician shall distribute a copy of the booklet to each and every patient whose suspected disease, disease2 or course of treatment is covered by the material in the booklet. Copies shall also be available to any person upon request at a fee prescribed by the joint-secretary sufficient to cover the cost of printing and distribution. The booklet shall be updated and redistributed at such times as the board shall deem necessary." Section 2. Said chapter is further amended by adding at the end of Code Section 43-34-26, relating to engaging in the practice of medicine without a license, a new subsection (d) to read as follows: "(d) Nothing in this chapter shall prohibit any person who is acting under the direct supervision of a physician from performing such duties as may be delegated to such person by the physician." Section 3. Said chapter is further amended by adding at the end thereof a new Article 6 to read as follows: 2180 JOURNAL OF THK HOUSE, "ARTICLE 6 43-34-140. This article shall be known and may be cited as the 'Respiratory Care Practices Act,' 43-34-141. The General Assembly finds and declares that the practice of respiratory care in Georgia affects the public health, safety, and welfare and that it is necessarily a proper subject of regulation and control. 43-34-142. As used in this article, the term: (1) 'Board' means the Composite State Board of Medical Examiners as created by Code Section 43-34-21. (2) 'Respiratory care professional, certified respiratory therapy technician, or regis- tered respiratory therapist' means a health care professional who is employed in the therapy, management, rehabilitation, diagnostic evaluation, education, and care of patients with deficiencies and abnormalities which affect the pulmonary and cardiac systems. 43-34-143. The board, in consultation with the advisory committee, shall have the power and responsibility to: (1) Determine the qualifications and fitness of applicants for certification, renewal of the certificate, and reciprocal certification; (2) Adopt and revise rules consistent with the laws of the State of Georgia that are necessary to conduct its business, carry out its duties, and administer this article; (3) Examine for, approve, issue, deny, revoke, suspend, and renew the certification of respiratory care professional applicants and certificate holders under this article and conduct hearings in connection with these actions; (4) Conduct hearings on complaints concerning violations of this article and the rules adopted under this article and cause the prosecution and enjoinder of the violations; (5) Establish application, examination, and certification fees; (6) Request and receive the assistance of state educational institutions or other state agencies; (7) Prepare information of consumer interest describing the regulatory functions of the board and describing the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the general public and appropriate state agencies; and (8) Establish continuing education requirements. 43-34-144. At any time prior to July 1, 1986, the board may grant, upon application and payment of proper fees, a certificate without examination to a person who at the time of application holds a valid certificate as a respiratory care professional, certified respiratory therapy technician, or registered respiratory therapist issued by another state or any political territory or jurisdiction acceptable to the board if in the board's opinion the requirements for that certification are substantially the same as the requirements of this article or to a person who at the time of application is a respiratory care professional, certified respiratory therapy technician, or registered respiratory therapist registered or certified by the National Board for Respiratory Care, Inc., or who otherwise meets the qualifications established by the board. 43-34-145. (a) Each applicant for certification as a respiratory care professional shall meet the following requirements: (1) Is at least 18 years of age; (2) Has submitted a completed application as required by the board; (3) Has submitted any fees required by the board; (4) Has successfully passed the entry level examination given by the National Board for Respiratory Care, Inc., or such other examination as the board may in its discretion administer or approve; and (5) Has met such other requirements as may be prescribed by the board, (b) In addition to the requirements specified in subsection (a) of this Code section, each applicant for certification under this chapter shall be working under the supervision or direction of a person licensed under Article 2 of this chapter and shall, in order WEDNESDAY, MARCH 6, 1985 2181 to maintain certification, continue to work under the supervision or direction of a person licensed under Article 2 of this chapter. 43-34-146. After evaluation of an application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice shall state the reasons for the rejection. 43-34-147. (a) Any document evidencing certification issued by the board is the property of the board and must be surrendered on demand. (b) The certificate holder shall display the document evidencing certification in an appropriate and public manner. (c) The certificate holder shall inform the board of any change of his address. (d) The certificate shall be renewed biennially if the certificate holder is not in violation of this article at the time of application for renewal and if the applicant fulfills current requirements of continuing education as established by the board. (e) Each person certified under this article is responsible for renewing his certificate before the expiration date. (f) Under procedures and conditions established by the board, a certificate holder may request that his certification be declared inactive. The certificate holder may apply for active status at any time and upon meeting the conditions set by the board shall be declared active. 43-34-148. (a) The board, in consultation with the advisory committee, may: (1) Refuse to grant or renew certification to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the certificate holder; (3) Suspend the certificate of any certificate holder for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said certificate; (4) Limit or restrict any certificate as the board deems necessary for the protection of the public; (5) Revoke any certificate; (6) Levy a fine; and (7) Condition any penalty or withhold formal disposition of any matter pending the applicant's or certificate holder's submission to such care, counseling, or treatment as the board may direct. (b) The board may take any action specified in subsection (a) of this Code section upon a finding by the board that the certificate holder or applicant has: (1) Failed to demonstrate the qualifications or standards for certification contained in this Code section, or under the laws, rules, or regulations under which certification is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all the requirements for certification, and, if the board is not satisfied as to the applicant's qualifications, it may deny certification without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession certified under this title or on any document connected therewith, or practiced fraud or deceit or intentionally made any false statement in obtaining certification to practice a certified business or profession, or made a false statement or deceptive registration with the board; (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph and paragraph (4) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of any felony or any crime involving moral turpitude where: 2182 JOURNAL OF THE HOUSE, (A) A plea of nolo contenders was entered to the charge; (B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his certificate under this article revoked, suspended, or annulled by any lawful authority other than the board; or had other disciplinary action taken against him by any such lawful authority other than the board; or was refused the renewal of certification by any such lawful authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the certificate holder or applicant to practice a business or profession certified under this article, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the certified business or profession but shows that the certificate holder or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Unprofessional conduct shall include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing practice of the business or profession certified under this article; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any uncertified person or any certificate holder whose certificate has been suspended or revoked by the board to engage in any practice outside the scope of any disciplinary limitation placed upon the certificate holder by the board; (8) Violated, without regard to whether the violation is criminally punishable, a statute, law, or any rule or regulation of this state, any other state, the state examining board regulating the business or profession licensed under this title, the United States, or any other lawful authority, which statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession certified under this article, when the certificate holder or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or certification reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction inside or outside this state. Any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or (10) Displayed an inability to practice a business or profession certified under this article with reasonable skill and safety to the public or has become unable to practice the certified business or profession with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material. 43-34-149. The board shall appoint a respiratory care advisory committee. The committee shall be composed of persons engaged in the practice of respiratory therapy, persons licensed under Article 2 of this chapter who specialize or are board certified in pulmonary medicine, and such members as the board at its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine. 43-34-150. (a) After July 1, 1985, it shall be unlawful for any person who is not certified under this article to use the title respiratory care professional or RCP in any words, letters, abbreviations, or insignia so as to indicate or imply orally or in writing or in any other way that the person is certified under this article. WEDNESDAY, MARCH 6, 1985 2183 (b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor. 43-34-151. Proceedings under this article shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'" Section 4. This Act shall become effective upon necessary appropriations being specifically made by the Georgia General Assembly to fund this Act. Section 5. All laws and parts of laws in conflict with this Act are repealed. Representative Lane of the 27th moved that the House disagree to the Senate substitute to HB 615. The motion prevailed. Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time: SB 95. By: Senator Greene of the 26th: A BILL to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to create The Council of Superior Court Judges of Georgia; to provide for the council's composition; and for other purposes. 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.M Y Aiken Alford Y Alien Y Anderson YArgo Athon Y Atkins YAuten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield Benn YBirdsong Bishop Bolster Y Bostick Y Branch YBray Brooks Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Chambless Chance Cheeks Y Childers Childs YClark3 Y Clark,L Y Colbert Coleman Y Colwell Connell Y Cooper Copelan Y Couch YCox Y Crawford Crosby Y Cummings Daugherty YDavis Dean Y Diion Dobbs Y Dover Dunn Y Edwards Y Evans Y Felton Y Foster Galer God bee YGoodwin Y Greene YGreer Y Groover Y Hamilton Hanner Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Ylsakson Y Jackson.J Jackson,N Y Jamieson Y Johnson.D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston YLane,D Lane.R Y Lawler Y Lawrence Y Lawson Lee,C YLee,W Y Under YLogan YLong YLord Y Lucas Lupton Y Maddoi Y Mangum Y Martin,C Y MartuvJ Matthews McDonald Y McKelvey McKinney YMilam Y Milford Y Moody N Moore YMortpn Mostiler Y Moultrie N Mueller Y Oliver.C Y 01iver,D Y Padgett YPannell Parham YParrish Y Patten Y Peters Pettit Phillips Y Pinkston Porter YRainey Ramsey.T NRamsey.V YRandall Y Ransom YRay Y Reaves Y Redding Richardson Y Robinson.C Y Robinson,P Ross Y Royal Y Russell On the passage of the Bill, the ayes were 124, nays 4. YSelman Y Shepard Y Sherrod Y SinkTield Y Sizemore Y Smith,L Y Smith,P Smith,T Smyre YStancil Y Steinberg Thomas.C Y Thomas,M Thompson Townsend Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker,L N Wall Ware Y Watson Y Watts White Wilder Y Williams,B Y Williams,J Y Williams,R Y Wilson YWood Workman Y Yeargin Y Young Murphy,Spkr 2184 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. SB 154. By: Senator Kidd of the 25th: A BILL to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to change the provisions relating to definitions of certain terms; to change certain provisions relating to the frequency of meetings of the State Board of Cosmetology; to delete the requirement of an annual financial report of board; and for other purposes. The following amendment was read and adopted: The Committee on Health and Ecology moves to amend SB 154 by adding in Section 5 on line 1 of page 7, between the designation "(d)" and the word "Notwithstanding", the following: "ill". By deleting the quotation marks at the end of Section 5 at the end of line 14 of page 7 and by adding between lines 14 and 15 the following: "(2) Notwithstanding any other provisions of this chapter, any person who has actively engaged in the practice of cosmetology, esthetics, or nail care on a military installation in Georgia for three years prior to the effective date of this paragraph shall be eligible to receive a certificate of registration at the cosmetology, esthetics, or nail care level upon proper proof of experience, application, and appropriate fee being submitted to the board on or before September lj 1985." By striking and deleting in its entirety Section 5A, beginning on line 15 of page 7 and continuing through line 10 of page 8, which reads as follows: "Section 5A. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 43-10-8, relating to requirements of certificate of registration, and inserting in lieu thereof a new subsection (d) to read as follows: '(d) (1) Notwithstanding any other provisions of this chapter, any person desiring to perform solely cosmetic nail care services shall be allowed to obtain a certificate of registration at the manicurist level, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (7) of Code Section 43-10-1. Any person who has actively engaged in the performance of nail care services for a period of one year on the effective date f this Code section March 29, 1983, shall be eligible to receive a certificate of manicurist level upon proper proof of experience, application, and appropriate fee being submitted to the board on or before September 1, 1983. (2) Notwithstanding any other provisions of this chapter, any person who has actively engaged in the practice of cosmetology, esthetics, or nail care on a military installation in Georgia for three years prior to the effective date of this paragraph shall be eligible to receive a certificate of registration at the cosmetology, esthetics, or nail care level upon proper proof of experience, application, and appropriate fee being submitted to the board on or before September lj 1985.'" 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 YAdams,M Y Aiken Alford Y Alien Y Andersen Y Argo Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron WEDNESDAY, MARCH 6, 1985 2185 Y Barnett,B Y Barnett,M Y Beck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Boatick Y Branch YBray Brooks Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Chambless Chance Y Cheeks Y Childers Childs Clark.B Y Clark,L Y Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Dobbs Y Dover Dunn Y Edwards Evans Felton Y Foster Galer Godbee Y Goodwin Y Greene Y Greer Y Groover Hamilton Hanner Hasty YHays Y Heard Hill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J Jackson,N Y Jamieson Y Johnson.D Y Johnson,F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston Lane,D Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee,W Y Linder YLogan YLong YLord Lucas Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Matthews McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Pettit Phillips Pinks ton Porter Y Rainey Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Richardson Y Robinson.C Y Robinson.P Ross Y Royal Y Russell Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Thompson Townsend Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Wilder Y Williams.B Y Williams,J Y Williams,R Wilson Y Wood Workman Y Yeargin Y Young Murphy,Spkr On the passage of the Bill, as amended, the ayes were 126, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 210. By: Senator Tolleson of the 32nd: A BILL to amend Article 4 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, relating to cave protection, so as to provide that a person who enters a cave without the express prior written permission of the owner shall be guilty of a misdemeanor; and for other purposes. The following amendment was read and adopted: Representative Isakson of the 21st moves to amend SB 210 by adding at the end of line 20 of page 1 the following: "or archeological". By striking line 1 of page 2 in its entirety and inserting in lieu thereof the following: "(4) Enter a cave posted against trespassing or a cave with a lock, gate, door, or other obstruction designed to control or prevent access to the cave." 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 Adams.M Y Aiken Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield Benn 2186 JOURNAL OF THE HOUSE, Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown,G Y Brown,J YBuck YBurruss YByrd Y Carter Chambless Chance Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Colbert Coleman Y Colwell ConneU Y Cooper YCopelan Y Couch YCoi Y Crawford YCrosby Y Cununings Daugherty YDavis Dean Y Dixon Dobbs Y Dover Dunn Y Edwards Evans Felton Y Foster Galer Y Godbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Manner Y Hasty YHays Y Heard HiU Y Holcomb Holmes Y Hooks Home Y Hudson Ylsakson Y Jackson,J Jackson.N Y Jamieson Y Johnson.D Y Johnson.F Y Johnson,R Johnson,S Y Kilgore Y Kingston Y Lane,D YLane.R Y Lawler Y Lawrence Y Lawson Lee,C YLee,W Y Under YLogan YLong YLord Lucas Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Matthews McDonald Y McKelvey McKinney Milam Y Milford Y Moody Y Moore YMorton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell Parham Y Parrish Y Patten Y Peters Y Pettit Phillips Pinkston Y Porter YRainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson.C Y Robinson,P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith,T Smyre Y Stancil Y Steinberg Thomas.C Thomas,M Thompson Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Watson Y Watts White Y Wilder Y Wffliams.B Y Williams,J Y Williams,R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy,Spkr On the passage of the Bill, as amended, the ayes were 130, nays 0. 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 Senate's appointment of a Committee of Conference thereon: SB 77. By: Senator Barnes of the 33rd: A BILL to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to change the nature of relevant and competent evidence in libel actions; to provide that evidence of a plaintiffs request for retraction shall be relevant and competent if the request is made in writing at least 14 days prior to the filing of the action; and for other purposes. Representative Home of the 103rd moved that the House adhere to its position in amending SB 77 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 Home of the 103rd, Argo of the 68th, and Johnson of the 72nd. Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time: SR 154. By: Senators McGill of the 24th, Gillis of the 20th, and Trulock of the 10th: A RESOLUTION urging the enactment of a comprehensive federal marketing and bargaining act; and for other purposes. WEDNESDAY, MARCH 6, 1985 2187 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: Aaron Y Adams.G Y Adams,M Y Aiken Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Brooks Y Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Chambless Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark,L Y Colbert Coleman Colwell Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty YDavis Dean Y Dixon Dobbs Y Dover Dunn Y Edwards Y Evans Y Pelton Y Poster Y Galer . YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Banner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Isakson Y Jackson,J Jackson,N Y Jamieson Johnson.D Johnson,? Y Johnson,R Johnson,S Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Lawler Y Lawrence Y Lawson Lee,C YLee.W Y Linder YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Matthews Y McDonald McKelvey McKinney Milam Y Milford Y Moody Y Moore Y Morton Mostiler Y Moultrie Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Redding Richardson Y Robinson.C Y Robinson,? Boss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Smith.T Smyre Y Stancil Y Steinberg Thomas.C Y Thomasjvl Y Thompson Y Townsend Y Triplett Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy,Spkr On the adoption of the Resolution, the ayes were 139, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto: HB 4. By: Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, and Benefield of the 72nd: A BILL to amend an Act providing appropriations for the State Fiscal Year 1984-85 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 1984-85; and for other purposes The following Senate amendment was read: Amend HB 4 by striking on Page 2, lines 5 and 8, "$7,500,000" and inserting in lieu thereof "$5,000,000"; and By striking on Page 2, line 10, "$30,000,000" and inserting in lieu thereof "$40,000,000". 2188 JOURNAL OF THE HOUSE, Representative Burruss of the 20th moved that the House disagree to the Senate amendment to HB 4. The motion prevailed. HB 274. By: Representatives Wood of the 9th and Jackson of the 9th: A BILL to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to disseminate certain information from its records to cer- tain governmental agencies or units of this state and of the United States having legitimate governmental needs therefor; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to furnish the abstract of the driving record of certain persons to school systems; to authorize the Department of Public Safety to disseminate certain information from its records to the United States Selective Service System; to authorize the Department of Public Safety to promulgate rules, regulations, or policies governing the means of disseminating such information; to authorize the Department of Public Safety to charge a fee to defray its actual expenses for disseminating such information from its records; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, is amended by striking subsections (d) and (f) in their entirety and by adding new subsections (d), (f). and (g) to read as follows: "(d) Notwithstanding any of the provisions of subsection (c) of this Code section, the department may furnish without charge a copy of any driver's abstract to a judge, prosecuting official, or law enforcement agency or to the driver's licensing agency of another state. The department may also furnish without charge at the written request of a public or private school system a copy of the abstract of any person currently employed or an applicant for employment as a school bus driver who agrees in writing to allow the department to release the information. It shall be unlawful for any person who receives an abstract under this subsection to disclose or make any use thereof except in performance of his judicial, er quasi-judicial, or school duties. (f) The department may, upon request, disseminate from its records to the United States Selective Service System compilations of the names, addresses, license numbers, and dates of birth of licensees or applicants for licenses. Such information shall only be used in the fulfillment of the legitimate governmental duties of the United States Selective Service System and shall not be further disseminated to any person. The department is further authorized to promulgate rules, regulations, or policies governing the means by which such information will be disseminated from its records to the United States Selective Service System and is further authorized to charge a fee to defray actual expenses incurred in disseminating such information. {$ (g) T-he Except as provided in subsection (Q of this Code section, the department shall not furnish to any person any compilations of the names or addresses of licensees or applicants for licenses." Section 2. All laws and parts of laws in conflict with this Act are repealed. WEDNESDAY, MARCH 6, 1985 2189 Representative Wood of the 9th moved that the House agree to the Senate substitute to HB 274. On the motion, the ayes were 107, nays 0. The motion prevailed. HB 30. By: Representatives Buck of the 95th and Robinson of the 96th: A BILL to amend Code Section 16-9-55 of the Official Code of Georgia Annotated, relating to the crime of fraudulently obtaining or attempting to obtain public housing or reduction in public housing rent, so as to change the penalty provisions relating to such crime; and for other purposes. The following Senate amendment was read: Amend HB 30 by placing a period after the word "misdemeanor" on line 26 of page 1; striking all language thereafter in Section 1; and then adding a sentence following the period as follows: "Where any person is convicted of violating this section and is ordered to make restitution as a condition of probation, the court imposing such sentence shall be authorized to extend the period of probation for a period longer than 12 months not to exceed 36 months." Representative Buck of the 95th moved that the House disagree to the Senate amendment to HB 30. On the motion, the ayes were 109, nays 11. The motion prevailed. HB 885. By: Representatives Martin of the 60th, Barnett of the 10th, Colbert of the 23rd, Hanner of the 131st, and Coleman of the 118th: A BILL to amend Article 1 of Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to change the composition of the Georgia Firefighter Training and Standards Council; and for other purposes. The following Senate substitute was read: A BILL To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to redefine the term "fire department"; to change the composition of the Georgia Firefighter Training and Standards Council; to change the provisions relative to advisory committees; to provide for certain expenses and allowances; to change the provisions relative to the business of the council; to provide for the transfer of a firefighter's certification under certain circumstances; to provide that a fire department shall not be required to accept the transfer of a firefighter's certification; to change the qualifications of personnel assigned as airport firefighters; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by striking paragraph (1) of Code Section 25-3-21, relating to definitions in connection with the establishment of minimum requirements for all fire 2190 JOURNAL OF THE HOUSE, departments operating in this state, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: "(1) (A) 'Fire department' means any fire department which is authorized to exercise the general and emergency powers enumerated in Code Sections 25-3-1 and 25-3-2. (B) 'Fire department' also means any department, agency, organization, or company operating in this state with the intent and purpose of carrying out the duties, functions, powers, and responsibilities normally associated with a fire department. These duties, functions, powers, and responsibilities include but are not limited to the protection of life and property against fire, explosions, or other hazards." Section 2. Said title is further amended by striking Code Section 25-4-3, relating to the Georgia Firefighter Standards and Training Council, which reads as follows: "25-4-3. The Georgia Firefighter Standards and Training Council is established. The council shall consist of seven voting members and three advisory members and shall be composed as follows: (1) (A) The president of the Association County Commissioners of Georgia or his designated representative; (B) The president of the Georgia Municipal Association, Inc., or his designated representative; (C) The Safety Fire Commissioner or his designated representative; (D) The president of the Georgia Association of Fire Chiefs or his designated representative; (E) The president of the Georgia State Firemen's Association or his designated representative; (F) The president of the Georgia City and County Management Association or his designated representative; and (G) The chairman of the Training Committee of the Georgia State Firemen's Association. (2) (A) The director of the Georgia Fire Academy or his designated representative; (B) The director of the Division of Vocational Education of the Department of Education or his designated representative; and (C) One member from the Southeastern Underwriters Association; all of whom shall serve on the council in an advisory capacity only, without voting privileges.", in its entirety and substituting in lieu thereof a new Code Section 25-4-3 to read as follows: "25-4-3. The Georgia Firefighter Standards and Training Council is established. The council shall be composed of seven members, one of whom shall be the Safety Fire Commissioner or the designated representative of the Safety Fire Commissioner. The remaining six members shall be appointed by the Governor subject to the following requirements: (1) One member shall be a member of the governing authority of a county; (2) One member shall be a member of the governing authority of a municipality; (3) One member shall be a city or county manager; (4) One member shall be the chief of a county or municipal fire department; and (5) Two members shall be state certified firefighter training officers, (b) The members of the council appointed by the Governor pursuant to subsection (a) of this Code section shall be appointed at the sole discretion of the Governor. However, the Governor may consider for appointment to the council persons suggested for membership thereon as follows: (1) The Association County Commissioners of Georgia may suggest the names of three persons for each appointment pursuant to paragraph (1) of subsection (a) of this Code section; (2) The Georgia Municipal Association may suggest the names of three persons for each appointment pursuant to paragraph (2) of said subsection (a); WEDNESDAY, MARCH 6, 1985 2191 (3) The Georgia City and County Management Association may suggest the names of three persons for each appointment pursuant to paragraph (3) of said subsection (a); (4) The Georgia Association of Fire Chiefs may suggest the names of three persons for each appointment pursuant to paragraph (4) of said subsection (a); and (5) The Executive Board of the Georgia State Firemen's Association may suggest the names of three persons for each appointment pursuant to paragraph (5) of said subsection (a). (c) The first members of the council appointed by the Governor pursuant to subsection (a) of this Code section shall be appointed to take office on January 1, 1986. The two members appointed pursuant to paragraphs (1) and (2) of subsection (a) of this Code section shall be appointed for initial terms of one year, the two members appointed pursuant to paragraphs (3) and (4) of said subsection (a) shall be appointed for initial terms of two years, and the two members appointed pursuant to paragraph (5) of said subsection (a) shall be appointed for initial terms of three years. Thereafter, successors shall be appointed for terms of three years as the respective terms of office expire. All members shall serve until their successors are appointed and qualified. In the event of a vacancy in the membership of the council for any reason, including ceasing to hold an office or position required for membership on the council, the Governor shall fill such vacancy for the unexpired term. In order for the Governor to consider the names of persons suggested for membership on the council pursuant to subsection (b) of this Code section, such names must be submitted to the Governor by the respective organizations at least 60 days but not more than 90 days prior to the expiration of the respective terms of office or prior to the appointment of the initial members of the council who take office on January 1, 1986. The Governor shall be authorized, but not required, to request the appropriate organization designated in subsection (b) of this Code section to suggest the names of three persons for the Governor's consideration in making an appointment to fill a vacancy. (d) At the first regular meeting of the council held in each even-numbered year, the council shall elect a chairman and such other officers from its own membership as it deems necessary to serve until a successor is elected by the council as provided in this subsection. (e) The council may, from time to time, designate an advisory committee of not more than three members to assist and advise the council in carrying out its duties under this chapter. The members of any such advisory committee shall serve at the pleasure of the council. (f) Each member of the council and each member of an advisory committee of the council, in carrying out their official duties, shall be entitled to receive the same expense and mileage allowance authorized for members of state examining boards by subsection (f) of Code Section 43-1-2. The funds for such expenses and allowances shall be paid from funds appropriated or available to the Department of Public Safety." Section 3. Said title is further amended by striking Code Section 25-4-6, relating to the business of the council, in its entirety and substituting in lieu thereof a new Code Section 25-4-6 to read as follows: "25-4-6. The business of the council shall be conducted in the following manner: \i) tr fifty voting member of ine council cnooses to designftt-c ~SL person TO serve ~tfi his stead, pursuant te paragraph (1) ef Code Section 26-4-3, saeh designation shaH fee mctcre witnin w? dftys filter truly TJ AU / r. witnm ow ctflys fitter sucn uesinfltions iiflve officers to serve tor fi term or o&& yeflpr {2} (1) The council shall hold at least two regular meetings each year; at the call of the chairman or upon the written request of four voting members of the council. Four voting- members of the council shall constitute a quorum. 43} (2) The council shall make an annual report of its activities to the Governor and to the General Assembly and shall include in the report its recommendations for appropriate legislation." 2192 JOURNAL OF THE HOUSE, Section 4. Said title is further amended by striking Code Section 25-4-9, relating to training and certification of firefighters, in its entirety and substituting in lieu thereof a new Code Section 25-4-9 to read as follows: "25-4-9. (a) In addition to complying with the preemployment standards as set forth in Code Section 25-4-8, each and every candidate, within 12 months after being appointed as a full-time paid member of any fire department or fire division of any department of public safety which employs three or more firemen, shall specifically complete at least a basic training course of 120 hours of instruction. The council shall determine the courses, the number of hours per course, and all matters relative to the basic training course. Upon satisfactory completion of the course, a firefighter shall receive a certificate from the council evidencing his satisfactory completion of the minimum standards of the training program. (b) A firefighter certified by the council may, upon termination of employment from any fire department and upon agreement with a subsequently employing fire department, transfer such certification to the employing fire department. (c) Notwithstanding the provisions of subsection (b) of this Code section, any local fire department may refuse to accept the transfer of previously acquired certification and may require any newly employed firefighter to complete the basic training course provided for in subsection (a) of this Code section." Section 5. Said title is further amended by striking subsection (h) of Code Section 25-4-31, relating to minimum standards and training for personnel assigned as airport firefighters, which reads as follows: "(h) In addition to the requirements of this Code section, an airport firefighter shall meet all of the other qualifications contained in Article 1 of this chapter, the 'Georgia Firefighter's Standards and Training Act.'", in its entirety. Section 6. All laws and parts of laws in conflict with this Act are repealed. Representative Martin of the 60th moved that the House agree to the Senate substitute to HB 885. On the motion, the ayes were 108, nays 1. 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 following Bill of the House: HB 735. By: Representative Daugherty of the 33rd: A BILL to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to wills, so as to provide that the probate court shall have original jurisdiction over any action to vacate, set aside, or amend the probate of a will; to provide that the probate court shall have exclusive original jurisdiction over any such action which alleges that a will other than the probated will is the true will or that there exists an unprobated codicil to the probated will; and for other pur- poses. The Speaker assumed the Chair. Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: WEDNESDAY, MARCH 6, 1985 2193 SB 268. By: Senator McGill of the 24th: A BILL to amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of food service establishments, so as to change the definition of the term "food service establishment"; to change the provisions relating to enforcement of this article and inspection of food service establishments; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 109, nays 2. The Bill, having received the requisite constitutional majority, was passed. 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 78. By: Senator Barnes of the 33rd: A BILL to amend Code Section 9-13-143 of the Official Code of Georgia Annotated, relating to the rates to be allowed to publishers for publishing legal advertisements, so as to change the amount of the rates so allowed; and for other purposes. 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,M Y Aiken Alford Alien Y Anderson YArgo Y Athon Y Atkins YAuten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M Beck Y Benefield Benn Y Birdsong Bishop Bolster Bostick N Branch NBray Brooks N Brown.G Brown,J YBuck Y Burruss YByrd Carter Chambless Chance N Cheeks Y Childers Childs Clark,B N Clark,L Y Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch YCoi Crawford Crosby Y Cummings Daugherty YDavis Dean Y Diion YDobbs Y Dover Dunn Y Edwards Y Evans Y Felton N Foster YGaler Godbee Y Goodwin Y Greene Creer Y Groover N Hamilton Y Manner Y Hasty YHays Y Heard YHill Y Holcomb N Holmes Y Hooks Y Home Y Hudson Y Isakson N Jackson,J Y Jackson.N Jamieson Y Johnson,D Y Johnson.F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Lawler Y Lawrence N Lawson Lee,C Lee,W Y Linder YLogan YLong Lord N Lucas Y Lupton Y Maddoi Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Milam Milford Moody Y Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Peters Y Pettit Y Phillips Y Pinkston Y Porter Rainey Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson.C Y Robinson,P Ross Y Royal Y Russell On the passage of the Bill, the ayes were 116, nays 16. The Bill, having received the requisite constitutional majority, was YSelman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith,T Smyre Y Stancil Y Steinberg Thomas.C Y Thomas.M Thompson Y Townsend N Triplett YTwiggs Y Waddle N Waldrep N Walker.C Y Walker,L N Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Williams.R Wilson N Wood Workman Y Yeargin Young Murphy,Spkr 2194 JOURNAL OF THE HOUSE, Representative Lee of the 72nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: SB 191. By: Senator Greene of the 26th: A BILL to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to provide that a living will shall be substantially in a certain form; provide that no hospital, skilled nursing facility, or other medical or health care facility shall prepare, offer to prepare, or otherwise provide forms for living wills unless specifically requested to do so by a person desiring to execute a living will; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 120, nays 4. 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 59. By: Representative Bray of the 91st: A BILL to amend Code Section 18-4-97 of the Official Code of Georgia Annotated, relating to payment of expenses incurred by garnishees in garnishment proceedings, so as to change the amount which the garnishee is entitled to deduct from funds paid into court; and for other purposes. The following Senate amendment was read: Amend HB 59 by striking from line 21 of page 1 the word "shall" and inserting in lieu thereof the word "may". Representative Bray of the 91st moved that the House agree to the Senate amendment to HB 59. On the motion, the ayes were 125, nays 1. 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 14. By: Representative Bolster of the 30th: A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that when a youth in the custody of the Division of Youth Services is tried as an adult and convicted of a felony, such youth shall no longer be subject to the jurisdiction and custody of the Division of Youth Services; and for other purposes. The following report of the Committee of Conference was read: WEDNESDAY, MARCH 6, 1985 2195 COMMITTEE OF CONFERENCE REPORT ON HB 14 The Committee of Conference on HB 14 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 14 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable Floyd Hudgins Senator, 15th District /s/Honorable Albert J. Scott Senator, 2nd District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Paul Bolster Representative, 30th District /s/Honorable Charles A. Thomas, Jr. Representative, 69th District /s/Honorable Arthur Langford Senator, 35th District /s/Honorable Donald F. Oliver Representative, 1st District A BILL To amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, so as to provide that certain discharges from the custody of the Division of Youth Services shall not be made prior to the expiration of one year of custody; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, is amended by striking in its entirety subparagraph (e)(2)(C) and inserting in its place a new subparagraph (e)(2)(C) to read as follows: "(C) The juvenile shall not be discharged from the custody of the division unless a motion therefor is granted by the court, which motion shall not be made prior to the expiration of three years one year of custody; and". Section 2. All laws and parts of laws in conflict with this Act are repealed. Representative Bolster of the 30th moved that the House adopt the report of the Committee of Conference on HB 14. On the motion, the ayes were 105, nays 2. The motion prevailed. Representative Dixon of the 151st District, Chairman of the Committee on Regulated Beverages, submitted the following report: Mr. Speaker: Your Committee on Regulated Beverages 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 243 Do Pass, by Substitute Respectfully submitted, Dixon of the 151st Chairman 2196 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 following Bills of the House: HB 705. By: Representatives Triplett of the 128th, Murphy of the 18th, Wood of the 9th, Colwell of the 4th, Dobbs of the 74th, and Evans of the 84th: A BILL to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract, so as to authorize the department to award a contract when only one bid has been received on the project; to require the department to open such bid; to require disclosure of the estimate; and for other purposes. HB 170. By: Representatives Kilgore of the 42nd, Wilson of the 20th, Williams of the 6th, Burruss of the 20th, Birdsong of the 104th, and Coleman of the 118th: A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to authorize the imposition of a special county 1 percent sales and use tax; to provide that the imposition of any such tax must be approved by the voters of the county; to provide that general obligation debt may be issued in conjunction with the imposition of the tax; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House: HB 27. By: Representatives Buck of the 95th and Robinson of the 96th: A BILL to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings in criminal trials, so as to provide for the exclusion of persons from the courtroom when persons under 16 years of age are testifying in certain cases involving sex offenses; and for other purposes. The Senate has disagreed to the House amendment to the Senate amendment to the following Bill of the House: HB 188. By: Representatives Bargeron of the 108th, Ross of the 82nd, Cox of the 141st, Godbee of the 110th, Moultrie of the 93rd, and others: A BILL to amend Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election districts and polling places, so as to provide that at a run-off primary in any county only a single polling place shall be open if the run-off primary is for the purpose of nominating candidates of only one political party and fewer than 1 percent of the county's registered voters voted at the primary of the political party; and for other purposes. The Senate has disagreed to the House substitute to the following Bill of the Senate: SB 148. By: Senators Coleman of the 1st, Scott of the 2nd, and Bryant of the 3rd: A BILL to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of power to contract, so as to authorize the department to award a contract when only one bid has been received on a project; and for other purposes. The Senate insists on its amendment to the following Bill of the House: WEDNESDAY, MARCH 6, 1985 2197 HB 4. By: Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, and Benefield of the 72nd: A BILL to amend an Act providing appropriations for the State Fiscal Year 1984-85 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 1984-85; 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 907. By: Representatives Oliver of the 1st, Robinson of the 96th, and Davis of the 45th: A BILL to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy generally, so as to provide that a petition to legitimate a child may be filed in the father's county of residence, the child's county of residence, or, if an adoption of the child is pending, in the county in which the adoption petition is filed; and for other purposes. The President has appointed on the part of the Senate the following: Senators Greene of the 26th, Peevy of the 48th, and Hine of the 52nd. The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate: SB 19. By: Senators Peevy of the 48th, Allgood of the 22nd, Dawkins of the 45th, and others: A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to comprehensively revise the provisions relating to the regulation and licensure of polygraph examiners; to create the State Board of Polygraph Examiners; and for other purposes. The President has appointed on the part of the Senate the following: Senators Peevy of the 48th, Allgood of the 22nd, and Trulock of the 10th. The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House: HB 74. By: Representatives Groover of the 99th and Birdsong of the 104th: A BILL to amend Code Section 15-9-2 of the Official Code of Georgia Annotated, relating to eligibility of judges of the probate courts and restrictions on serving in a fiduciary capacity, so as to specify the qualifications for the office of judge of the probate court; and for other purposes. The Senate adheres to its disagreement to the House amendment and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate: SB 272. By: Senators Bryant of the 3rd and Reddish of the 6th: A BILL to amend an Act placing the Sheriff of Glynn County on an annual salary, so as to change the provisions relating to automobiles for the sheriffs office; and for other purposes. The President has appointed on the part of the Senate the following: Senators Bryant of the 3rd, Kennedy of the 4th, and Reddish of the 6th. The Senate insists on its substitutes to the following Bills of the House: 2198 JOURNAL OF THE HOUSE, HB 583. By: Representatives Childs of the 53rd, Williams of the 54th, Redding of the 50th, Richardson of the 52nd, Steinberg of the 46th, and others: A BILL to amend 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, so as to provide that a municipality having an independent school system shall be authorized through its governing authority to allow the sale of alcoholic beverages for consumption on the premises during a certain period of time after 11:55 P.M. on Saturdays and in certain eating establishments during a certain period of time on Sundays; and for other purposes. HB 615. By: Representative Lane of the 27th: A BILL to amend Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the Composite State Board of Medical Examiners, so as to urge physicians to distribute informational booklets on breast cancer to patients suspected of having breast cancer; and for other purposes. The Senate insists on its amendments to the following Bills of the House: HB 630. By: Representatives Walker of the 115th, Evans of the 84th, Chambless of the 133rd, and Wood of the 9th: A BILL to amend Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to dismissal actions, so as to change provisions relating to right of voluntary dismissal; and for other purposes. HB 30. By: Representatives Buck of the 95th and Robinson of the 96th: A BILL to amend Code Section 16-9-55 of the Official Code of Georgia Annotated, relating to the crime of fraudulently obtaining or attempting to obtain public housing or reduction in public housing rent, so as to change the penalty provisions relating to such crime; 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 80. By: Representatives Thompson of the 20th, Cooper of the 20th, Cummings of the 17th, and Burruss of the 20th: A BILL to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide that materials obtained from or furnished by ad valorem taxpayers shall be confidential and shall not be disclosed by boards of tax assessors; to provide that such materials may be disclosed as necessary in tax collection proceedings; and for other purposes. The President has appointed on the part of the Senate the following: Senators Garner of the 30th, Brannon of the 51st, and Huggins of the 53rd. The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House: HB 85. By: Representatives Chambless of the 133rd, Walker of the 115th, and Robinson of the 96th: A BILL to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to change the number of persons selected as grand jurors by mechanical or electronic selection; to change the entities with which counties may contract to provide mechanical or electronic juror selection and to change certain conditions for such contracts; and for other purposes. WEDNESDAY, MARCH 6, 1985 2199 The Senate has disagreed to the House substitute to the following Bill of the Senate: SB 170. By: Senator Greene of the 26th: A BILL to amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions for medical malpractice, so as to change the provisions relating to limitations of actions for medical malpractice; to change the general limitation; to repeal the limitation relative to foreign objects left in the body; and for other purposes. During this day's proceedings, the Speaker and Speaker Pro Tern alternated presiding in the Chair. Pursuant to SR 246, adopted by the House and Senate, the House adjourned until 9:00 o'clock, A.M., Friday, March 8, 1985. 2200 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Friday, March 8, 1985 The House met pursuant to adjournment at 9:00 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 Danny Watters, Pastor, Beulah Baptist Church, Douglasville, Georgia. Representative Balkcom of the 140th, 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 committees: HB 1130. By: Representatives Steinberg of the 46th, Robinson of the 58th, Aaron of the 56th, Redding of the 50th, Clark of the 55th, and others: A BILL to create the office of citizens' zoning counsel of DeKalb County as a part of the form of government of DeKalb County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1131. By: Representative Jamieson of the llth: A BILL to amend Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions affecting contracts for public works, so as to provide for time limits within which progress payments or final payments are to be made to contractors; and for other purposes. Referred to the Committee on Industry. HB 1132. By: Representatives Porter of the 119th and Coleman of the 118th: A BILL to provide for the election of the members of the board of education of FRIDAY, MARCH 8, 1985 2201 Laurens County from single-member districts; to provide residency requirements; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1133. By: Representatives Dover of the llth and Jamieson of the llth: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the authority of the Board of Education of Habersham County to borrow funds and pledge certain building funds for the payment thereof; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1134. By: Representatives Home of the 103rd, Parham of the 105th, and Copelan of the 106th: A BILL to amend Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank branches, offices, facilities, and holding companies, so as to provide definitions; to provide conditions for certain acquisitions of banks by out-of-state bank holding companies; to provide for approval of acquisitions by the commissioner of banking and finance; and for other purposes. Referred to the Committee on Banks & Banking. HB 1135. By: Representatives Coleman of the 118th and Porter of the 119th: A BILL to amend Code Section 50-5-59 of the Official Code of Georgia Annotated, relating to information which state agencies are required to submit to the Department of Administrative Services, so as to provide that estimates of supplies and services submitted to the Department of Administrative Services shall be made available to vendors; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1136. By: Representative Martin of the 26th: A BILL to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for the comprehensive regulation of cooperative associations; and for other purposes. Referred to the Committee on Judiciary. HB 1137. By: Representatives Martin of the 26th and Bolster of the 30th: A BILL to amend Code Section 28-7-2 of the Official Code of Georgia Annotated, relating to registration of certain registered agents with the Secretary of State, so as to provide that any person who is a registered agent and the employer of such person shall file with the Secretary of State a report containing certain information; and for other purposes. Referred to the Committee on Rules. HB 1138. By: Representatives Steinberg of the 46th, Robinson of the 58th, Williams of the 54th, Aaron of the 56th, Clark of the 55th, and others: 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 provide requirements relative to conflicts of interest in making zoning changes; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. 2202 JOURNAL OF THE HOUSE, HB 1139. By: Representative Smith of the 152nd: A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create a State Board of Electrologists; and for other purposes. Referred to the Committee on Industry. HR 416. By. Representatives Alford of the 57th and Dobbs of the 74th: A RESOLUTION proposing an amendment to the Constitution so as to provide that the governing authority of any county, municipality, or other political subdivision may contract for any period not exceeding 50 years with any private corporation for the provision of water or sewage facilities or systems and water or sewage services; and for other purposes. Referred to the Committee on Natural Resources & Environment. HR 444. By: Representative Barnett of the 59th: A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to provide by law for grants of clemency, reprieves, pardons, and paroles and to commute penalties, remove disabilities imposed by law, remit any part of a sentence for any offense against the state after conviction, and suspend the execution of a sentence of death; and for other purposes. Referred to the Committee on Judiciary. HR 445. By: Representatives Home of the 103rd, Randall of the 101st, Pinkston of the 100th, Watson of the 114th, and Lucas of the 102nd: A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly shall provide by law for a program of indemnification with respect to the death or permanent disability of any district attorney who is or has been killed or permanently disabled subsequent to January 1, 1977, while engaged in the apprehension or attempted apprehension of a criminal; and for other purposes. Referred to the Committee on Public Safety. By unanimous consent, the following Bills and Resolution of the House were read the second time: HB 1120 HB 1121 HB 1122 HB 1123 HB 1124 HB 1125 HB 1126 HB 1127 HB 1128 HB 1129 HR 397 Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HR 98 Do Pass, by Substitute HR 167 Do Pass, by Substitute HR 299 Do Pass HR 326 Do Pass, by Substitute HR 362 Do Pass, by Substitute SB 9 Do Pass, by Substitute FRIDAY, MARCH 8, 1985 2203 Respectfully submitted, Lee of the 72nd Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1117 Do Pass SB 227 Do Pass SB 276 Do Pass SB 287 Do Pass SB 288 Do Pass SB 289 Do Pass Respectfully submitted, Adams of the 36th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR FRIDAY, MARCH 8, 1985 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 40th Legislative Day as enumerated below: HB 453 County Commissioner: Certain Counties: Minimum Salary HB 724 Interstate Banking: Include Arkansas HR 240 Jt. School Bus Seat Belt Study Committee: Create SB 6 Mentally 111 Persons: Emergency Care SB 7 Magistrate Court: Civil Actions: Service Process SB 16 Animal Injuries: Owner Liable SB 30 Law Enforcement Off.: Compensation for Attendance: DUI Hearing SB 48 State Courts: Juries: Uniform Procedures SB 86 Magistrate Cts.: Judge Grant Bail: Certain Offenses SB 119 Counties: Public Buildings: Inspection by Grand Jury SB 131 Insurance Fraud: Definition SB 140 Abandoned Property: Claims: Time for Filing SB 166 Certain Controlled Substances: Possession, Trafficking: Penalty SB 169 Civil Actions: Computation of Time SB 182 Handicapped Parking: Violations: Towing Expenses SB 214 Trans.: Hazardous Materials Act: New Code Chapter SB 224 Employee Ret. System: Cert. Crimes: Limit Creditable Service SB 235 Health Insurance: Optional Prov.: Policy Language SB 243 Billiard Rooms: Restaurants: Delete Al. Bev. Prohibitions SB 252 Post Mortem Exam.: Suspicious Death: Coroner's Duties SR 41 Bartow County: Convey Property SR 168 Brantley County: Convey Property SR 184 District of Columbia: Repres.: Ratify U.S. Constitution Bills and Resolutions on this calendar may be called in any order the Speaker desires. 2204 JOURNAL OF THE HOUSE, Respectfully submitted, /s/ Lee of the 72nd Chairman By unanimous consent, all House Bills and Resolutions passed today were ordered immediately transmitted to the Senate. Pursuant to House Rule 150, all amended or substituted Senate Bills and Resolutions passed today were ordered immediately transmitted to the Senate. By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 1117. By: Representative Jackson of the 65th: A BILL to amend an Act placing the compensation of the clerk of the Superior Court, the judge of the Probate Court, and the coroner of Walton County on a salary basis in lieu of a fee basis, so as to provide the compensation of the coroner of Walton 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 227. By: Senator Tysinger of the 41st: 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 the compensation of the members of the board of education; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 276. By: Senators Harrison of the 37th, Barnes of the 33rd, Tolleson of the 32nd, and Brantley of the 56th: A BILL to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk 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 287. By: Senators Barnes of the 33rd, Harrison of the 37th, Tolleson of the 32nd, and Brantley of the 56th: A BILL to amend an Act providing a new FRIDAY, MARCH 8, 1985 2205 charter for the City of Powder Springs, so as to provide for powers and duties of the mayor; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 288. By: Senators Stumbaugh of the 55th, Howard of the 42nd, Walker of the 43rd, and Burton of the 5th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that the General Assembly shall have authority to create and establish districts from which the members of the DeKalb County Board of Education shall be elected and to provide the manner of 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. SB 289. By: Senators Stumbaugh of the 55th, Howard of the 42nd, Walker of the 43rd, and Burton of the 5th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment directing the county authorities of DeKalb County to levy a tax not exceeding one mill for educational purpose; and for other purposes. The report 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: The Senate has passed by the requisite constitutional majority the following Bills of the House: HB 1068. By: Representative Pinkston of the 100th: A BILL to amend an Act known as "Macon-Bibb County Water & Sewerage Authority Act Amended"; and for other purposes. HB 1072. By: Representative Groover of the 99th: A BILL to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act", so as to authorize said authority to undertake certain projects; and for other purposes. HB 1084. By: Representative Edwards of the 112th: A BILL to provide for education districts for the election of members of the board of education of Marion 2206 JOURNAL OF THE HOUSE, County; to provide for the manner of electing members; and for other purposes. HB 1085. By: Representative Sizemore of the 136th: A BILL to amend an Act creating and establishing a board of commissioners of roads and revenues of Worth County, so as to change the compensation of the chairman and members of the board of commissioners of Worth County; and for other purposes. HB 64. By: Representative Bray of the 91st: A BILL to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to provide that when two or more executions have been issued against a defendant, or when two or more in rem executions have been issued against the same unreturned property, such executions may be aggregated and the total amount due may be levied as in the case of a single execution; and for other purposes. HB 174. By: Representative Evans of the 84th: A BILL to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to delete the requirement of prior shareholder approval for the issuance of rights or options to purchase shares to directors, officers, or employees of a corporation; to restate the exception to preemptive rights for such rights or options that receive shareholder approval; and for other purposes. HB 231. By: Representatives Thomas of the 69th, Evans of the 84th, Davis of the 45th, Copelan of the 106th, and Lee of the 70th: A BILL to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, Code Section 17-5-21 of the Official Code of Georgia Annotated, relating to issuance of search warrants, and Code Section 15-7-25 of the Official Code of Georgia Annotated, relating to retired state court judges, so as to provide that a retired judge or judge emeritus of a state court may hear applications for and issue arrest warrants and search warrants if authorized to do so by an active judge of the state court; and for other purposes. HB 309. By: Representative Evans of the 84th: A BILL to amend Article 11 of Chapter 2 of Title 14 of the Official Code assets, so as to define certain terms; to require certain approvals of the board of directors and shareholders; to impose fair pricing requirements for certain corporate transactions; to provide for inapplicability under certain conditions; and for other purposes. HB 464. By: Representatives Coleman of the 118th, Hanner of the 131st, and Ramsey of the 3rd: A BILL to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to change the provisions relating to powers and duties of the Georgia Peace Officer Standards and Training Council; and for other purposes. HB 711. By: Representative Murphy of the 18th: A BILL to amend Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries for clerks of superior courts, so as to change the minimum annual salary; and for other purposes. HB 822. By: Representatives Bray of the 91st, Moultrie of the 93rd, Greene of the 130th, Holmes of the 28th, Groover of the 99th, and others: A BILL to FRIDAY, MARCH 8, 1985 2207 amend Article 4 of Title 21 of the Official Code of Georgia Annotated, relat- ing to selection and qualification of candidates for public office, so as to provide for the manner of filling vacancies in party nominations; to provide for the reopening of qualification for office in the event of a vacancy prior to a political party primary and in the event of a vacancy in a nonpartisan pri- mary; and for other purposes. HB 250. By: Representative Richardson of the 52nd: A BILL to amend Code Section 31-7-9 of the Official Code of Georgia Annotated, relating to reports by physicians and others regarding nonaccidental injuries to patients, so as to require such reports by certain personnel in ambulatory surgical centers; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolutions of the House: HR 200. By: Representative Ramsey of the 3rd: A RESOLUTION designating the Charlie Kendrick Memorial Bridge; and for other purposes. HR 214. By: Representatives Logan of the 67th, McDonald of the 12th, Argo of the 68th, and others: A RESOLUTION urging the United States Army Corps of Engineers to complete the Northeast Georgia Study, including the Curry Creek Dam and Lake; and for other purposes. HR 236. By: Representatives Godbee of the 110th, Lane of the lllth, and Chance of the 129th: A RESOLUTION designating the Captain William Cone Bridge; and for other purposes. The Senate has agreed to the House substitute, as amended by the Senate, to the following Bill of the Senate: SB 269. By: Senators Gillis of the 20th, Barnes of the 33rd, and Dean of the 31st: A BILL to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Industrial Authority, so as to provide a definition of the word "may"; to provide for the power of the authority relating to the issuance of revenue bonds, bonds, notes, or other obligations; and for other purposes. The Senate recedes from its amendment to the following Bill of the House: HB 647. By: Representative Bolster of the 30th: A BILL to amend Code Section 15-10-2.1 of the Official Code of Georgia Annotated, relating to the continuation of certain jurisdiction of certain magistrate courts until a specified date, so as to provide for the permanent continuation of such jurisdiction for magistrate courts of 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. The Senate has agreed to the House substitutes to the following Bills of the Senate: SB 17. By: Senator Barnes of the 33rd: A BILL to amend Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of civil cases after dismissal, so as to provide that a renewed case filed within six months shall stand on the same footing, as to limitation, with the original case both where the original case was filed in a court of this state and where the orig- inal case was filed in a federal court; and for other purposes. 2208 JOURNAL OF THE HOUSE, SB 61. By: Senators Greene of the 26th, Deal of the 49th, Barnes of the 33rd, and Dawkins of the 45th: A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to increase the base annual salary of each secretary of judges of the superior courts; to provide for the adoption of a salary scale allowing merit increases annually; to provide for a maximum number of merit increases; and for other purposes. SB 60. By: Senator Holloway of the 12th: A BILL to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide for grace periods prior to discontinuing certain group health insurance policies and to provide for notices of discontinuance; and for other purposes. SB 74. By: Senators Deal of the 49th and Greene of the 26th: A BILL to amend Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses, so as to provide that the victim of a criminal offense shall be entitled to be present in court during the prosecution of such offense; and for other purposes. SB 88. By: Senators Deal of the 49th and Peevy of the 48th: A BILL to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, as to provide that the chief magistrate of each county may, by local rule of court, authorize the clerk of the magistrate court or one or more deputy clerks of the court to sign any notice or summons in any civil action pending in the court; and for other purposes. SB 23. By: Senators Harrison of the 37th, Tolleson of the 32nd, and Brantley of the 56th: A BILL to repeal an Act entitled "An Act to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the City of Marietta; and for other purposes. The Senate has agreed to the House amendments to the following Bills and Resolutions of the Senate: SB 154. By: Senator Kidd of the 25th: A BILL to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to change the provisions relating to definitions of certain terms; to change cer- tain provisions relating to the frequency of meetings of the State Board of Cosmetology; to delete the requirement of an annual financial report of board; and for other purposes. SB 210. By: Senator Tolleson of the 32nd: A BILL to amend Article 4 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, relating to cave pro- tection, so as to provide that a person who enters a cave without the express prior written permission of the owner shall be guilty of a misdemeanor; and for other purposes. SB 274. By: Senators Harrison of the 37th, Tolleson of the 32nd, and Brantley of the 56th: A BILL to amend an Act creating a board of commissioners for Cobb County, so as to change the compensation provisions relating to the members of the board of commissioners; and for other purposes. SR 17. By: Senator Broun of the 46th: A RESOLUTION creating the Joint Small Businesses in Georgia Study Committee; and for other purposes. FRIDAY, MARCH 8, 1985 2209 SR 50. By: Senator Brannon of the 51st: A RESOLUTION authorizing the conveyance of certain state owned real property located in Calhoun, Georgia, to the Gordon County Board of Commissioners; and for other purposes. SR 118. By: Senators Perry of the 7th, Bryant of the 3rd, McKenzie of the 14th, and others: A RESOLUTION creating the Corridor Z Highway Name Study Committee; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bill of the House: HB 659. By: Representatives Colwell of the 4th and Twiggs of the 4th: A BILL to amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to the filing of death certificates, so as to provide additional requirements for the filing of death certificates; to provide for the furnishing of certain information to county voter registration officers; and for other purposes. The Senate has adopted the Conference Committee Report on the following Bills of the Senate and House: SB 82. By: Senators Barnes of the 33rd, Dean of the 31st, Trulock of the 10th, and others: 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 provide for a quality basic education in every school in Georgia; to provide for a statewide curriculum; to provide for instructional programs; to provide for grants to local units of administration for the operation of educational programs; to provide for essential instructional and support services resources; and for other purposes. HB 81. By: Representatives Aiken of the 21st and Johnson of the 21st: A BILL to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to debtor coverage under group life insurance policies, so as to extend the term for which a debtor is eligible for insurance for an indebtedness repayable in one sum; and for other purposes. The Senate has agreed to the House amendment to the following Bill of the Senate: SB 278. By: Senator Foster of the 50th: A BILL to amend an Act creating the office of commissioner of Dawson County, so as to change the provisions relating to the compensation of said commissioner; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: HR 414. By: Representative Crosby of the 150th: A RESOLUTION creating the Logging Safety Study Committee; and for other purposes. HR 415. By: Representatives Childs of the 53rd and Murphy of the 18th: A RESOLUTION inviting all former members of the Georgia House of Representatives to return to the House Chamber on Tuesday, January 21, 1986; and for other purposes. The following Resolution of the House was read and adopted: HR 417. By: Representatives Workman of the 51st, Robinson of the 58th, Redding of the 50th, and others: A RESOLUTION in memory of George Cleal Huddlestun; and for other purposes. 2210 JOURNAL OF THE HOUSE, The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto: SB 269. By: Senators Gillis of the 20th, Barnes of the 33rd, and Dean of the 31st: A BILL to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Industrial Authority, so as to provide a definition of the word "may"; to provide for the power of the authority relating to the issuance of revenue bonds, bonds, notes, or other obligations; and for other purposes. The following Senate amendment was read: Amend the House substitute to SB 269 by inserting following the word "obligations" on line 6 of page 1 the following: "; to authorize the authority to receive payments from the Department of Community Affairs and to use the proceeds thereof for certain purposes; to authorize the General Assembly to appropriate certain funds for State Fiscal Year 1985 from the Revenue Shortfall Reserve for the purpose of financing the construction of water and sewer projects, through loans to local governments by the Georgia Development Authority". Representative Phillips of the 120th moved that the House agree to the Senate amendment to the House substitute to SB 269. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Aiken YAlford Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Brooks Brown.G Y Brown.J YBuck YBurruss Byrd Y Carter Y Chambless Chance YCheks Y Childere Childs Clark,B Y Clark,L Colbert Coleman Y Colwell Y Connell Y Cooper YCopelan Couch YCox Y Crawford Crosby Y Cummings Daugherty YDavis Dean Y Dixon Y Dobbs Dover Dunn Y Edwards Y Evans Felton Foster YGaler YGodbee YGoodwin Y Greene Y Greer Y Groover Y Hamilton Manner Y Hasty Hays Y Heard Hill Holcomb Holmes Y Hooks Home Hudson Y Isakson Jackson.J Y Jackson.N Y Jamieaon JohnsonJD Y Johnson,F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston YLane,D YLane,R Lawler Y Lawrence Lawson YLee,C YLee,W Y Linder YLogan Long YLord Lucas Y Lupton Y Maddox Y Mangum Martin.C Martin,J Y Matthews McDonald On the motion, the ayes were 111, nays 0. The motion prevailed. Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Morton Mostiler Y Moultrie Mueller Y Oliver.C Oliver,D Y Padgett YPannell YParham YParrish Y Patten Y Peters Y Pettit Y Phillips Pinks ton Porter YRainey YRamsey.T Y Ramaey.V YRandall Y Ransom Ray Y Reaves Redding Y Richardson Robinson.C Y Robinson,? YRoss Y Royal Y Russell Selroan Shepard YSherrod Sinkfield Y Sizemore Y Smith,L Y Smith.P Smith,T Smyre Stancil Steinberg Thomas.C Y Thomas,M Thompson Y Townsend Y Triplett YTwiggs Waddle Waldrep Walker.C Y Walker,L Y Wall Ware Watson Y Watts White Wilder Williams,B Y WiUiams.J YWilliams,R Y Wilson Wood Workman Y Yeargin Young Murphy.Spkr FRIDAY, MARCH 8, 1985 2211 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 4. By: Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, and Benefield of the 72nd: A BILL to amend an Act providing appropriations for the State Fiscal Year 1984-85 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 1984-85; and for other purposes. Representative Burruss of the 20th moved that the House insist on its position in disagreeing to the Senate amendment to HB 4 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 Burruss of the 20th, Phillips of the 120th, and McDonald of the 12th. The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto: SB 170. By: Senator Greene of the 26th: A BILL to amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions for medical malpractice, so as to change the provisions relating to limitations of actions for medical malpractice; to change the general limitation; to repeal the limitation relative to foreign objects left in the body; and for other purposes. Representative Evans of the 84th moved that the House insist on its position in substituting SB 170. 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 630. By: Representatives Walker of the 115th, Evans of the 84th, Chambless of the 133rd, and Wood of the 9th: A BILL to amend Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to dismissal actions, so as to change provisions relating to right of voluntary dismissal; and for other purposes. Representative Evans of the 84th moved that the House insist on its position in disagreeing to the Senate amendment to HB 630 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 Evans of the 84th, Groover of the 99th, and Chambless of the 133rd. 2212 JOURNAL OF THE HOUSE, The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 705. By: Representatives Triplett of the 128th, Murphy of the 18th, Wood of the 9th, Colwell of the 4th, Dobbs of the 74th, and Evans of the 84th: A BILL to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract, so as to authorize the department to award a contract when only one bid has been received on the project; to require the department to open such bid; to require disclosure of the estimate; and for other purposes. The following Senate substitute was read: A BILL To amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract, so as to authorize the department to award a contract when only one bid has been received on a project; to authorize the department to award a contract to the next lowest bidder if the lowest reliable bidder is released by the department because of an obvious error; to authorize the department to award any contract based on the lowest comparison of bids from reliable bidders where the department has advertised for bids on an alternative basis; to authorize the department to negotiate a contract if all bids are over the department's cost estimate as long as the resulting negotiated contract is below the lowest reliable bid; to authorize the department to negotiate with the lowest reliable bidder if there have been changes in the construction plans or specifications after the department has received and opened the bids but before the bid has been awarded; to reserve to the department the right to reject any and all bids; 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 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract, is amended by striking Code Section 32-2-69, relating to the award of contracts to the lowest reliable bidder, in its entirety and inserting in lieu thereof a new Code Section 32-2-69 to read as follows: oi~^~by. ific QCpftptineRt 9fi Lii swflpd ttiC1 contfftct to the lowest peiiflDic Dictdcp WilCTG ftt ICftSt cWO Of IXlOPft D1Q.S ftflVC DCGH PCCClVGu IPOIB FCllflOlC DldClCFSj pPOVlQCQ tftflt ts reserved, ift trie public notice f mot snd, m such csse, trie dep&F*meiii>' nifty readvertisc, perform the work itaclf, or abandon the project. (a) On all contracts required to be let for public bid the department shall award the contract pursuant to the following provisions: (1) If only one bid is received, the department may open and evaluate the bid and may award the contract if said bid does not exceed the department's cost estimate for the project as certified by the state highway engineer; (2) If two or more bids are received, the department shall award the contract to the lowest bidder; provided that the department shall have the right to reject any and all such bids whether such right is reserved in the public notice or not; provided, further, if the lowest reliable bidder is determined not to be reliable between the time the bids are taken and the contract is awarded or if the lowest reliable bidder is released by the department because of an obvious error in the bid or if the lowest reliable bidder to whom the contract is awarded refuses to accept the award and sign the contract and forfeits the proposal guaranty, the department may award the contract to the next lowest reliable bidder; and provided, further, that, if by operation of this paragraph only one bidder remains, the provisions of paragraph (1) of this subsection shall be applicable; and FRIDAY, MARCH 8, 1985 2213 (3) If the department has requested bids on several alternative contracts for a project, as a whole and parts thereof, the department at its option may award the contract based on the lowest comparison of bids from reliable bidders, provided that a bid was received from at least two different bidders for the work included in the contract to be awarded. However, if there is not at least one bid from two different bidders for the work for which a contract is to be awarded, the department may award a contract covering said work under the provisions of paragraph (1) of this subsection. (b) Regardless of the provisions of paragraph (1) of subsection (d) of Code Section 32-2-61, relating to the limitations on the department's powers to contract: (1) When the department rejects all bids on a project and the project is readvertised, if all bids in the second or subsequent letting or lettings exceed the department's certified cost estimate, the department may reject any and all bids and either readvertise, perform the work itself, abandon the project, or negotiate the construction contract for the project provided that if the department negotiates the contract for the construction of the project, the contract which is negotiated is the same contract on which bids have been previously taken and the amount of the resulting negotiated contract is below the lowest reliable bid which was received thereon. In negotiating such contract, the department will first negotiate with the low bidder in the most recent letting but will not be restricted to negotiating with only those who bid on the project; provided, however, that all such negotiated contracts must be approved by the State Transportation Board; and (2) If there are changes in construction plans or specifications after the department has received and opened bids but before the contract has been awarded, the department is authorized to negotiate with the lowest reliable bidder to incorporate the changes. (c) Nothing in this Code section shall limit the department's right to reject any and all bids whether such right is reserved in the public notice or not and, in such case, the department may readvertise, perform the work itself, or abandon the project." 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. Representative Triplett of the 128th moved that the House disagree to the Senate substitute to HB 705. 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 615. By: Representative Lane of the 27th: A BILL to amend Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the Composite State Board of Medical Examiners, so as to urge physicians to distribute informational booklets on breast cancer to patients suspected of having breast cancer; and for other purposes. Representative Lane of the 27th moved that the House insist on its position in disagreeing to the Senate substitute to HB 615 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: 2214 JOURNAL OF THE HOUSE, Representatives Lane of the 27th, Childers of the 15th, and Chambless of the 133rd. The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto: HB 27. By: Representatives Buck of the 95th and Robinson of the 96th: A BILL to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings in criminal trials, so as to provide for the exclusion of persons from the courtroom when persons under 16 years of age are testifying in certain cases involving sex offenses; and for other purposes. The following Senate amendment was read: Amend HB 27 by inserting on line 27 of page 1 between "state" and "may" the following: "or the defendant". Representative Buck of the 95th moved that the House agree to the Senate amendment to HB 27. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderaon YArgo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefleld YBenn Birdsong Bishop Bolster Y Bostick Branch YBray Brooks Y Brown.G Y Brown,J YBuck Y Burruss Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Clark,B Y Clark,L Colbert Coleman Colwell Y Connell Y Cooper Y Copelan Couch YCox Y Crawford Crosby Y Cummings Daugherty Y Davis Dean Y Dixon YDobbs Y Dover Dunn Y Edwards Y Evans Felton Foster YGaler YGodbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Banner Y Hasty Hays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson.D Y Johnson.F Johnson.R Y Johnson.S Kilgore Kingston Y Lane,D Y Lane.R Lawler Y Lawrence Y Lawson Y Lee.C YLee.W Y Under YLogan Long YLord Lucas Y Lupton Y Maddox Y Mangum Martin,C Martin,J Matthews Y McDonald On the motion, the ayes were 121, nays 0. The motion prevailed. McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Mortpn Mostiler Moultrie Y Mueller Y Oliver.C Oliver.D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V RandaU Y Ransom Ray Y Reaves Y Redding Richardson Y Robinson.C Y Robinson,? YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Sizemore Y Smith.L Smith.P Smith.T Smyre Stancil Steinberg Thomas.C Y Thomas.M Thompson Y Townsend Y Triplett Twiggs Y Waddle Y Waldrep Walker.C Walker,L Y Wall Y Ware Watson Y Watts White Wilder Y Williams,B Y Williams,J Y Williams,R Y Wilson Y Wood Workman Y Yeargin Young Murphy,Spkr FRIDAY, MARCH 8, 1985 2215 HB 85. By: Representatives Chambless of the 133rd, Walker of the 115th, and Robinson of the 96th: A BILL to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to change the number of persons selected as grand jurors by mechanical or electronic selection; to change the entities with which counties may contract to provide mechanical or electronic juror selection and to change certain conditions for such contracts; and for other purposes. The following Senate substitute was read: A BILL To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide uniform practice and procedure provisions regarding juries in state courts of counties; to change the number of persons selected as grand jurors by mechanical or electronic selection; to change the entities with which counties may contract to provide mechanical or electronic juror selection and to change certain conditions for such contracts; to provide for panels of jurors; to provide for six-person juries in civil cases in state courts; to provide that a jury of 12 may be demanded in certain cases; to provide for sixperson juries for misdemeanor cases in state courts and superior courts; to provide for the filling of panels by additional competent and impartial jurors; to provide for peremptory challenges; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking in its entirety Code Section 15-7-45, relating to jury composition and qualifications, and inserting in its place a new Code Section 15-7-45 to read as follows: "15-7-45. A4i Except as otherwise provided in Part 1 of Article 5 of Chapter 12 of this title, all laws with reference to the number, composition, qualifications, impaneling, challenging, and compensation of jurors in superior courts shall apply to and be observed by state courtsy except where conflict wttfe th terms ef- the Act creating saeh eearts." Section 2. Said title is further amended by striking in its entirety paragraph (1) of subsection (b) of Code Section 15-12-40, relating to compilation and revision of jury lists, and inserting in its place a new paragraph (1) to read as follows: "(1) In any county utilizing a plan for the selection of persons to serve as jurors by mechanical or electronic means in conformance with paragraphs (1) and (2) of subsection (b) of Code Section 15-12-42, the board of jury commissioners shall compile and maintain a jury list of all the intelligent and upright citizens of the county who are otherwise qualified to serve as jurors. The approved jury list may be taken from the registered voters' list of the county as most recently revised by the county board of registrars or other county election officials and from any other source approved by the board of jury commissioners. After selecting the citizens to serve as jurors, the board of jury commissioners shall select from the jury list any number of the most experienced, intelligent, and upright citizens^ net tess titan one-third ef the whete number; feat net te exceed 6,000 jttrefs to serve as grand jurors. The number of citizens on said list shall be established by the jury commissioners but shall contain, as a minimum, a number equal to four times the number of grand jurors required to be drawn in the county annually, not to exceed 5,000 jurors." Section 3. Said title is further amended by striking in its entirety subsection (c) of Code Section 15-12-42, relating to use of jury boxes and mechanical and electronic means of selecting jurors, and inserting in its place a new subsection (c) to read as follows: "(c) A county utilizing mechanical or electronic means for the selection of jurors may, under proper court rule, contract for the drawing of their respective trial and grand 2216 JOURNAL OF THE HOUSE, jurors with ether counties found wtthm the judicial administrative district for the drawing ef- their respective trial and grand jwers any entity with which a county may contract under Article IX, Section III, Paragraph l^ subparagraph (a) of the Constitution and with any private business or entity within this state, but any such contract shall ensure that proper safeguards are maintained as provided in paragraph (2) of subsection (b) of this Code section. The drawing may be held outside of the county so contracting by a judge of the circuit or his designee upon proper posting and advertising in the county legal organ of the rule of court allowing this service to be performed for the county." Section 4. Said title is further amended by striking in its entirety Code Section 15-12-122, relating to the panels of jurors in civil cases, and inserting in its place a new Code Section 15-12-122 to read as follows: iy~i^~A^^. \&) jl\z *tt ft court of record whore rt is not prohibited oy trie t/onstitti tien er otherwise provided by general er leeal law Except as provided in paragraph (2) of this Code section, in all civil actions in which the daw* for damages is less- tha $6,000.00 exclusive ef interest and costs the state courts, the judge, at each term, shall make up from the array two panels of six jurors each from the trial jurors which shall be known and distinguished as panels 'number one' and 'number two.' All cases in such courts shall be tried by one or the other of such panels if the parties agree upon a panel. If the parties do not agree upon a panel, the clerk shall furnish the parties or their attorneys a list of both panels from which the parties or their attorneys may strike alternately until there are only six jurors left, who shall constitute the jury to try the case. In all cases the plaintiff shall have the first strike. (2) In all civil actions in the state courts in which the claim for damages is greater than $10,000.00, either party may demand in writing prior to the commencement of the trial term that the case be tried by a jury of 12. If such a demand is made, the judge shall follow the procedures for superior courts of subsection (b) of this Code section. (b) Unless otherwise provided, in In all civil actions in a eeart ef reeerd the superior courts, the judge, at each term, shall make up from the array two panels of 12 jurors each from the trial jurors which shall be known and distinguished as panels 'number one' and 'number two.' All civil cases in the superior courts shall be tried by one or the other of the panels if the parties shall agree upon a panel. If the parties do not agree upon a panel, the clerk shall furnish the parties or their attorneys a list of both panels, from which the parties or their attorneys may strike alternately until there are only twelve jurors left, who shall constitute the jury to try the case. In all cases the plaintiff shall have the first strike." Section 5. Said title is further amended by striking in its entirety Code Section 15-12-123, relating to filling panels with tales jurors in civil cases, and inserting in its place a new Code Section 15-12-123 to read as follows: "15-12-123. (a) (1) IB a eetirt ef- reeerd where it is net prohibited by the Constitutien er otherwise provided by general er leeal law Except as provided in paragraph (2) of this subsection, in all civil actions in which the claim for damages is less than $6,000.00 exclusive ef interest and costs the state courts, each party may only demand a panel of 12 competent and impartial jurors from which to strike a jury. When one or more of the regular panel of trial jurors is absent or for any reason is disqualified, the presiding judge, at the request of counsel for either party, shall cause the panel to be filled by tales additional competent and impartial jurors to the number of 12 before requiring the parties or their counsel to strike a jury. (2) In all civil actions in the state courts in which a jury of 12 is demanded, the judge shall follow the procedures for superior courts of subsection (b) of this Code section. (b) Unless otherwise provided, in In all civil actions in a eettrt ef reeerd the superior courts, each party may demand a full panel of 24 competent and impartial jurors from which to strike a jury. When one or more of the regular panel of trial jurors is absent or for any reason is disqualified, the presiding judge, at the request of counsel for either FRIDAY, MARCH 8, 1985 2217 party, shall cause the panel to be filled by tales additional competent and impartial jurors to the number of 24 before requiring the parties or their counsel to strike a jury." Section 6. Said title is further amended by striking in its entirety Code Section 15-12-125, relating to the selection of trial jurors for misdemeanor cases, and inserting in its place a new Code Section 15-12-125 to read as follows: "15-12-125. For the trial of misdemeanors in the superior eert all courts, the district prosecuting attorney and the accused may select either panel of 12 six of the trial jurors. If they do not agree upon a panel, the court shall have a panel made up of 34 12 jurors in attendance, of which the accused shall have the right to challenge seven four peremptorily, and the state five two. The remaining 12 six shall constitute the jury." Section 7. Said title is further amended by striking in its entirety Code Section 15-12-126, relating to tales jurors for misdemeanor cases, and inserting in its place a new Code Section 15-12-126 to read as follows: "15-12-126. When the regular panels of trial jurors cannot be furnished to make up panels of 24 the correct number from which to take juries in misdemeanor cases because of the absence of any of such panels, where they, or any part of them, are engaged in the consideration of a case, the presiding judge may cause the panels to be filled by summoning such numbers of persons who are competent jurors as may be necessary to fill the panels. Such panels ef 24 shall be used as the regular panels ef 24 are used. The presiding judge shall draw the talcs additional competent and impartial jurors from the jury box of the county and shall order the sheriff to summon them in the event that there are not sufficient jurors." Section 8. All laws and parts of laws in conflict with this Act are repealed. Representative Chambless of the 133rd moved that the House agree to the Senate substitute to HB 85. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo Athon Y Atkins YAuten Y Bailey Y Balkcom Y Bannister Bargeron Y Barnett,B Y Bamett,M YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Bostick Branch YBray Y Brooks Y Brown.G Y BrownJ Buck YBurruss Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Clark,B Clark.L Y Colbert Coleman Colwell Y Connell Cooper Y Copelan Couch YCox Y Crawford Crosby Y Cummings Daugherty Y Davis Dean Y Diion Dobbs Dover Dunn Y Edwards Y Evans Felton Foster Y Galer Y Godbee YGoodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Hasty Hays Y Heard YHill Y Holcomb Holmes Y Hooks Home Y Hudson YIsakson Y Jackson,J Y Jackson.N Jamieson Y Johnson,D Y Johnson,F Y Johnson.R Johnson,S Kilgore Y Kingston Y Lane,D Y Lane,R Lawler Y Lawrence Y Lawson YLee,C Y Lee,W Y Linder YLogan YLong YLord Y Lucas Lupton Y Maddox Y Mangum Martin.C Martin,J Matthews McDonald McKelvey McKinney Y Milam Milford Y Moody Moore YMorton Y Mostiler Y Moultrie N Mueller Y Oliver.C 01iver,D Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V Randall Y Ransom Ray Y Reaves Y Redding Richardson Y Robinson.C Y Robinson,P YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Sizemore Y Smith,L Y Smith.P Smith.T Smyre Stancil Y Steinberg Thomas.C Y Thomas.M Thompson Townsend Y Triplett Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall YWare Watson Y Watts White Wilder Y Williams.B Y Williams,J Y Williams,R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr 2218 JOURNAL OF THE HOUSE, On the motion, the ayes were 115, nays 1. The motion prevailed. Representative Mueller of the 126th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 735. By: Representative Daugherty of the 33rd: A BILL to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to wills, so as to provide that the probate court shall have original jurisdiction over any action to vacate, set aside, or amend the probate of a will; to provide that the probate court shall have exclusive original jurisdiction over any such action which alleges that a will other than the probated will is the true will or that there exists an unprobated codicil to the probated will; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of wills, so as to provide that notice of a petition for probate of a will in solemn form shall be served upon the propounders and beneficiaries under another purported will of the testator as to which other probate proceedings are pending; to provide that the probate court shall have original jurisdiction over any action to vacate, set aside, or amend its order admitting a will to probate which alleges that a later will is entitled to be admitted to probate or that a codicil to the probated will is entitled to be admitted to probate; to provide for notice of such actions; to provide for the hearing and disposition of such actions; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to the probate of wills, is amended by striking Code Section 53-3-13, relating to procedure for probate in solemn form, and inserting in its place a new Code section to read as follows: "53-3-13. (a) Probate by the witnesses, that is, probate in solemn form, is the proving of the will, after due notice to all the heirs at law and the propounders and beneficiaries under any other purported will of the testator as to which probate proceedings are pending in this state, by all witnesses in life and within the jurisdiction of the court, or by proof of their signatures and that of the testator if the witnesses are dead, blind, incompetent, or inaccessible, and the ordering to record of the will so proved; provided, however, that only one witness shall be required to prove the will for probate in solemn form if no caveat is filed. Such probate is conclusive upon all the parties notified and upon all devisees and legatees under the will who are represented in the executor. As to heirs at law not effectively notified, probate in solemn form shall be as conclusive as if probate had been in common form. (b) The petition to probate a will in solemn form shall be verified by the oath of the applicant and shall set forth the full name, the place of domicile, the legal residence, and the date of the death of the testator; the post office address of the petitioner; and the names, ages, and addresses of the surviving spouse and of all the heirs at law, stating their relationship to the testator; and whether, to the knowledge of the applicant, any other proceedings with respect to the probate of another purported will of the testator are pending in this state and, if so, the names and addresses of the propounders and the names, ages, and addresses of the beneficiaries under the other purported will. In the event full particulars are lacking, the petition shall state the reasons for any omission. The petition shall conclude with a prayer for the issuance of letters testamentary. FRIDAY, MARCH 8, 1985 2219 If all of the heirs at law are sui juris and acknowledge service of the petition and notice and shall in their acknowledgment assent thereto, and if there are no other proceedings pending in this state with respect to the probate of another purported will of the decedent, the will may be admitted to record on proper proof, and letters may thereupon issue without further delay. (c) If a will or codicil is self-proved, compliance with signature requirements and other requirements of execution is presumed for such instrument subject to rebuttal without the necessity of the testimony of any witness upon filing the will or codicil and the affidavit and certificate annexed or attached thereto. (d) Notice shall be served on propounders and beneficiaries under any other purported will of the testator with respect to which a petition to probate is pending in this state in the same manner as provided by law for service on heirs at law. (e) For purposes of any provision of this title relating to giving notice to beneficiaries under a purported or probated will, such notice shall be given to those of the following persons named or designated in the will whose identity and whereabouts may be determined by the petitioner in the exercise of reasonable diligence: (1) Each beneficiary who is designated in the will to receive a present interest or power, other than a mere trust beneficiary, and who in the case of an individual js sui juris; (2) The duly acting guardian of the property, if any, or, if none, the guardian of the person, if any, or, if none, the person having custody of each individual beneficiary with a present interest or power, other than a mere trust beneficiary, who is not sui juris; and (3) Each trustee. Notice shall not be required in the case of a person whose interest, even though vested, cannot be possessed until the passage of time or the happening of a contingency. The probate court may, on motion, modify the notice required in the case of numerous beneficiaries of the same or similar class where the value of each bequest is, or appears to be, nominal. (f) Upon motion, the court may determine whether the interest of any beneficiary required to be notified under subsection (e) of this Code section is adequately represented, and if such representation is found to be inadequate, the court may appoint a guardian ad litem to represent such beneficiary." Section 2. Said chapter is further amended by adding a new Article 3 to read as follows: "ARTICLE 3 53-3-60. (a) The probate court shall have original jurisdiction over any action to vacate, set aside, or amend its order admitting a will to probate which alleges: (1) That a later will is entitled to be admitted to probate; or (2) That a codicil to the probated will is entitled to be admitted to probate. (b) Any such action shall be combined with a petition to probate in solemn form the later will or codicil. The court shall consider the petition to probate together with the action to vacate, set aside, or modify; and the court shall grant relief as is appropriate with respect to each matter. 53-3-61. (a) The petition under Code Section 53-3-60 shall be verified by oath of the applicant and shall set forth the allegations on which the action is based and the name and address of the then acting executor or administrator with will annexed, if any, of the estate, or, if none, the beneficiaries of the previously probated will required to be served under subsection (e) of Code Section 53-3-13. The petition shall conclude with a prayer for the issuance of an order vacating, setting aside, or amending the earlier probate; the probate of the new will or codicil in solemn form; and the issuance of new letters testamentary. If the then acting executor or administrator, if any, or, if none, the beneficiaries under the previously probated will are sui juris and acknowledge service of the petition and shall, in their acknowledgement, assent thereto, the relief may thereupon issue without further delay. 2220 JOURNAL OF THE HOUSE, (b) The beneficiaries under the previously probated will shall be represented in such action by the then acting executor or administrator with will annexed, if any; and service of notice upon that administrator or executor in the same manner as provided by law for service on heirs at law under Code Section 53-3-14 shall be the equivalent of service upon such beneficiaries. (c) If there is no then acting executor or administrator with the will annexed, such petition shall be served upon the beneficiaries (as required to be served under subsection (e) of Code Section 53-3-13) of the previously probated will, in the same manner as upon heirs at law under Code Section 53-3-14, unless all such parties assent to the petition." Section 3. 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 substitute to HB 735. On the motion, the ayes were 113, nays 0. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same: HB 188. By: Representatives Bargeron of the 108th, Ross of the 82nd, Cox of the 141st, Godbee of the 110th, Moultrie of the 93rd, and others: A BILL to amend Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election districts and polling places, so as to provide that at a run-off primary in any county only a single polling place shall be open if the run-off primary is for the purpose of nominating candidates of only one political party and fewer than 1 percent of the county's registered voters voted at the primary of the political party; and for other purposes. Representative Bargeron of the 108th moved that the House insist on its position in disagreeing to the Senate amendment to HB 188 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 Bargeron of the 108th, Bray of the 91st, and Moultrie of the 93rd. 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 19. By: Senators Peevy of the 48th, Allgood of the 22nd, Dawkins of the 45th, and others: A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to comprehensively revise the provisions relating to the regulation and licensure of polygraph examiners; to create the State Board of Polygraph Examiners; and for other pur- poses. Representative Alford of the 57th moved that the House adhere to its position in substituting SB 19 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. FRIDAY, MARCH 8, 1985 2221 The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Alford of the 57th, Coleman of the 118th, and Groover of the 99th. 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 272. By: Senators Bryant of the 3rd and Reddish of the 6th: A BILL to amend an Act placing the Sheriff of Glynn County on an annual salary, so as to change the provisions relating to automobiles for the sheriffs office; and for other purposes. Representative Auten of the 156th moved that the House adhere to its position in amending SB 272 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 Auten of the 156th, Ramsey of the 155th, and Greene of the 130th. Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time: SB 131. By: Senators Dawkins of the 45th, Starr of the 44th, and Greene of the 26th: A BILL to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to fraudulent insurance claims, so as to define the offense of insurance fraud; to provide for certain procedural matters relative to the foregoing; to provide for penalties; and for other purposes. The following Committee substitute was read: A BILL To amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding the transaction of insurance, so as to define the offense of insurance fraud; to provide for certain procedural matters relative to the foregoing; to provide for penalties; to provide for jurisdiction of certain providers of health care benefits; to provide for authority and jurisdiction of the Insurance Department; to provide for proof of regulation by an insurance supervisory official of another state or the federal government; to provide for the examination of providers of health care benefits; to provide for the applicability of Title 33 with respect to providers of health care benefits; to provide for certain disclosures; to provide for applicability; to provide a definition; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding the transaction of insurance, is amended by striking Code Section 33-1-9, relating to fraudulent insurance claims, in its entirety and inserting in lieu thereof a new Code Section 33-1-9 to read as follows: 2222 JOURNAL OF THE HOUSE, Any popson wiio shflii Knowingly or williuiiy inflKGj or flicl tR trie ay fefee er fraudulent statement or represcrrtatiert ef ay material fact or thing any written ststewieirt OP certi*icfltet IOP the the purpose ol procuring OP &11emptin TO pro* sfeaH make any false ef fraudulent statement in any application for insurance, or as te the death or disability ef a policy er certificate heWet in any written statement er certif- shaH be guilty ef a misdcmeatterr 33-1-9. (a) Any natural person who knowingly or willfully: (1) Makes or aids in the making of any false or fraudulent statement or representation of any material fact or thing in any written statement or certificate, in the making of an application for a policy of insurance, in the receiving of such application, or in the receiving of money for such application, for the purpose of procuring or attempting to procure the payment of any false or fraudulent claim by an insurer; (2) Receives money for the purpose of purchasing insurance and converts such money to such person's own benefit; (3) Issues fake or counterfeit insurance policies, certificates of insurance, insurance identification cards, or insurance binders: or (4) Makes any false or fraudulent representation as to the death or disability of a policy or certificate holder in any written statement or certificate for the purpose of fraudulently obtaining money or benefit from an insurer commits the crime of insurance fraud. (b) In any prosecution under this Code section, the crime shall be considered as hav- ing been committed in the county of the purported loss, in the county in which the insurer or the insurer's agent received the fraudulent or false claim or application, in the county in which money was received for the fraudulent application, or in any county where any act in furtherance of the criminal scheme was committed. (c) (1) Except as provided in paragraph (2) of this subsection, a person convicted of a violation of subsection (a) of this Code section shall be guilty of a misdemeanor. (2) Where the claim, benefit, or money referred to in subsection (a) of this Code section exceeds an aggregate of $500.00, a person convicted of a violation of subsection (a) of this Code section shall be punished by imprisonment for not less than one nor more than five years, or by a fine of not more than $5,000.00, or both." Section 2. Said chapter is further amended by adding after Code Section 33-1-13, relating to the receiving of commissions by life or industrial life insurers, a new Code Section 33-1-14 to read as follows: "33-1-14. (a) Notwithstanding any other provision of law and except as provided in this Code section, any person, other than an authorized insurer, the state and its instrumentalities, or political subdivisions of the state and their instrumentalities, who provides coverage in this state for medical, surgical, chiropractic, physical therapy, optometry, speech pathology, podiatry, audiology, applied psychology, pharmaceutical, dental, or hospital services, whether such coverage is by direct payment, reimbursement, or otherwise, shall be presumed to be subject to the jurisdiction of the Insurance Department, unless the person shows that, while providing coverage for such services, such person is subject to the jurisdiction of an insurance supervisory official of another state or specifically subject to the exclusive jurisdiction of the federal government. (b) Any person may show that such person is subject to the jurisdiction of an insurance supervisory official of another state or specifically subject to the exclusive jurisdiction of the federal government by providing to the Commissioner the appropriate certificate, license, or document, issued by the insurance supervisory official of another state or specifically issued to such person by an appropriate official or agency of the federal government which permits such person to provide such coverages. (c) Any such person who is unable to show under subsection (b) of this Code section that such person is subject to the jurisdiction of an insurance supervisory official of another state or specifically subject to the exclusive jurisdiction of the federal government shall submit to an examination by the Commissioner to determine the organization FRIDAY, MARCH 8, 1985 2223 and solvency of the person and to determine whether or not such person complies with the applicable provisions of this title. (d) Any person unable to show under subsection (b) of this Code section that such person is subject to the jurisdiction of an insurance supervisory official of another state or specifically subject to the exclusive jurisdiction of the federal government shall be subject to all appropriate provisions of this title regarding the conduct of such person's business. (e) (1) Any production agency or administrator which advertises, sells, transacts, or administers the coverage in this state described in subsection (a) of this Code section and which is required to submit to an examination by the Commissioner under subsection (c) of this Code section shall, if said coverage is not fully insured or otherwise fully covered by an authorized insurer, advise every purchaser, prospective purchaser, and covered person of such lack of insurance or other coverage. (2) Any administrator which advertises or administers the coverage in this state described in subsection (a) of this Code section and which is required to submit to an examination by the Commissioner under subsection (c) of this Code section shall advise any production agency of the elements of the coverage, including the amount of 'stop-loss' insurance in effect. (f) As used in this Code section, the term 'authorized insurer' means any insurer authorized to sell accident and sickness policies, subscriber contracts, certificates, or agreements of any form under Chapter 15, 18, 19, 20, 21, 29, or 30 of this title." Section 3. Section 1 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without his approval. Section 2 of this Act shall become effective on July 1, 1985. Section 4. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Ware of the 77th moves to amend the committee substitute to SB 131 by striking in their entirety lines 6 through 16 of page 1 and inserting in lieu thereof the following: "penalties; to provide an effective date; to repeal conflicting laws; and for other purposes." By striking in their entirety lines 20 through 33 of page 3, lines 1 through 34 of page 4, and lines 1 through 27 of page 5 and inserting in lieu thereof the following: "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 Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the ayes were 110, nays 4. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. SB 252. By: Senator Cobb of the 28th: A BILL to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post- mortem examinations, so as to change the provisions relating to the duties 2224 JOURNAL OF THE HOUSE, of the coroner, medical examiner, etc., upon receipt of notice of suspicious or unusual death; to provide procedures for positive identification of dead bodies through dental examinations, under certain circumstances; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change the provisions relating to the qualifications of a coroner; to change the provisions relating to the bond required of a coroner; to change the provisions relating to fees of coroners; to change the designations of certain Code sections; to change the provisions relating to the duties of the coroner, medical examiner, and peace officer at the scene of a death; to provide procedures for positive identification of dead bodies through dental examinations, under certain circumstances; to provide for the filing of such dental examinations; to change the provisions relating to persons who may act in absence of coroner and perform the duties of a coroner; to change the provisions relating to the removal of a dead body; to change the provisions relating to the removal of a dead body across a state line; to change the provisions relating to the authorization of removal of a dead body for convenience of examination; to change the provisions relating to the report of examination and investigation; to repeal a specific bill; 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 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, is amended by striking in its entirety Code Section 45-16-1, relating to the election, commission, and removal of coroners, and inserting in lieu thereof a new Code Section 45-16-1 to read as follows: "45-16-1. (a) Coroners are elected, commissioned, qualified, and removed as clerks of the superior courts are; and coroners shall hold their offices for four years. (b) (1) No person shall be eligible to offer for election to or hold the office of coroner unless he: (A) Is a citizen of the United States; (B) Is a resident of the county in which he seeks the office of coroner for at least two years prior to his qualifying for the election to the office; (C) Is a registered voter; (D) Has attained the age of 25 years prior to the date of qualifying for election to the office. This subparagraph shall not apply to any person serving as a coroner on July 1, 1980; (E) Has obtained a high school diploma or its recognized equivalent. This subparagraph shall not apply to any person serving as a coroner on July 1^ 1980; and (F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States. (2) Each person offering his candidacy for the office of coroner shall file an affidavit with the judge of the probate court or county board of elections prior to or at the time for qualifying, which affidavit shall affirm that he meets all of the qualifications required pursuant to paragraph (1) of this subsection." Section 2. Said chapter is further amended by striking in its entirety Code Section 45-16-4, relating to the bond required of a coroner, and inserting in lieu thereof a new Code Section 45-16-4 to read as follows: "45-16-4. A coroner shall give bond and surety in the sum of $660=69 $12,500.00 at the same time as he takes the oath provided for in Code Section 45-16-3. He is liable for retaining moneys collected or for otherwise failing to do his duty as sheriffs are and is subject to the same proceedings." FRIDAY, MARCH 8, 1985 2225 Section 3. Said chapter is further amended by striking in their entirety Code Sections 45-16-6 through 45-16-9, which read as follows: "45-16-6. (a) Coroners' fees shall be as follows: (1) For summoning an inquest on a dead body and returning an inquisition .........................................................................................................$ 50.00 (2) For furnishing coffin and burial expenses...........................................................15.00 (b) When performing the duties of a sheriff, the coroner's fees are the same as a sheriffs. No coroner shall receive out of the county treasury more than $1,500.00 per annum either as fees for holding inquests or for burying dead bodies. (c) This Code section shall not be construed to repeal or preempt any local Act or general Act of local application which places any coroner upon an annual salary or authorizes any coroner to receive fees in excess of those specified in this Code section. 45-16-7. As soon as practicable after July 1, 1980, and at the beginning of each term of the coroner thereafter, the coroner of each county shall appoint a deputy coroner or coroners as provided in this Code section. A deputy coroner shall be appointed for each county, and one or more additional deputy coroners may be appointed for any county, in the discretion of the coroner. Each deputy coroner shall serve at the pleasure of the coroner and may be replaced by the coroner at any time. Each deputy coroner shall take the same oath, give the same bond, be entitled to the same fees, and have the same powers as the coroner; but a deputy coroner shall act as coroner only when the coroner is himself unable to act. 45-16-8. (a) No person shall be eligible to hold the office of coroner or deputy coroner unless he or she holds a high school diploma or its recognized equivalent. Any coroner who is in office on July 1, 1980, however, shall without limitation be eligible to serve as coroner or deputy coroner at any time after said date without regard to whether he or she meets the requirements of this subsection. (b) During every calendar year they are in office, every coroner and deputy coroner shall be required, as a condition of continuing to serve as coroner, to take the training course of at least 16 hours provided by the Georgia Police Academy. In the event, however, that a coroner or deputy is prevented in any calendar year from taking such training by sickness or other providential cause, the requirement of training for that year may be waived by the judge of the probate court. 45-16-9. If any person makes an affidavit stating (1) that a sheriff is disqualified from acting in any proceeding, which disqualification was not apparent at the outset of the proceeding, or (2) that a sheriff or his deputy refuses to serve a writ or other process, then the clerk of the court from which the process issues shall place the process in the hands of the coroner for execution. The clerk may compel the sheriff to return the writ or other process to the clerk's office in order to allow for execution by the coroner.", and inserting in lieu thereof new Code Sections 45-16-6 through 45-16-9 to read as follows: "45-16-6. During every calendar year they are in office, every coroner and deputy coroner shall be required, as a condition of continuing to serve as coroner, to take the training course of at least 16 hours provided by the Georgia Police Academy. In the event, however, that a coroner or deputy is prevented in any calendar year from taking such training by sickness or other providential cause, the requirement of training for that year may be waived by the judge of the probate court. 45-16-7. (a) As soon as practicable after July 1, 1980, and at the beginning of each term of the coroner thereafter, the coroner of each county shall appoint a deputy coroner or coroners as provided in this Code section. A deputy coroner shall be appointed for each county, and one or more additional deputy coroners may be appointed for any county, in the discretion of the coroner. Each deputy coroner shall serve at the pleasure of the coroner and may be replaced by the coroner at any time. Each deputy coroner shall take the same oath, give the same bond, be entitled to the same fees, and have the same powers as the coroner; but a deputy coroner shall act as coroner only when the coroner is himself unable to act. (b) No person shall be eligible to hold the office of deputy coroner unless he or she holds a high school diploma or its recognized equivalent. Any deputy coroner who is in 2226 JOURNAL OF THE HOUSE, office on July 1, 1980, however, shall without limitation be eligible to serve as deputy coroner at any time after said date without regard to whether he or she meets the requirements of this subsection. 45-16-8. If any person makes an affidavit stating (1) that a sheriff is disqualified from acting in any proceeding, which disqualification was not apparent at the outset of the proceeding, or (2) that a sheriff or his deputy refuses to serve a writ or other process, then the clerk of the court from which the process issues shall place the process in the hands of the coroner for execution. The clerk may compel the sheriff to return the writ or other process to the clerk's office in order to allow for execution by the coroner. 45-16-9. (a) When performing the duties of a sheriff, the coroner's fees are the same as a sheriffs. (b) This Code section shall not be construed to repeal or preempt any local Act or general Act of local application which places any coroner upon an annual salary or authorizes any coroner to receive fees in excess of those specified in this Code section." Section 4. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 45-16-22, relating to the authority and power of the Division of Forensic Sciences of the Georgia Bureau of Investigation generally, and inserting in lieu thereof a new subsection (e) to read as follows: "(e) For each post-mortem examination so performed, in cases where dissection of the body is not required, the medical examiner shall receive a fee of $60.00 $75.00; and, in cases where dissection of the body is required, he shall receive a fee of $176.00 $250.00 for a partial post-mortem examination and autopsy and a fee of $260.00 $350.00 for a complete post-mortem examination and autopsy. The fee in each case is to be paid from funds of the county in which the act was committed; or, if the county in which the act was committed is unknown, the fee shall be paid from funds of the county in which the body was found. In the event the place in which the act was committed is not known but is later established, the county in which the act was committed shall be responsible for payment of fees incurred by the medical examiner." Section 5. Said chapter is further amended by striking Code Section 45-16-25 in its entirety and inserting in lieu thereof a new Code Section 45-16-25 to read as follows: "45-16-25. (a) Upon receipt of the notice required by Code Section 45-16-24, the coroner shall immediately take charge of the dead body and it shall be his duty to summon a medical examiner and proper peace officer. They When present at the scene of death, the peace officer shall have jurisdiction over the scene of death. They shall together make inquiries regarding the cause2 and manner^ and circumstances of death. If either the peace officer or medical examiner is not present at the scene of death, then whichever of the two officers is present shall have jurisdiction over the scene of death. If neither the peace officer nor the medical examiner is present at the scene of death, the coroner shall assume the responsibility of such officers at the scene of death. ad th The medical examiner shall perform a post-mortem examination or autopsy, reducing his findings to writing and filing them with the director of the division upon report forms to be furnished by said director. The medical examiner, at any time when he deems it necessary, may have the body embalmed for preservation prior to release of the body to the next of kin. Such expense of embalming shall be paid in the manner provided in Code Section 45-16-44 for payment of burial expenses. (b) When positive identification of dead bodies has not been established conclusively through personal visual examination of the remains by persons well acquainted with the decedent in life or by comparison of fingerprints or footprints or by identification of unique physical characteristics, such as prosthetic appliances, or by comparison of skeletal X-rays, including previous fractures, or by amputations, the medical examiner must either chart or X-ray the decedent's dentition or call upon a licensed dentist of his choosing to carry out a dental examination of the body. This may be accomplished either by examination in situ or by removal of the jaws with teeth to the dentist's office. The dentist shall chart the deceased dentition and make two copies, one of which shall be filed with the autopsy report to the division and the other with the Georgia Crime Information Center of the Georgia Bureau of Investigation. The dentist may, at his FRIDAY, MARCH 8, 1985 2227 discretion, make such X-rays of the mouth as he deems necessary. The dentist is entitled to a fee of $50.00 for charting the dentition at the morgue or scene, $25.00 for charting the dentition at his office, and $25.00 for X-rays. These fees shall be paid by the county of coroner's or medical examiner's jurisdiction. \c) i ne peace oiticcr m cfiarge present at sucn investigation or, tf no oilicer is present, the coroner shall, in the absence of the next of kin of the deceased person, take possession of all property of value found on such person, make an exact inventory thereof on his report, and surrender the same to the person entitled to its custody or possession. The coroner, medical examiner, or peace officer shall take possession of any objects or articles which, in his opinion, may be helpful in establishing the cause of death; and in cooperation with the division he may make such tests and examinations of said objects as may be necessary or useful in determining the cause of death. In the event that a criminal prosecution arises, all such objects and articles together with reports of any examinations made upon them shall be retained in the custody of the director of the division until their production as evidence is required by the prosecuting officer or upon written order of the peace officer in charge or court having proper jurisdiction." Section 6. Said chapter is further amended by striking Code Section 45-16-26 in its entirety and inserting in lieu thereof a new Code Section 45-16-26 to read as follows: "45-16-26. When there is no coroner or deputy coroner in a county or when he is both are absent from the county when needed or will not or cannot perform the duties recjuired under tftis STLICIG, the deputy coroner 01&y ftct fts coroner of trie judge of tfte probate eoart of the county may designate someone to act as coroner the medical examiner shall assume the duties and responsibilities of the coroner, fe counties having a coroner wtth a full-time assistant or assistants paM out of county funds, any auch assistant desi^nsted TO set fts coroner under tnis v^ooe section ftnd wnen so des shaft receive compensation for acting in saeh capacity. When the medical examiner is performing the duties of the coroner in such cases, such medical examiner may sign the death certificate except when an inquest is held." Section 7. Said chapter is further amended by striking in its entirety Code Section 45-16-29, relating to the removal of a dead body generally, and inserting in lieu thereof a new Code Section 45-16-29 to read as follows: "45-16-29. No person shall move or authorize the removal of any body from the place where the same is found until the investigation is completed and such removal is authorized by the peace officer, coroner^ or medical examiner in ehatge present at such investigation; OTj if no coroner is present, the peace officer shall authorize such removal." Section 8. Said chapter is further amended by striking in its entirety Code Section 45-16-30, relating to the transport of a dead body across a state line, and inserting in lieu thereof a new Code Section 45-16-30 to read as follows: "45-16-30. No person shall move or transport a body across a Georgia state line until the investigation of the case and the post-mortem examination or autopsy by the medical examiner are complete and until the removal of the body is authorized by the peace officer or coroner in charge. Any person who violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500.00 or more than $1,000.00 or 60 days in jail, or both." Section 9. Said chapter is further amended by striking in its entirety Code Section 45-16-31, relating to the authorization of removal of a dead body for convenience of examination, and inserting in lieu thereof a new Code Section 45-16-31 to read as follows: "45-16-31. When the deceased body lies in a place inconvenient for holding a postmortem examination or autopsy, the medical examiner or peace officer in charge coroner shall be allowed to remove the body to the autopsy room of the nearest public hospital or morgue within th county. If neither the medical examiner coroner nor the peace officer in charge medical examiner is immediately available, the coroner peace officer may assume the authority to have the body moved to such facility. When such facility is not reasonably available, the body may be removed to such other suitable place as may be 2228 JOURNAL OF THE HOUSE, designated by the medical examiner coroner or the peace officer in charge or by the coroner the absence ef- the medical examiner or peace officer charge medical examiner or by the peace officer in charge in the absence of the coroner or medical examiner. If the peace officer in charge is present, no such body shall be removed until photographs of the body and surrounding premises have been madey and a thorough investigation of the premises has been made by the proper investigating authorities^ ad the peace effieer icauiftg SUCH investigation and medical examiner* nave given tncir authorization tor stieh removal." Section 10. Said chapter is further amended by striking in its entirety Code Section 45-16-32, relating to report of examination and investigation, and inserting in lieu thereof a new Code Section 45-16-32 to read as follows: "45-16-32. The medical examiners and peace officers in charge shall file in triplicate a report of each post-mortem examination or autopsy and each investigation with the director of the division, who shall assign to the reports an appropriate division file number and return one copy of the post-mortem examination or autopsy report to the medical examiner, return one copy of the investigation report to the peace officer in charge, and forward one copy each of the post-mortem examination or autopsy report and the investigation report to the coroner. The coroner shall maintain permanent records of such reports. The coroner may file all original reports with the clerk of the superior court of the county. In cases where such report indicates a suspicion of foul play, the medical examiner and peace officer in charge shall transmit with their reports any specimens, samples, or other evidence to the division for verification. In cases where reports indicating foul play are verified by the division, the director of the division shall cause additional copies of such verified report to be made and transmitted to the appropriate prosecuting attorney where the acts or events leading to the death occurred. For each investigation made and report filed pursuant to this Code section by a peace officer in charge compensated wholly by fees, the county upon which the expense of a postmortem examination or autopsy is imposed by this article shall pay to such officer a fee of $10.00. If the peace officer in in charge is compensated by a fixed salary or a parttime salary, no such fee shall be imposed upon the county." Section 11. This Act shall specifically repeal in its entirety HB 255 which passed the 1985 session of the General Assembly. Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 13. All laws and parts of laws in conflict with this Act are 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 97, nays 7. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 140. By: Senators McKenzie of the 14th and Turner of the 8th: A BILL to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, the "Disposition of Unclaimed Property Act," so as to eliminate the seven-year period of time within which claims for abandoned property delivered to the state must be filed; to provide that the state revenue commissioner may destroy records relating to such property after a period of 20 years; and for other purposes. The following Committee substitute was read and adopted: FRIDAY, MARCH 8, 1985 2229 A BILL To amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, the "Disposition of Unclaimed Property Act," so as to eliminate the seven-year period of time within which claims for abandoned property delivered to the state must be filed; to provide that the state revenue commissioner may destroy records relating to such property after a period of seven years; to provide that any claim filed after such seven-year period must be substantiated by the claimant independently of such records; to reduce the period of time after which certain assets shall be deemed abandoned and delivered to the state revenue commissioner from 15 years to seven years; to provide for all matters related 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 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, the "Disposition of Unclaimed Property Act," is amended by striking Code Section 44-12-211, relating to claims for property delivered to the state revenue commissioner, and inserting in its place a new Code section to read as follows: "44-12-211. Any person claiming an interest in any property delivered to the state under this article may file a claim to the property or to the proceeds from the sale of the property on the form prescribed by the state revenue commissioner; within seven ycflps irom tnc u&tc of cscAc&uuciit of tftc ppopcrty to tftc suite FCVCHUG CODMUissioncr. The state revenue commissioner may, after seven years following the receipt of property, destroy such records related to the property as deemed necessary: and after said sevenyear period any claim relating to such property must be fully substantiated by a claimant, without recourse to such records." Section 2. Said article is further amended by striking Code Section 44-12-193, relating to presumption of abandonment of property held by banking or financial organizations; Code Section 44-12-194, relating to presumption of abandonment of property held by insurance corporations; Code Section 44-12-195, relating to presumption of abandonment of property held by utilities; Code Section 44-12-197, relating to presumption of abandonment of intangible personal property distributable in the course of voluntary dissolutions; Code Section 44-12-198, relating to presumption of abandonment of property held by fiduciaries; Code Section 44-12-199, relating to presumption of abandonment and disposition of property held by public officers and agencies; and Code Section 44-12-200, relating to presumption of abandonment of intangible personal property not otherwise provided for; and said article is further amended by inserting in the respective places of the foregoing new Code sections to read as follows: "44-12-193. The following property held or owing by a banking or financial organization is presumed abandoned: (1) Any demand, savings, or matured time deposit made in this state with a banking organization, together with any interest or dividend thereon, excluding any charges that may lawfully be withheld unless the owner has within 16 seven years: (A) Increased or decreased the amount of the deposit or presented the passbook or other similar evidence of the deposit for the crediting of interest; (B) Corresponded in writing with the banking organization concerning the deposit; or (C) Otherwise indicated an interest in the deposit as evidenced by a memorandum on file with the banking organization; (2) Any funds paid in this state toward the purchase of shares or other interest in a financial organization or any deposit made therewith in this state and interest or dividends thereon, excluding any charges that may lawfully be withheld unless the owner has within 6 seven years: (A) Increased or decreased the amount of the funds or deposit or presented an appropriate record for the crediting of interest or dividends; (B) Corresponded in writing with the financial organization concerning the funds or deposit; or 2230 JOURNAL OF THE HOUSE, (C) Otherwise indicated an interest in the funds or deposit as evidenced by a. memorandum on file with the financial organization; (3) Any sum payable on checks certified in this state or on written instruments issued in this statej other than traveler's checks, on which a banking or financial organization is directly liable, including, by way of illustration but not of limitation, certificates of deposit; and draftsy and traveler's checks, that has have been outstanding for more than 16 seven years from the date it was payable or from the date of its issuance if payable on demand unless the owner has within 16 seven years corresponded in writing with the banking or financial organization concerning it or has otherwise indicated an interest as evidenced by a memorandum on file with the banking or financial organization; and (4) Any funds or other personal property, tangible or intangible, removed from a safe deposit box or any other safekeeping repository or agency or collateral deposit box in this state on which the lease or rental period has expired due to the nonpayment of rental charges or other reason or any surplus amounts arising from the sale thereof pursuant to law that have been unclaimed by the owner for more than 16 seven years from the date on which the lease or rental period expired. 44-12-194. (a) (1) 'Unclaimed funds,' as used in this subsection, means all moneys held and owing by any life insurance corporation which are unclaimed and unpaid for more than 16 seven years after they became due and payable, as established from the records of the corporation, under any life or endowment insurance policy or annuity contract which has matured or terminated. A life insurance policy not matured by actual proof of the death of the insured is deemed to be matured and the proceeds thereof are deemed to be due and payable if such policy was in force when the insured attained the limiting age under the mortality table on which the reserve is based unless the person appearing entitled thereto has within the preceding 16 seven years: (A) Assigned, readjusted, or paid premiums on the policy or subjected the policy to a loan; or (B) Corresponded in writing with the life insurance corporation concerning the policy. (2) Unclaimed funds, as defined in paragraph (1) of this subsection, held and owing by a life insurance corporation shall be presumed abandoned if the last known address, according to the records of the corporation, of the person entitled to the funds is in this state. If a person other than the insured or annuitant is entitled to the funds and no address of such person is known to the corporation or if it is not definite and certain from the records of the corporation what person is entitled to the funds, it is presumed that the last known address of the person entitled to the funds is the same as the last known address of the insured or annuitant according to the records of the corporation. (b) (1) 'Unclaimed funds,' as used in this subsection, means all moneys held and owing by any fire, casualty, or surety insurance corporation which are unclaimed and unpaid for more than 16 seven years after they become due and payable, as established from the records of the corporation, either to an insured, a principal, or a claimant under any fire, casualty, or surety insurance policy or contract. (2) Unclaimed funds, as defined in paragraph (1) of this subsection, held and owing by a fire, casualty, or surety insurance corporation shall be presumed abandoned if the last known address, according to the records of the corporation, of the person entitled to the funds is in this state. If a person other than the insured, the principal, or the claimant is entitled to the funds and no address of such person is known to the corporation or if it is not definite and certain from the records of the corporation what person is entitled to the funds, it is presumed that the last known address of the person entitled to the funds is the same as the last known address of the insured, the principal, or the claimant according to the records of the corporation. (c) Moneys otherwise payable according to the records of the corporation are deemed due and payable even if the policy or contract has not been surrendered as required. 44-12-195. The following funds held or owing by any utility are presumed abandoned: FRIDAY, MARCH 8, 1985 2231 (1) Any deposit made by a subscriber with a utility to secure payment for or any sum paid in advance for utility services to be furnished in this state, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than 16 seven years after the termination of the services for which the deposit or advance payment was made; and (2) Any sum which a utility has been ordered to refund and which was received for utility services rendered in this state, together with any interest thereon, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than 16 seven years after the date it became payable in accordance with the final determination or order providing for the refund unless the regulatory body having jurisdiction over the utility has provided by order for a different disposition of such unclaimed funds." "44-12-197. All intangible personal property which is distributable in the course of a voluntary dissolution of a business association, banking organization, or financial organization organized under the laws of this state or created in this state is presumed abandoned if it is neither claimed by the owner within 16 seven years after the date for final distribution nor deposited with the director of the Fiscal Division of the Department of Administrative Services pursuant to the applicable provisions of Chapter 2 or 3 of Title 14. 44-12-198. All intangible personal property and any income or increment thereon held in a fiduciary capacity for the benefit of another person by one of the following: (1) A banking organization, a financial organization, or a business association organized under the laws of or created in this state; (2) A business association which does business in this state but is not organized under the laws of this state or created in this state and the records of the business association indicate that the last known address of the person entitled thereto is in the state; or (3) Any other person if the property is held in this state, is presumed abandoned unless the owner within 16 seven years after it becomes payable or distributable has increased or decreased the principal, accepted payment of the principal or income, corresponded in writing concerning the property, or otherwise indicated an interest as evidenced by a memorandum on file with the fiduciary. 44-12-199. (a) Except as provided in subsection (b) of this Code section, all intan- gible personal property held for the owner by any court, public corporation, public authority, or public officer of the state or a political subdivision thereof is presumed abandoned if it has remained unclaimed by the owner for more than 16 seven years. (b) All intangible personal property, including, but not limited to, funds or moneys in patient or inmate trust accounts or other accounts, held for or on behalf of an owner who had been a resident, patient, or inmate in any institution or facility operated by the Department of Human Resources or the Department of Offender Rehabilitation, which property has remained unclaimed by the owner or guardian of the owner for more than five years, is presumed abandoned. (c) Any inmate or other person in the custody of the Department of Offender Rehabilitation who escapes, is discharged or paroled, or who dies while in the custody of the Department of Offender Rehabilitation shall be deemed to have abandoned all tangible personal property in the custody of the Department of Offender Rehabilitation which has been held by said department for a period of one year and no valid claim in writing has been made to said department by the owner or the owner's heirs. Such property shall be disposed of by public sale in such manner as the commissioner of the Depart- ment of Offender Rehabilitation shall direct with the proceeds of such sale being deposited in the state treasury. Moreover, the commissioner of the Department of Offender Rehabilitation shall have sole authority over said property, and the disposition of said property shall be exempt from all requirements of this article. 44-12-200. (a) All intangible personal property not otherwise covered by this article except traveler's checks, including any income or increment thereon and deducting any lawful charges, is presumed abandoned if it is held or owing in this state in the ordinary course of the holder's business and has remained unclaimed by the owner for more than 16 seven years after it became payable or distributable. 2232 JOURNAL OP THE HOUSE, (b) Any sum payable on traveler's checks issued in this state for which any person or entity is directly liable and which have been outstanding for more than 15 years from the date of issuance is presumed abandoned unless the owner has within 15 years corresponded in writing with the person or entity liable on the traveler's check concerning the traveler's check or has otherwise indicated an interest as evidenced by a memorandum on file with the person or entity liable on the traveler's check; and with respect to traveler's checks this subparagraph shall control over any other provisions of this article relating to particular types of entities." Section 3. This Act shall apply to reports required to be filed by May 1, 1986, or by November 1, 1986, or thereafter, 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: Aaron Y Adams.G Y Adams,M Aiken Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Autn Y Bailey Balkcom Y Bannister Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Brown.G Y Brown,J Buck Y Burruss Byrd Y Carter Chambless Chance Cheeks Y Childers Childs Clark,B Y Clark,L Y Colbert Coleman Y Colwell Y Connell Y Cooper Y Copeian Couch YCoi Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Diion YDobbs Y Dover Dunn Y Edwards Y Evans Felton Foster Galer God bee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Jackson.N Y Jamieson Y Johnson.D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane,D Y Lane.R Lawler Y Lawrence Y Lawson YLee,C YLee.W Y Linder YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews McDonald Y McKelvey McKinney YMilam Y Milford Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Redding Y Richardson Robinson.C Y Robinson.P Ross Y Royal Y Russell Selman Shepard Y Sherrod Sinkfield Sizemore Y Smith,L Y Smith,P Smith.T Smyre Y Stancil Steinberg Thomas.C Y Thomas,M Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L YWall Y Ware Watson Y Watts White Y Wilder Y WiUiams,B Y Williams,J Y Williams,R Y Wilson Y Wood Workman Y Yeargin Young Murphy,Spkr On the passage of the Bill, by substitute, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 170. By: Representatives Kilgore of the 42nd, Wilson of the 20th, Williams of the 6th, Burruss of the 20th, Birdsong of the 104th, and Coleman of the FRIDAY, MARCH 8, 1985 2233 118th: A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to authorize the imposition of a special county 1 percent sales and use tax; to provide that the imposition of any such tax must be approved by the voters of the county; to provide that general obligation debt may be issued in conjunction with the imposition of the tax; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to imposition of a special purpose county sales and use tax, so as to provide that the proceeds of the tax may be used for hospital purposes; to remove provisions relating to use of the tax for hospital services or indigent patient care; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to imposition of a special purpose county sales and use tax, is amended by striking subparagraph (a) (1) (B) and inserting in its place a new subparagraph (a) (1) (B) to read as follows: "(B) A capital outlay project of the county which is for the use of or the benefit of the citizens of the entire county and which consists of a county courthouse; county administrative buildings; a civic center; a hospital; a county jail, hospital services r indiget patient eater correctional institution, or other detention facility; a county library; or a coliseum;". 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. Representative Burruss of the 20th moved that the House agree to the Senate substitute to HB 170. On the motion, the ayes were 99, nays 5. The motion prevailed. Representative Shepard of the 71st stated that he wished to be recorded as voting "nay" on HB 170 on March 8, 1985, and the following explanation placed in the Journal: "I opposed this Bill originally due to the lack of inclusion of provisions for educational facility financing and because the Bill was entirely too broad. I voted "nay" on March 8, 1985 because during the same session the Bill was passed by both Houses, signed by the Governor, then brought back to us to amend after being signed into law. This process circumvents the committee process and is a bad precedent." /s/ Neal Shepard 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 following Bills of the House: 2234 JOURNAL OF THE HOUSE, HB 841. By: Representatives Wall of the 61st, Martin of the 60th, Bannister of the 62nd, Barnett of the 59th, and Goodwin of the 63rd: A BILL to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of homesteads of residents of the Gwinnett County School District who are 65 years of age or over; and for other purposes. HB 878. By: Representatives Davis of the 45th, Williams of the 48th, Morton of the 47th, Robinson of the 58th, Lawrence of the 49th, and others: A BILL to make provisions for the Magistrate Court of DeKalb County; to provide for the selection, qualifications, disqualifications, number, vacancies, and compensation of the chief magistrate and magistrates; to provide that certain minimum compensation laws shall not apply to magistrates of such court; and for other purposes. HB 1035. By: Representatives Walker of the 85th, Ransom of the 90th, Padgett of the 86th, and Cheeks of the 89th: A BILL to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials; and for other purposes. The Senate has agreed to House amendment #1 and disagreed to House amendment #2 to the following Bill of the Senate: SB 62. By: Senator Broun of the 46th: A BILL to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the definition of the term "lottery"; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House: HB 227. By: Representatives Johnson of the 72nd, Steinberg of the 46th, and Lawler of the 20th: A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide procedures and requirements relative to the adoption of rules and regulations by boards of trustees of state retirement or pension system; and for other purposes. The following Resolution of the House was read and adopted: HR 418. By: Representatives Thomas of the 69th, Lee of the 70th, and Shepard of the 71st: A RESOLUTION commending Horrie B. Duncan; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: SB 16. By: Senators Barnes of the 33rd, Howard of the 42nd, and Phillips of the 9th: A BILL to amend Code Section 51-2-7 of the Official Code of Georgia Annotated, relating to liability for injuries caused by animals, so as to change the conditions under which owners and keepers of animals are liable for injuries caused by their animals; and for other purposes. The following Committee substitute was read: A BILL To amend Code Section 51-2-7 of the Official Code of Georgia Annotated, relating to liability for injuries caused by animals, so as to change the conditions under which owners FRIDAY, MARCH 8, 1985 2235 and keepers of animals may be liable for injuries caused by their animals; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 51-2-7 of the Official Code of Georgia Annotated, relating to liability for injuries caused by animals, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 51-2-7 to read as follows: "51-2-7. A person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act sfeaH may be liable in damages to the person so injured. In proving vicious propensity, it shall be sufficient to show that the animal was required to be at heel or on a leash by an ordinance of a city, county, or consolidated government, and the said animal was at the time of the occurrence not at heel or on a leash." Section 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Smith of the 152nd moves to amend the Committee substitute to SB 16 as follows: By adding at the end of line 23 the following: "The foregoing sentence shall not apply to domesticated fowl including roosters with spurs". On the adoption of the amendment, the ayes were 64, nays 52. The amendment was adopted. The following amendment was read and adopted: Representative Yeargin of the 14th moves to amend the Committee substitute to SB 16 as follows: By adding at the end of line 23 the following: "The foregoing sentence shall not apply to domesticated livestock". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G YAdams.M Y Aiken NAlford Y Alien N Anderson YArgo NAthon Y Atkins YAuten Y Bailey NBalkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M Y Beck Y Benefield Benn Y Birdsong Bishop Y Bolster NBostick Y Branch N Bray Y Brooks N Brown.G Y Brown,J Y Buck Y Burruss N Byrd Y Carter Y Chambless N Chance N Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Y Colbert Y Coleman N Colwell Y Connell Cooper Y Copelan Couch Y Co* Y Crawford Y Crosby N Cummings Y Daugherty Y Davis Dean Y Diion Dobbs Y Dover N Dunn Y Edwards Y Evans Y Pelton N Foster Y Galer N Godbee Y Goodwin N Greene Y Greer Y Groover Y Hamilton N Hanner Y Hasty Y Hays Y Heard Y Hill Y Holcomb 2236 JOURNAL OF THE HOUSE, Y Holmes Y Hooks Home Y Hudson Ylsakson Y Jackson.J Y Jackson.N N Jamieson Johnson.D Y Johnson,F Y Johnson,R Y Johmon,S Y Kilgore N Kingston YLane,D NLane,R Y Lawler Y Lawrence Y Lawson YLee,C YLee.W Y Linder YLogan NLong NLord Y Lucas Y Lupton Y Maddoi N Mangum Y Martin,C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney YMilam N Milford N Moody Y Moore YMorton Mostiler N Moultrie Y Mueller N Oliver.C 01iver,D Y Padgett Y Pannell YParham NParrish N Patten Y Peters Y Pettit Y Phillips Pinkston Porter NRainey YRamsey.T YRamaey.V YRandall Y Ransom YRay N Reaves Y Redding Y Richardson Y Robinson,C Y Robinson,P Rosa Y Royal Y Russell Selman N Shepard N Sherrod Y Sinkfield N Sizemore N Smith.L Y Smith,P Y Smith,T Y Smyre YStancil Y Steinberg Y Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplett NTwiggs Y Waddle N Waldrep Walker.C Y Walker.L YWall Ware Y Watson Watts Y White Y Wilder Y Williams.B Y WUliams,J N Williams.R Y Wilson Y Wood Y Workman YYeargin Young Murphy.Spkr On the passage of the Bill, by substitute, as amended, the ayes were 122, nays 38. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 583. By: Representatives Childs of the 53rd, Williams of the 54th, Redding of the 50th, Richardson of the 52nd, Steinberg of the 46th, and others: A BILL to amend 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, so as to provide that a municipality having an independent school system shall be authorized through its governing authority to allow the sale of alcoholic beverages for consumption on the premises during a certain period of time after 11:55 P.M. on Saturdays and in certain eating establishments during a certain period of time on Sundays; and for other purposes. Representative Childs of the 53rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 583 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 Aaron of the 56th, Childs of the 53rd, and Dixon of the 151st. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 841. By: Representatives Wall of the 61st, Martin of the 60th, Bannister of the 62nd, Barnett of the 59th, and Goodwin of the 63rd: A BILL to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of homesteads of residents of the Gwinnett County School District who are 65 years of age or over; and for other purposes. FRIDAY, MARCH 8, 1985 2237 The following Senate substitute was read: A BILL To provide an exemption from Gwinnett County School District ad valorem taxes for the full value of homesteads of residents of the Gwinnett County School District who are 65 years of age or over; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) Each resident of the Gwinnett County School District who is 65 years of age or over and who meets the requirements of subsection (b) of this section is granted an exemption from all Gwinnett County School District ad valorem taxes, including but not limited to taxes to retire school bond indebtedness, for the full value of that resident's homestead, as defined and qualified in Code Section 48-5-40 of the O.C.G.A., except that land which is included in that homestead and which exceeds one acre shall not have the value thereof exempt under this Act. (b) The exemption provided by this Act shall not be granted unless the resident has owned and resided on that homestead for at least the immediately preceding 24 months and unless the resident's net income, together with the net income of that resident's spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as provided otherwise in this section, does not exceed $25,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this Act, net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and that individual's spouse under the federal Social Security Act and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this Act. Section 2. The exemption granted by this Act shall not apply to or affect any county taxes for county purposes, state taxes, or municipal taxes. Section 3. The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Gwinnett County School District ad valorem taxes. Section 4. The exemption granted by this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. Any person who, as of January 1, 1987, has applied for and is eligible for the exemption provided persons 65 years of age or over pursuant to Code Section 48-5-47 of the O.C.G.A. or pursuant to a constitutional amendment providing homestead exemptions from Gwinnett County ad valorem taxes (Ga. L. 1981, p. 1921) shall be eligible for the exemption granted by this Act without further application if that person has applied for and been eligible for the immediately preceding two years for either such exemption on the homestead for which an exemption may be granted by this Act. Section 5. The tax commissioner of Gwinnett County shall provide application forms for the exemption granted by this Act and shall require with the initial application an affidavit by the owner as to the age and income of the owner, the income of the owner's spouse who resides at the homestead, and such other information as may be necessary to determine the eligibility of the owner for the exemption. Section 6. The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1986. Section 7. The exemption granted by this Act shall be administered and granted in the same manner as the exemption granted pursuant to Code Section 48-5-52, and unless 2238 JOURNAL OF THE HOUSE, otherwise expressly provided in this Act, all provisions of general law which apply to that exemption shall apply to the exemption granted by this Act. Section 8. Not less than 30 nor more than 60 days prior to the date of the general election in 1986, it shall be the duty of the election superintendent of Gwinnett County to issue the call for an election for the purpose of submitting this Act to the electors of the Gwinnett County School District for approval or rejection. The superintendent shall set the date of such election for the date of the general election in 1986. 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 Gwinnett County. The ballot shall have written or printed thereon the following: "( ) YES Shall the Act providing an exemption from Gwinnett County School District ad valorem taxes for the full value of homesteads of residents of ( ) NO that district who are 65 years of age or over 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, Sections 1 through 7 shall become of full force and effect; otherwise they shall be void and of no force and effect. The expense of such election shall be borne by Gwinnett County. It shall be the duty of the superintendent to hold and conduct such election. It shall be the superintendent's further duty to certify the result thereof to the Secretary of State. Section 9. All laws and parts of laws in conflict with this Act are repealed. Representative Wall of the 61st moved that the House agree to the Senate substitute to HB 841. 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, as amended, by the requisite constitutional majority the following Bill of the House: HB 695. By: Representatives Ware of the 77th, Wood of the 9th, Bargeron of the 108th, and Greer of the 39th: A BILL to amend Chapter 36 of Title 33 of the Official Code of Georgia Annotated, relating to the insurers insolvency pool, so as to provide for the supervision of the pool by the Insurance Commissioner; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House: HB 484. By: Representatives Childers of the 15th, Chambless of the 133rd, and Hooks of the 116th: A BILL to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, regarding health planning and development, so as to change the manner of adopting, promulgating, and implementing rules of the Health Planning Agency; and for other purposes. The Senate adheres to its amendment and has appointed a Committee of Conference to the following Bill of the House: FRIDAY, MARCH 8, 1985 2239 HB 4. By: Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, and Benefield of the 72nd: A BILL to amend an Act providing appropriations for the State Fiscal Year 1984-85 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 1984-85; and for other purposes. The President has appointed on the part of the Senate the following: Senators Kennedy of the 4th, Holloway of the 12th, and Starr of the 44th. The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House: HB 91. By: Representatives Walker of the 115th, Evans of the 84th, Thomas of the 69th, Groover of the 99th, and Yeargin of the 14th: A BILL to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court costs, so as to provide that, when any action is filed by a party who is not represented by an attorney and who claims that he is unable to pay court costs because of his indigence, the complaint or other initial pleadings shall be assigned to and reviewed by a judge of the court prior to filing; 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 226. By: Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, and Benefield of the 72nd: A BILL to make and provide appropriations for the fiscal year beginning July 1, 1985 and ending June 30, 1986; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 226 The Committee of Conference on HB 226 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 226 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable Terrell A. Starr Senator, 44th District /s/Honorable Al Holloway Senator, 12th District /s/Honorable Joseph E. Kennedy Senator, 4th District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Lauren McDonald, Jr. Representative, 12th District /s/Honorable A. L. Burruss Representative, 20th District /s/Honorable L. L. Phillips Representative, 120th District A BILL To make and provide appropriations for the State fiscal year beginning July 1, 1985, and ending June 30, 1986; 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 2240 JOURNAL OF THE HOUSE, subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: That the sums of money hereinafter provided are appropriated for the State fiscal year beginning July 1, 1985, and ending June 30, 1986, as prescribed hereinafter for such fiscal year, from funds from the Federal Government, and the General Funds of the State including unappropriated surplus and a revenue estimate of $4,838,000,000 for State fiscal year 1986. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch ........................................................................| 18,308,851 Personal Services - Staf.......................................................................................$ 7,827,921 Personal Services - Elected Officials ................................................................................................................$ 2,380,108 Regular Operating Expenses ................................................................................$ 1,656,924 Travel - Staff .............................................................................................................$ 125,200 Travel - Elected Officials.................................................................................................$ -0Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing........................................................................................! 533,000 Equipment Purchases...............................................................................................! 464,022 Computer Charges....................................................................................................! 586,684 Real Estate Rentals....................................................................................................! 62,211 Telecommunications.................................................................................................! 600,803 Per Diem, Fees and Contracts - Staff.....................................,..............................................................! 540,690 Per Diem, Fees and Contracts - Elected Officials............................................................................! 1,719,896 Postage..........................................................................................................................! 63,592 Photography.................................................................................................................! 65,000 Expense Reimbursement Account.......................................................................! 1,132,800 Capital Outlay...........................................................................................................! 550,000 Total Funds Budgeted ........................................................................................$ 18,308,851 State Funds Budgeted.........................................................................................! 18,308,851 Senate Functional Budgets Total Funds Senate and Research Office ! 3,222,412 Lt. Governor's Office ! 363,856 Secretary of the Senate's Office $ 900,417 State Funds $ 3,222,412 $ 363,856 ! 900,417 Total House of Representatives and Research Office ! 4,486,685 House Functional Budgets Total Funds $ 7,043,155 $ 4,486,685 State Funds $ 7,043,155 FRIDAY, MARCH 8, 1985 2241 Speaker of the House's Office $ 233,881 $ 233,881 Clerk of the House's Office $ 988.901 $ 988,901 Total $ 8,265,937 $ 8,265,937 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 2,228,767 $ 2,228,767 Legislative Fiscal Office $ 1,531,242 $ 1,531,242 Legislative Budget Office $ 720,594 $ 720,594 Ancillary Activities $ 1,075,626 $ 1,075,626 Total $ 5,556,229 $ 5,556,229 For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any state owned building other than the State Capitol, the committee shall measure the need for said space as compared to the space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction for legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst, Legislative Educational Research Council and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs 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 appropriations. Section 2. Department of Audits. Budget Unit: Department of Audits ....................................................................$ 7,429,771 2242 JOURNAL OF THE HOUSE, Operations Budget: Personal Services....................................................................................................$ 7,799,581 Regular Operating Expenses ...................................................................................$ 206,279 Travel..........................................................................................................................$ 598,000 Motor Vehicle Purchases .......,...................................................................................$ 48,000 Publications and Printing..........................................................................................! 25,500 Equipment Purchases.................................................................................................! 10,000 Real Estate Rentals ..................................................................................................$ 238,490 Computer Charges....................................................................................................! 103,000 Telecommunications...................................................................................................! 54,000 Total Funds Budgeted..........................................................................................! 9,082,850 State Funds Budgeted...........................................................................................! 7,429,771 Total Positions Budgeted 205 Authorized Motor Vehicles 37 PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court ................................................................................$ 3,174.486 Section 4. Court of Appeals. Budget Unit: Court of Appeals .............................................................................I 3.606.414 Section 5. Superior Courts. Budget Unit: Superior Courts .............................................................................$ 27.572.779 Operation of the Courts.............................................,........................................! 26,251,452 Prosecuting Attorneys' Council ..............................................................................$ 538,924 Sentence Review Panel.,..........................................................................................! 114,778 Council of Superior Court Judges............................................................................................................! 51,378 Judicial Administrative Districts ..................................................................................................................$ 609,002 Habeas Corpus Clerk.........................................................,..........................................! 7,245 Section 6. Juvenile Courts. Budget Unit: Juvenile Courts...................................................................................$ 188.462 Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education.........................................................................................! 280.912 Institute's Operations...............................................................................................! 263,500 Georgia Magistrate Courts Training Council.....................................................................................................! 17,412 Section 8. Judicial Council. Budget Unit: Judicial Council..................................................................................$ 632,621 Council Operations...................................................................................................! 544,486 Payments to Judicial Administrative Districts for Case Counting..........................................................................................................! 67,100 Board of Court Reporting..........................................................................................! 21,035 Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission....................................................................................................|104j325 PART III. EXECUTIVE BRANCH FRIDAY, MARCH 8, 1985 2243 Section 10. Department of Administrative Services. A. Budget Unit: Department of Administrative Services.............................................................................$ 37,874,554 Administrative Services Budget: Personal Services..................................................................................................? 30,664,526 Regular Operating Expenses ................................................................................$ 7,187,813 Travel..........................................................................................................................$ 186,613 Motor Vehicle Equipment Purchases...........................................................................................! 378,330 Publications and Printing........................................................................................! 266,901 Equipment Purchases............................................................................................! 1,015,498 Computer Charges.................................................................................................! 7,369,431 Real Estate Rentals .............................................................................,.................$ 2,802,692 Telecommunications .................................................................................................$ 500,011 Per Diem, Fees and Contracts................................................................................! 511,381 Rents and Maintenance Expense......................................................................! 20,041,264 Utilities.........................................................................................................................! 32,700 Unemployment Compensation Reserve......................................................................................................................! 11,552 State of Georgia General Obligation Debt Sinking Fund....................................................................................! -0- Payments to DOAS Fiscal Administration........................................................................................! 1,845,140 Direct Payments to Georgia Building Authority for Capital Outlay.......................................................................................................! 294,032 Direct Payments to Georgia Building Authority for Authority Lease Rentals......................................................................................? 855,968 Direct Payments to Georgia Building Authority for Operations..............................................................................................................! 695,103 Telephone Billings...............................................................................................! 29,292,784 Materials for Resale...............................................................................................! 8,636,000 Public Safety Officers Indemnity Fund ....................................................................................................$ 608,800 Health Planning Review Board Operations....................................................................................................! 55,000 Georgia Golf Hall of Fame Operations .....................................................................................................$ 30,000 Unemployment Compensation Payments.............................................................................................................! 2,000,000 Total Funds Budgeted......................................................................................! 115,281,539 State Funds Budgeted.........................................................................................! 37,874,554 Total Positions Budgeted 1,003 Authorized Motor Vehicles 300 Department of Administrative Services Functional Budgets Pos. Total Funds State Funds State Properties Commission 6 ! 328,502 ! 328,502 Departmental Administration 42 ? 3,732,755 ! 3,732,755 2244 JOURNAL OF THE HOUSE, Treasury and Fiscal Administration 30 10,579,339 $ 8,734,199 Central Supply Administration 19 8,467,852 -0- Procurement Administration 52 2,267,127 ! 2,267,127 General Services Administration 11 494,112 -0- Space Management Administration 12 442,971 442,971 Data Processing Services Motor Pool Services 541 45,240,082 16,369,000 24 2,260,945 -0- Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services 120 33,930,255 69 4,740,892 40 1,316,424 10 349,232 27 1,131,051 6,000,000 -0-0-0-0- Undistributed Total __0 1,003 -0; $ 115,281,539 iQi 37,874,554 B. Budget Unit: Georgia Building Authority ..................................................................| ^ Georgia Building Authority Budget: Personal Services..................................................................................................$ 14,842,173 Regular Operating Expenses ................................................................................$ 3,353,461 Travel..............................................................................................................................$ 4,000 Motor Vehicle Equipment Purchases..................................................................................................................! 34,600 Publications and Printing..........................................................................................! 30,000 Equipment Purchases.................................................................................................! 94,860 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 46,296 Telecommunications...................................................................................................! 84,679 Per Diem, Fees and Contracts................................................................................! 120,000 Capital Outlay...........................................................................................................! 500,000 Authority Lease Rentals..........................................................................................! 855,968 Utilities....................................................................................................................! 6,953,164 Payments to DOAS for General Obligation Debt Sinking Fund.................................................................................................................! -0- Facilities Renovations and Repairs......................................................................,.............................................! -0- Total Funds Budgeted........................................................................................! 26,919,201 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 542 Authorized Motor Vehicles 39 Section 11. Department of Agriculture. A. Budget Unit: Department of Agriculture...................................................................................................! 26,498,222 FRIDAY, MARCH 8, 1985 2245 State Operations Budget: Personal Services..................................................................................................$ 23,536,508 Regular Operating Expenses ................................................................................$ 2,178,472 Travel..........................................................................................................................$ 848,358 Motor Vehicle Equipment Purchases................................................................................................................! 236,313 Publications and Printing........................................................................................! 529,546 Equipment Purchases...............................................................................................$ 139,216 Computer Charges....................................................................................................! 170,000 Real Estate Rentals..................................................................................................! 598,167 Telecommunications.................................................................................................! 350,557 Per Diem, Fees and Contracts ................................................................................$ 272,910 Market Bulletin Postage ..........................................................................................$ 520,500 Payments to Athens and Tifton Veterinary Laboratories ....................................................................................$ 1,804,209 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston Statesboro and Tifton .......................................................................................$ 1,313,370 Veterinary Fees .........................................................................................................$ 639,750 Indemnities ..................................................................................................................$ 58,000 Bee Indemnities ..........................................................................................................$ 50,000 Advertising Contract ..................................................................................................$ 95,000 Payments to Georgia Agrirama Development Authority for Operations ..............................................................................................................$ 305,939 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets...............................................................................................! 285,000 Contract - Federation of Southern Cooperatives...........................................................................................! 60,000 Tick Control Program ................................................................................................$ 50,000 Total Funds Budgeted ........................................................................................$ 34,041,815 State Funds Budgeted.........................................................................................! 26,498,222 Total Positions Budgeted 910 Authorized Motor Vehicles 271 Department of Agriculture Functional Budgets Pos. Total Funds Plant Industry 171 ! 4,925,110 Animal Industry 62 $ 5,836,851 Marketing 43 $ 1,730,888 General Field Forces 107 $ 2,755,363 Internal Administration 55 $ 3,145,916 Information and Education 8 ! 1,134,847 Fuel and Measures 71 $ 1,992,837 Consumer Services 27 ! 946,710 Consumer Protection Field Forces 130 $ 4,230,350 State Funds 4,370,822 5,469,964 1,722,888 2,755,363 3,038,515 1,134,847 1,987,837 946,710 3,305,659 2246 JOURNAL OF THE HOUSE, Meat Inspection 122 $ 3,600,113 $ 1,452,943 Major Markets 106 $ 3,466,341 $ 312,674 Seed Technology 8 $ 276,489 $ -0- Undistributed __0 $ ^$ :P_: Total 910 $ 34,041,815 $ 26,498,222 B. Budget Unit: Georgia Agrirama Development Authority ....................................................................................$ -0- Georgia Agrirama Development Authority Budget: Personal Services...................,...................................................................................$ 515,282 Regular Operating Expenses ...................................................................................$ 116,592 Travel..............................................................................................................................$ 6,720 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 12,917 Equipment Purchases...................................................................................................$ 9,552 Computer Charges.. ...........................................................................................................^ -0- Real Estate Rentals ....................,.....................................................................................$ -0- Telecommunications .....................................................................................................$ 6,972 Per Diem, Fees and Contracts ..................................................................................$ 24,250 Capital Outlay ...........................................................................................................$ 137,000 Goods for Resale .........................................................................................................$ 85,674 Total Funds Budgeted .............................................................................................$ 914,959 State Funds Budgeted..............................................................................................$ 305,939 Total Positions Budgeted 28 Section 12. Department of Banking and Finance. Budget Unit: Department of Banking and Finance .................................................................................................$ 4.339,157 Administration and Examination Budget: Personal Services....................................................................................................$ 3,502,750 Regular Operating Expenses .............................................................................,.....$ 168,715 Travel..........................................................................................................................$ 255,000 Motor Vehicle Equipment Purchases......................................................................$ 92,300 Publications and Printing..........................................................................................$ 14,300 Equipment Purchases...................................................................................................$ 4,900 Computer Charges ....................................................................................................$ 116,200 Real Estate Rentals ..................................................................................................$ 146,000 Telecommunications ...................................................................................................$ 36,992 Per Diem, Fees and Contracts....................................................................................$ 2jOOO Total Funds Budgeted ..........................................................................................$ 4,339,157 State Funds Budgeted...........................................................................................$ 4,339,157 Total Positions Budgeted 102 Authorized Motor Vehicles 28 Section 13. Department of Community Affairs. A. Budget Unit: Department of Community Affairs.......................................................................................$ 5,748,703 State Operations Budget: Personal Services....................................................................................................! 4,036,325 Regular Operating Expenses ...................................................................................$ 135,040 Travel..........................................................................................................................! 187,900 Motor Vehicle Equipment Purchases..................................................................................................................! 24,000 FRIDAY, MARCH 8, 1985 2247 Publications and Printing..........................................................................................$ 70,025 Equipment Purchases...................................................................................................$ 7,072 Computer Charges ......................................................................................................$ 21,000 Real Estate Rentals ..................................................................................................$ 205,692 Telecommunications ...................................................................................................$ 84,900 Per Diem, Fees and Contracts ..................................................................................$ 84,430 Capital Felony Expenses............................................................................................)! 50,000 Contracts with Area Planning and Development Commissions .........................................,.............................$ 1,282,500 Local Assistance Grants...........................................................................................$ 347,000 Appalachian Regional Commission Assessment ...............................................................................................................$ 83,320 Community Development Block Grants (Federal) ...............................................................................................$ 35,900,000 Juvenile Justice Grants (Federal) .................................................................................................$ 1,000,000 Grant - Richmond County........,......................................................................................$ -0- Economic Development Grants ..............................................................................$ 150,000 Payment to Georgia Development Authority........................................................................................? 380,000 Technical Assistance to S.D.A..........................................................................................................................$ ^ Total Funds Budgeted ........................................................................................$ 44,049,204 State Funds Budgeted...........................................................................................$ 5,748,703 Total Positions Budgeted 106 Authorized Motor Vehicles 7 Department of Community Affairs Functional Budgets Pos. Total Funds State Funds Executive and Administrative 18 $ 2,861,431 { 2,805,931 Technical Assistance 29 2,244,693 5 1,049,994 Community and Economic Development 38 37,842,419 $ 1,136,394 Intergovernmental Assistance 18 960,648 ! 756,384 Job Training Partnership Act 3 140,013 5 -0- Undistributed 0 -0; I -0- Total 106 44,049,204 $ 5,748,703 B. Budget Unit: Authorities...............................................................................................iji -0Operations Budget: Personal Services....................................................................................................? 2,530,628 Regular Operating Expenses ...................................................................................$ 332,004 Travel............................................................................................................................? 79,379 Motor Vehicle Equipment Purchases..................................................................................................................? 84,842 Publications and Printing..........................................................................................? 64,121 Equipment Purchases.................................................................................................? 76,302 Computer Charges......................................................................................................? 40,865 Real Estate Rentals..................................................................................................? 164,062 2248 JOURNAL OF THE HOUSE, Telecommunications..........................................................,............................,...........$ 74,253 Per Diem, Fees and Contracts................................................................................$ 163,555 Rental Assistance Payments ..............................................................................$ 11,500,000 Grants to Housing Sponsors....................................................................................! 500.000 Total Funds Budgeted ........................................................................................$ 15,610,011 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 87 Authorized Motor Vehicles 37 Authorities Functional Budgets Pos. Total Funds State Funds Georgia Residential Finance Authority 81 ! 15,230,011 $ -0- Georgia Development Authority 6 ! 380,000 $ -0- Undistributed _0 $ -0; Total 87 ! 15,610,011 $ -0- Section 14. Office of Comptroller General. Budget Unit: Office of Comptroller General.........................................................................................................! 7,635,281 Operations Budget: Personal Services....................................................................................................! 6,929,109 Regular Operating Expenses ...................................................................................$ 366,041 Travel..........................................................................................................................! 184,400 Motor Vehicle Equipment Purchases......................................,......................,........! 68,400 Publications and Printing........................................................................................! 158,716 Equipment Purchases..............................,............................,.....................................! 98,458 Computer Charges..........................................................,.........................................! 198,514 Real Estate Rentals...........................,......................................................................! 469,325 Telecommunications.................................................................................................! 120,412 Per Diem, Fees and Contracts..................................................................................! 31,250 Total Funds Budgeted..........................................................................................! 8,624,625 State Funds Budgeted...........................................................................................! 7,635,281 Total Positions Budgeted 254 Authorized Motor Vehicles 57 Office of Comptroller General Functional Budgets Pos. Total Funds State Funds Internal Administration 22 ! 1,265,157 ! 1,265,157 Insurance Regulation 56 ! 1,947,045 ! 1,841,051 Industrial Loans Regulation 13 ! 516,234 516,234 Information and Enforcement 45 ! 1,431,518 1,431,518 Fire Safety and Mobile Home Regulations 118 ! 3,464,671 2,581,321 Undistributed __00 $ -0- -0; Total 254 ! 8,624,625 7,635,281 FRIDAY, MARCH 8, 1985 2249 Section 15. Department of Defense. Budget Unit: Department of Defense ..................................................................| 3,440,850 Operations Budget: Personal Services....................................................................................................? 5,669,303 Regular Operating Expenses ................................................................................? 1,602,391 Travel............................................................................................................................$ 60,320 Motor Vehicle Equipment Purchases..................................................................................................................! 16,800 Publications and Printing..........................................................................................? 40,667 Equipment Purchases...............................................................................................? 132,142 Computer Charges........................................................................................................? 8,986 Real Estate Rentals......................................................................................................? 6,160 Telecommunications...................................................................................................? 70,258 Per Diem, Fees and Contracts................................................................................? 137,000 Utilities....................................................................................................................? 1,536,880 Grants to Locals - EMA (P&A) M/S...............................................................................................? 1,160,025 Grants - Others...........................................................................................................? 62,282 Georgia Military Institute Grant..............................................................................? 18,000 Civil Air Patrol Contract...........................................................................................? 42,000 Capital Outlay.............................................................................................................? 10,000 Grants to Armories...................................................................................................? 477,500 Repairs and Renovations...........................................................................................? 63,000 Total Funds Budgeted........................................................................................? 11,113,714 State Funds Budgeted...........................................................................................? 3,440,850 Total Positions Budgeted 219 Authorized Motor Vehicles 20 Department of Defense Functional Budgets Pos. Total Funds State Funds Office of the Adjutant General 22 ? 2,074,499 ? 844,468 Georgia Emergency Management Agency 39 ? 1,895,381 ? 666,709 Georgia Air National Guard 69 ? 2,745,657 ? 362,398 Georgia Army National Guard 89 ? 4,398,177 ? 1,567,275 Undistributed _0 $ ^ ? -0- Total 219 ? 11,113,714 ? 3,440,850 Section 16. State Board of Education - Department of Education. A. Budget Unit: Department of Education................................................................................................? 1,845,528,632 Operations: Personal Services...............................................................................................? 21,203,196 Regular Operating Expenses.............................................................................? 2,049,230 Travel.......................................................................................................................? 977,915 Motor Vehicle Equipment Purchases.....................................................................................................................? -0Publications and Printing.....................................................................................? 618,940 Equipment Purchases............................................................................................? 132,295 2250 JOURNAL OF THE HOUSE, Computer Charges ..............................................................................................$ 1,318,605 Real Estate Rentals ............................................................................................$ 2,016,185 Telecommunications ....................................................................................,.........$ 566,625 Per Diem, Fees and Contracts ..........................................................................$ 6,872,973 Utilities ......................................................................................................................$ 53,485 APEG Grants: Salaries of Instructional Personnel Code Section 20-2-157(a)................................................................................................$ 762,889,231 Salaries of Instructional Personnel Code Section 20-2-152.....................................................................................................$ 134,214,745 Salaries of Instructional Personnel Code Section 20-2-153.......................................,...............................................................$ 74,645,607 Salaries of Student Supportive Personnel................................................................................$ 33,364,544 Salaries of Administrative and Supervisory Persoimel....................................................................................................$87;?61,713 Special Education Leadership Personnel .................................................................................$ 3,824,472 Instructional Media ......................................................................................$ 20,567,706 Instructional Equipment...................................................................................$ 717,192 Maintenance and Operation ....................,.................................................$ 102,288,124 Sick and Personal Leave................................................................................! 5,717,971 Travel................................................................................................................$ 1,051,882 Pupil Transportation........................................................................................! 92,704,476 Isolated Schools......................................................................................................! 673,600 Non-APEG Grants: Education of Children of Low-Income Families..................................................................,.............! 78,364,380 Teacher Retirement....................................................................................! 153,975,458 Instructional Services for the Handicapped.......................................................................................! 22,688,125 Preparation of Professional Personnel in Education of Handicapped Children......................................................................................! -0Tuition for the Multihandicapped.................................................................................................! 1,487,504 Severely Emotionally Disturbed....................................................................................................! 20,196,850 Compensatory Education.............................................................................! 18,601,401 School Luneh (Fed.)...................................................................................! 110,667,400 School Lunch (State)....................................................................................! 19,515,543 Innovative Programs..........................................................................................! 288,000 Staff Development.............................................................................................! 800,000 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification......................................................................................! 4,896,326 Cooperative Educational Service Areas................................................................................................! 4,905,626 Superintendents Salaries...............................................................................! 6,220,178 High School Program...................................................................................! 34,522,229 Area School Program....................................................................................! 67,415,256 Education Technology FRIDAY, MARCH 8, 1985 2251 Grants............................................................................................................! 1,000,000 Junior College Program..................................................................................$ 2,251,961 Governor's Scholarship......................................................................................! 250,000 Quick Start.......................................................................................................! 2,800,000 Special Projects ..........................................................................................................$ -0- Job Training and Partnership Act ...........................................................................................$ 7,000,000 Vocational Research and Curriculum......................................................................................................! 366,540 Adult Education..............................................................................................! 3,274,741 Salaries and Travel of Public Librarians.........................................................................................! 6,228,412 Public Library Materials................................................................................! 3,839,970 Talking Book Centers.......................................................................................-! 674,405 Public Library M & 0....................................................................................! 2,985,849 Public Library Construction.....................................................................................! -0- Instructional Aides........................................................................................! 10,407,037 Teacher Health Insurance...........................................................................$ 47,380,958 Health Insurance - Non Certificated Personnel..............................................................................! 21,624,000 Teacher Health Insurance - Retired Teachers .........................................................................................$ 7,807,000 Capital Outlay.............................................................................................................! -0- Grants to Local School Systems for Educational Purposes......................................................................................................! 78,000,000 Area Vocational-Technical School Construction.......................................................................................! 250,000 Salaries of Extended Pre-School Personnel.............................................................................................! -0- Child Care Lunch Program (Federal).....................................................................................! 13,500,000 Chapter II - Block Grant Flow Through ..................................................................................................$ 8,702,656 Total Funds Budgeted ................................................................................$ 2,119,118,517 Indirect DOAS Services Funding................................................................................................................! 340,000 State Funds Budgeted.................................................................................! 1,845,528,632 Total Positions Authorized 665 Authorized Motor Vehicles 6 Instructional Services Governor's Honors Program Vocational Education Public Library Services State Administration Administrative Services Education Functional Budgets Pos. Total Funds 168 ! 6,915,106 2 $ 806,807 98 $ 5,201,130 42 $ 1,719,770 31 $ 2,024,170 210 $ 9,837,547 State Funds $ 4,105,300 $ 791,807 ! 3,048,512 $ 778,574 $ 1,615,715 $ 6,036,699 2252 JOURNAL OF THE HOUSE, Planning and Development 102 $ 8,524,978 $ 7,664,992 Professional Standards Commission 3 $ 177,750 $ 177,750 Vocational Advisory Council 2 $ 153,712 $ -0- Professional Practices Commission 7 $ 448,479 $ 448,479 Local Programs 0 $ 2,083,309,068 $ 1,820,860,804 Undistributed 7 $ -0; | -0^ Total 665 $ 2,119,118,517 $ 1,845,528,632 B. Budget Unit: Institutions ..............................................................................| 19.016,030 Institutional Operations: Personal Services...............................................................................................$ 16,405,555 Regular Operating Expenses .............................................................................$ 2,351,525 Travel.........................................................................................................................$ 40,000 Motor Vehicle Equipment Purchases.......................................................................................,......................-! 21,800 Publications and Printing......................................................................................,$ 16,540 Equipment Purchases............................................................................................! 363,500 Computer Charges .................................................................................................$ 103,320 Telecommunications..............................................................................................! 114,995 Per Diem, Fees and Contracts......................................................................,......! 167,575 Utilities.................................................................................................................! 1,921,265 Capital Outlay................................................................................................................| ^ Total Funds Budgeted .....................................................................................$ 21,506,075 State Funds Budgeted......................................................................................! 19,016,030 Total Positions Budgeted 671 Authorized Motor Vehicles 80 Institutions Functional Budgets Pos. Total Funds Georgia Academy for the Blind 146 ! 3,560,345 Georgia School for the Deaf 227 ! 6,569,401 Atlanta Area School for the Deaf 100 ! 3,267,937 North Georgia VocationalTechnical School 106 ! 4,399,454 South Georgia VocationalTechnical School 92 ! 3,708,938 Undistributed Total 0 $ ;Q; 671 $ 21,506,075 C. >ard of Postsecondary Vocational 5ducation. ............................. oard of Postseco iary Vocational Education Budget: Personal Services. State Funds ! 3,278,015 ! 6,278,974 ! 3,084,070 ! 3,373,504 ! 3,001,467 ! 19,016,030 ..............$ 328,316 ..............! 427,850 FRIDAY, MARCH 8, 1985 2253 Regular Operating Expenses ..................................................................................$ 13,505 Travel.........................................................................................................................$ 13,200 Motor Vehicle Equipment Purchases .........................................................................$ -0- Publications and Printing.........................................................................................! 7,000 Equipment Purchases................................................................................................! 3,000 Computer Charges ...................................................................................................$ 15,000 Real Estate Rentals .................................................................................................$ 59,550 Telecommunications ..................................................................................................$ 9,530 Per Diem, Fees and Contracts.............................................................................! 108,000 Total Funds Budgeted ..........................................................................................$ 656,635 State Funds Budgeted...........................................................................................! 328,316 Total Positions Budgeted 10 Section 17. Employees' Retirement System. Budget Unit: Employees' Retirement System..................................................................................................................!^ Employees' Retirement System Budget: Personal Services....................................................................................................! 678,232 Regular Operating Expenses..................................................................................! 11,675 Travel...........................................................................................................................$ 7,500 Motor Vehicle Equipment Purchases ....................................................................... ! -0- Publications and Printing.......................................................................................! 21,150 Equipment Purchases................................................................................................! 3,100 Computer Charges.................................................................................................! 155,119 Real Estate Rentals .................................................................................................$ 74,046 Telecommunications................................................................................................! 11,779 Per Diem, Fees and Contracts.............................................................................! 538,500 Postage.......................................................................................................................! 65,000 Benefits to Retirees.......................................................................................................! -0- Employer Contribution.................................................................................................! -0- Total Funds Budgeted .......................................................................................$ 1,566,101 State Funds Budgeted...................................................................................................! -0- Total Positions Budgeted 27 Authorized Motor Vehicles 1 Section 18. Forestry Commission. Budget Unit: Forestry Commission .................................................................| 28,552,452 State Operations Budget: Personal Services...............................................................................................! 21,600,319 Regular Operating Expenses .............................................................................$ 5,076,778 Travel.......................................................................................................................! 130,113 Motor Vehicle Equipment Purchases..........................................................................................................! 1,784,351 Publications and Printing.......................................................................................! 86,559 Equipment Purchases.........................................................................................! 2,420,823 Computer Charges...................................................................................................! 63,738 Real Estate Rentals .................................................................................................$ 18,211 Telecommunications...................................................................................,..........! 575,055 Per Diem, Fees and Contracts.............................................................................! 138,871 Contractual Research............................................................................................! 250,000 Payments to the University of Georgia, School of Forestry for Forest Research............................................................................................! 300,000 Ware County Grant.................................................................................................! 90,000 Wood Energy Program............................................................................................! 93,582 Capital Outlay........................................................................................................$ 150J300 Total Funds Budgeted .....................................................................................$ 32,778,400 2254 JOURNAL OF THE HOUSE, State Funds Budgeted......................................................................................$ 28,552,452 Total Positions Budgeted 876 Authorized Motor Vehicles 763 Forestry Commission Functional Budgets Pos. Total Funds State Funds Reforestation 51 $ 2,963,075 $ 942,175 Field Services 794 $ 27,861,443 $ 25,664,395 Wood Energy 1 $ 93,582 $ 93,582 General Administration and Support 30 $ 1,860,300 $ 1,852,300 Undistributed _0 $ ^ $ ^ Total 876 $ 32,778,400 $ 28,552,452 Section 19. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation ......................................................................................$ 24,488,958 Operations Budget: Personal Services...............................,...............................................................! 16,450,123 Regular Operating Expenses .............................................................................$ 1,641,906 Travel.......................................................................................................................$ 489,700 Motor Vehicle Equipment Purchases..........................................................................................................! 1,050,000 Publications and Printing.......................................................................................! 90,785 Equipment Purchases......................................,.....................................................! 616,836 Computer Charges.............................................................................................-! 2,418,363 Real Estate Rentals ............................................................................................$ 1,446,807 Telecommunications...........................................................................................! 1,114,172 Per Diem, Fees and Contracts...............................................................................! 30,710 Evidence Purchased...............................................................................................! 350,000 Utilities ......................................................................................................................$ 89,966 Postage.......................................................................................................................! 59,590 Capital Outlay ..........................................................................................................$ 40,000 Total Funds Budgeted .....................................................................................$ 25,888,958 Indirect DOAS Funding.....................................................................................! 1,400,000 Total State Funds Budgeted...........................................................................! 24,488,958 Total Positions Budgeted 507 Authorized Motor Vehicles 320 Georgia Bureau of Investigation Functional Budgets Pos. Total Funds State Funds Administration 23 $ 2,484,169 $ 2,484,169 Drug Enforcement 82 $ 4,581,870 ! 4,581,870 Investigative 206 ! 8,999,059 ! 8,999,059 Forensic Sciences 93 $ 4,048,204 $ 4,048,204 Georgia Crime Information Center 103 $ 5,775,656 $ 4,375,656 Undistributed __0 ! Q_ ! ^ Total 507 ! 25,888,958 $ 24,488,958 FRIDAY, MARCH 8, 1985 2255 Section 20. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and Investment Commission ....................................................................................$ -0- Departmental Operations Budget: Personal Services....................................................................................................? 905,224 Regular Operating Expenses ..................................................................................$ 29,275 Travel...........................................................................................................................! 9,000 Motor Vehicle Equipment Purchases .........................................................................$ -0- Publications and Printing.........................................................................................! 1,200 Equipment Purchases................................................................................................! 2,325 Computer Charges...................................................................................................! 13,238 Real Estate Rentals .................................................................................................$ 86,130 Telecommunications................................................................................................! 11,100 Per Diem, Fees and Contracts.............................................................................! 110,000 Total Funds Budgeted .......................................................................................$ 1,167,492 Total Expenditures Authorized ........................................................................$ 1,167,492 State Funds Budgeted...................................................................................................! -0- Total Positions Budgeted 21 Section 21. Office of the Governor. A. Budget Unit: Governor's Office......................................................................! 5,464,522 1. Governor's Office Budget: Cost of Operations ..............................................................................................$ 2,253,561 Mansion Allowance..................................................................................................! 40,000 Governor's Emergency Fund .............................................................................$ 2,500,000 Intern Stipends and Travel..................................................................................f 130,000 Total Funds Budgeted .......................................................................................$ 4,923,561 State Funds Budgeted........................................................................................! 4,923,561 2. Office of Fair Employment Practices Budget: Personal Services....................................................................................................! 472,801 Regular Operating Expenses ..................................................................................$ 10,115 Travel.........................................................................................................................! 10,815 Motor Vehicle Equipment Purchases.........................................................................! -0- Publications and Printing.........................................................................................! 2,825 Equipment Purchases....................................................................................................! -0- Computer Charges..........................................................................................................! -0- Real Estate Rentals ............................................................................. ....................$ 69,915 Telecommunications................................................................................................! 11,740 Per Diem, Fees and Contracts...............................................................................! 22,750 Total Funds Budgeted ..........................................................................................$ 600,961 State Funds Budgeted...........................................................................................! 540,961 Total Positions Budgeted 15 Budget Unit Object Classes: Cost of Operations ..............................................................................................$ 2,253,561 Mansion Allowance..................................................................................................! 40,000 Governor's Emergency Fund.............................................................................! 2,500,000 Intern Stipends and Travel..................................................................................! 130,000 Personal Services....................................................................................................! 472,801 Regular Operating Expenses ..................................................................................$ 10,115 Travel.........................................................................................................................! 10,815 Motor Vehicle Equipment Purchases .........................................................................$ -0Publications and Printing.........................................................................................! 2,825 Equipment Purchases....................................................................................................! -0- 2256 JOURNAL OF THE HOUSE, Computer Charges..........................................................................................................! -0- Real Estate Rentals .................................................................................................$ 69,915 Telecommunications................................................................................................! 11,740 Per Diem, Fees and Contracts...............................................................................! 22,750 Total Positions Budgeted 15 Authorized Motor Vehicles 0 B. Budget Unit: Office of Planning andBudget.................................................................................................$ 3,708,539 Office of Planning and Budget Budget: Personal Services.................................................................................................! 3,079,134 Regular Operating Expenses .,................................................................................$ 87,705 Travel.........................................................................................................................! 79,000 Motor Vehicle Equipment Purchases.........................................................................! -0- Publications and Printing.................................................................................,.....! 35,360 Equipment Purchases................................................................................................! 5,000 Computer Charges......................................................................................,..........! 151,000 Real Estate Rentals ...............................................................................................$ 190,840 Telecommunications................................................................................................! 55,000 Per Diem, Fees and Contracts...............................................................................! 85,500 Total Funds Budgeted .......................................................................................$ 3,768,539 State Funds Budgeted........................................................................................! 3,708,539 Total Positions Budgeted 74 Authorized Motor Vehicles 0 C. Budget Unit: Units Attached for Administrative Purposes Only............................................................................................! 4,971,720 Attached Units Budget: Personal Services.................................................................................................! 2,731,204 Regular Operating Expenses ................................................................................$ 125,957 Travel.........................................................................................................................! 53,000 Motor Vehicle Equipment Purchases.....................................................................................................................! -0- Publications and Printing.......................................................................................! 52,085 Equipment Purchases................................................................................................! 7,500 Computer Charges ...................................................................................................$ 34,825 Real Estate Rentals ...............................................................................................$ 250,035 Telecommunications..............................................................................................! 140,085 Per Diem, Fees and Contracts..........................................................................! 5,408,226 Art Grants - State Funds ..................................................................................$ 1,809,971 Art Grants - Federal Funds ..................................,..............................................$ 360,860 Art Grants - Donations...........................................................................................! 42,000 Total Funds Budgeted .....................................................................................$ 11,015,748 State Funds Budgeted........................................................................................! 4,971,720 Total Positions Budgeted 86 Authorized Motor Vehicles 0 Council for the Arts Office of Consumer Affairs State Energy Office Attached Units Functional Budgets Pos. Total Funds 13 $ 2,667,288 45 $ 1,614,429 10 $ 5,832,243 State Funds $ 2,200,588 $ 1,614,429 $ 271,460 FRIDAY, MARCH 8, 1985 2257 Governor's Committee on Post-Secondary Education 3 $ 152,292 $ 152,292 Consumers' Utility Counsel 9 $ 435,439 $ 418,894 Criminal Justice Coordinating Council 6 $ 314,057 $ 314,057 Undistributed _0 $ ^ | -0- Total 86 $ 11,015,748 $ 4,971,720 Section 22. Grants to Counties and Municipalities. Budget Unit: Grants to Counties and Municipalities...........................................................................................! 6,800,000 Grants to Counties..............................................................................................! 2,600,000 Grants to Municipalities ....................................................................................f 4,200,000 Total Funds Budgeted .......................................................................................$ 6,800,000 State Funds Budgeted........................................................................................! 6,800,000 Section 23. Department of Human Resources. A. Budget Unit: Departmental Operations.......................................................................... ....................^304,811^92 1. General Administration and Support Budget: Personal Services...............................................................................................$ 29,456,390 Regular Operating Expenses .............................................................................$ 1,223,285 Travel.......................................................................................................................$ 841,485 Motor Vehicle Equipment Purchases.....................................................................................................................! -0- Publications and Printing.....................................................................................! 184,350 Equipment Purchases............................................................................................! 126,410 Computer Charges ..............................................................................................$ 1,825,443 Real Estate Rentals ............................................................................................$ 3,498,862 Telecommunications..............................................................................................! 595,425 Per Diem, Fees and Contracts..........................................................................! 9,866,742 Utilities....................................................................................................................! 178,100 Postage.....................................................................................................................! 658,380 Menninger Group Homes .....................................................................................$ 387,000 Benefits for Child Care......................................................................................! 1,190,722 Contract - Georgia Advocacy Office, Inc. .........................................................................................$ 215,000 Total Funds Budgeted .....................................................................................$ 50,247,594 Indirect DOAS Services Funding........................................................................! 638,300 Indirect GBA Funding ..................................................................................................$ -0- Agency Funds ....................................................................................................$ 25,375,132 Social Services Block Grant Funds .........................................................................................$ 1,655,800 State Funds Budgeted......................................................................................! 22,578,362 Total Positions Budgeted 977 Authorized Motor Vehicles 7 General Administration and Support Functional Budgets Pos. Total Funds State Funds Commissioner's Office 13 $ 677,579 $ 677,579 2258 Administrative Appeals Administrative Policy, Coordination, and Direction Personnel Support Services Systems Planning, Development and Training EDP-Planning and Coordination Indirect Cost Facilities Managements Community/ Intergovernmental Affairs Budget Administration Accounting Services Auditing Services Special Projects Children and Youth Planning Troubled Children Benefits Developmental Disabilities Council on Maternal and Infant Health Council on Family Planning Community Services Regulatory Services Program Direction and Support Child Care Licensing Laboratory Improvement Health Care Facilities Regulation Compliance Monitoring Radiological Health Fraud and Abuse JOURNAL OF THE HOUSE, 25 $ 923,207 4 $ 191,768 47 $ 5,466,155 60 $ 2,464,625 4 $ 149,789 0 $ 365,400 0$ -0- 11 $ 3,899,387 20 $ 829,982 43 $ 1,449,888 150 $ 3,811,150 47 $ 1,667,587 0 $ 284,600 4 $ 184,046 0 $ 1,577,722 6 $ 231,674 3 $ 110,448 0$ 13,500 9 $ 9,207,996 9 $ 391,591 59 $ 1,727,907 17 $ 618,029 61 $ 2,253,313 10 $ 398,328 21 $ 626,164 53 $ 2,016,687 923,207 $ 191,768 $ 5,379,462 $ 2,198,353 $ 149,789 $ 165,400 $ (5,405,300) $ 2,790,622 $ 829,982 $ 1,449,888 $ 3,811,150 $ 1,667,587 $ 284,600 $ 184,046 $ 1,577,722 $ -0- $ 110,448 $ 1,350 $ -0- $ 391,591 $ 1,690,907 $ 475,873 $ 628,612 $ 398,328 $ 465,999 $ 253,545 FRIDAY, MARCH 8, 1985 2259 Child Support Recovery 301 $ 8,709,072 $ 1,285,854 Undistributed __0 $ ^ $ ^ Total 977 $ 50,247,594 $ 22,578,362 2. Public Health Budget: Personal Services...............................................................................................! 31,716,714 Regular Operating Expenses ...........................................................................$ 44,776,021 Travel.......................................................................................................................$ 923,960 Motor Vehicle Equipment Purchases...............................................................................................................! 10,000 Publications and Printing.....................................................................................! 298,475 Equipment Purchases............................................................................................! 190,398 Computer Charges.................................................................................................! 368,000 Real Estate Rentals ...............................................................................................$ 587,521 Telecommunications..............................................................................................! 512,083 Per Diem, Fees and Contracts........................................................................! 13,644,585 Utilities............................................................................................................................! -0Postage.......................................................................................................................! 86,375 Crippled Children Clinics.....................................................................................! 517,572 Grants for Regional Intensive Infant Care......................................................................................! 3,202,400 Grants for Regional Maternal and Infant Care..............................................................................! 1,687,000 Midwifery Program Benefits................................................................................! 800,000 Crippled Children Benefits ...............................................................................$ 3,767,000 Kidney Disease Benefits.......................................................................................! 605,000 Cancer Control Benefits.....................................................................................! 2,253,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program.........................................................................................! 100,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants....................................................................................................! 4,193,000 Grant to Grady Hospital for Cystic Fibrosis Program......................................................................................! 42,000 Contract with Emory University for Cancer Research...........................................................................................! 117,000 Contract with Auditory Educational Clinic................................................................................................! 78,000 Grant-In-Aid to Counties................................................................................! 42,447,282 Contract with Emory University for Arthritis Research........................................................................................! 215,000 Contract for Scoliosis Screening.............................................................................................! 115,000 Family Planning Benefits.....................................................................................! 301,530 Grants to Counties for Teenage Pregnancy Prevention .......................................................................................$ 257,500 Grant to Counties for Metabolic Disorders Screening and Treatment ...................................................................................$ 45,000 Contract - Macon-Bibb County Hospital Authority..........................................................................................! 4,000,000 Total Funds Budgeted ...................................................................................$ 157,857,416 Indirect DOAS Services Funding........................................................................! 549,718 Agency Funds....................................................................................................! 73,628,842 2260 JOURNAL OF THE HOUSE, State Funds Budgeted.......... Total Positions Budgeted Authorized Motor Vehicles Public Health Functional Budgets Pos. Total Funds Director's Office 7 $ 611,925 Employee's Health 9 $ 315,938 Health Program Management 27 $ 829,859 Vital Records 60 $ 1,340,478 Health Services Research 12 $ 564,625 Primary Health Care 15 $ 609,764 Stroke and Heart Attack Prevention 24 $ 1,682,378 Epidemiology 12 $ 842,302 Immunization 10 $ 412,514 Sexually Transmitted Diseases 33 $ 1,438,920 Community Tuberculosis Center 27 $ 1,282,002 Family Health Management 22 $ 6,943,640 Infant and Child Health 14 $ 5,758,942 Maternal Health Perinatal 5 $ 251,289 Family Planning 185 $ 8,254,200 Malnutrition 28 $ 48,665,776 Dental Health 20 $ 1,394,645 Children's Medical Services 87 $ 7,528,162 Chronic Disease 20 $ 1,670,062 Diabetes 4 $ 455,502 Cancer Control 6 $ 3,026,614 Environmental Health 8 $ 883,356 Laboratory Services 121 $ 4,393,145 Emergency Health 22 $ 2,257,647 Minimum Foundation 190 $ 8,173,589 Newborn Follow Up Care 22 $ 648,279 Sickle Cell, Vision and Hearing 15 $ 1,063,797 . ,,.$83,678,856 1,094 6 State Funds $ 414,700 $ 280,938 $ 744,859 $ 1,317,978 $ 341,807 $ 609,764 $ 1,152,378 $ 514,726 $ 1,104 $ 371,344 $ 1,159,672 $ 1,464,576 $ 5,629,427 $ 13,610 $ 3,340,049 $ -0- $ 1,171,462 $ 4,768,278 $ 1,670,062 $ 361,671 $ 3,026,614 $ 344,584 $ 3,713,475 $ 1,197,147 $ 8,040,692 $ 465,329 $ 1,063,797 FRIDAY, MARCH 8, 1985 2261 High-Risk Pregnant Women and Infants 19 $ 5,370,755 $ 5,370,755 Grant in Aid to Counties 0 $ 38,858,807 $ 34,007,984 Teenage Pregnancy Prevention 0 $ 257,500 $ 257,500 Community Care 70 $ 2,071,004 $ 862,574 Undistributed __0 $ ^$ ^ Total 1,094 $ 157,857,416 $ 83,678,856 3. Mental Health - Program Direction and Support Budget: Personal Services.................................................................................................$ 4,598,054 Regular Operating Expenses ................................................................................$ 118,525 Travel.......................................................................................................................$ 124,450 Motor Vehicle Equipment Purchases .........................................................................$ -0- Publications and Printing.......................................................................................! 61,300 Equipment Purchases................................................................................................$ 8,500 Computer Charges .................................................................................................$ 756,193 Real Estate Rentals.......................................................................................................! -0- Telecommunications..............................................................................................$ 212,000 Per Diem, Fees and Contracts.............................................................................! 210,150 Utilities............................................................................................................................! -0- Postage............................................................................................................................! 750 Contract with Housing Alternatives ...........................................................................................$ 70,000 Total Funds Budgeted .......................................................................................$ 6,159,922 Social Services Block Grant Funds.......................................................................! 15,000 Indirect DOAS Services Funding........................................................................! 779,100 Agency Funds .........................................................................................................$ 462,316 State Funds Budgeted........................................................................................! 4,903,506 Total Positions Budgeted 127 Mental Health - Program Direction and Support Functional Budgets Pos. Total Funds State Funds Administration 63 $ 3,404,943 $ 2,475,043 Special Projects and Contracts 2 $ 53,192 ! 3,192 Program Coordination 61 $ 2,659,061 $ 2,382,545 MH/MR Advisory Council 1 $ 42,726 $ 42,726 Undistributed _0 $ ^ $ ^ Total 127 ! 6,159,922 $ 4,903,506 4. Youth Services - Program Direction and Support: Personal Services.................................................................................................! 1,356,252 Regular Operating Expenses..................................................................................! 31,682 Travel............................................................................................................-............! 30,650 Motor Vehicle Equipment Purchases.........................................................................! -0- Publications and Printing.........................................................................................! 6,200 2262 JOURNAL OF THE HOUSE, Equipment Purchases.....................................................................,..........................$ 4,190 Computer Charges ...................................................................................................$ 75,000 Real Estate Rentals .......................................................................................................$ -0- Telecommunications ................................................................................................$ 37,860 Per Diem, Fees and Contracts .................................................................................$ 3,500 Utilities ............................................................................................................................I -0- Postage.......................,.....................................................................................................! -0- Benefits for Child Care .................................................................................................$ ^ Total Funds Budgeted .......................................................................................$ 1,545,334 Indirect DOAS Services Funding................................................................................! -0- Agency Funds .................................................................................................................$ -0- State Funds Budgeted........................................................................................? 1,545,334 Total Positions Budgeted 38 Authorized Motor Vehicles 0 5. Services to the Aged Budget: Personal Services.................................................................................................! 1,982,956 Regular Operating Expenses ..................................................................................$ 46,980 Travel.........................................................................................................................$ 56,800 Motor Vehicle Equipment Purchases.......,.............................................................................................................! -0- Publications and Printing.......................................................................................! 27,000 Equipment Purchases................................................................................................! 2,860 Computer Charges.................................................................................................! 210,800 Real Estate Rentals..............,..................................................................................? 33,500 Telecommunications................................................................................................! 51,060 Per Diem, Fees and Contracts........................................................................! 22,805,431 Utilities....................................................................................,.......................................! -0- Payments to DMA..............................................................................................! 4,782,801 Postage............................................................................................................................! 920 Total Funds Budgeted .....................................................................................$ 30,001,108 Social Services Block Grant Funds .........................................................................................$ 2,998,100 Agency Funds ....................................................................................................$ 18,042,164 State Funds Budgeted........................................................................................! 8,960,844 Total Positions Budgeted 64 Authorized Motor Vehicles 224 Services to the Aged Functional Budgets Pos. Total Funds State Funds Administration and Planning 43 ! 3,304,413 ? 1,144,489 Aging Services 0 ! 19,311,020 ! 1,767,364 Alternative Health Services 21 $ 7,385,675 ! 6,048,991 Undistributed _Q $ ;Q; I -0- Total 64 ! 30,001,108 ! 8,960,844 6. Rehabilitation Services Budget: Personal Services...............................................................................................! 24,097,680 Regular Operating Expenses .............................................................................$ 1,127,938 Travel..................................................,....................................................................! 527,050 Motor Vehicle Equipment Purchases....................................................................,.............,..................................! -0- FRIDAY, MARCH 8, 1985 2263 Publications and Printing.......................................................................................$ 58,310 Equipment Purchases..............................................................................................$ 54,475 Computer Charges .................................................................................................$ 761,850 Real Estate Rentals ...............................................................................................$ 990,295 Telecommunications..............................................................................................? 555,570 Per Diem, Fees and Contracts.............................................................................? 832,575 Utilities ....................................................................................................................$ 303,250 Postage.......................................................................................................................? 92,050 Grants for Nephrology Centers............................................................................$ 245,000 Contract with Vocational Rehabilitation Community Facilities ...........................................................................................................$ 4,219,500 Contract for Epilepsy..............................................................................................? 67,000 Case Services .......................................................................................................$ 9,487,500 E.S.R.P. Case Services ............................................................................................$ 50,000 Contract with the Affirmative Industries.............................................................................................................? 110,000 Contract with RCW Industries, Inc..........................................................................................f 146,000 Total Funds Budgeted .....................................................................................$ 43,726,043 Indirect DOAS Services Funding ..........................................................................? 50,000 Agency Funds....................................................................................................$30,212,420 State Funds Budgeted......................................................................................? 13,463,623 Total Positions Budgeted 806 Authorized Motor Vehicles 24 Rehabilitation Services Functional Budgets Pos. Total Funds Program Direction and Support Grants Management 50 $ 2,761,225 2 $ 561,381 Atlanta Rehabilitation Center 70 $ 2,266,077 Alto Rehabilitation Center 10 $ 307,117 Rehabilitation Center for the Deaf - Cave Spring 16 $ 461,272 Central Rehabilitation Center 19 $ 580,387 Georgia Vocational Adjustment Center Gracewood 17 $ 416,752 Ireland Rehabilitation Center 13 $ 379,422 M. S. McDonald Evaluation Center 6 $ 191,186 J. F. Kennedy Center 17 ? 470,912 Production Workshop 0 $ 1,055,031 District Field Services 564 $ 28,748,207 State Funds $ 1,161,225 $ 464,377 $ 544,443 $ 76,161 $ 110,294 $ 144,234 $ 102,859 $ 94,304 $ 46,750 $ 117,588 $ -0- $ 5,583,534 2264 JOURNAL OF THE HOUSE, Independent Living 7 $ 263,619 $ 263,619 Sheltered Employment 15 $ 1,043,955 $ 534,735 Community Facilities 0 $ 3,882,000 $ 3,882,000 Bobby Dodd Workshop 0 $ 337,500 $ 337,500 Undistributed _0 f ^i I :Qi Total 806 $ 43,726,043 $ 13,463,623 7. Roosevelt Warm Springs Rehabilitation Institute: Personal Services...............................................................................................$ 10,122,076 Regular Operating Expenses .............................................................................$ 1,713,090 Travel.........................................................................................................................$ 47,000 Motor Vehicle Equipment Purchase8...............................................................................................................$ 13,500 Publications and Printing.......................................................................................$ 15,000 Equipment Purchases..............................................................................................$ 35,480 Computer Charges ...................................................................................................$ 61,000 Real Estate Rentals .......................................................................................................$ -0- Telecommunications ........................................................................................,.....$ 163,885 Per Diem, Fees and Contracts..........................................................................! 1,263,000 Utilities ...........................................................,........................................................$ 550,000 Postage.........................................................................................,............................,! 14,300 Case Services ............................................................................................................$ 25,000 Capital Outlay ................................................................................................................$ -0- Operations.......................................................................................................................f -0- Total Funds Budgeted .....................................................................................$ 14,023,331 Indirect DOAS Services Funding ..........................................................................$ 50,000 Agency Funds ....................................................................................................$ 10,012,902 State Funds Budgeted........................................................................................! 3,960,429 Total Positions Budgeted 434 Authorized Motor Vehicles 24 Roosevelt Warm Springs Rehabilitation Institute Functional Budgets Pos. Total Funds State Funds Administration 145 $ 5,444,200 $ 2,532,366 Rehabilitation Services 289 $ 8,579,131 $ 1,428,063 Undistributed _0 $ ^ $ -0- Total 434 $ 14,023,331 $ 3,960,429 8. Georgia Factory for the Blind Budget: Personal Services.................................................................................................! 4,104,259 Regular Operating Expenses .............................................................................$ 8,090,870 Travel.........................................................................................................................! 16,500 Motor Vehicle Equipment Purchases,.........................................................................................! 82,000 Publications and Printing.........................................................................................! 8,500 Equipment Purchases...........,........................................................................................! -0- Computer Charges...................................................................................................! 66,900 Real Estate Rentals........................................................................,..............................! -0- FRIDAY, MARCH 8, 1985 2265 Telecommunications................................................................................................$ 28,000 Per Diem, Fees and Contracts ...............................................................................$ 44,200 Utilities....................................................................................................................$ 125,000 Postage.........................................................................................................................! 6,000 Capital Outlay................................................................................................................$ ^ Total Funds Budgeted .....................................................................,...............$ 12,572,229 Agency Funds ....................................................................................................$ 12,072,269 State Funds Budgeted...........................................................................................$ 499,960 Total Positions Budgeted 29 Authorized Motor Vehicles 14 Georgia Factory for the Blind Functional Budgets Pos. Total Funds State Funds Operations 11 $ 12,071,540 $ -0- Supervision 18 $ 500,689 $ 499,960 Undistributed _Q $ :P_: ! ;Pj: Total 29 $ 12,572,229 $ 499,960 9. Rehabilitation Services - Disability Adjudication Budget: Personal Services...............................................................................................! 11,176,484 Regular Operating Expenses ................................................................................$ 362,878 Travel.........................................................................................................................$ 78,098 Motor Vehicle Equipment Purchases.....................................................................................................................! -0- Publications and Printing.......................................................................................! 43,991 Equipment Purchases..............................................................................................! 21,810 Computer Charges.................................................................................................! 419,605 Real Estate Rentals ...............................................................................................$ 660,927 Telecommunications..............................................................................................! 470,559 Per Diem, Fees and Contracts..........................................................................! 1,035,076 Utilities............................................................................................................................! -0- Postage.....................................................................................................................! 325,000 Case Services .....................................................................................................$ 10,998,200 Total Funds Budgeted .....................................................................................$ 25,592,628 Agency Funds....................................................................................................! 25,592,628 State Funds Budgeted...................................................................................................! -0- Total Positions Budgeted 420 10. Family and Children Services Budget: Personal Services...............................................................................................! 11,163,164 Regular Operating Expenses ...........................................................................$ 15,926,964 Travel.......................................................................................................................! 462,000 Motor Vehicle Equipment Purchases.....................................................................................................................! -0- Publications and Printing.....................................................................................! 786,130 Equipment Purchases...................,..........................................................................! 12,160 Computer Charges ............................................................................................$ 10,694,605 Real Estate Rentals ...............................................................................................$ 198,350 Per Diem, Fees and Contracts........................................................................! 31,325,663 Telecommunications..............................................................................................! 874,200 Utilities ......................................................................................................................$ 12,200 Postage.....................................................................................................................! 942,385 2266 JOURNAL OF THE HOUSE, AFDC Benefits ................................ Grants to County DFACS - Operations .................................... WIN Benefits................................... Benefits for Child Care .................. SSI - Supplement Benefits............ Total Funds Budgeted................... Agency Funds .................................. Indirect DOAS Services Funding. Social Services Block Grant Funds ..................... State Funds Budgeted.................... Total Positions Budgeted Authorized Motor Vehicles Family and Children Services Functional Budgets Pos. Total Funds Refugee Benefits 0 $ 979,000 AFDC Payments 0 $ 218,996,525 SSI - Supplement Benefits 0 $ 1,500 Energy Benefits 0 $ 15,201,469 County DFACS Operations Social Services 0 $ 42,454,689 County DFACS Operations Eligibility 0 $ 56,092,622 County DFACS Operations Joint and Administration 0 $ 35,168,293 Food Stamp Issuance 0 $ 2,312,000 Grants to Fulton County for 24-hour Emergency Services 0 $ 225,041 Director's Office 7 $ 536,994 Administration and Management 113 $ 4,612,381 District Administration 88 $ 3,354,311 Program Planning, Development, and Training 73 $ 7,025,986 Management Information Systems 52 $ 12,893,972 Child Development Administration 27 $ 1,019,305 Indirect Cost 0 $ -0- Work Incentive Benefits 0 $ 4,399,242 ..$ 218,996,525 ..$ 133,940,645 .........$ 479,964 ....$ 17,300,108 .............$ 1,500 ..$ 443,116,563 ..$ 241,701,516 ......$ 2,339,882 ....$ 33,854,887 ..$ 165,220,278 360 112 State Funds $ -0- $ 73,604,732 $ 1,500 $ -0- $ 20,567,268 $ 27,910,825 $ 16,949,674 $ -0- 225,041 536,994 3,283,504 3,354,311 $ 3,610,826 $ 5,252,451 $ 1,019,305 $ (7,170,000) $ 439,924 FRIDAY, MARCH 8, 1985 2267 Legal Services 0 574,000 349,000 Family Foster Care 0 13,546,920 8,737,193 Institutional Foster Care 0 2,079,972 1,353,507 Specialized Foster Care 0 324,725 95,432 Adoption Supplement 0 899,030 866,705 Liability Insurance 0 28,600 28,600 Emergency Shelter Care 0 108,586 108,586 Day Care 0 19,205,600 3,650,448 Psychiatric, Psychological and Speech Therapy 0 130,000 130,000 Maternity Care 0 50,000 50,000 Return of Runaways County 0 7,000 7,000 Home Management Contracts 0 166,000 37,816 Outreach - Contracts 0 684,300 181,136 Special Projects 0 38,500 38,500 Undistributed 0 -0; -0; Total 360 443,116,563 165,220,278 Budget Unit Object Classes: Personal Services.............................................................................................$ 129,774,029 Regular Operating Expenses ...........................................................................$ 73,418,233 Travel....................................................................................................................$ 3,107,993 Motor Vehicle Equipment Purchases.............................................................................................................! 105,500 Publications and Printing..................................................................................! 1,489,256 Equipment Purchases............................................................................................? 456,283 Computer Charges............................................................................................! 15,239,396 Real Estate Rentals............................................................................................! 5,969,455 Telecommunications...........................................................................................! 3,500,642 Per Diem, Fees and Contracts........................................................................! 81,030,922 Utilities.................................................................................................................! 1,168,550 Postage..................................................................................................................! 2,126,160 Capital Outlay................................................................................................................! -0Grants for Regional Intensive Infant Care......................................................................................! 3,202,400 Grants for Regional Maternal and Infant Care..............................................................................! 1,687,000 Crippled Children Benefits ...............................................................................! 3,767,000 Crippled Children Clinics.....................................................................................! 517,572 Kidney Disease Benefits.......................................................................................! 605,000 Cancer Control Benefits.....................................................................................! 2,253,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants....................................................................................................! 4,193,000 Family Planning Benefits .....................................................................................$ 301,530 2268 JOURNAL OF THE HOUSE, Benefits for Midwifery Program..........................................................................$ 800,000 Grant-In-Aid to Counties ................................................................................$ 42,447,282 Work Incentive Benefits .......................................................................................$ 479,964 Benefits for Child Care....................................................................................$ 18,490,830 Grants for Nephrology Centers.......................,....................................................$ 245,000 Case Services .....................................................................................................$ 20,510,700 E.S.R.P. Case Services ............................................................................................$ 50,000 SSI-Supplement Benefits..........................................................................................! 1,500 AFDC Benefits ................................................................................................$ 218,996,525 Grants to County DFACS - &@&# Operations ...............................................,....................................................$ 133,940,645 Contract with Vocational Rehabilitation Community Facilities ...........................................................................................................$ 4,219,500 Contract for the Purchase of Clotting Factor for the Hemophilia Program .........................................................................................$ 100,000 Contract with the Affirmative Industries .......................................................................................$ 110,000 Institutional Repairs and Maintenance........................................................................................................$ -0- Contract with Emory University for Arthritis Research........................................................................................! 215,000 Grant for Epilepsy Program....................,..............................................................! 67,000 Grant to Grady Hospital for Cystic Fibrosis Program......................................................................................! 42,000 Contract for Scoliosis Screening.............................................................................................................! 115,000 Menninger Group Homes.....................................................................................! 387,000 Contract - Georgia Advocacy Office, Inc..........................................................................................! 215,000 Grant for Teenage Pregnancy Prevention Program...........................................................................................! 257,500 Contract - Cancer Research at Emory..............................................................................................................! 117,000 Contract - Macon-Bibb County Hospital Authority..........................................................................................! 4,000,000 Contract with RCW Industries, Inc..........................................................................................! 146,000 Grants to Counties for Metabolic Disorders Screening and Testing.........................................................................................! 45,000 Payments to DMA..............................................................................................! 4,782,801 Contract with Housing Alternatives...........................................................................................! 70,000 Contract with Auditory Educational Clinic......................................................................,.........................! 78,000 Total Positions Budgeted 4,349 B. Budget Unit: State Health Planning and Development..........................................................................................! 667.606 State Health Planning and Development Budget: Personal Services....................................................................................................! 761,356 Regular Operating Expenses.................................................,................................! 46,200 Travel...........................................................................................................................! 5,500 Publications and Printing.........................................................................................! 2,500 Equipment Purchases.........,.........................,............................................................! 3,406 FRIDAY, MARCH 8, 1985 2269 Computer Charges ...................................................................................................$ 44,000 Real Estate Rentals .................................................................................................$ 86,851 Telecommunications..............................,.................................................................$ 26,500 Per Diem, Fees and Contracts.............................................................................$ 102,764 Postage.........................................................................................................................$ 7,600 Total Funds Budgeted .......................................................................................$ 1,086,677 Indirect DOAS Services Funding ................................................................................$ -0- Agency Funds .........................................................................................................$ 419,071 State Funds Budgeted...........................................................................................$ 667,606 Total Positions Budgeted 21 Authorized Motor Vehicles 0 C. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions......................................................................................... Departmental Operations: Personal Services.............................................................................................! 279,420,712 Regular Operating Expenses ...........................................................................$ 28,663,268 Travel.......................................................................................................................! 582,420 Motor Vehicle Equipment Purchases.............................................................................................................! 600,255 Publications and Printing.......................................................................................! 69,407 Equipment Purchases.........................................................................................! 2,616,281 Computer Charges..............................................................................................! 2,696,052 Real Estate Rentals ...............................................................................................$ 491,060 Telecommunications...........................................................................................! 2,372,166 Per Diem, Fees and Contracts..........................................................................! 5,643,092 Utilities...............................................................................................................! 15,740,000 Postage.....................................................................................................................! 227,856 Capital Outlay........................................................................................................! 386,000 Authority Lease Rentals ....................................................................................$ 2,679,000 Institutional Repairs and Maintenance................................................................................................! 651,000 Grants to County-Owned Detention Centers...........................................................................................! 2,222,850 Reserve for Thomasville RYDC...........................................................................! 366,500 Reserve for Claxton RYDC ..................................................................................$ 366,500 Drug Abuse Contracts........................................................................................! 1,015,960 Day Care Centers for the Mentally Retarded........................................................................................! 55,029,399 MR Day Care Center Motor Vehicle Purchases ..............................................................................................! 662,376 Supportive Living Staff.....................................................................................! 1,504,826 Supportive Living Benefits................................................................................! 7,264,540 Georgia State Foster Grandparent/Senior Companion Program..........................................................................................! 562,960 Community Mental Health Center Services..............................................................................................! 67,545,807 Project Rescue........................................................................................................! 312,890 Project ARC ............................................................................................................$ 203,600 Project Friendship.................................................................................................! 266,700 Group Homes for Autistic Children................................................................................................! 224,428 Contract with Clayton County Board of Education for Autistic Children..................................................................................................! 68,000 2270 JOURNAL OF THE HOUSE, Uniform Alcoholism Projects ............................................................................$ 2,826,455 Child Care Benefits .................................................................................................$ 16,000 Community Mental Retardation Staff ............................................................................................$ 3,461,744 Community Mental Retardation Residential Services ......................................................................................$ 13,385,919 Lumpkin Area Individual Living, Inc. ............................................................................................................$ 27,765 Total Funds Budgeted ...................................................................................$ 500,173,788 Agency Funds ..................................................................................................I 133,235,065 Indirect DOAS Services Funding .....................................................................$ 1,625,000 Social Services Block Grant Funds .......................................................................................$ 27,721,929 State Funds Budgeted....................................................................................$ 337,591,794 Total Positions Budgeted 12,6517 12,557 Authorized Motor Vehicles 746 Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets Pos. Total Funds State Funds Georgia Regional Hospital at Augusta 504 $ 13,284,866 $ 11,359,666 Georgia Regional Hospital at Atlanta 659 $ 17,506,299 $ 14,281,299 Georgia Regional Hospital at Savannah 510 $ 13,733,889 $ 12,233,889 West Central Georgia Regional Hospital 430 $ 11,996,355 $ 10,216,546 Northwest Regional Hospital at Rome 690 $ 19,728,274 $ 14,217,228 Gracewood State School and Hospital 1,5327 1,516 $ 37,852,040 $ 22,752,040 Southwestern State Hospital 1,099 $ 27,140,454 $ 17,291,874 Georgia Retardation Center 889 $ 24,847,158 $ 13,844,896 Georgia Mental Health Institute 553 $ 17,927,413 $ 15,527,413 Central State Hospital 3,8307 $ 98,372,729 3,752 $ 69,627,647 Mental Health Community Assistance 221 $ 6,840,412 $ 6,783,512 Outdoor Therapeutic Program 40 $ 1,261,190 $ 1,261,190 Mental Retardation Community Assistance 62 $ 1,993,382 $ 1,993,382 FRIDAY, MARCH 8, 1986 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 Contract with Clayton County Board of Education for Autistic Children Project Rescue Drug Abuse Contracts Project ARC Project Friendship Community Mental Health Center Services Uniform Alcoholism Projects Central Laboratory Lumpkin Area Individual Living, Inc. State Youth Development Centers Regional Youth Development Centers Group Homes Day Centers Community Treatment Centers Court Services Runaway Investigations Interstate Compact Purchased Services 3$ 44 $ 133,072 1,462,260 0 $ 57,507,363 0 $ 8,868,688 0$ 0$ 562,960 3,606,310 0 $ 13,732,943 0$ 232,123 0$ 0$ 0$ 0$ 0$ 68,000 312,890 1,015,960 203,600 266,700 0 $ 70,041,744 0$ 6$ 2,926,058 280,279 0$ 27,765 742 $ 18,765,584 417 $ 19 $ 24 $ 13,687,535 550,616 729,283 73 $ 260 $ 15 $ 3$ 16 $ 2,035,628 7,330,577 463,456 89,437 2,480,324 2271 $ 133,072 $ 764,170 $ 24,740,812 $ 4,746,989 $ 562,960 $ 2,627,458 $ 9,064,976 $ 232,123 $ 68,000 $ 149,890 $ 1,015,960 $ 203,600 $ 266,700 $ 33,813,433 $ 2,114,632 $ -0- $ 27,765 $ 18,280,929 $ 13,400,250 $ 550,616 $ 729,283 $ 2,035,628 $ 7,330,577 $ 463,456 $ 89,437 $ 2,480,324 2272 JOURNAL OF THE HOUSE, Assessment and Classification 10 $ 308,172 $ 308,172 Undistributed ___0 $ ^i $ ;Qi Total 12,6517 $ 500,173,788 ! 337,591,794 12,557 Section 24. Department of Industry and Trade. A. Budget Unit: Department of Industry and Trade .................................................................................................$ 12,754,496 State Operations Budget: Personal Services.................................................................................................! 5,144,474 Regular Operating Expenses ................................................................................$ 718,786 Travel.......................................................................................................................$ 304,100 Motor Vehicle Equipment Purchases...............................................................................................................! 12,720 Publications and Printing.....................................................................................! 294,650 Equipment Purchases..............................................................................................! 27,100 Computer Charges .................................................................................................$ 136,260 Real Estate Rentals ...............................................................................................$ 446,415 Telecommunications. ....................................................................,..........,.............$ 161,041 Per Diem, Fees and Contracts.............................................................................! 194,150 Postage.....................................................................................................................! 150,800 Local Welcome Center Contracts........................................................................! 140,000 Advertising....................................................................,......................................! 3,000,000 Georgia Ports Authority - Authority Lease Rentals ................................................................................$ 2,735,000 Georgia Ports Authority - General Obligation Bond Payments ......................................................... ...............................................$ 5,413,213 Historic Chattahoochee Commission Contract..............................................................,...........................! 50,000 Atlanta Council for International Visitors..........................................................................................! 25,000 Waterway Development in Georgia...............,.......................................................! 50,000 Georgia Music Week Promotion............................................................................! 20,000 Georgia World Congress Center Operating Expenses...................................................................................................! -0- Contract - Georgia Association of Broadcasters.....................................................................................................! 51,500 Southern Center for International Studies...........................................................................................! 25,000 Contract - Lanier Regional Committee.............................................................................................................! 12,500 Total Funds Budgeted .....................................................................................$ 19,112,709 State Funds Budgeted......................................................................................! 12,754,496 Total Positions Budgeted 195 Authorized Motor Vehicles 21 Industry Research Department of Industry and Trade Functional Budgets Pos. Total Funds 18 ! 812,088 14 ! 524,079 State Funds $ 812,088 ! 524,079 FRIDAY, MARCH 8, 1985 2273 Tourism Promotional 27 1,294,020 1,294,020 Tourist Welcome Centers 94 2,387,934 2,242,934 Internal Administration 25 9,883,404 3,670,191 International 17 1,211,184 1,211,184 Advertising 0 3,000,000 3,000,000 Undistributed _0 -0- Total 195 $ 19,112,709 $ 12,754,496 B. Budget Unit: Authorities...........................................................................................-! ^ Administration Budget: Personal Services...............................................................................................$ 30,537,506 Regular Operating Expenses ...........................................................................? 12,869,089 Travel.......................................................................................................................$ 524,088 Motor Vehicle Equipment Purchases.....................................................................................................................$ -0- Publications and Printing.....................................................................................$ 154,919 Equipment Purchases..............................................................................................$ 50,000 Computer Charges .................................................................................................$ 532,856 Real Estate Rentals ...............................................................................................$ 109,343 Telecommunications..............................................................................................? 414,856 Per Diem, Fees and Contracts ..........................................................................$ 1,667,740 G.O. Bonds and Lease Rentals - G.P.A. ..............................................................................................$ 7,233,576 Other Debt Service Payments - G.P.A. .............................................................................................$ 820,000 Capital Outlay - Internal Operations - G.P.A..........................................................................................? 4,373,713 Atlanta Convention and Visitors Bureau - G.W.C.C. ......................................................................................?_ ^ Total Funds Budgeted .....................................................................................$ 59,287,686 State Funds Budgeted...................................................................................................$ -0- Total Positions Budgeted 995 Authorized Motor Vehicles 37 Authorities Functional Budgets Pos. Total Funds State Funds Georgia World Congress Center 215 $ 10,416,126 $ -0- Georgia Ports Authority 780 $ 48,871,560 $ -0- Undistributed Total _0 ^ Q 995 $ 59,287,686 $ -0- Section 25. Department of Labor. Budget Unit: Department of Labor...................................................................? 4,927,676 State Operations: Personal Services...............................................................................................? 59,499,753 Regular Operating Expenses .............................................................................$ 4,586,528 Travel....................................................................................................................? 1,186,803 Motor Vehicle Equipment Purchases.....................................................................................................................? -0Publications and Printing.......................................................................................? 44,130 2274 JOURNAL OF THE HOUSE, Equipment Purchases............................................................................................? 692,185 Computer Charges..............................................................................................? 1,872,300 Real Estate Rentals ............................................................................................$ 2,120,474 Telecommunications...........................................................................................? 1,314,855 Per Diem, Fees and Contracts (JTPA)..........................................................................................? 56,387,955 Per Diem, Fees and Contracts..........................................................................? 1,721,660 W.I.N. Grants.........................................................................................................? 260,000 Payments to Georgia General Obligation Debt Sinking Fund.........................................................................} 400.000 Total Funds Budgeted...................................................................................? 130,086,643 State Funds Budgeted........................................................................................? 4,927,676 Total Positions Budgeted 1,979 Authorized Motor Vehicles 9 Department of Labor Functional Budgets Pos. Total Funds State Funds Inspection 47 1,652,103 1,652,103 Basic Employment Work Incentive Food Stamps Job Training Partnership 1,495 82 47 230 53,843,190 4,038,654 1,326,717 66,812,257 861,851 -0-0-0- Correctional Services Undistributed 78 __0 2,413,722 2,413,722 -0- Total 1,979 130,086,643 4,927,676 Section 26. Department of Law. Budget Unit: Department of Law......................................................................| 5,992,548 Attorney General's Office Budget: Personal Services.................................................................................................? 5,311,702 Regular Operating Expenses................................................................................? 317,912 Travel.......................................................................................................................? 120,950 Motor Vehicle Equipment Purchases.........................................................................? -0- Publications and Printing..........................,............................................................? 44,491 Equipment Purchases..............................................................................................? 12,191 Computer Charges...................................................................................................? 60,000 Real Estate Rentals...............................................................................................? 314,607 Telecommunications................................................................................................? 91,982 Per Diem, Fees and Contracts...............................................................................? 45,000 Books for State Library..........................................................................................? 96,000 Capital Outlay................................................................................................................$ -Q: Total Funds Budgeted.......................................................................................? 6,414,835 State Funds Budgeted........................................................................................? 5,992,548 Total Positions Budgeted 122 Authorized Motor Vehicles 1 Section 27. Department of Medical Assistance. Budget Unit: Medicaid Services ....................................................................$ 278.386.584 Departmental Operations Budget: Personal Services.................................................................................................? 6,610,660 Regular Operating Expenses................................................................................? 163,850 FRIDAY, MARCH 8, 1985 2275 Travel.......................................................................................................................$ 131,150 Motor Vehicle Equipment Purchases................................................................................................! -0- Publications and Printing.......................................................................................! 97,400 Equipment Purchases..............................................................................................! 22,380 Computer Charges..............................................................................................! 4,483,300 Real Estate Rentals ...............................................................................................$ 771,620 Telecommunications..............................................................................................! 180,025 Per Diem, Fees and Contracts........................................................................! 10,186,000 Postage.....................................................................................................................! 150,000 Medicaid Benefits...........................................................................................! 865,519,418 Payments to Counties for Mental Health ...............................................................................................$ 10,619,200 Audits Contracts.................................................................................................! 1,456,070 Total Funds Budgeted ...................................................................................$ 900,391,073 State Funds Budgeted....................................................................................! 278,386,584 Total Positions Budgeted 230 Authorized Motor Vehicles 3 Medical Assistance Functional Budgets Pos. Total Funds State Funds Commissioner's Office 14 $ 686,641 $ 343,321 Program Management 46 $ 11,869,862 $ 1,589,414 Administration 35 $ 2,845,349 $ 869,957 Operations 49 $ 6,014,764 $ 1,559,917 Program Integrity 86 $ 2,835,839 $ 1,228,320 Benefits 0 $ 876,138,618 $ 272,795,655 Undistributed _0 $ i guilty of A TO iQfjpmfrf> nftr 33-1-9. (a) Any natural person who knowingly or willfully: (1) Makes or aids in the making of any false or fraudulent statement or repre- sentation of any material fact or thing in any written statement or certificate, in the making of an application for a policy of insurance, in the receiving of such application, or in the receiving of money for such application, for the purpose of procuring or attempting to procure the payment of any false or fraudulent claim by an insurer; (2) Receives money for the purpose of purchasing insurance and converts such money to such person's own benefit; (3) Issues fake or counterfeit insurance policies, certificates of insurance, insurance identification cards, or insurance binders; or (4) Makes any false or fraudulent representation as to the death or disability of a policy or certificate holder in any written statement or certificate for the purpose of fraudulently obtaining money or benefit from an insurer commits the crime of insurance fraud. (b) In any prosecution under this Code section, the crime shall be considered as having been committed in the county of the purported loss, in the county in which the insurer or the insurer's agent received the fraudulent or false claim or application, in the FRIDAY, MARCH 8, 1985 2321 county in which money was received for the fraudulent application, or in any county where any act in furtherance of the criminal scheme was committed. (c) (1) Except as provided in paragraph (2) of this subsection, a person convicted of a violation of subsection (a) of this Code section shall be guilty of a misdemeanor. (2) Where the claim, benefit, or money referred to in subsection (a) of this Code section exceeds an aggregate of $500.00, a person convicted of a violation of subsection (a) of this Code section shall be punished by imprisonment for not less than one nor more than five years, or by a fine of not more than $5,000.00, or both." Section 2. Said chapter is further amended by adding after Code Section 33-1-13, relating to the receiving of commissions by life or industrial life insurers, a new Code Section 33-1-14 to read as follows: "33-1-14. (a) Notwithstanding any other provision of law and except as provided in this Code section, any person, other than an authorized insurer, the state and its instrumentalities, or political subdivisions of the state and their instrumentalities, who provides coverage in this state for medical, surgical, chiropractic, physical therapy, optometry, speech pathology, podiatry, audiology, applied psychology, pharmaceutical, dental, or hospital services, whether such coverage is by direct payment, reimbursement, or otherwise, shall be presumed to be subject to the jurisdiction of the Insurance Department, unless the person shows that, while providing coverage for such services, such person is subject to the jurisdiction of an insurance supervisory official of another state or specifically subject to the exclusive jurisdiction of the federal government. (b) Any person may show that such person is subject to the jurisdiction of an insurance supervisory official of another state or specifically subject to the exclusive jurisdiction of the federal government by providing to the Commissioner the appropriate certificate, license, or document, issued by the insurance supervisory official of another state or specifically issued to such person by an appropriate official or agency of the federal government which permits such person to provide such coverages. (c) Any such person who is unable to show under subsection (b) of this Code section that such person is subject to the jurisdiction of an insurance supervisory official of another state or specifically subject to the exclusive jurisdiction of the federal government shall submit to an examination by the Commissioner to determine the organization and solvency of the person and to determine whether or not such person complies with the applicable provisions of this title. (d) Any person unable to show under subsection (b) of this Code section that such person is subject to the jurisdiction of an insurance supervisory official of another state or specifically subject to the exclusive jurisdiction of the federal government shall be subject to all appropriate provisions of this title regarding the conduct of such person's business. (e) (1) Any production agency or administrator which advertises, sells, transacts, or administers the coverage in this state described in subsection (a) of this Code section and which is required to submit to an examination by the Commissioner under subsection (c) of this Code section shall, if said coverage is not fully insured or otherwise fully covered by an authorized insurer, advise every purchaser, prospective purchaser, and covered person of such lack of insurance or other coverage. (2) Any administrator which advertises or administers the coverage in this state described in subsection (a) of this Code section and which is required to submit to an examination by the Commissioner under subsection (c) of this Code section shall advise any production agency of the elements of the coverage, including the amount of 'stop-loss' insurance in effect. (f) As used in this Code section, the term 'authorized insurer' means any insurer authorized to sell accident and sickness policies, subscriber contracts, certificates, or agreements of any form under Chapter 15, 18, 19, 20, 21, 29, or 30 of this title." Section 3. Section 1 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without his approval. Section 2 of this Act shall become effective on July 1, 1985. Section 4. All laws and parts of laws in conflict with this Act are repealed. 2322 JOURNAL OP THE HOUSE, An amendment, offered by Representative Ware of the 77th, was read and withdrawn. The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams.M Aiken Alford Y Alien Y Anderson Argo Athon Y Atkins YAuten Y Bailey Balkcom Bannister Bargeron Baraett.B Y Barnett.M Beck Benefield Benn Birdsong Bishop Bolster YBostick Y Branch Bray Brooks Brown.G Y BrownJ Buck Burruss Byrd Y Carter Chambless Y Chance Y Cheeks Y Childen YChilds YClark.B Clark.L Y Colbert Y Coleman Colwell Connell Cooper YCopelan Couch COT Y Crawibrd Y Crosby Y Cununings Daugherty Davis Dean YDiion Dobbs Y Dover Dunn Y Edwards Evans Y Felton Foster Galer Godbee Y Goodwin Greene YGreer Y Groover Y Hamilton Y Manner Hasty YHays Heard Hill Y Holcomb Y Holmes Hooks Home Y Hudson Ylsakson Y JacksonJ Jackson,N YJamieson Y Johnson.D Y Johnsonf Johnson.R Y Johnson,S YKilgore Y Kingston Lane,D Lane.R Lawler Y Lawrence YLawson YLee,C YLee,W Under Logan Long YLord Lucaa Y Lupton Y Maddoi YMangum Martin.C Y MartinJ Y Matthews Y McDonald McKelvey McKinney YMilam Milford Y Moody Y Moore YMorton Mostiler Y Moultrie Y MueUer Y Oliver.C 01iver,D Y Padgett Pannell Parham Parrish Patten Peters Pettit Phillips Pinks ton Y Porter Rainey Ramsey.T YRamsey.V Randall Y Ransom YRay Y Reaves Y Redding Richardson Y Robuwon.C Y Robinson,? Roes Y Royal Y Russell YSelman Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Smith,T Smyre Y Stancil Y Steinberg Thomas.C Y Thomas,M Thompson Y Townsend Y Triplett Twiggs Y Waddle Y Waldrep Walker.C Walker,L Y Wall YWare Watson Y Watts Y White Y Wilder Y Wuliams,B WUliams,J Williams.R Wilson YWood Workman Y Yeargin Young Murphy,Spkr On the passage of the Bill, by substitute, the ayes were 94, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Williams of the 6th stated that he had been called from the floor during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 74. By: Representatives Groover of the 99th and Birdsong of the 104th: A BILL to amend Code Section 15-9-2 of the Official Code of Georgia Annotated, relating to eligibility of judges of the probate courts and restrictions on serving in a fiduciary capacity, so as to specify the qualifications for the office of judge of the probate court; and for other purposes. The following Senate substitute was read: FRIDAY, MARCH 8, 1985 2323 A BILL To amend Code Section 15-9-2 of the Official Code of Georgia Annotated, relating to eligibility of judges of the probate courts and restrictions on serving in a fiduciary capacity, so as to specify the qualifications for the office of judge of the probate court; to preserve an exception to certain qualifications; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-9-2 of the Official Code of Georgia Annotated, relating to eligibility of judges of the probate courts and restrictions on serving in a fiduciary capacity, is amended by striking in its entirety said Code section, which reads as follows: "15-9-2. (a) The eligibility and disabilities of the judge of the probate court, aside from those specified in the Constitution, are the same as those of the clerks of the superior courts for their offices. (b) The judge of the probate court cannot, during his term of office, be executor, administrator, or guardian, or other agent of a fiduciary nature required to account to his court. When any person holding such trust is elected judge of the probate court, his letters and powers immediately abate upon his qualification. However, a judge of the probate court may be an administrator, guardian, or executor in a case where the jurisdiction belongs to another county or in a special case where he is allowed by law and required to account to the judge of the probate court of another county. (c) In all counties of this state which have a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, a chief deputy clerk of the probate court having served as chief deputy clerk for more than two years shall be eligible to fill a vacancy in the office of probate judge for the remainder of the unexpired term without regard to whether such chief deputy clerk meets any residency requirements otherwise imposed by law if the chief deputy clerk becomes a resident of the county before taking office as probate judge. Any probate judge taking office as authorized by the preceding sentence shall thereafter be eligible to succeed himself or herself so long as he or she remains a resident of the county.", and substituting in lieu thereof a new Code Section 15-9-2 to read as follows: "15-9-2. (a) (1) Except as otherwise provided in subsection (c) of this Code section, no person shall be eligible to offer for election to or hold the office of judge of the probate court unless the person: (A) Is a citizen of the United States; (B) Is a resident of the county in which the person seeks the office of judge of the probate court for at least two years prior to qualifying for election to the office and remains a resident of such county during the term of office; (C) Is a registered voter; (D) Has attained the age of 25 years prior to the date of qualifying for election to the office, but this subparagraph shall not apply to any person who was holding the office of judge of the probate court on July 1, 1981; (E) Has obtained a high school diploma or its recognized equivalent; and (F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States. (2) Each person offering as a candidate for the office of judge of the probate court shall file an affidavit with the clerk of the superior court of the county in which the person is seeking office prior to or at the time of qualifying as a candidate. The affidavit shall affirm that the person meets all the qualifications required by subparagraphs (A), (C), (D), (E), and (F) of paragraph (1) of this subsection and either subparagraph (B) of paragraph (1) of this subsection or subsection (c) of this Code section. (b) The judge of the probate court cannot, during his term of office, be executor, administrator, or guardian, or other agent of a fiduciary nature required to account to his court. When any person holding such trust is elected judge of the probate court, his letters and powers immediately abate upon his qualification. However, a judge of the 2324 JOURNAL OF THE HOUSE, probate court may be an administrator, guardian, or executor in a case where the jurisdiction belongs to another county or in a special case where he is allowed by law and required to account to the judge of the probate court of another county. (c) In all counties of this state which have a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, a chief deputy clerk of the probate court having served as chief deputy clerk for more than two years shall be eligible to fill a vacancy in the office of probate judge for the remainder of the unexpired term without regard to whether such chief deputy clerk meets any residency requirements otherwise imposed by law if the chief deputy clerk becomes a resident of the county before taking office as probate judge. Any probate judge taking office as authorized by the preceding sentence shall thereafter be eligible to succeed himself or herself so long as he or she remains a resident of the county." Section 2. All laws and parts of laws in conflict with this Act are repealed. Representative Groover of the 99th moved that the House agree to the Senate substitute to HB 74. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams.M Y Aiken Alford Alien Y Anderson Y Argo Athon Y Atkins Y Auten Y Bailey Balkcom Bannister Bargeron Y Bamett,B Y Barnett,M YBeck Benefield YBenn Birdsong Bishop Bolster Bostick Y Branch YBray Brooks Brown.G Y Brown,J Buck Y Burruss Byrd Carter Chambless Y Chance Y Cheeks Y Childers Y CMds Y Clark.B Clark,L Y Colbert Y Coleman Colwell Connell Cooper Y Copelan Couch Coi Y Crawford Y Crooby Y Cummings Daugherty Davis Dean Y Dixon Dobbs Y Dover Dunn Y Edwards Y Evans Y Felton Foster Galer YGodbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Y Manner Y Hasty YHays Heard Hill Y Holcomb Holmes Hooks Y Home Y Hudson Isakson Y Jackson.J Jackson,N Y Jamieson Y Johnson.D Y Johnson.F Y Johnon,R Y Johnson.S YKilgore Y Kingston Lane.D Lane,R Lawler Y Lawrence YLawson YLee,C YLee,W Under YLogan Long YLord Lucas Y Lupton Y Maddoi Y Mangum Martin.C YMartin.J Y Matthews Y McDonald On the motion, the ayes were 111, nays 0. The motion prevailed. McKelvey McKinney YMilam Milford Y Moody Y Moore YMorton Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Pannell Parham Parrish Patten Y Peters Pettit Phillips Pinkston Y Porter YRainey Y Ramsey.T YRamsey.V Randall Y Ransom YRay Y Reaves Y Redding Richardson Y Robinson,C Y Robinson,P YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,P Smith.T Smyre Y Stancil Y Steinberg Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplett Twiggs Y Waddle Y Waldrep Walker.C Walker,L Y Wall Ware Y Watson Y Watte White Y Wilder Y Williams.B Williams,J Y Williams,R Y Wilson Y Wood Workman Y Yeargin Young Murphy.Spkr Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: SB 86. By: Senator Deal of the 49th: A BILL to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to granting of bail to persons FRIDAY, MARCH 8, 1985 2325 charged with criminal offenses, so as to provide that the superior court may delegate to the magistrate court the authority to grant bail for certain offenses otherwise bailable only before a judge of superior court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Aaron Adams,G Y Adams.M Y Aiken Alford Y Alien Y Anderson YArgo Athon Atkins Y Auten Y Bailey Balkcom Bannister Bargeron Y Barnett,B Barnett.M YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Brooks Brown,G Y Brown,J Buck Y Burruss Byrd Y Carter Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Clark,L Y Colbert Y Coleman Y Colwell Connell Cooper Y Copelan Couch Cox Y Crawford Y Crosby Y Cummings Daugherty Davis Dean Diion Dobbs Y Dover Dunn Y Edwards Y Evans Y Felton Foster Galer YGodbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Y Banner Y Hasty YHays Y Heard Hill Y Holcomb Y Holmes Hooks Y Home Y Hudson Y Isakson Y Jackson.J Jackson,N Y Jamieson Y JohnsonJ) Y Johnson.F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston Lane.D Lane,R Lawler Y Lawrence Y Lawson YLee,C YLee.W Y Linder YLogan Long YLord Lucas Y Lupton Y Maddoi Y Mangum Martin.C Martin,J Y Matthews McDonald McKelvey McKinney YMilam Milford Y Moody Y Moore Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Pannell YParham Y Parrish Patten Y Peters Pettit Phillips Pinkston Y Porter YRainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Redding Richardson Y Robinson,C Y Robinson,P YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,P Smith.T Smyre Y Stancil Y Steinberg Thomas.C Thomas,M Y Thompson Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker,L YWall Ware Y Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Wilson Y Wood Workman Y Yeargin Young Murphy,Spkr On the passage of the Bill, the ayes were 114, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Morton of the 47th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 4. By: Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, and Benefield of the 72nd: A BILL to amend an Act providing appropriations for the State Fiscal Year 1984-85 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 1984-85; and for other purposes. The following report of the Committee of Conference was read: 2326 JOURNAL OF THE HOUSE, COMMITTEE OF CONFERENCE REPORT ON HB 4 The Committee of Conference on HB 4 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 4 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable Terrell A. Starr Senator, 44th District /s/Honorable Al Holloway Senator, 12th District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Lauren McDonald, Jr. Representative, 12th District /s/Honorable A. L. Burruss Representative, 20th District /s/Honorable Joseph E. Kennedy Senator, 4th District /s/Honorable L. L. Phillips Representative, 120th District A BILL To amend an Act providing appropriations for the State Fiscal Year 1984-85 known as the "General Appropriations Act," approved April 6, 1984 (Ga. L. 1984, p. 1502), as amended by an Act approved January 29, 1985 (Act No. 4, HB 1) and an Act approved February 18, 1985 (Act No. 26, HB 475), so as to change certain appropriations for the State Fiscal Year 1984-85; to make language and other changes; 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) An Act providing appropriations for the State Fiscal Year 1984-85 known as the "General Appropriations Act," approved April 6, 1984 (Ga. L. 1984, p. 1502), as amended by an Act approved January 29, 1985 (Act No. 4, HB 1) and an Act approved February 18, 1985 (Act No. 26, HB 475), is amended by striking from Section 10 (on page 7, lines 5 and 6, of said amendatory Act approved January 29, 1985 (Act No. 4, HB 1, hereafter referred to as "said 1985 Act No. 4")) the following: "A. Budget Unit: Department of Administrative Services................................................................................! 32,749,793", and inserting in lieu thereof the following: "A. Budget Unit: Department of Administrative Services................................................................................$ 30,999,793". (b) Said Act is further amended by striking from the Budget Unit A Departmental Administration Budget in Section 10 (on page 8, lines 1, 2, and 3, of said 1985 Act No. 4) the following: "Direct Payments to Georgia Building Authority for Capital Outlay ...................................................................................................$ 1,340,000", and inserting in lieu thereof the following: "Direct Payments to Georgia Building Authority for Capital Outlay ..............................................................................................................$ -0-". (c) Said Act is further amended by striking from the Budget Unit A Departmental Administration Budget in Section 10 (on page 8, lines 4, 5, and 6, of said 1985 Act No. 4) and from the Budget Unit A object classes in Section 10 (on page 15, lines 18, 19, and 20, of said 1985 Act No. 4) the following: "Direct Payments to Georgia Building Authority for Operations.............................................................................................................$ 807,220", and inserting in lieu thereof in each of said places the following: FRIDAY, MARCH 8, 1985 2327 "Direct Payments to Georgia Building Authority for Operations .............................................................................................................$ 397,220". (d) Said Act is further amended by striking from the Budget Unit A Departmental Administration Budget in Section 10 (on page 8, lines 14 and 15, of said 1985 Act No. 4) the following: "Total Funds Budgeted ......................................................................................$ 4,836,856 State Funds Budgeted .........................................................................................$ 4,836,856", and inserting in lieu thereof the following: "Total Funds Budgeted ......................................................................................$ 3,086,856 State Funds Budgeted .........................................................................................$ 3,086,856". (e) Said Act is further amended by striking from the Budget Unit A object classes in Section 10 (on page 15, lines 12, 13, and 14, of said 1985 Act No. 4) the following: "Direct Payments to Georgia Building Authority for Capital Outlay ...................................................................................................$ 1,355,000", and inserting in lieu thereof the following: "Direct Payments to Georgia Building Authority for Capital Outlay ........................................................................................................$ 15,000". (f) Said Act is further amended by striking from the Georgia Building Authority Budget in Section 10 (on page 17, line 14, of said 1985 Act No. 4) the following: "Capital Outlay .......................................................................................................$ 2,990,000", and inserting in lieu thereof the following: "Capital Outlay .......................................................................................................$ 1,240,000". (g) Said Act is further amended by striking from the Georgia Building Authority Budget in Section 10 (on page 17, line 22, of said 1985 Act No. 4) the following: "Total Funds Budgeted .......................................................................................$ 26,746,177", and inserting in lieu thereof the following: "Total Funds Budgeted .......................................................................................$ 24,996,177". Section 2. (a) Said Act is further amended by striking from Section 13 (on page 22, lines 8 and 9, of said 1985 Act No. 4) the following: "A. Budget Unit: Department of Community Affairs .........................................................................................$ 6,161,697", and inserting in lieu thereof the following: "A. Budget Unit: Department of Community Affairs .......................................................................................$ 26,218,697". (b) Said Act is further amended by striking from the Budget Unit A State Oper- ations Budget in Section 13 (on page 22, line 25, of said 1985 Act No. 4) the following: "Local Assistance Grants.......................................................................................$ 1,177,480", and inserting in lieu thereof the following: "Local Assistance Grants.......................................................................................$ 1,234,480". (c) Said Act is further amended by striking from the Budget Unit A State Oper- ations Budget in Section 13 (on page 23, lines 1 and 2, of said 1985 Act No. 4) the following: "Payment to Georgia Development Authority .......................................................................................I 350,000", and inserting in lieu thereof the following: "Payment to Georgia Development Authority..................................................................................! 20,350,000". (d) Said Act is further amended by striking from the Budget Unit A State Oper- ations Budget in Section 13 (on page 23, line 3, of said 1985 Act No. 4) the following: "Total Funds Budgeted .......................................................................................$ 98,897,337", and inserting in lieu thereof the following: "Total Funds Budgeted .....................................................,,..............................$ 118,954,337". (e) Said Act is further amended by striking from the Budget Unit A State Oper- ations Budget in Section 13 (on page 23, line 4, of said 1985 Act No. 4) the following: 2328 JOURNAL OF THE HOUSE, "State Funds Budgeted .........................................................................................$ 6,161,697", and inserting in lieu thereof the following: "State Funds Budgeted .......................................................................................$ 26,218,697". (f) Said Act is further amended by adding at the end of Budget Unit A in Section 13 (on page 23, after line 30 of said 1985 Act No. 4) the following: "The State fund appropriation in this section is in contemplation of the use of $12,500,000 from the Revenue Shortfall Reserve for the purpose of financing the construction of water and sewer projects, through loans to local governments by the Georgia Development Authority." Section 3. (a) Said Act is further amended by striking from Section 23 (on page 49, lines 16 and 17, of said 1985 Act No. 4) the following: "A. Budget Unit: Departmental Operations ....................................................................................................$ 267,187,190", and inserting in lieu thereof the following: "A. Budget Unit: Departmental Operations ....................................................................................................$ 267,167,190". (b) Said Act is further amended by striking from the Budget Unit A Services to the Aged Budget in Section 23 (on page 57, line 23, of said 1985 Act No. 4) the following: "Per Diem, Fees and Contracts..........................................................................! 22,929,371", and inserting in lieu thereof the following: "Per Diem, Fees and Contracts..........................................................................! 22,909,371". (c) Said Act is further amended by striking from the Budget Unit A Services to the Aged Budget in Section 23 (on page 57, line 27, of said 1985 Act No. 4) the following: "Total Funds Budgeted .......................................................................................$ 27,796,299", and inserting in lieu thereof the following: "Total Funds Budgeted .............................................................................,.........$ 27,776,299". (d) Said Act is further amended by striking from the Budget Unit A Services to the Aged Budget in Section 23 (on page 57, line 31, of said 1985 Act No. 4) the following: "State Funds Budgeted .........................................................................................$ 5,910,177", and inserting in lieu thereof the following: "State Funds Budgeted .........................................................................................$ 5,890,177". (e) Said Act is further amended by striking from the Budget Unit A object classes in Section 23 (on page 64, line 32, of said 1985 Act No. 4) the following: "Per Diem, Fees and Contracts..........................................................................! 76,475,122", and inserting in lieu thereof the following: "Per Diem, Fees and Contracts..........................................................................! 76,455,122". Section 4. (a) Said Act is further amended by striking from Section 23 (on page 71, lines 14 through 17, of said 1985 Act No. 4) the following: "C. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions...................................................................................................! 306,849,860", and inserting in lieu thereof the following: "C. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions...................................................................................................! 306,637,860". (b) Said Act is further amended by striking from the Budget Unit C Departmental Operations in Section 23 (on page 71, line 32, of said 1985 Act No. 4) the following: "Capital Outlay .......................................................................................................$ 1,739,717", and inserting in lieu thereof the following: "Capital Outlay .......................................................................................................$ 1,564,717". (c) Said Act is further amended by striking from the Budget Unit C Departmental Operations in Section 23 (on page 72, lines 27 and 28, of said 1985 Act No. 4) the following: "Community Mental Retardation FRIDAY, MARCH 8, 1985 2329 Residential Services........................................................................................$ 12,290,516", and inserting in lieu thereof the following: "Community Mental Retardation Residential Services........................................................................................? 12,253,516". (d) Said Act is further amended by striking from the Budget Unit C Departmental Operations in Section 23 (on page 72, line 31, of said 1985 Act No. 4) the following: "Total Funds Budgeted .....................................................................................$ 460,296,584", and inserting in lieu thereof the following: "Total Funds Budgeted .....................................................................................$ 460,084,584". (e) Said Act is further amended by striking from the Budget Unit C Departmental Operations in Section 23 (on page 73, line 3, of said 1985 Act No. 4) the following: "State Funds Budgeted .....................................................................................$ 306,849,860", and inserting in lieu thereof the following: "State Funds Budgeted .....................................................................................$ 306,637,860". (f) Said Act is further amended by adding at the end of Section 23 (on page 77, after line 31 of said 1985 Act No. 4) the following: "Northwest Regional Hospital is authorized to utilize up to $465,000 of available funds for a therapies unit." Section 5. (a) Said Act is further amended by striking from Section 29 (on page 87, lines 19 and 20, of said 1985 Act No. 4) the following: "A. Budget Unit: Department of Natural Resources........................................................................................................! 52,745,891", and inserting in lieu thereof the following: "A. Budget Unit: Department of Natural Resources........................................................................................................! 52.767,891". (b) Said Act is further amended by striking from the Budget Unit A Internal Admin- istration Budget in Section 29 (on page 88, lines 1 and 2, of said 1985 Act No. 4) the following: "Payments to Lake Lanier Islands Development Authority.......................................................................................! 877,000", and inserting in lieu thereof the following: "Payments to Lake Lanier Islands Development Authority.......................................................................................! 899,000". (c) Said Act is further amended by striking from the Budget Unit A Internal Admin- istration Budget in Section 29 (on page 88, line 6, of said 1985 Act No. 4) the following: "Total Funds Budgeted.........................................................................................! 5,720,730", and inserting in lieu thereof the following: "Total Funds Budgeted .........................................................................................$ 5,742,730". (d) Said Act is further amended by striking from the Budget Unit A Internal Admin- istration Budget in Section 29 (on page 88, line 11, of said 1985 Act No. 4) the following: "State Funds Budgeted .........................................................................................$ 5,338,480", and inserting in lieu thereof the following: "State Funds Budgeted .........................................................................................$ 5,360,480". Section 6. Said Act is further amended by striking Section 43 in its entirety and by inserting in lieu thereof a new Section 43 to read as follows: "Section 43. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) .............................................................................| 105.659,225 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) ..................................................................................| 44,916,050 Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,408,000 is specifically appropriated for the purpose of 2330 JOURNAL OF THE HOUSE, financing the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Georgia Sports Hall of Fame Board, through the issuance of not more than $5,500,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $3,120,000 is specifically appropriated for the purpose of financing the replacement of the Talmadge Memorial Bridge of the Department of Transportation near Savannah, Georgia, (by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith), through the issuance of not more than $26,000,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,300,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems by means of a program of asbestos abatement in such facilities (including, without limitation, the design of plans and specifications, demolition, removal, encapsulation, containment, renovation, construction, reconstruction, improving, equipping, disposal, and testing), to be administered by the Georgia Department of Education, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $260,000 is specifically appropriated for the purpose of financing a program of asbestos abatement in facilities of the Department of Offender Rehabilitation, (including, without limitation, the design of plans and specifications, demolition, removal, encapsulation, containment, renovation, construction, reconstruction, improving, equipping, disposal, and testing), through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,235,000 is specifically appropriated for the purpose of financing a program of renovation and of asbestos abatement by the Georgia Building Authority in its facilities and in the State Capitol (including, without limitation, the design of plans and specifications, demolition, removal, encapsulation, containment, renovation, construction, reconstruction, improving, equipping, disposal, and testing), through the issuance of not more than $4,750,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $130,000 is specifically appropriated for the purpose of financing the construction of a Regional Youth Development Center for the Department of Human Resources in DeKalb County (by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith) through the issuance of not more than $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, $1,163,150 is specifically appropriated for the purpose of financing the expansion of facilities under the control of the Georgia Ports Authority (by acquisition, construction, development, extension, enlargement and improvement of land, water, property, highways, buildings, structures, equipment and facilities both real and personal, necessary or useful in connection therewith, of and for the Authority) through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $4,413,950 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for FRIDAY, MARCH 8, 1985 2331 the Georgia Public Safety Training Center established, operated and maintained by the Board of Public Safety in Monroe County, Georgia, through the issuance of not more than $17,710,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $10,270,975 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Georgia Department of Offender Rehabilitation, through the issuance of not more than $41,210,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,246,175 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Georgia Department of Labor through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $498,475 is specifically appropriated for the purpose of financing the purchase and installation of equipment for the Georgia Department of Administrative Services (by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities both real and personal, necessary or useful in connection therewith, of and for the Department), through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $697,875 is specifically appropriated for the purpose of financing a State records processing and storage facility of Georgia Building Authority for assignment of administrative space by the Department of Administrative Services (including the acquisition, construction, development, demolition, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith), through the issuance of not more than $2,800,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,121,575 is specifically appropriated for the purpose of financing the renovation of the Old State Office Building of Georgia Building Authority, 17 Capitol Square in Atlanta, Georgia, (by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith), through the issuance of not more than $4,500,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $224,325 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Georgia Department of Agriculture through the issuance of not more than $900,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,352,100 is specifically appropriated for the purpose of financing the renovation, construction, development, extension, enlargement, improvement, reconstruction and equipping of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the State Board of Regents of the University System, through the issuance of not more than $5,425,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,492,350 is specifically appropriated for the purpose of 2332 JOURNAL OF THE HOUSE, financing educational facilities for county and independent school systems hy means of a program of asbestos abatement in such facilities (including, without limitation, the design of plans and specifications, demolition, removal, encapsulation, containment, renovation, construction, reconstruction, improving, equipping, disposal, and testing), to be administered by the Georgia Department of Education, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $9,969,400 is specifically appropriated for the purpose of financing a highway construction program of the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, improvement, reconstruction and resurfacing of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $40,000,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,268,050 is specifically appropriated for the purpose of financing the renovation of the Boone Building at Central State Hospital of the Department of Human Resources in Baldwin County and financing the correction and renovation of the heating, venting and air conditioning system and other facilities of Northwest Georgia Regional Hospital of the Department of Human Resources in Floyd County (by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith), through the issuance of not more than $9,100,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,744,650 is specifically appropriated for the purpose of financing a parking facility of the Georgia Building Authority on the 'Old Incinerator' site acquired by the State of Georgia from the City of Atlanta in Fulton County, Georgia, (including the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith), through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt." Section 7. Said Act is further amended by striking Section 59 in its entirety and inserting in lieu thereof a new Section 59 to read as follows: "Section 59. TOTAL STATE FUND APPROPRIATIONS State F.Y. 1985 ..................................................................................................$4,364,827,675." Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 9. All laws and parts of laws in conflict with this Act are repealed. Representative Burruss of the 20th moved that the House adopt the report of the Committee of Conference on HB 4. On the motion, the roll call was ordered and the vote was as follows: Aaron Adams.G Y Adams.M Aiken Alford Y Alien Y Anderson YArgo Athon Atkins Y Auten Y Bailey Y Balkcom Bannister Bargeron Y Barnett,B Y Barnett.M Y Beck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Bostick Y Branch Y Bray Brooks Brown.G Y Brown,J Buck Y Burruss Byrd Y Carter Chambless Y Chance Y Cheeks Y Childers Childs Y Clark.B Clark,L Y Colbert Y Coleman Y Colwell Y Connell Cooper Y Copelan Couch Cox Y Crawford Y Crosby Y Cummings Daugherty Davis Dean Dixon Y Dobbs Y Dover Dunn Y Edwards Evans FRIDAY, MARCH 8, 1985 2333 Y Felton Y Foster Galer Y Godbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Y Hanner Y Hasty YHays Y Heard Hill Y Holcomb Y Holmes Hooks Home Y Hudson Y Isakson Y Jackson.J Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston YLane,D Lane,R Y Lawler Y Lawrence Y Lawson Y Lee,C YLee.W Y Under YLogan Long YLord Lucas Y Lupton Y Maddoi Y Mangum Martin.C Y Martin,J Y Matthews Y McDonald McKelvey McKinney Milam Milford Y Moody Y Moore Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Pannell YParham YParriah Patten Y Peters Y Pettit Phillips Pinkston Y Porter YRainey YRamsey.T On the motion, the ayes were 122, nays 1. The motion prevailed. YRamsey.V Randall Y Ransom YRay Y Reaves Y Redding Richardson Y Robinson.C Y Robinson.P YRoss Y Royal Y Russell YSelman Y Shepard N Sherrod Y Sinkfield Y Sizeroore Y Smith,L Y Smith,P Smith,T Smyre Y Stancil Y Steinberg Thomas.C Thomas.M Y Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Watts White Y Wilder Y Williams,B Y WUliams,J Y Williams,R Y Wilson YWood Workman Y Yeargin Young Murphy,Spkr Representative Morton of the 47th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Sherrod of the 143rd stated that he had inadvertently voted "nay" on the preceding roll call. He intended to vote "aye" thereon. The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon: SB 170. By: Senator Greene of the 26th: A BILL to amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions for medical malpractice, so as to change the provisions relating to limitations of actions for medical malpractice; to change the general limita- tion; to repeal the limitation relative to foreign objects left in the body; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON SB 170 The Committee of Conference on SB 170 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 170 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable Richard L. Greene Senator, 26th District /s/Honorable Roy E. Barnes Senator, 33rd District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Warren D. Evans Representative, 84th District /s/Honorable Denmark Groover, Jr. Representative, 99th District /s/Honorable Donn M. Peevy Senator, 48th District /s/Honorable Tommy Chambless Representative, 133rd District 2334 JOURNAL OF THE HOUSE, A BILL To amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions for medical malpractice, so as to change certain provisions relating to limitations of actions for medical malpractice; to change the general limitation; to provide for an ultimate statute of repose and abrogation; to provide for applicability of the tolling provisions of Article 5 of Chapter 3 of Title 9 to such actions for medical malpractice; to provide for conforming exceptions where foreign objects are left in the body; to provide for actions which have been or would be barred; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions for medical malpractice, is amended by striking Code Section 9-3-71, relating to the general limitation on actions for medical malpractice, which reads as follows: "9-3-71. Except as otherwise provided in this article, an action for medical malpractice shall be brought within two years after the date on which the negligent or wrongful act or omission occurred.", and inserting in lieu thereof a new Code Section 9-3-71 to read as follows: "9-3-71. (a) Except as otherwise provided in this article, an action for medical malpractice shall be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred. (b) Notwithstanding subsection (a) of this Code section, in no event may an action for medical malpractice be brought more than five years after the date on which the negligent or wrongful act or omission occurred. (c) Subsection (a) of this Code section is intended to create a two-year statute of limitations. Subsection (b) of this Code section is intended to create a five-year statute of ultimate repose and abrogation. (d) Nothing contained in subsection (a) or '(b) of this Code section shall be construed to repeal Code Section 9-3-73, which shall be deemed to apply either to the applicable statutes of limitation or repose." Section 2. Said article is further amended by striking Code Section 9-3-72, relating to limitations periods when foreign objects are left in the body, and inserting in lieu thereof a new Code Section 9-3-72 to read as follows: "9-3-72. The two-year limitation limitations of Code Section 9-3-71 shall not apply where a foreign object has been left in a patient's body, but in such a case an action shall be brought within one year after the negligent or wrongful act or omission is discovered. For the purposes of this Code section, the term 'foreign object' shall not include a chemical compound, fixation device, or prosthetic aid or device." Section 3. No action for medical malpractice which, prior to July 1, 1985, has been barred by the provisions of Title 9, relating to actions, shall be revived by this Act. No action for medical malpractice which would be barred before July 1, 1986, by the provisions of this Act but which would not be so barred by the provisions of Title 9 in force immediately prior to July 1, 1985, shall be barred until July 1, 1986. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Evans of the 84th moved that the House adopt the report of the Committee of Conference on SB 170. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams.M Y Aiken Alford Y Alien Y Anderson Y Argo Athon Y Atkins Y Auten Y Bailey Y Balkcom Bannister Bargeron Y Barnett.B Y Bainett,M Beck Benefield Benn FRIDAY, MARCH 8,1985 2335 Y Birdsong Bishop Y Bolster Y Bostick Branch YBray Y Brooks Brown.G Y Brown.J Buck YBurruss YByrd Y Carter ChamblesB Y Chance Y Cheeks Y Childers Childs Y Clark,B Clark,L Y Colbert Coleman Y Colwell Y Connell Cooper Y Copelan Couch Cox Y Crawford Y Crosby Y Cummings N Daugherty YDavis Dean Diion YDobbs Y Dover Dunn Y Edwards Y Evans Y Felton Y Foster Galer YGodbee YGoodwin Y Greene YGreer Y Groover Y Hamilton Y Manner Y Hasty YHays Heard YHill Y Holcomb Y Holmes Hooks Home Y Hudson Ylsakson Y JacksonJ Jackson,N Y Jamieson Y JohnsonJ> Y Johnsonf YJohnon,R Y Johnson^ YKUgore Y Kingston YLaneJD Lne,R Lawler Y Lawrence YLawon Lee,C YLee,W YLinder YLogan Loot YLord Lucu Y Lupton YMaddoi Y Mangum Martin,C Y MartinJ Y Matthews Y McDonald Y McKelvey McKinney Milam Milford Y Moody Y Moore YMorton Mostiler On the motion, the ayes were 122, nays 1. The motion prevailed. Y Moultrie Y MueUer Y Oliver.C Y OliverJ> YPadgett PanneU YParham YParrish Patten Y Peters Pettit Phillips Pinkston Porter YRainey YRamsey,T YRamsey.V Randall Y Ransom YRay Y Reaves Redding Richardson Y Robinson.C Y Robinson,? YRoss Y Royal Y Russell YSelman YShepard YSherrod Sinkfield Y Sizemore Y Smith.L Y Smith,P Smith,T Smyre YStancil Y Steinberg Thomas,C Thomas.M Y Thompson Y Townsend Y Triplett YTwiggs Y Waddle YWaldrep Walker.C Y Walker.L YWall Ware Y Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y WUliams,R Y Wilson Y Wood Workman Y Yeargin Young Muiphy,Spkr Representative Chambless of the 133rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time: SB 166. By: Senator Deal of the 49th: A BILL to amend Code Section 16-11-106 of the Official Code of Georgia Annotated, relating to possession of a firearm or knife during the commission of or attempt to commit certain crimes, so as to include with the list of such crimes any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute certain controlled substances and any crime involving certain trafficking of cocaine, marijuana, or illegal drugs; and for other purposes. 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,M Y Aiken Alford Y Alien Y Anderson YArgo Athon Y Atkins YAuten Y Bailey YBaJkcom Bannister Bargeron Y Barnett.B Y Barnett.M YBeck Benefield Benn Y Birdsong Bishop Bolster Y Bostick Y Branch Bray Y Brooks YBrown.G YBrownJ Buck YBurruss YByrd Y Carter Chambless Y Chance Y Cheeks Y Childers Childs Y Ckrk.B Clark,L Y Colbert Y Coleman Y Colwell Y Connell Cooper 2336 JOURNAL OF THE HOUSE, Y Copelan Couch Coi Y Crawford Y Crosby Y Cummings Y Daugherty YDavis Dean Y Dixon Y Dobbs Y Dover Dunn Y Edwards Y Evans Y Felton Y Foster Galer YGodbee Y Goodwin Greene Y Greer Y Groover Y Hamilton Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Hooks Home Y Hudson Y Isakson Y Jackson,J Jackson,N Y Jamieson Y Johnson,D Y Johnson,F Johnson.R Y Johnson.S Y Kilgore Y Kingston Y Lane.D Lane.R Lawler Y Lawrence Y Lawson Lee.C YLee,W Y Linder YLogan Long YLord Lucas Y Lupton Y Maddox Y Mangum Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Milam Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Pannell Y Parham Y Parrish Patten Y Peters Y Pettit Phillips Pinkston Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom Ray Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P Ross Y Royal Y Russell Y Selman Y Shepard Sherrod Sinkfield Y Sizemore Y Smith.L Smith,P Smith.T Smyre Y Stancil Steinberg Thomas.C Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Williams,R Y Wilson Y Wood Workman Y Yeargin Young Murphy ,Spkr On the passage of the Bill, the ayes were 122, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 6. By: Senator Kidd of the 25th: A BILL to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the period for which a mentally ill, alcoholic, or drug dependent person may be detained in an emergency receiving facility; to change certain procedures when a mentally ill, alcoholic, or drug dependent person fails or refuses to comply with involuntary outpatient service plans; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the period for which a mentally ill, alcoholic, or drug dependent person may be detained in an emergency receiving facility; to change who may prepare certain plans; to provide for length of involuntary outpatient treatment and discharge therefrom; to change certain procedures when a mentally ill, alcoholic, or drug dependent person fails or refuses to comply with involuntary outpatient service plans; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking subsection (a) of Code Section 37-3-43, relating to rights to a timely examination of mentally ill persons after emergency admission, and inserting in its place a new subsection to read as follows: "(a) A patient who is admitted to an emergency receiving facility shall be examined by a physician as soon thereafter as possible but in any event within 34 48 hours and may be given such emergency treatment as is indicated by good medical practice. The patient must be released within 24 48 hours of his admission unless: (1) The examining physician concludes that there is reason to believe that the patient may be a mentally ill person requiring involuntary treatment and executes a certificate to that effect within such time; or FRIDAY, MARCH 8, 1985 2337 (2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case a peace officer from the law enforcement agency originally having custody of the patient shall be required to assume physical custody of such patient within five days after the mailing of notification to the agency pursuant to subsection (c) of this Code section and such patient may only be released from the facility into such custody. Nothing in this chapter shall be construed to prohibit a physician who previously executed a certificate authorized by the provisions of this chapter from executing any other certificate provided for herein for the same or any other patient." Section 2. Said title is further amended by striking subsections (c) and (d) of Code Section 37-3-81, relating to detention of mentally ill patients in facilities beyond the evaluation period, and inserting in their place the following: "(c) In any case in which a patient is retained in an evaluating facility pursuant to a petition filed under subsection (a) of this Code section, the court shall hold a full and fair hearing no sooner than seven days and no later than 12 days after the petition is filed with the court. Such hearing shall be to determine whether or not the patient is a mentally ill person requiring involuntary treatment, but the hearing may be waived in writing by the patient. At such hearing, if the court does not find that the patient is a person requiring involuntary treatment, the court shall enter an order that the patient be immediately discharged. If the court finds that the patient is a mentally ill person requiring involuntary treatment, the court shall determine, based upon either the individualized service plan prepared by the facility ande* this chapter physician responsible for treatment of the patient at the facility in conjunction with and in agreement with the physician to be responsible for the outpatient care or the individualized service plan proposed by the physician chosen by the patient, whether there exists a program of treatment for the individual which does not require hospitalization. If the court finds that an alternative outpatient program exists, that such a program meets the requirements for an individualized service plan, and that, under such a program, the danger presented by the patient to himself or others can be safely controlled, then the court shall order the patient to comply with that service plan. If the court concludes from the evidence that the least restrictive alternative which would accomplish the treatment goals is hospitalization, the court shall order the patient to be transported, as provided in Code Section 37-3-101, to a treatment facility where he shall be admitted for care and treatment. If the court shall find, based upon the evidence, that the accomplishment of the treatment goals for the patient requires some limited period of hospitalization followed by treatment as an outpatient in a community mental health center, then the court may so order. (d) If the court concludes that the patient is in need of involuntary treatment, it shall make findings of fact and conclusions of law in support of that conclusion as part of its final order. The court may order the hospitalization of any patient admitted under this Code section for any period not to exceed six months, subject to the power of the chief medical officer to discharge the patient under subsection (b) of Code Section 37-3-85. If continued hospitalization is necessary at the end of that period, the chief medical officer shall apply for an order authorizing such continued hospitalization under Code Section 37-3-83. The court may order the involuntary outpatient treatment of a patient under subsection (c) of this Code section for any period not to exceed six months, but at any time that patient is found by the outpatient treating physician no longer to require involuntary outpatient treatment under the standards therefor in subsection (c) of this Code section, that physician may discharge the patient from such involuntary treatment upon giving notice thereof as provided in subsection (c) of Code Section 37-3-85." Section 3. Said title is further amended by striking Code Section 37-3-82, relating to procedures upon failure of mentally ill persons to comply with involuntary outpatient treatment plans, and inserting in its place a new Code section to read as follows: "37-3-82. (a) If at any time during a period of involuntary outpatient treatment (1) the patient fails te comply with the outpatient service pto ef {3} the physician in 2338 JOURNAL OF THE HOUSE, charge of the patient's treatment determines that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, then the treating physician er the chief medical officer of the facility may petition the court originally approving the involuntary treatment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient into custody and to deliver him forthwith to the treatment facility pending completion of a full and fair hearing as provided in this Code section. If, in the discretion of the court, such an order is issued, the chief medical officer shall submit to the court of the county in which the treatment facility is located an updated individualized service plan for the patient. Copies of such petition shall be served upon the patient and his representatives within five days after the patient is taken into custody pursuant to such order and shall be accompanied by a copy of the updated plan as provided for in paragraph (3) of subsection (a) of Code Section 37-3-81 and those items required by paragraphs (1), (2), (4), and (5) of subsection (a) of Code Section 37-3-81. No sooner than ten days and no later than 15 days after the patient is taken into custody, a full and fair hearing shall be held in the court of the county in which the treatment facility is located to determine whether or not the patient should be hospitalized and the court may issue any order authorized under subsection (c) of Code Section 37-3-81, subject to the limitations in subsection (d) of Code Section 37-3-81. (b) If at any time during a period of involuntary outpatient treatment the patient fails or refuses to comply with the outpatient service plan, the physician in charge of the outpatient service plan or that physician's designee may petition the court originally approving the involuntary treatment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient and immediately deliver the patient to the community mental health center in charge of the patient's outpatient treatment plan, if a physician is available there to examine the patient, or to the nearest emergency receiving facility serving the county in which the patient is found. If in the discretion of the court such an order is issued, the patient shall be delivered to the facility specified in the order, shall be examined by a physician at that facility, and may be given such emergency or other medical treatment as is indicated by good medical practice. The patient must be released from the custody of the examining facility within four hours after being taken into custody unless the examining physician concludes that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, and unless within those four hours that physician petitions the court, which court issued the order requiring the patient be brought for examination, for an order requiring the patient to be transported to a treatment facility pending completion of a full and fair hearing. If the physician's petitionedfor order is issued, the patient shall be transported, as provided in Code Section 37-3-101, to the treatment facility within eight hours after first being taken into custody. The procedures regarding a patient so ordered to a treatment facility shall thereafter be as provided in subsection (a) of this Code section for patients so ordered. If the physician's petitioned-for order is not issued within eight hours after the patient is first taken into custody, the patient shall be released immediately from custody, but such release shall in no way affect any order requiring involuntary outpatient treatment of the patient." Section 4. Said title is further amended by striking subsection (a) of Code Section 37-7-43, relating to rights to a timely examination of alcoholic and drug dependent individuals after emergency admission, and inserting in its place a new subsection to read as follows: "(a) A patient who is admitted to an emergency receiving facility shall be examined by a physician as soon thereafter as possible but in any event within 24 48 hours and may be given such emergency treatment as is indicated by good medical practice. The patient must be released within 34 48 hours of his admission unless: (1) The examining physician concludes that there is reason to believe that the patient may be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and executes a certificate to that effect within such time; or FRIDAY, MARCH 8, 1985 2339 (2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case a peace officer from the law enforcement agency originally having custody of the patient shall be required to assume physical custody of such patient within five days after the mailing of notification to the agency pursuant to subsection (c) of this Code section and such patient may only be released from the facility into such custody. Nothing in this chapter shall be construed to prohibit a physician who previously executed a certificate authorized by the provisions of this chapter from executing any other certificate provided for herein for the same or any other patient." Section 5. Said title is further amended by striking subsections (c) and (d) of Code Section 37-7-81, relating to the detention of alcoholic and drug dependent individuals in facilities beyond the evaluation period, and inserting in their place the following: "(c) In any case in which a patient is retained in an evaluating facility pursuant to a petition filed under subsection (a) of this Code section, the court shall hold a full and fair hearing no sooner than seven days and no later than 12 days after the petition is filed with the court. Such hearing shall be to determine whether or not the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, but the hearing may be waived in writing by the patient. At such hearing, if the court does not find that the patient is a person requiring involuntary treatment, the court shall enter an order that the patient be immediately discharged. If the court finds that the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, the court shall determine, based upon either the individualized treatment plan prepared by the facility ndr this chapter physician responsible for treatment of the patient at the facility in conjunction with and in agreement with the physician to be responsible for the outpatient care or the individualized treatment plan proposed by the physician chosen by the patient, whether there exists a program of treatment for the individual which is an alternative to hospitalization. If the court finds that an alternative outpatient program exists, that such a program meets the requirements for an individualized treatment plan, and that, under such a program, the danger presented by the patient to himself or others can be safely controlled, then the court shall order the patient to comply with the treatment plan. If the court concludes from the evidence that the least restrictive alternative which would accomplish the treatment goals is hospitalization, the court shall order the patient to be transported, as provided in Code Section 37-7-101, to a treatment facility where he shall be admitted for care and treatment. If the court shall find, based upon the evidence, that the accomplishment of the treatment goals for the patient requires some limited period of hospitalization followed by treatment as an outpatient in a community mental health center, then the court may so order. (d) If the court concludes that the patient is in need of involuntary treatment, it shall make findings of fact and conclusions of law in support of that conclusion as part of its final order. The court may order the hospitalization of any patient admitted under this Code section for any period not to exceed six months, subject to the power of the chief medical officer to discharge the patient under subsection (b) of Code Section 37-7-85. If continued hospitalization is necessary at the end of that period, the chief medical officer shall apply for an order authorizing such continued hospitalization under Code Section 37-7-83. The court may order the involuntary outpatient treatment of a patient under subsection (c) of this Code section for any period not to exceed six months, but at any time that patient is found by the outpatient treating physician no longer to require involuntary outpatient treatment under the standards therefor in subsection (c) of this Code section, that physician may discharge the patient from such involuntary treatment upon giving notice thereof as provided in subsection (c) of Code Section 37-7-85." Section 6. Said title is further amended by striking Code Section 37-7-82, relating to procedures upon failure of alcoholic and drug dependent individuals to comply with outpatient treatment plans, and inserting in its place a new Code section to read as follows: 2340 JOURNAL OF THE HOUSE, "37-7-82. (a) If at any time during a period of involuntary outpatient treatment (!) the patient fails te comply with the outpatient treatment plan, er (2) the physician in charge of the patient's treatment determines that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, then the treating physician or the chief medical officer of the facility may petition the court originally approving the involuntary treatment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient into custody and to deliver him forthwith to the treatment facility pending completion of a full and fair hearing as provided in this Code section. If, in the discretion of the court, such an order is issued, the chief medical officer shall submit to the court of the county in which the treatment facility is located an updated individualized treatment plan for the patient. Copies of such petition shall be served upon the patient and his representatives within five days after the patient is taken into custody pursuant to such order and shall be accompanied by a copy of the updated plan as provided for in paragraph (3) of subsection (a) of Code Section 37-7-81 and those items required by paragraphs (1), (2), (4), and (5) of subsection (a) of Code Section 37-7-81. No sooner than ten days and no later than 15 days after the patient is taken into custody, a full and fair hearing shall be held in the court of the county in which the treatment facility is located to determine whether or not the patient should be hospitalized and the court may issue any order authorized under subsection (c) of Code Section 37-7-81, subject to the limitations of subsection (d) of Code Section 37-7-81. (b) If at any time during a period of involuntary outpatient treatment the patient fails or refuses to comply with the outpatient service plan, the physician in charge of the outpatient service plan or that physician's designee may petition the court originally approving the involuntary treatment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient and immediately deliver the patient to the community mental health center in charge of the patient's outpatient treatment plan, if a physician is available there to examine the patient, or to the nearest emergency receiving facility serving the county in which the patient is found. If in the discretion of the court such an order is issued, the patient shall be delivered to the facility specified in the order, shall be examined by a physician at that facility, and may be given such emergency or other medical treatment as is indicated by good medical practice. The patient must be released from the custody of the examining facility within four hours after being taken into custody unless the examining physician concludes that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, and unless within those four hours that physician petitions the court, which court issued the order requiring the patient be brought for examination, for an order requiring the patient to be transported to a treatment facility pending completion of a full and fair hearing. If the physician's petitioned^ for order is issued, the patient shall be transported, as provided in Code Section 37-7-101, to the treatment facility within eight hours after first being taken into custody. The procedures regarding a patient so ordered to a treatment facility shall thereafter be as provided in subsection (a) of this Code section for patients so ordered. If the physician's petitioned-for order is not issued within eight hours after the patient is first taken into custody, the patient shall be released immediately from custody, but such release shall in no way affect any order requiring involuntary outpatient treatment of the patient." Section 7. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: FRIDAY, MARCH 8, 1985 2341 Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins YAuten Y Bailey Balkcom Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Bostick Y Branch Bray Y Brooks Y Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Chambless Y Chance Y Cheeks Y Childere Y Childs Y Clark,B CIark,L Y Colbert Y Coleman Y Colwell Y Connell Cooper Y Copelan Couch Cox Crawford Y Crosby Y Cummings Y Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Dunn Y Edwards Y Evans Y Felton Y Foster Galer Godbee Y Goodwin Greene Y Greer Y Groover Y Hamilton Hanner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Hooks Y Home Hudson YIsakson Y Jackson,J Jackson,N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson.R Y Johnson,S Y Kilgore Y Kingston Y Lane,D Lane,R Y Lawler Y Lawrence Y Lawson Y Lee.C YLee.W Y Linder YLogan Long YLord Lucas Y Lupton Y Maddox Y Mangiun Martin.C Y Martin,J Y Matthews McDonald Y McKelvey McKinney YMilam Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Y Pettit Phillips Y Pinkston Porter YRainey Y Ramsey.T Y Ramsey.V Randall Y Ransom Ray Y Reaves Y Redding Y Richardson Robinson.C Y Robinson.P YRoss Y Royal Y Russell Y Selman Y Shepard Sherrod Sinkfield Y Sizemore Y Smith.L Y Smith.P Smith.T YSmyre Y Stancil Y Steinberg Y Thomas.C Thomas.M Y Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White Y Wilder Williams.B Y Williams,J Williams.R Y Wilson Y Wood Workman Y Yeargin Young Murphy ,Spkr On the passage of the Bill, by substitute, the ayes were 136, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 182. By: Senator Foster of the 50th: A BILL to amend Code Section 40-6-225 of the Official Code of Georgia Annotated, relating to offenses and penalties pertaining to handicapped parking, so as to provide that towing expenses shall be chargeable to the person responsible for payment on the lease or rental agreement if the vehicle is leased or rented; and for other purposes. The following amendment was read and withdrawn: The Committee on Judiciary moves to amend SB 182 by striking from line 6 of page 2 the following: "given within 24 hours", and inserting in its place the following: "mailed within 48 hours". The following substitute, offered by Representative Mangum of the 57th, was read and adopted: A BILL To amend Code Section 40-6-225 of the Official Code of Georgia Annotated, relating to offenses and penalties pertaining to handicapped parking, so as to provide that towing expenses shall be chargeable to the person responsible for payment on the lease or rental 2342 JOURNAL OF THE HOUSE, agreement if the vehicle is leased or rented; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 40-6-225 of the Official Code of Georgia Annotated, relating to offenses and penalties pertaining to handicapped parking, is amended by striking subsection (g) of said Code section in its entirety and substituting in lieu thereof a new subsection (g) to read as follows: "(g) In addition to the penalties provided for in subsection (f) of this Code section, any vehicle which is illegally parked in a handicapped parking place which is marked by a sign bearing the words 'Tow-Away Zone' as described in subparagraph (B) of paragraph (1) of Code Section 40-6-221 on public or private property may be towed away or caused to be towed away by a proper law enforcement agency at the expense of the owner of the vehicle or, if the vehicle is leased or rented, at the expense of the person responsible for payment on the lease or rental agreement." 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, 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 Y Adams.M Y Aiken Y Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G Y Brown,J Buck YBumiss YByrd Y Carter Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark,B Clark,L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch Cox Y Crawford Y Crosby Y Cummings Y Daugherty N Davis Dean Y Dixon Y Dobbs Y Dover Dunn Y Edwards Y Evans Y Felton Y Foster Galer YGodbee Y Goodwin Greene Y Greer Y Groover Y Hamilton Y Banner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Hooks Y Home Y Hudson Y Isakson Y Jackson,J Jackson.N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Lawler Y Lawrence Y Lawson Y Lee.C YLee.W Y Under YLogan Long YLord Lucas Y Lupton Y Maddox Y Mangum Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney YMilam Milford Y Moody Y Moore N Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Y Pettit Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson.C Y Robinson,P YRoss Y Royal Y Russell YSelman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Smith,L Y Smith.P Smith.T Smyre Y Stancil Steinberg Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Williams.R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy ,Spkr On the passage of the Bill, by substitute, the ayes were 147, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: FRIDAY, MARCH 8, 1985 2343 HB 80. By: Representatives Thompson of the 20th, Cooper of the 20th, Cummings of the 17th, and Burruss of the 20th: A BILL to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide that materials obtained from or furnished by ad valorem taxpayers shall be confidential and shall not be disclosed by boards of tax assessors; to provide that such materials may be disclosed as necessary in tax collection proceedings; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 80 The Committee of Conference on HB 80 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 80 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable Wayne Garner Senator, 30th District /s/Honorable Max R. Brannon Senator, 51st District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Steve Thompson Representative, 20th District /s/Honorable Tom Crosby, Jr. Representative, 150th District /s/Honorable Waymond C. Huggins Senator, 53rd District /s/Honorable Rudolph Johnson Representative, 72nd District A BILL To amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax assessment and county boards of tax assessors, so as to change the amount of property which may be on appeal at the time of tax digest approval; to provide that the county board of tax assessors may treat as confidential and refuse to disclose to any person any financial records furnished by any taxpayer if the board determines that such confidential treatment is necessary to protect the ability of the board to obtain similar information from taxpayers; to provide that such financial records furnished by taxpayers shall not be subject to Article 4 of Chapter 18 of Title 50, relating to public records required to be open for public inspection; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax assessment and county boards of tax assessors, is amended by striking subsection (a) of Code Section 48-5-304, relating to the approval of county tax digests by the commissioner when appeals are pending, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The commissioner shall not be required to disapprove or withhold approval of the digest of any county solely because appeals have been filed or arbitrations demanded on the assessment of any property or number of properties in the county. In such cases, the assessment or assessments fixed by the board of tax assessors shall be listed together with the return value on the assessments and forwarded in a separate listing to the commissioner at the time the digest is filed for examination and approval. The commissioner shall not approve any digest when the assessed value fixed by the beard: of tax assessors that is in dispute for any property or properties on appeal or in arbitration 2344 JOURNAL OF THE HOUSE, exceeds 3 percent of the total assessed value of the total taxable tangible digest of the county for the same year. In any year when a complete reevaluation or reappraisal program is implemented, 5 percent of the property2 by assessed value in dispute, or number of properties may be in arbitration or on appeal." Section 2. Said part is further amended by adding a new Code Section 48-5-314 to read as follows: "48-5-314. The county board of tax assessors may treat as confidential and refuse to disclose to any person any financial records furnished by any taxpayer if the board determines that such confidential treatment is necessary to protect the ability of the board to obtain similar information from taxpayers. Such financial records furnished by taxpayers shall not be subject to Article 4 of Chapter 18 of Title 50, relating to public records required to be open for public inspection." 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. Representative Thompson of the 20th moved that the House adopt the report of the Committee of Conference on HB 80. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,M Aiken Y Alford Y Alien Y Anderson NArgo Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Bostick Branch YBray Y Brooks Y Brown.G Y Brown,J Buck Burruss YByrd Y Carter Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch Cox Y Crawford Y Crosby Y Cummings Y Daugherty YDavis Dean Y Dixon Y Dobbs Y Dover Dunn Y Edwards Evans Y Felton Y Foster Galer YGodbee Y Goodwin Y Greene Y Greer Groover Y Hamilton Manner Hasty YHays Y Heard YHill Y Holcomb Y Holmes Hooks YHorne Y Hudson Y Isakson Y Jackson,J Jackson,N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson,R Y Johnson,S Y Kilgore Kingston Y Lane,D YLane,R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Logan Long YLord Lucas Lupton Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Peters Y Pettit Phillips Y Pinkston Y Porter YRainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P YRoss Y Royal Y Russell Sehnan Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith.T Smyre Y Stancil Steinberg Thomas,C Y Thomas,M Y Thompson Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Wilson YWood Y Workman Y Yeargin Young Murphy,Spkr On the motion, the ayes were 137, nays 1. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: FRIDAY, MARCH 8, 1985 2345 HB 878. By: Representatives Davis of the 45th, Williams of the 48th, Morton of the 47th, Robinson of the 58th, Lawrence of the 49th, and others: A BILL to make provisions for the Magistrate Court of DeKalb County; to provide for the selection, qualifications, disqualifications, number, vacancies, and compensation of the chief magistrate and magistrates; to provide that certain minimum compensation laws shall not apply to magistrates of such court; and for other purposes. The following Senate substitute was read: A BILL To make provisions for the Magistrate Court of DeKalb County; to provide for the selection, qualifications, disqualifications, number, vacancies, and compensation of the chief magistrate and magistrates; to provide that certain minimum compensation laws shall not apply to magistrates of such court; to provide that the clerk of the State Court of DeKalb County shall serve as the clerk of the magistrate court; to provide that the marshal and deputy marshals of the State Court of DeKalb County shall serve as chief constable and constables of the magistrate court; to provide for powers and duties; to provide for compensation; to provide for the imposition, collection, and disposition of costs to provide for funds for the county law library; to provide for construction; 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. (a) To be eligible for selection as chief magistrate or as a magistrate a person shall: (1) Be an active member of the State Bar of Georgia; (2) Have at least three years of experience as a judge, solicitor, or assistant solicitor of a state court or municipal court immediately preceding such person's selection as chief magistrate or magistrate or have been engaged in the active public or private practice of law for a period of at least three years immediately preceding such selection; (3) Be at least 27 years of age; (4) Be a citizen and taxpayer of DeKalb County; and (5) Have been a resident of the State of Georgia for at least two years immediately preceding selection as chief magistrate or magistrate. (b) The chief magistrate and full-time magistrates shall be ineligible to hold any other public office during their terms of office as chief magistrate or magistrate, and their offices shall immediately become vacant upon their assumption of any other public office. Section 2. The number of full-time and part-time magistrates shall be determined by the chief magistrate with the approval of a majority of the judges of the superior court of the Stone Mountain Judicial Circuit and shall also be subject to the budgetary limitations established by the board of commissioners of DeKalb County. Section 3. (a) The chief magistrate shall receive an annual salary equal to the compensation now or hereafter paid to the clerk of the Superior Court of DeKalb County. Such compensation shall be paid in equal monthly installments from the funds of DeKalb County. (b) Full-time magistrates shall receive an annual salary equal to 90 percent of the salary now or hereafter paid to the chief magistrate. Such compensation shall be paid in equal monthly installments from the funds of DeKalb County. (c) Part-time magistrates shall be compensated on an hourly basis for each hour actually spent in performing their duties. Such compensation shall be at an hourly rate which, if computed on a full-time basis, would be equal to the compensation paid to fulltime magistrates. 2346 JOURNAL OF THE HOUSE, (d) The minimum compensation provided for magistrates, other than the chief magistrate, by subsection (b) of Code Section 15-10-23 of the Official Code of Georgia Annotated or any other general law of this state shall not apply to magistrates of the Magistrate Court of DeKalb County. (e) The compensation of the chief magistrate, full-time magistrates, or part-time magistrates shall not be reduced during the term of office to which they are elected or appointed. Section 4. The clerk of the State Court of DeKalb County shall serve as the clerk of the Magistrate Court of DeKalb County. While serving as clerk of the magistrate court, the clerk of the state court shall have and may exercise all of the powers and duties provided by law for clerks of magistrate courts. Section 5. The marshal of the State Court of DeKalb County shall serve as chief constable of the Magistrate Court of DeKalb County. Deputy marshals of the State Court of DeKalb County shall serve as constables of the Magistrate Court of DeKalb County. While serving as constables, such persons shall have and may exercise all of the powers and duties provided by law for constables of magistrate courts. The compensation of such persons serving as constables, if any, shall be fixed by the governing authority of DeKalb County. Section 6. In each action or case, except for criminal or quasi-criminal actions or cases, which is filed in the Magistrate Court of DeKalb County, a fee may be charged and collected, in addition to all other legal costs, for the purpose of providing funds for the maintenance and operation of the county law library of DeKalb County and for those uses specified in Code Section 36-15-7 of the O.C.G.A. and under the conditions specified in Code Section 36-15-9 of the O.C.G.A. Section 7. The provisions of this Act shall not affect the term of office of any person who is in office as chief magistrate or magistrate of the Magistrate Court of DeKalb County on July 1, 1985. Section 8. This Act shall become effective on July 1, 1985. Section 9. All laws and parts of laws in conflict with this Act are repealed. The following House substitute to the Senate substitute, offered by Representatives Davis of the 45th, Williams of the 48th, Morton of the 47th, and others, was read and adopted: A BILL To make provisions for the Magistrate Court of DeKalb County; to provide for the selection, qualifications, disqualifications, number, vacancies, and compensation of the chief magistrate and magistrates; to provide that certain minimum compensation laws shall not apply to magistrates of such court; to provide that the clerk of the State Court of DeKalb County shall serve as the clerk of the magistrate court; to provide that the marshal and deputy marshals of the State Court of DeKalb County shall serve as chief constable and constables of the magistrate court; to provide for powers and duties; to provide for compensation; to provide for the imposition, collection, and disposition of costs to provide for funds for the county law library; to provide for construction; to provide for definitions; to provide that magistrates, other than the chief magistrate, shall serve at the pleasure of the chief magistrate; 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. (a) To be eligible for selection as chief magistrate or as a magistrate a person shall: (1) Be an active member of the State Bar of Georgia; FRIDAY, MARCH 8, 1985 2347 (2) Have at least three years of experience as a judge, solicitor, or assistant solicitor of a state court or municipal court immediately preceding such person's selection as chief magistrate or magistrate or have been engaged in the active public or private practice of law for a period of at least three years immediately preceding such selection; (3) Be at least 27 years of age; (4) Be a citizen and taxpayer of DeKalb County; and (5) Have been a resident of the State of Georgia for at least two years immediately preceding selection as chief magistrate or magistrate. (b) The chief magistrate and full-time magistrates shall be ineligible to hold any other public office during their terms of office as chief magistrate or magistrate, and their offices shall immediately become vacant upon their assumption of any other public office. Section 2. The number of full-time and part-time magistrates shall be determined by the chief magistrate with the approval of a majority of the judges of the superior court of the Stone Mountain Judicial Circuit and shall also be subject to the budgetary limitations established by the board of commissioners of DeKalb County. Section 3. (a) The chief magistrate shall receive an annual salary equal to the compensation now or hereafter paid to the clerk of the Superior Court of DeKalb County. Such compensation shall be paid in equal monthly installments from the funds of DeKalb County. (b) Full-time magistrates shall receive an annual salary equal to 90 percent of the salary now or hereafter paid to the chief magistrate. Such compensation shall be paid in equal monthly installments from the funds of DeKalb County. (c) Part-time magistrates shall be compensated on an hourly basis for each hour actually spent in performing their duties. Such compensation shall be at an hourly rate which, if computed on a full-time basis, would be equal to the compensation paid to fulltime magistrates. (d) The minimum compensation provided for magistrates, other than the chief magistrate, by subsection (b) of Code Section 15-10-23 of the Official Code of Georgia Annotated or any other general law of this state shall not apply to magistrates of the Magistrate Court of DeKalb County. (e) The compensation of the chief magistrate, full-time magistrates, or part-time magistrates shall not be reduced during the term of office to which they are elected or appointed. Section 4. The clerk of the State Court of DeKalb County shall serve as the clerk of the Magistrate Court of DeKalb County. While serving as clerk of the magistrate court, the clerk of the state court shall have and may exercise all of the powers and duties provided by law for clerks of magistrate courts. Section 5. The marshal of the State Court of DeKalb County shall serve as chief constable of the Magistrate Court of DeKalb County. Deputy marshals of the State Court of DeKalb County shall serve as constables of the Magistrate Court of DeKalb County. While serving as constables, such persons shall have and may exercise all of the powers and duties provided by law for constables of magistrate courts. The compensation of such persons serving as constables, if any, shall be fixed by the governing authority of DeKalb County. Section 6. In each action or case, except for criminal or quasi-criminal actions or cases, which is filed in the Magistrate Court of DeKalb County, a fee may be charged and collected, in addition to all other legal costs, for the purpose of providing funds for the maintenance and operation of the county law library of DeKalb County and for those uses specified in Code Section 36-15-7 of the O.C.G.A. and under the conditions specified in Code Section 36-15-9 of the O.C.G.A. Section 7. Magistrates appointed pursuant to Code Section 15-10-20 of the O.C.G.A. shall serve at the pleasure of the chief magistrate. 2348 JOURNAL OF THE HOUSE, Section 8. The provisions of this Act shall not affect the term of office of any person who is in office as chief magistrate or magistrate of the Magistrate Court of DeKalb County on July 1, 1985. For purposes of this Act, unless the context otherwise clearly requires, "chief magistrate" or "magistrate" means the chief magistrate, or magistrate, respectively, of the Magistrate Court of DeKalb County. Section 9. This Act shall become effective on July 1, 1985. Section 10. All laws and parts of laws in conflict with this Act are repealed. Representative Davis of the 45th moved that the House agree to the Senate substitute, as substituted by the House, to HB 878. 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 following Bill and Resolutions of the House and Senate were taken up for consideration and read the third time: SR 41. By: Senator Hine of the 52nd: A RESOLUTION authorizing the conveyance of certain state owned real property located in Bartow County, Georgia, to the City of Kingston, 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 follows: Y Aaron Y Adams,G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Bainett.M YBeck Benefleld Benn Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G Y Brown,J Buck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch Co* Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Dunn Y Edwards Y Evans Y Felton Foster Galer YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks YHorne Y Hudson Y Isakson Y Jackson,.! Jackson,N Y Jamieson Johnson,D Y Johnson,F Y Johnson.R Y Johnson,S Kilgore Kingston Y Lane,D Y Lane,R Y Lawler Y Lawrence Y Lawson YLee.C Y Lee,W Y Under YLogan YLong YLord Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Pettit Phillips Pinkston Y Porter Y Rainey Ramsey.T Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson,C Y Robinson.P YRoss Y Royal Y Russell Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,? Y Smith.T Smyre Y Stancil Y Steinberg Thomas.C Y Thomas.M Y Thompson Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Wilder Y Williams,B Y Williams.J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy.Spkr FRIDAY, MARCH 8, 1985 2349 On the adoption of the Resolution, the ayes were 141, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 240. By: Representatives Thompson of the 20th, Wilson of the 20th, and Watts of the 41st: A RESOLUTION Creating the Joint School Bus Seat Belt Study Committee; and for other purposes. WHEREAS, traffic safety is a matter of concern to the state and to the nation and attention has increasingly been focused on use of seat belts as a means of reducing traffic fatalities and injuries; and WHEREAS, no area of traffic safety is more important than assuring the safety of Georgia's children; and WHEREAS, school bus accidents present a risk of injury and death for Georgia's children and it may be that use of seat belts or some similar measure would reduce the risks to children being transported in school buses. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint School Bus Seat Belt Study Committee to be composed of three members of the House of Representatives appointed by the Speaker of the House and three members of the Senate appointed by the Lieutenant Governor. The chairman of the committee shall be appointed by the Speaker of the House and the vicechairman of the committee shall be appointed by the Lieutenant Governor. BE IT FURTHER RESOLVED that the committee shall undertake a study of the use of seat belts in school buses and other measures to reduce the risks to children being transported in school buses. 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 1, 1985, at which time the committee shall stand abolished. The following Committee substitute was read: A RESOLUTION Creating the House Student Transportation Safety Study Committee; and for other purposes. WHEREAS, traffic safety is a matter of concern to the state and to the nation and attention has increasingly been focused on the various methods of reducing traffic fatalities and injuries; and WHEREAS, no area of traffic safety is more important than assuring the safety of Georgia's children; and WHEREAS, school bus accidents present a risk of injury and death for Georgia's children and it may be that certain measures regarding innovative transportation safety developments would reduce the risks to children being transported in school buses. 2350 JOURNAL OF THE HOUSE, NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Student Transportation Safety Study Committee to be composed of five members of the House of Representatives appointed by the Speaker of the House. Three of said committee members shall be members of the House Committee on Public Safety. The chairman and vice-chairman of the committee shall be appointed by the Speaker of the House. The committee shall meet upon the call of the chairman. BE IT FURTHER RESOLVED that the committee shall undertake a study of transportation safety measures which could reduce the risks to children being transported in school buses. 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 five 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, 1985, at which time the committee shall stand abolished. The following amendment was read and adopted: Representative Thompson of the 20th moves to amend the Committee substitute to HR 240 as follows: By striking on line 20, page 1, the words "public safety", and adding on line 20, page 1, the words "motor vehicles". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, as amended. On the adoption of the Resolution, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M Beck Y Benefield YBenn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Brooks Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Colwell Connell Cooper Y Copelan Y Couch Cox Y Crawford Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Dunn Y Edwards Evans Y Felton Foster Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Hamilton Y Hanner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Isakson Y Jackson,J Jackson.N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson.R Johnson,S Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Lawler Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder YLogan Long YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y MartinJ Y Matthews Y McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Peters Pettit Phillips Pinkston Y Porter Rainey Ramsey.T Y Ramsey.V Randall Y Ransom FRIDAY, MARCH 8, 1985 2351 YRay Y Reeves Y Redding Y Richardson Y Robinson.C Y Robinson,? YRoss Y Royal Y Russell Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L YSmith,P Y Smith.T Smyre Y Stancil Steinberg Y Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplet* Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Watson Y Watts Y White Y Wilder Y Williams,B Y WiIliams,J Y Williams,R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr On the adoption of the Resolution, by substitute, as amended, the ayes were 138, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended. SB 224. By: Senator Timmons of the llth: A BILL to amend Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions applicable to retirement and pensions, so as to provide restrictions and pro- hibitions relative to membership in public retirement or pension systems for persons convicted of certain crimes; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide restrictions and prohibitions relative to membership in public retirement or pension systems for persons convicted of certain crimes and to provide for definitions in connection therewith; to revise the provisions of the Employees' Retirement System of Georgia relating to creditable service for accumulated sick and annual leave; 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 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by designating all Code sections of Chapter 1, relating to general provisions applicable to retirement and pensions, as Article 1 of said chapter and by adding at the end of said chapter a new Article 2 to read as follows: "ARTICLE 2 47-1-20. As used in this article, the term: (1) 'Conviction' means a judgment of conviction for the commission of a crime which is entered upon a verdict or plea of guilty. (2) 'Employee contribution' means that part of the compensation of a public employee which is paid by the employee or by the employer on the employee's behalf to a public retirement system as a requirement for membership in the public retirement system. (3) 'Final conviction' means a conviction which has been upheld after the convicted person has exhausted all appeals of the conviction. (4) 'Political subdivision' means any county, municipality, or local school district. (5) 'Public employee' means elected and appointed officials and employees of the state or any branch, department, board, bureau, commission, authority, or other agency of the state and elected and appointed officials and employees of any political subdivision or authority or other agency of a political subdivision. (6) 'Public employment related crime' means any one or more of the following crimes: (A) Theft as provided in any one or more of Code Sections 16-8-2 through 16-8-9 when the theft is by an officer or employee of a government in breach of 2352 JOURNAL OF THE HOUSE, duties as such officer or employee and conviction for such crime is punishable under paragraph (2) of Code Section 16-8-12; (B) Any felony provided for in Article 1 of Chapter 10 of Title 16, relating to abuse of governmental office; (C) Making false statements or concealing facts in matters within the jurisdiction of the state or a political subdivision as provided in Code Section 16-10-20; (D) Conspiracy to defraud the state or a political subdivision as provided in Code Section 16-10-21; (E) Stealing, altering, or concealing public records as provided in Code Section 45-11-1; and (F) Selling offices or dividing fees as provided in Code Section 45-11-2. (7) 'Public retirement system' means any retirement or pension system now or hereafter created by or pursuant to the authority of Georgia law or the Constitution of Georgia which has public employees as members of the retirement or pension system. 47-1-21. (a) This Code section shall apply to public employees in service on July 1, 1985, as long as such employees remain in continuous service as public employees. Any public employee in service on July 1, 1985, who ceases to be a public employee on or after that date and who subsequently again becomes a public employee shall be subject to the provisions of Code Section 47-1-22 upon again becoming a public employee. Any person who was a public employee prior to July 1, 1985, and who ceased to be a public employee prior to that date shall be subject to the provisions of Code Section 47-1-22 if such person again becomes a public employee after July 1, 1985. (b) If a public employee commits a public employment related crime on or after July 1, 1985, in the capacity of a public employee and is convicted for the commission of such crime, such employee's membership in any public retirement system shall terminate on the date of final conviction and such employee shall not at any time thereafter be eligible for membership in any public retirement system. For any such public employee finally convicted for the commission of a public employment related crime, the right to any benefit or any other right under any public retirement system in which the employee is a member shall be determined as of the date of final conviction. 47-1-22. (a) This Code section shall apply to public employees first or again becoming public employees after July 1, 1985. (b) If a public employee commits a public employment related crime in the capacity of a public employee and is convicted for the commission of such crime, such employee shall forfeit all rights and benefits under and membership in any public retirement system in which the employee is a member, effective on the date of final conviction. Any such public employee shall not at any time after such final conviction be eligible for membership in any public retirement system. Any employee contributions made by any such public employee to any public retirement system during membership in the public retirement system shall be reimbursed, without interest, to the public employee within 60 days after the date of final conviction for the commission of a public employment related crime. 47-1-23. Nothing in this article shall be construed to create a right for any public employee who is charged with the commission of a public employment related crime to remain a public employee or a member of a public retirement system until such employee is finally convicted for the commission of such crime. Nothing in this article shall be construed to create a right for a public employee who is charged with the commission of a public employment related crime to accrue rights or benefits under a public retirement system after the date any such employee ceases to be a member of such public retirement system." Section 2. Said title is further amended by striking Code Section 47-2-91, relating to credit for accumulation of sick and annual leave under the Employees' Retirement System of Georgia, in its entirety and substituting in lieu thereof a new Code Section 47-2-91 to read as follows: "47-2-91. (a) As used in this Code section, the term: FRIDAY, MARCH 8, 1985 2353 (1) 'Classified member' means a member of the retirement system who is in the classified service of the State Merit System of Personnel Administration provided for by Chapter 20 of Title 45. (2) 'Commissioner' means the commissioner of personnel administration provided for in Code Section 45-20-4. (3) 'Compensatory time' means time off from work which is used in lieu of annual or sick leave to offset overtime service rendered by an employee when the employee is compensated by a fixed salary and is not financially compensated for such overtime service. (4) 'Elected state official' means the Governor, Lieutenant Governor, each member of the Public Service Commission, the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Labor, Commissioner of Agriculture, each Justice of the Supreme Court, and each Judge of the Court of Appeals. (5) 'Unclassified member' means any member of the retirement system who is in the unclassified service of the State Merit System of Personnel Administration provided for by Chapter 20 of Title 45 or who is otherwise not covered by the rules and regulations of the State Personnel Board, including elected state officials. {a} (b) (1) Accumulated days of forfeited annual and sick leave for which a member has not been paid shall constitute creditable service if such member has at least six months of such forfeited leave at the time of tas the member's retirement. The member shall be given one month of creditable service for each 20 days of forfeited annual and sick leave. Upon retirement of th a classified member, the employer shall certify to the retirement system board of trustees the total amount of that member's forfeited annual and sick leave and based on leave records for periods of service where employers have maintained adequate leave records. For periods of service where no leave records are available for classified members, forfeited leave for an undocumented period may be computed as provided in subsection (i) of this Code section. The determination of accumulated days of forfeited annual and sick leave for unclassified members shall be based on leave records for periods of service where employers have maintained adequate leave records. For periods of service where no leave records are available, forfeited leave for unclassified employees shall be computed as follows: (A) When 15 years or more of leave records are available for an unclassified member, the determination of forfeited leave for undocumented periods shall be computed as provided in subsection (i) of this Code section; or (B) When less than 15 years of leave records are available for an unclassified member, the determination of forfeited leave for undocumented periods shall be based on the one-year average amount of forfeited annual and sick leave calculated by the commissioner pursuant to subsection (f) of this Code section and as provided in subsection (g) of this Code section, subject to the limitation in subsection (j) of this Code section. (2) For both classified and unclassified members, each employer shall contribute the same amount as would have been contributed by the employer had the member obtaining creditable service for forfeited annual and sick leave remained in state employment without change in compensation for a period of time equal to the amount of such forfeited annual and sick leave for which creditable service is obtained. member's accumulations ef annual and siefc leave, the beard ef trustees is authorized &HQ directed T estflDiisri uniiofm rules etna requisitions peg&rding procedurcs Dy wtticri the member may receive creditable service for seh forfeited leave. Saeh tviles and regulations shall provide for the crediting ef such forfeited leave at the rates specified df For unclassified members, the maximum number of days of annual and sick leave which may be accumulated in one year shall be in accordance with the rules and regulations of the State Personnel Board governing employees in classified service, as defined in paragraph (2) of Code Section 45-20-2. (d) For the purposes of this Code section, compensatory time shall not be applicable to elected state officials and no elected state official may offset any annual or sick leave 2354 JOURNAL OF THE HOUSE, taken by any such official by any compensatory time which might otherwise be applicable to such official. (e) When accumulated forfeited annual and sick leave is claimed for the purposes of this Code section by an elected state official based on records maintained by or pursuant to the order or supervision of the elected state official, any such accumulated annual and sick leave accepted by the board of trustees shall, in addition to such records, be based on the elected state official's sworn statement that the amount of accumulated forfeited annual and sick leave claimed by the elected state official is true and correct. (f) The commissioner shall select a random representative sample of employees who, as of June 30, 1985, have ten years or more of continuous service in the classified service of the State Merit System of Personnel Administration. From an examination of the personnel records of the members in the sample, the commissioner shall calculate an annual average of the number of days of annual leave taken and an annual average of the number of days of sick leave taken by the members in the sample. The average days for annual leave taken and the average days for sick leave taken shall then each be deducted, respectively, from the maximum number of days of annual leave and the maximum number of days of sick leave which may be accumulated in one year under rules and regulations of the State Personnel Board by an employee in the classified service of the state merit system. The two figures resulting after making such reductions shall be added together and the resulting figure shall be forfeited annual and sick leave for each year of membership service for the purposes of subsection (g) of this Code section, subject to the limitation in subsection (j) of this Code section. (g) The average amount of forfeited annual and sick leave calculated by the commissioner pursuant to subsection (f) of this Code section shall be supplied by that officer to all employers. When less than 15 years of leave records are available, the determination of forfeited annual and sick leave for unclassified employees with undocumented periods may be certified by the employer based on the average amount of forfeited annual and sick leave supplied by the commissioner. The amount which may be so certified shall be calculated bjr multiplying the figure representing the one-year average of forfeited annual and sick leave by the number of years of membership service for which leave records were not available at the time of retirement, subject to the limitation in subsection (j^ of this Code section. (h) For any member whose membership service includes service as both a classified and unclassified member, both classified and unclassified service may be considered in qualifying for undocumented forfeited annual and sick leave calculations based on 15 or more years where employers have maintained adequate records of annual and sick leave taken by members. When 15 or more years of leave records are available through a combination of both classified and unclassified service, forfeited annual and sick leave for an undocumented period may be computed as provided in subsection (i) of this Code section. When less than 15 years of leave records are available through a combination of both classified and unclassified service for a member, then the undocumented forfeited leave for the unclassified service shall be calculated pursuant to subsection (g) of this Code section and undocumented forfeited leave for classified service shall be calculated pursuant to subsection (i) of this Code section, subject to the limitation in subsection (j) of this Code section. The two calculations shall then be added together to determine the total amount of forfeited leave for the undocumented period. (i) The formula provided by this subsection may be utilized for computation of forfeited annual and sick leave during the undocumented periods of service described in paragraph (1) and subparagraph (A) of said paragraph (1) of subsection (b) of this Code section. The formula is as follows: (1) Compute the maximum earnable sick and annual leave for the undocumented period; (2) Compute the total sick and annual leave taken for all periods in which documentation is available; (3) Compute the average sick and annual leave taken per month by dividing the answer under paragraph (2) of this subsection by the total number of documented months; FRIDAY, MARCH 8, 1985 2355 (4) Multiply the answer under paragraph (3) of this subsection by the total number of months in the undocumented period; and (5) Subtract the answer under paragraph (4) of this subsection from the answer under paragraph (1) of this subsection to determine total leave earned and not taken during the undocumented period. (j) For unclassified employees who have less than 15 years of leave records available, the determination of forfeited annual and sick leave shall be limited to the lesser of the amount calculated pursuant to subsections (f) and (g) of this Code section or the average of actual forfeited annual and sick leave for which leave records are available, whichever is less. (k) The board of trustees may adopt rules and regulations, not inconsistent with the provisions of this Code section, to aid in administering and carrying out the provisions of this Code section." Section 3. This Act shall become effective on July 1, 1985. 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: Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo YAthon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Barnett,M YBeck Y Benefield YBenn Birdsong Y Bishop Bolster Bostick Y Branch YBray Brooks Brown.G Brown,J YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childera Y Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch Co* Y Crawford Crosby Y Cummings Y Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Dunn Y Edwards Evans Y Felton Foster Galer Y Godbee Y Goodwin Greene Y Greer Y Groover Y Hamilton Y Banner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Jackson.N Jamieson Y Johnson,D Y Johnson.F Y Johnson.R Johnson,S Y Kilgore Y Kingston Lane,D Y Lane,R Y Lawler Lawrence Y Lawson YLee,C Y Lee.W Y Under YLogan Long YLord Lucas Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Y Milam Y Milford Moody Y Moore Y Morton Y Mostiler Y Moultrie Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Peters Y Pettit Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom Ray Y Reaves Y Redding Y Richardson Robinson.C Y Robinson,? YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfleld Y Sizemore Y Smith.L Y Smith,P Smith.T Smyre Y Stancil Y Steinberg Thomas.C Thomas.M Y Thompson Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Watson Y Watts White Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Workman Y Yeargin Young Murphy,Spkr On the passage of the Bill, by substitute, the ayes were 127, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Wilder of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. 2356 JOURNAL OF THE HOUSE, The following Resolutions of the House were read and adopted: HR 419. By: Representatives Cummings of the 17th and Murphy of the 18th: A RESOLUTION commending Honorable Phil Brewster; and for other pur- poses. HR 420. By: Representatives Mueller of the 126th, Hamilton of the 124th, Kingston of the 125th, and others: A RESOLUTION commending the Armstrong State College Vocal Chamber Ensemble; and for other purposes. HR 421. By: Representative Bannister of the 62nd: A RESOLUTION recognizing and commending Parkview High School; and for other purposes. HR 422. By: Representatives Johnson of the 123rd, Sinkfield of the 37th, Dean of the 29th, and others: A RESOLUTION recognizing and commending Booker T. Newsome; and for other purposes. HR 423. By: Representatives Johnson of the 123rd, Wall of the 61st, Smith of the 78th, and others: A RESOLUTION recognizing and commending William S. Moore; and for other purposes. HR 424. By: Representatives Isakson of the 21st, Burruss of the 20th, Johnson of the 21st, and others: A RESOLUTION commending Dr. Henry W. Hill on the occasion of his retirement; and for other purposes. HR 425. By: Representatives Argo of the 68th and Logan of the 67th: A RESOLUTION commending and expressing appreciation to General Albert B. Jones on the occasion of his retirement from the University of Georgia; and for other purposes. HR 426. By: Representatives Lawson, Wood, and Jackson of the 9th: A RESOLUTION commending the East Hall County Girls Basketball Team; and for other purposes. HR 427. By: Representative Ramsey of the 3rd: A RESOLUTION commending Chris Thornbury; and for other purposes. HR 428. By: Representatives Lawson, Jackson, and Wood of the 9th: A RESOLUTION commending the Gainesville High School Boys Basketball Team; and for other purposes. HR 429. By: Representatives Phillips of the 120th, Patten of the 149th, Long of the 142nd, and others: A RESOLUTION commending Ms. Mary Ida Carpenter Phillips; and for other purposes. HR 430. By: Representatives Colwell of the 4th, Jackson of the 9th, McDonald of the 12th, and others: A RESOLUTION recognizing Barbara Mandrell; and for other purposes. HR 431. By: Representatives Foster of the 6th, Colwell of the 4th, Williams of the 6th, Anderson of the 8th, and others: A RESOLUTION commending Honorable Tom Mitchell; and for other purposes. FRIDAY, MARCH 8, 1985 2357 HR 432. By: Representative Parrish of the 109th: A RESOLUTION honoring L. C. "Colonel" Anderson; and for other purposes. HR 433. By: Representative Childs of the 53rd: A RESOLUTION expressing sorrow at the passing of Steven D. Vaughn; and for other purposes. HR 434. By: Representatives Crawford of the 5th, Bargeron of the 108th, Cox of the 141st, and others: A RESOLUTION wishing Honorable Jerry High Money a speedy recovery; and for other purposes. HR 435. By: Representative Ramsey of the 3rd: A RESOLUTION commending the Murray County High School football team; and for other purposes. HR 436. By: Representatives Isakson of the 21st, Murphy of the 18th, Atkins of the 21st, and others: A RESOLUTION commending Mr. Ernest Barrett; and for other purposes. HR 437. By: Representative Ramsey of the 3rd: A RESOLUTION commending the Murray County High School wrestling team; and for other purposes. HR 438. By: Representative Birdsong of the 104th: A RESOLUTION commending H. L. "Bud" Hawthorne; and for other purposes. HR 439. By: Representatives Wood of the 9th, Galer of the 97th, Hays of the 1st, and others: A RESOLUTION praising the United States Congress for its efforts on behalf of the Nation's veterans in passing the Veterans Dioxin and Radiation Exposure Compensation Standards Act; and for other purposes. HR 440. By: Representatives Cooper and Wilson of the 20th: A RESOLUTION relative to the chiropractic profession; and for other purposes. HR 441. By: Representative Birdsong of the 104th: A RESOLUTION commending David L. Moore; 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 907. By: Representatives Oliver of the 1st, Robinson of the 96th, and Davis of the 45th: A BILL to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy generally, so as to provide that a petition to legitimate a child may be filed in the father's county of residence, the child's county of residence, or, if an adoption of the child is pending, in the county in which the adoption petition is filed; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 907 The Committee of Conference on HB 907 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 907 be adopted. 2358 JOURNAL OF THE HOUSE, FOR THE SENATE: /s/Honorable Richard L. Greene Senator, 26th District /s/Honorable Donn M. Peevy Senator, 48th District /s/Honorable Edward Hine, Jr. Senator, 52nd District Respectfully submitted, FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Donald F. Oliver Representative, 1st District /s/Honorable Warren D. Evans Representative, 84th District /s/Honorable Charles A. Thomas, Jr. Representative, 69th District A BILL To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change certain provisions relative to revision of a judgment for permanent alimony or child support; to change the period of time relative to pendency of an action for revision; to provide that a petition to legitimate a child may be filed in the father's county of residence, the child's county of residence, or, if an adoption of the child is pending, in the county in which the adoption petition is filed; to provide that, in any case involving child support in which paternity is made an issue, the court may order that blood tests be taken; 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 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking in its entirety subsection (c) of Code Section 19-6-19, relating to revision of a judgment for permanent alimony or child support, and inserting in its place a new subsection (c) to read as follows: "(c) When an action for revision of a judgment for permanent alimony under this v^ooc section is pending ftnd ftt icflst y\? fiftys nflvc ciftpscd since ine dst/c of inc tiling ef the petition e* action for modification, the court in its discretion may allow, upon motion, the temporary modification of such a judgment, pending the final trial on the petition. In considering an application for temporary modification under this subsection, the court shall consider evidence of any changed circumstances of the parties and the reasonable probability of the petitioner obtaining revision upon final trial. The order granting temporary modification shall be subject to revision by the court at any time before final trial." Section 2. Said title is further amended by striking in its entirety Code Section 19-7-22, relating to petitions for legitimation of children, and inserting in its place a new Code Section 19-7-22 to read as follows: "19-7-22. A father of an illegitimate child may render the same legitimate by petitioning the superior court of the county of his residence2 the county of residence of the child, OTj if a petition for the adoption of the child is pending, the county in which the adoption petition is filed for legitimation of the child. The petition shall set forth the name, age, and sex of the child, the name of the mother, and, if the father desires the name of the child to be changed, the new name. If the mother is alive, she shall have notice of the petition for legitimation. Upon the presentation and filing of the petition, the court may pass an order declaring the child to be legitimate and to be capable of inheriting from the father in the same manner as if born in lawful wedlock and specifying the name by which he shall be known." Section 3. Said title is further amended by adding at the end of Code Section 19-7-43, relating to petitions to establish paternity, a new subsection, to be designated subsection (d), to read as follows: "(d) In any case involving child support in which the paternity of a child is made an issue, the court, in its discretion, may order the mother, the alleged father, and the FRIDAY, MARCH 8, 1985 2359 child to submit to blood tests as specified in Code Section 19-7-45. Appropriate orders shall be issued in accordance with the provisions of this article." Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are repealed. Representative Oliver of the 1st moved that the House adopt the report of the Committee of Conference on HB 907. On the motion, the ayes were 109, nays 0. The motion prevailed. The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto: HB 1035. By: Representatives Walker of the 85th, Ransom of the 90th, Padgett of the 86th, and Cheeks of the 89th: A BILL to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials; and for other purposes. The following Senate substitute was read: A BILL To amend an Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4642), so as to change the compensation of certain officials; to provide for the payment of such compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4642), is amended by striking in its entirety Section 1 thereof and inserting in lieu thereof a new Section 1 to read as follows: "Section 1. (a) The following officials of Richmond County, Georgia, shall receive an annual salary, payable from the funds of Richmond County, Georgia, as follows: (1) Clerk of superior court and state court .....................................................$ 30,576.00 (2) Judge of the probate court.......................................................................... 34,971.00 (3) Tax commissioner......................................................................................... 39,100.00 (4) Judge of the state court............................................................................... 48,360.00 (5) Solicitor of the state court........................................................................... 20,574.00 (6) Coroner........................................................................................................... 18,781.00 (7) Judge of the civil court................................................................................ 38,067.00 (8) Associate judge of the civil court................................................................ 36,347.00 (9) Chairman of the board of commissioners.................................................... 9,396.00 (10) Member of the board of commissioners...................................................... 6,996.00 2360 JOURNAL OF THE HOUSE, (11) District attorney.............................................................................................. 8,694.00 (12) Judge of the superior court......................................................................... 11,781.00 (13) Sheriff............................................................................................................. 29,925.00 (b) The compensation provided for in subsection (a) of this section shall be paid in equal monthly installments." Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Representative Walker of the 85th moved that the House disagree to the Senate substitute to HB 1035. The motion prevailed. HB 747. By: Representative Ware of the 77th: A BILL to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rule making, insurance rates, and related organizations, so as to provide the time for filing with the Insurance Commissioner certain insurance premium rates which are determined by contract; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rule making, insurance rates, and related organizations, so as to provide the time for filing with the Insurance Commissioner certain insurance premium rates which are determined by contract; to provide for the issuance of binders; to provide for challenge by the Insurance Commissioner; to provide for the use of certain rates if a challenge is upheld or if there is no challenge or if a challenge is not upheld; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA: Section 1. Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rule making, insurance rates, and related organizations, is amended by striking Code Section 33-9-32, relating to the validity of contracts to use insurance premium rates in excess of or lower than generally applicable rates, in its entirety and inserting in lieu thereof a new Code Section 33-9-32 to read as follows: "33-9-32. Nothing contained in this chapter shall be deemed to prohibit an insurer and its insured from contracting to use a rate on a specific risk or risks which is in excess of or lower than that otherwise applicable, provided that the contract and rate deviation by consenting parties have been filed with the Commissioner prior to the use of the rate in accordance with the procedures, conditions, and limitations as may be established by the Commissioner; and provided, further, that, if the resulting premium exceeds $1,000.00, a binder of coverage may be issued and the contract and rate deviation shall be filed within 20 days after the issuance of the binder. Such contract and rate deviation shall be subject to challenge by the Commissioner for a period of ten days after filing. If such challenge is upheld, the insurer shall be required to use its regular filed rates for the first 30 days of coverage in accordance with the requirements of applicable law. If there is no challenge or if a challenge is not upheld, the contract and rate deviation agreed upon may be used from and after the effective date of the binder." FRIDAY, MARCH 8, 1985 2361 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. Representative Bargeron of the 108th moved that the House agree to the Senate substitute to HB 747. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams,G Y Adams.M Y Aiken Alford Alien Y Anderson YArgo Y Athon Y Atkins Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Barnett,B Y Barnett.M YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Brooks Brown.G Y Brown,J Buck YBurruss YByrd Y Carter Y Chambless Chance Y Cheeks Childers Childs Y Clark,B Y Clark.L Y Colbert Coleman Colwell Connell Y Cooper Copelan Couch YCox Y Crawford Y Crosby Cummings Y Daugherty YDavis Dean Y Dixon YDobbs Dover Dunn Y Edwards Y Evans Y Felton Y Foster Galer YGodbee Y Goodwin Y Greene Y Greer Y Groover Hamilton Hanner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Y JacksonJ Y Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane.D YLane,R Y Lawler Y Lawrence Y Lawson YLee.C YLee,W Y Linder YLogan Long Lord Lucas Lupton Y Maddoi Y Mangum Y Martin.C Y Martin,J Y Matthews McDonald On the motion, the ayes were 128, nays 0. The motion prevailed. Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Y Pettit Phillips Y Pinkston Porter YRainey YRamsey.T Y Ramsey.V Randall Ransom Ray Y Reaves Y Redding Y Richardson Robinson,C Y Robinson,? Rosa Y Royal Y Russell YSelman Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Smith,T YSmyre YStancil Steinberg Thomas.C Y Thomas,M Y Thompson Townsend Y Triplett Twiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y WiUiams,R Wilson Y Wood Workman Yeargin Y Young Murphy,Spkr HB 695. By: Representatives Ware of the 77th, Wood of the 9th, Bargeron of the 108th, and Greer of the 39th: A BILL to amend Chapter 36 of Title 33 of the Official Code of Georgia Annotated, relating to the insurers insolvency pool, so as to provide for the supervision of the pool by the Insurance Commissioner; and for other purposes. The following Senate amendment was read: Amend HB 695 by striking line 16 of page 1 in its entirety and inserting in lieu thereof the following: "the Insurers Solvency Board; to provide an effective date; to provide for applicability; to repeal conflicting laws; and". By striking lines 1 and 2 of page 8 in their entirety and inserting in lieu thereof the following: 2362 JOURNAL OF THE HOUSE, "Section 9. This Act shall become effective on July 1, 1985, and shall be applicable to all insolvencies occurring on or after July 1, 1985. Section 10. All laws and parts of laws in conflict with this Act are repealed." Representative Bargeron of the 108th moved that the House agree to the Senate amendment to HB 695. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Alford Alien Y Anderson Y Argo YAthon Y Atkins Auten Y Bailey YBalkcom Bannister Y Bargeron Y Bamett,B Y Barnett,M YBeck Y Benefield Benn Birdsong Y Bishop Bolster Y Bostick Y Branch YBray Brooks Brown,G Y Brown.J Buck YBurruss YByrd Y Carter Chambless Chance Cheeks Childere Childs Y CUrk,B Clark,L Y Colbert Colenun Y ColweU Connell Y Cooper Copelan Couch YCoi Y Crawford Y Crosby Y Cummings Y Daugherty YDavis Dean YDiion YDobbs Y Dover Dunn Y Edwards Y Evans Y Felton Y Foster Galer YGodbee YGoodwin Y Greene Greer Y Groover Hamilton Y Hanner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson.R Y Johnson.S Y Kilgore Y Kingston YLane.D YLane,R Y Lawler Y Lawrence YLawson YLee,C YLee,W Y Linder YLogan Long Lord Lucas Lupton Y Maddoi Y Mangum Martin.C Y Martin,J Y Matthews McDonald McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Pettit Phillips Y Pinkston Y Porter YRainey Ramsey.T Y Ramsey.V Randall Y Ransom Ray Y Reaves Y Redding Richardson Robinson,C Y Robinson.P Ross Y Royal Y Russell Y Selman Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,? Y Smith,T Smyre Y Stancil Steinberg Thomas.C Y Thomas,M Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams,R Wilson Y Wood Workman Yeargin Y Young Murphy,Spkr On the motion, the ayes were 126, 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 following Bill of the House: HB 205. By: Representatives Edwards of the 112th, Long of the 142nd, Royal of the 144th, Matthews of the 145th, Wilson of the 20th, and Smith of the 152nd: A BILL to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the provisions relating to the crime of possession, manufacture, or transfer of gambling devices or parts; to provide that it shall be lawful for certain persons to own or possess antique slot machines; and for other pur- poses. FRIDAY, MARCH 8, 1985 2363 The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: HB 483. By: Representatives Childers of the 15th, Chambless of the 133rd, Hooks of the 116th, Long of the 142nd, Matthews of the 145th, and others: A BILL to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to health planning and development, so as to require health care facilities to submit reports of certain health care information to the Health Planning Agency; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to health planning and development, so as to require each hospital in the state to submit reports of certain health care information to the Health Planning Agency; to empower the agency to implement rules and regulations regarding such reports; to provide sanctions for failure to submit properly such reports; 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 31 of the Official Code of Georgia Annotated, relating to health planning and development, is amended by adding at the end thereof a new article, to be designated Article 4, to read as follows: "ARTICLE 4 31-6-70. (a) There shall be required from each hospital in this state a semiannual report of certain health care information to be submitted to the planning agency. The report shall be due on the last day of January and July and shall cover the six-month period preceding each such month. (b) The report required under subsection (a) of this Code section shall contain the following information: (1) Total gross revenues; (2) Bad debts; (3) Amounts of free care extended, excluding bad debts; (4) Contractual adjustments; (5) Amounts of care provided under a Hill-Burton commitment; (6) Amounts of charity care provided to indigent persons; (7) Amounts of outside sources of funding from governmental entities, philanthropic groups, or any other source, including the proportion of any such funding dedicated to the care of indigent persons; and (8) For cases involving indigent persons: (A) The number of persons treated; (B) The number of inpatients and outpatients; (C) Total patient days; (D) The number of patients categorized by county of residence; and (E) The indigent care costs incurred by the hospital by county of residence. (c) As used in subsection (b) of this Code section, 'indigent persons' means persons having as a maximum allowable income level an amount corresponding to 125 percent of the federal poverty guideline. (d) The planning agency shall provide a form for the report required by subsection (a) of this Code section and may provide in said form for further categorical divisions of the information listed in subsection (b) of this Code section. (e) In the event that the planning agency does not receive a semiannual report from a hospital within 30 days following the date such report was due or receives a timely 2364 JOURNAL OF THE HOUSE, but incomplete report, the planning agency shall notify the hospital regarding the deficiencies. (f) No application for a certificate of need under Article 3 of this chapter shall be considered as complete if the applicant has not submitted the semiannual reports required by subsection (a) of this Code section." 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. Representative Childers of the 15th moved that the House agree to the Senate substitute to HB 483. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams,M Y Aiken Y Alford Alien Y Anderson Y Argo Y Athon Y Atkins Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Benefield Benn Birdsong Bishop Bolster Y Bostick Y Branch YBray Brooks Brown.G Y Brown,J Buck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Childers Childs Y Clark,B Clark.L Y Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Y Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover YDunn Y Edwards Y Evans Y Felton Y Foster YGaler Y Godbee YGoodwin Y Greene Greer Y Groover Hamilton Manner Y Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks Home Y Hudson Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson.R Y Johnson,S Kilgore Y Kingston Y Lane,D YLane,R Y Lawler Y Lawrence Y Lawson YLee.C YLee,W Y Under YLogan Long Lord Lucas Y Lupton Y Maddoj Mangum Y Martin,C Y Martin^ Y Matthews McDonald On the motion, the ayes were 129, nays 0. The motion prevailed. McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morion Y Mostiler Y Moultrie Y MueUer Oliver.C Y 01iver,D Y Padgett Y Pannell YParham Y Fairish Y Patten Y Peters Y Pettit Phillips Pinkaton Y Porter Y Hainey YRamsey.T Y Ramsey.V Randall Y Ransom Ray Y Reaves Y Redding Y Richardson Robinson.C Y Robinson,P Ross Royal Y Russell YSelman Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Smith.T Smyre Y Stancil Y Steinberg Y Thomas,C Y Thomas,M Y Thompson Y Townsend Y Triplett YTwiggs Y Waddle YWaldrep Walker.C Y Walker,L YWall Ware Watson Y Watts Y White Y Wilder Y WiUiams,B Y WUliams,J Y Williams.R Wilson YWood Workman Yeargin Young Murphy.Spkr HB 484. By: Representatives Childers of the 15th, Chambless of the 133rd, and Hooks of the 116th: A BILL to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, regarding health planning and development, so as to change the manner of adopting, promulgating, and implementing rules of the Health Planning Agency; and for other purposes. The following Senate substitute was read: A BILL To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to amend Chapter 6 thereof so as to change the manner of adopting, promulgating, and FRIDAY, MARCH 8, 1985 2365 implementing rules and regulations of the Health Planning Agency and to change certain legislative procedures relating thereto; to amend Chapter 8 of said Title 31 so as to change legislative purposes; to provide for definitions; to clarify state residency requirements for pregnant women seeking necessary emergency services and to provide for obligations of hospitals with regard to such services; to provide for standards of indigency; to provide for health-care advisory officers and their powers and duties; to provide for hospital determinations and notifications concerning payment by certain programs and insurance of costs of care of pregnant women; to provide for determinations of indigency; to require counties to pay certain costs of care for their residents and provide for interest on unpaid bills; to provide for forms; to provide for obligations of pregnant women who receive services under this article; to provide liability for certain costs of care; to provide for notices and for failure to sign them; to provide for liability of fathers and certain other persons for costs of care; to provide for civil actions to recover certain costs of care and to challenge certain determinations; to provide for malpractice and civil liability; to provide for Department of Human Resources investigations, compliance orders, civil and other penalties, and license suspension or revocation; to provide for duties of the commissioner of that department; to provide for rules and regulations; to provide for other rights and remedies; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking paragraph (4) of subsection (b) of Code Section 31-6-21, regarding the functions of the health planning agency, and inserting in its place the following: "(4) With the prior advice, comment, and recommendations of the policy council, except with respect to emergency rules and regulations, to adopt, promulgate, and implement rules and procedures and regulations sufficient to administer the provisions of this chapter; except emergency rates; including the certificate of need program^ Saeh rates and procedures shall be adopted, promulgated; and implemented accordance with Chapter 43 of itte 60; the 'Georgia Administrative Procedure Aefe1 T4te rates and precedares ef the planning agency shall be submitted te the Human Resources Committee ef WIG oenstc &nd tii6 ileflitn find Eicoto^y oommittee of t*ie ilouse of rvepresenwitives not later than 36 days prior te the intended action by the planning agency. Each rate er part til6PCor sn&ii i&e suoject to trie mciicin^ Or dR oDjection tjy cither stjctt comillittee^ /\ny pule of pflrt tnereot TO wnicn no oDJCccion is mdcte sn&ix DCcome ftdoptcci ftt TUB enci of 9UCfi OT7 dfly flpppovdl period. Any rule or pflrt thereof to wfticn ftft oDjection ts nMide oy both such committees shall net fee adopted by the planning agency, and the rate er part tnepeoi sn&ii oe considered Dy me Crenerfli Asseiu Diy tn its next re^uiflp session, uni639 te the rate or part thereof net withdrawn may be introduced kt eithef heuse of the Gencpfli AssemDiy witnm or? dsys ot tftc commeHCcment of sucn next re^uiflj* session, And eral Assembly, the rate shall be disapproved. K stteh resolution dees net receive approval i&y ootfi nouses or tne oenepfli Assem Diy, tfte rule sttflH become &dopteu ftt cne end1 or saeh next regular session ef the General Assembly;" Section 2. Said title is further amended by adding following Code Section 31-6-21 a new Code section to read as follows: "31-6-21.1. (a) Rules of the planning agency shall be adopted, promulgated, and implemented as provided in this Code section and in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the agency shall not be required to comply with subsections (c) through (g) of Code Section 50-13-4. (b) The planning agency shall transmit three copies of the notice provided for in paragraph (1) of subsection (a) of Code Section 50-13-4 to the legislative counsel. The copies shall be transmitted at least 30 days prior to that agency's intended action. Within five days after receipt of the copies, if possible, the legislative counsel shall furnish the presiding officer of each house with a copy of the notice and mail a copy of the notice to each member of the Human Resources Committee of the Senate and each 2366 JOURNAL OF THE HOUSE, member of the Health and Ecology Committee of the House of Representatives. Each such rule and any part thereof shall be subject to the making of an objection by either such committee. Any rule or part thereof to which no objection is made by both such committees may become adopted by the planning agency at the end of such 30 day period. The planning agency may not adopt any such rule or part thereof which has been changed since having been submitted to those committees unless: (1) That change is to correct only typographical errors; (2) That change is approved in writing by both committees and that approval expressly exempts that change from being subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4; (3) That change is approved in writing by both committees and is again subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4; or (4) That change is again subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4 and the change is submitted and again subject to committee objection as provided in this subsection. Nothing in this subsection shall prohibit the planning agency from adopting any rule or part thereof without adopting all of the rules submitted to the committees if the rule or part so adopted has not been changed since having been submitted to the committees and objection thereto was not made by both committees. (c) Any rule or part thereof to which an objection is made by both committees within the 30 day objection period under subsection (b) of this Code section shall not be adopted by the planning agency and shall be invalid if so adopted. A rule or part thereof thus prohibited from being adopted shall be deemed to have been withdrawn by the planning agency unless the agency, within the first 15 days of the next regular session of the General Assembly, transmits written notification to each member of the objecting committees that the agency does not intend to withdraw that rule or part thereof but intends to adopt the specified rule or part effective the day following adjournment sine die of that regular session. A resolution objecting to such intended adoption may be introduced in either branch of the General Assembly after the fifteenth day but before the thirtieth day of the session in which occurs the notification of intent not to withdraw a rule or part thereof. In the event the resolution is adopted by the branch of the General Assembly in which the resolution was introduced, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch to have that branch, within five days after receipt of the resolution, consider the resolution for purposes of objecting to the intended adoption of the rule or part thereof. Upon such resolution being adopted by two-thirds of the vote of each branch of the General Assembly, the rule or part thereof objected to in that resolution shall be disapproved and not adopted by the planning agency. If the resolution is adopted by a majority but by less than two-thirds of the vote of each such branch, the resolution shall be submitted to the Governor for his approval or veto. In the event of his veto, or if no resolution is introduced objecting to the rule, or if the resolution introduced is not approved by at least a majority of the vote of each such branch, the rule shall automatically become adopted the day following adjournment sine die of that regular session. In the event of the Governor's approval of the resolution, the rule shall be disapproved and not adopted by the planning agency. (d) Any rule or part thereof which is objected to by only one committee under subsection (b) of this Code section and which is adopted by the planning agency may be considered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of the planning agency in adopting a proposed rule over such objection so to notify the chairmen of the Human Resources Committee of the Senate and the Health and Ecology Committee of the House within ten days after the adoption of the rule. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly FRIDAY, MARCH 8, 1985 2367 to have such branch, within five days after the receipt of the resolution, consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by a majority but by less than twothirds of the votes of either branch, the resolution shall be submitted to the Governor for his approval or veto. In the event of his veto, the rule shall remain in effect. In the event of his approval, the rule shall be void on the day after the date of his approval. (e) Except for emergency rules, no rule or part thereof adopted by the planning agency after this Code section becomes effective shall be valid unless adopted in compliance with subsections (b), (c), and (d) of this Code section and subsection (a) of Code Section 50-13-4. (f) Emergency rules shall not be subject to the requirements of subsection (b), (c), or (d) of this Code section but shall be subject to the requirements of subsection (b) of Code Section 50-13-4. Upon the first expiration of any planning agency emergency rules, where those emergency rules are intended to cover matters which had been dealt with by the agency's nonemergency rules but such nonemergency rules have been objected to by both legislative committees under this Code section, the emergency rules concerning those matters may not again be adopted except for one 120 day period. No emergency rule or part thereof which is adopted by the planning agency shall be valid unless adopted in compliance with this subsection. (g) Any proceeding to contest any rule on the ground of noncompliance with this Code section must be commenced within two years from the effective date of the rule, (h) For purposes of this Code section, 'rules' shall mean rules and regulations." Section 3. Said title is further amended by striking Article 2A of Chapter 8 thereof, relating to hospital care for indigent pregnant women, and inserting in its place a new article to read as follows: "ARTICLE 2A 31-8-40. The General Assembly finds that Georgia's high rates of infant mortality and morbidity are costly to the state in terms of human suffering and of expenditures for long-term institutionalization, special education, and medical care. It is well documented that appropriate care during pregnancy and delivery can prevent many of the expensive, disabling problems our children experience. The State of Georgia is making progress in improving services and funding. However, the General Assembly is concerned that some women continue to be refused service for financial reasons at hospitals when they request admission after labor has begun. It is the purpose of this article to assure that: (1) ne No hospital denies available, appropriate emergency services to a woman who has not made prior arrangements for the payment of the delivery and who seeks hospital care for the safe delivery of her child; a4 te asswe that (2) counties Counties assume a share of the responsibility in meeting this critical need for their residents who receive such care when no other source of payment from public or private sources is available?; and (3) Women receiving such care and other persons specified in this article assume certain responsibilities with regard to payment for such care after it is rendered, but it is not the purpose of this article to establish a general health insurance program for all pregnant indigent women. 31-8-41. As used in this article, the term: (1) 'Cost of care' means the cost of services rendered by a hospital for care required to be provided thereby under this article, and for services rendered by a physician in connection therewith, at the lesser of the actual charges or the reimbursement rate currently in effect for the hospital and physician under the medical assistance program for the needy under Title XIX of the Social Security Act (42 U.S.C.A. Section 1396, et seq.), as amended, but shall not include any portion of such cost which is paid by the indigent patient, by the spouse or a relative of the indigent 2368 JOURNAL OF THE HOUSE, patient, by the father of the child, by insurance, or by any governmental or other public agency pursuant to any federal, state, or local program paying cost of health care for indigent patients, other than the program established by this article. The Medicaid reimbursement rate for services under this article shall not be adjusted for outlier payment. Payments actually received by a hospital or physician, when made by the patient, the patient's spouse, family member, father of the patient's child, or by insurance, the medical assistance program for the needy, any similar federal, state, or local program, or any other third-party payor other than a county, shall constitute payment to the hospital or physician, respectively, of the payment amount so received and exclude that amount from the definition of 'cost of care.' When a hospital renders care to a woman who is not a resident of the county in which that hospital is located and that care is required to be provided under this article but there is within the county of residence of that woman a hospital which usually and customarily provides that care, 'cost of care' means the lesser of the actual charges for the care actually rendered or the Medicaid reimbursement rate currently in effect for such care, which Medicaid reimbursement rate shall be that Medicaid rate for such care in the hospital of the woman's county of residence, unless there is more than one such hospital, m which event the rate shall be the average Medicaid rate for such care in all hospitals of the woman's county of residence. (2) 'Hospital' means a hospital which is permitted to operate by the department pursuant to Article 1 of Chapter 7 of this title. (3) 'Indigency' means the inability of a patient or other person to pay the entire cost of care determined in accordance with subsection (a) of Code Section 31-8-43. wtto rifls 1366D cerlitied fts ftfi indigent pursxiftut to Oode bection Qi o"4o prsffn&nt woman who receives services under this article. (5) 'Resident of the county' means a person who is domiciled in the county as determined pursuant to Chapter 2 of Title 19. 31-8-42. Any hospital which operates an emergency service shall be required to provide the appropriate, necessary emergency services to any pregnant woman who is a resident of this state and who presents herself in active labor to the hospital, if those services are usually and customarily provided in that facility, which services shall be provided within the scope of generally accepted practice based upon the information furnished the hospital by the pregnant woman, including such information as the pregnant woman reveals concerning her prenatal care, diet, allergies, previous births, general health information, and other such information as the pregnant woman may furnish the hospital. If, in the medical judgment of the physician responsible for the emergency service, the hospital must transfer the patient because the hospital is unable to provide appropriate treatment, the hospital where the patient has presented herself shall: (1) Within the capabilities of the hospital provide such emergency services as the circumstances require, which services shall be provided within the scope of generally accepted practice based upon the information furnished the hospital by the pregnant woman, including such information as the pregnant woman reveals concerning her prenatal care, diet, allergies, previous births, general health information, and other such information as the pregnant woman may furnish the hospital; (2) Contact an appropriate receiving hospital and notify such hospital that the patient is in transit; (3) Arrange suitable transportation for the patient if necessary; and (4) Send to the receiving hospital any available information on the patient's history and condition. The transfer shall not be authorized until the physician considers the patient sufficiently stabilized for transport. 31-8-43. (a) The commissioner of human resources shall adopt state-wide standards to determine indigency for the purposes of this article2 which standards shall be based upon and consistent with 125 percent of the federal poverty level as it exists upon the effective date of this subsection. e th extent practicable, such standards shall be 91flndflFds ftdopted tor the purpose or determining trie fttniity to p&y FRIDAY, MARCH 8, 1985 2369 ftGresttcr CHSCtcQ, govcFRing FCspon8toilrty tor psyment or cost of c&rc 101* ric811ri~csrc services rendered by state hospitals. These standards shall further provide for legal liability, based upon ability to pay some reasonable percentage of cost of care, for patients and other persons legally liable for the patients' cost of care if those patients or other persons do not meet the indigency standards based upon less than 100 percent of the federal poverty level but do meet those standards based upon between 100 and 125 percent of the federal poverty level, as such level exists on the effective date of this subsection. (b) Within 30 days after receiving the standards provided by the commissioner pursuant to subsection (a) of this Code section, the governing authority of each county, by resolution, shall designate a person, to be known as the health-care advisory officer of the county, to make a determination of indigency for the residents of the county in accordance with the standards promulgated pursuant to subsection (a) of this Code section. The health-care advisory officer shall carry out such additional duties as may be assigned to him by the governing authority of the county. It shall be the duty of the governing authority of each county to mail a copy of such resolution to the chief administrative officer of each hospital commissioner or the commissioner's designee within 15 days after its adoption. The governing authority of any county may change the person designated as the health-care advisory officer, but any such change shall be accomplished by resolution of the governing authority, and a copy of the resolution making such change shall be mailed to the chief administrative officer ef- each hospital commissioner or the commissioner's designee within 15 days after its adoption. If a county fails or refuses either to designate a health-care advisory officer or to provide to the commissioner or the commissioner's designee the required notification of the county's designation of such officer, the county governing authority shall be deemed to be such officer for purposes of this article. (c) When a patient receives health care from a hospital or physician, which care that hospital is required to provide the patient under Code Section 31-8-42, and when such patient claims inability te pay eest ef- eare because ef indigency, the chief administrative officer of the hospital shall determine whether any portion of the cost of services may be paid by the medical assistance program for the needy under Title XIX of the Social Security Act, by insurance, or by any other governmental or public agency pursuant to any federal, state, or local program and provide written notification of such determination to the health-care advisory officer of the county of residence of the patient. Such notification shall include a certification by the chief administrative officer of the hospital that an appropriate investigation has been made and that it has been determined that no portion of the cost of services may be paid by the medical assistance program for the needy under Title XIX of the Social Security Act, by insurance, or by any other governmental or public agency pursuant to any federal, state, or local program or a certification that an appropriate investigation has been made and that a portion of the cost of services may be paid from such sources. If it is determined that a portion of the cost of services may be paid from such sources, then the notification shall include a certification of the amount which may be so paid. Such notification shall also request a determination of indigency of the patient. As soon as practicable after receiving such notification but not later than 39 60 days thereafter, the health-care advisory officer of the county shall notify the chief administrative officer of the hospital of his determination. If the health-care advisory officer determines that the patient is indigent meets the indigency standards or if the health-care advisory officer of a county fails to respond to a request for a determination of indigency from a hospital providing health care for such patient within the time limitation provided by this subsection, the county of residence of the patient shall be liable for the payment of cost of care of such patient in the each hospital er hospitals rendering the emergency services. In such event, the each hospital; hospitals, and physicians physician providing the emergency health care for the patient may bill the county of residence of the patient for the amount of the patient's cost of care^ ad it. It shall be the duty of the governing authority of such county to pay the hospital and physician that billed amount? plus, if that billed amount is not paid 2370 JOURNAL OF THE HOUSE, by the county within 120 days after the mailing of a request for a determination of indigency, interest on the billed amount at the rate specified in Code Section 48-2-40 for unpaid taxes. (d) To the end that the certifications of indigency required by subsection (c) of this Code section may be expedited, it shall be the duty of each county health-care advisory officer to establish and maintain files showing the names of county residents whom that officer has determined to be indigent. (e) It shall be the duty of the commissioner to devise such standard forms as may be necessary or desirable to administer this Code section uniformly. It shall be the duty of counties, health-care advisory officers, and hospitals to use the forms promulgated by the commissioner pursuant to this subsection. (f) To the extent practicable and consistent with appropriate health care, the commissioner and the health-care advisory officer shall encourage the use of hospitals located in the county of residence of the pregnant woman. 31-8-43.1. (a) A patient who receives services under this article shall, by accepting such services, be deemed to have agreed to: (1) Be liable to any county which pays all or any part of that patient's cost of care for the entire amount so paid by that county, except that a patient who meets the indigency standards based upon 100 to 125 percent of the federal poverty level shall be liable for an amount which is the greater of $100.00 or the reasonable percentage of costs for which the patient is liable under subsection (a) of Code Section 31-8-43 and a patient who meets the indigency standards based upon less than 100 percent of the federal poverty level shall be liable for $100.00 of those costs, but liability under this subsection shall never exceed the county's payments for cost of care; (2) Have made an assignment to that county paying any part of that patient's cost of care for any benefits for such care for which the patient is eligible from a third party up to the amount actually paid and cooperate with the county in obtaining any such benefits to repay the county; (3) Cooperate with any county paying any part of that patient's cost of care in identifying the father of a child delivered to the patient by a hospital acting in compliance with this article and in seeking to obtain from such father repayment of that portion of the county's payment which, under the indigency standards, that father is able to repay; and (4) Cooperate with any county paying any part of that patient's cost of care in applying and qualifying for the medical assistance program for the needy under Title XIX of the Social Security Act or any other federal, state, or local governmental program for which the patient may be eligible. (b) The failure of a patient to cooperate as required by paragraphs (2), (3), and (4) of subsection (a) of this Code section shall render the patient and any person liable for other expenses of the patient, including but not limited to the parents of a minor patient and the spouse of a patient, liable to the county for all payments which that county makes for the patient's cost of care. Failure of a patient to cooperate as required by paragraphs (2), (3), and (4) of subsection (a) of this Code section shall not be a valid ground to deny the patient services otherwise required to be provided under this article unless the patient at the time of admission refuses to sign a document, in such form as the commissioner shall prescribe and provide, acknowledging notification that the patient's receiving services shall constitute an agreement to the terms of paragraphs (1) through (4) of subsection (a) of this Code section unless waived by the county healthcare advisory officer. (c) Except as provided in subsection (b) of this Code section, the father of a patient's child who is delivered by a hospital as required by this article and any other person legally responsible for other expenses of the patient shall be liable to the county which pays the patient's cost of care to the same extent the patient is liable therefor under paragraph (1) of subsection (a) of this Code section. This obligation to make repayment shall be in addition to any other obligation imposed by law. (d) The county may bring a civil action to recover, from any person liable therefor under this Code section, those payments which the county has made for a patient's cost FRIDAY, MARCH 8, 1985 2371 of care to the extent of the liability imposed by this Code section but in no event may recover more than the county paid for such costs of care. (e) A county or any person aggrieved by any determination under this article that such county or person is liable for a patient's cost of care may bring a de novo civil action in superior court challenging that determination. 31-8-44. No physician, nurse, or other such medical assistant, nor the hospital or any of its agents or employees shall be guilty of malpractice or civilly liable therefor for treatment rendered under this article unless the physician, nurse, or other medical assistant, or the hospital, its agent, or employee has been grossly negligent in the provision of such services or has willfully failed to comply with the provisions of this article. No action shall be brought in connection with treatment rendered under this article without a specific allegation of gross negligence or willful failure to comply. 31-8-45. If a hospital fails or refuses to provide treatment or services pursuant to the provisions of Code Section 31-8-42, a person aggrieved by such failure or refusal shall have a cause of action against the hospital for damages and for such other relief as the court having jurisdiction of the action deems proper. No person shall be prohibited from maintaining such an action for failure to exhaust any rights to administrative relief. 31-8-46. (a) If the department receives notice that a violation by a hospital of Code Section 31-8-42 is in progress, the department shall immediately order an investigation to determine whether or not there has been a violation and upon finding that a violation has occurred shall immediately order the hospital to comply with that Code section. (b) If a hospital violates Code Section 31-8-42, the department shall assess a civil penalty of $500.00 for each such violation. Any such civil penalty shall be imposed by the department only after notice and hearing as provided in Article 1 of Chapter 5 of this title. Any person or facility subject to a civil penalty under this Code section is entitled to judicial review in accordance with Article 1 of Chapter 5 of this title. All civil penalties recovered by the department under this Code section shall be paid into the general fund of the state treasury. (c) Any hospital held to be in violation of Code Section 31-8-42 more than three times within any 12 month period shall be subject to suspension or revocation of license by the Department of Human Resources. (d) The Department of Human Resources is authorized and directed to promulgate appropriate rules and regulations for the enforcement of this article. (e) Nothing in this article shall be construed to preempt any other law or to deny to any individual any rights or remedies which are provided by or under any other law." Section 4. Except for Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 of this Act shall become effective on May 1, 1985, and shall apply to health-care services delivered on or after that date. Section 5. All laws and parts of laws in conflict with this Act are repealed. Representative Childers of the 15th moved that the House agree to the Senate substitute to HB 484. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams,M YAiken Y Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Auten Y Bailey Balkcom Y Bannister Bargeron Y Barnett,B Y Barnett.M Y Beck Y Benefield Benn Birdsong Y Bishop Y Bolster Y Bostick Y Branch Y Bray Brooks Brown.G Y Brown,J Y Buck Burruss Y Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark,L Y Colbert Coleman Y Colwell Connell Cooper Y Copelan Y Couch Y Cox Y Crawford Y Crosby Y Cummings Y Daugherty Y Davis Y Dean Y Dixon Y Dobbs Y Dover Dunn Y Edwards Y Evans Y Felton Y Foster Y Galer Y Godbee Y Goodwin 2372 JOURNAL OF THE HOUSE, Y Greene Y Greer Y Groover Hamilton Y Manner Y Hasty YHays Y Heard YHiU Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y JacksonJ Y Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson.R Y Johnson,S Y Kilgore Y Kingston Y Lane,D Y Lane.R Lawler Y Lawrence Y Lawson Y Lee.C YLee.W Y Under YLogan Long Lord Lucas Y Lupton Y Maddoi Mangum Y Martin,C Y Martin,J Y Matthews McDonald McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Pettit Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V YRandall On the motion, the ayes were 143, nays 0. The motion prevailed. Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P Ross Y Royal Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith.P Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker,L YWall Ware Watson Y Watts Y White Y Wilder Y Williams,B Y WilliamsJ Y WiUiarm.R Wilson YWood Workman Y Yeargin Young Murphy,Spkr 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 414 Do Pass Respectfully submitted, Lee of the 72nd Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR FRIDAY, MARCH 8, 1985 Mr. Speaker and Members of the House: Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 8, 1985, by adding the following: HR 98 HR 167 HR 299 HR 326 HR 362 HR 414 University Sys. Lab., Equip., Eminent Scholars Endowment Study Comm.: Create Center for Rehabilitation Technology Study Comm.:Create Feminization of Poverty Study Comm.: Create Travel Industry Study Comm.: Create Hospital Cost Containment Study Comm.: Create Logging Safety Study Committee: Create SB 9 St. Officers: Emp.: Engage in Political Activities SB 160 Worker's Compensation: Amend Provisions Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect. FRIDAY, MARCH 8, 1985 2373 Respectfully submitted, Is/ Lee of the 72nd Chairman Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time: SR 168. By: Senator Reddish of the 6th: A RESOLUTION authorizing the conveyance of certain state owned real property located in Brantley County, Georgia, to the Brantley County Board of Commissioners; 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: Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield Benn Y Birdsong Y Bishop Bolster Y Bostick Y Branch Bray Y Brooks Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Y Cooper YCopelan Couch Cox Y Crawford Y Crosby Y Cummings Daugherty YDavis Dean Y Dijon YDobbs Y Dover YDunn Y Edwards Y Evans Y Felton Y Foster YGaler YGodbee YGoodwin Greene YGreer Y Groover Hamilton Manner Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J Y Jackson,N Y Jamieson Y Johnson.D Y Johnson,? Y Johnson.R Johnson,S Y Kilgore Y Kingston Y Lane,D YLane.R Y Lawler Y Lawrence Y Lawson YLee,C YLee.W Linder YLogan Long Lord Lucas Y Lupton Y Maddox Y Mangum Martin.C Y Martin,J Y Matthews McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore YMorton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Pettit Y Phillips Pinkston Y Porter YRainey Ramsey.T Y Ramsey.V YRandall Ransom YRay Reaves Y Redding Richardson Y Robinson.C Y Robinson,? Ross Y Royal Y Russell YSelman Shepard Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith.P Y Smith,T Smyre Y Stancil Steinberg Y Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplett Twiggs Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Williams.R Wilson Y Wood Workman Y Yeargin Young Murphy,Spkr On the adoption of the Resolution, the ayes were 134, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. The following Resolution of the House was read and adopted: HR 442. By: Representatives Rainey of the 135th, Hays of the 1st, and Oliver of the 1st: A RESOLUTION congratulating Honorable Robert G. Peters; and for other purposes. 2374 JOURNAL OF 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 following Bills of the House: HB 539. By: Representatives Pettit of the 19th and Banner of the 131st: A BILL to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first offender treatment of persons charged with crimes, so as to change the provisions relating to the use of prior findings of guilt in subsequent prosecutions and release of records of discharge; to provide for the modification of records of the Georgia Crime Information Center and the dissemination of such modified records; and for other purposes. HB 614. By: Representatives Martin of the 26th, Walker of the 115th, Childs of the 53rd, Greer of the 39th, and Holmes of the 28th: A BILL to amend Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to filing of petitions seeking relief from family violence, so as to provide for additional duties of court clerks and certain other persons regarding victims and petitioners in actions regarding family violence; to provide that the performance of such duties shall not constitute the unauthorized practice of law; 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 615. By: Representative Lane of the 27th: A BILL to amend Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the Composite State Board of Medical Examiners, so as to urge physicians to distribute informational booklets on breast cancer to patients suspected of having breast cancer; and for other purposes. The President has appointed on the part of the Senate the following: Senators Engram of the 34th, Fincher of the 54th, and Kidd of the 25th. The Senate adheres to its disagreement to House amendment #2 and has appointed a Conference Committee on the following Bill of the Senate: SB 62. By: Senator Broun of the 46th: A BILL to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the definition of the term "lottery"; and for other purposes. The President has appointed on the part of the Senate the following: Senators Broun of the 46th, Peevy of the 48th, and Deal of the 49th. The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House: HB 651. By: Representative Davis of the 45th: A BILL to amend Code Section 15-10-22 of the Official Code of Georgia Annotated, relating to the qualifications and restrictions on the practice of law for magistrates, so as to change the provisions relating to the restrictions on the practice of law; and for other purposes. FRIDAY, MARCH 8, 1985 2375 The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House: HB 705. By: Representatives Triplett of the 128th, Murphy of the 18th, Wood of the 9th, Colwell of the 4th, Dobbs of the 74th, and Evans of the 84th: A BILL to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract, so as to authorize the department to award a contract when only one bid has been received on the project; to require the department to open such bid; to require disclosure of the estimate; and for other purposes. The President has appointed on the part of the Senate the following: Senators Coleman of the 1st, Holloway of the 12th, and Huggins of the 53rd. The following Resolutions of the House were read and adopted: HR 443. By: Representatives Smith of the 152nd and Dixon of the 151st: A RESOLUTION recognizing Lucy Ricketson Ferguson; and for other purposes. HR 446. By: Representatives Morton of the 47th and Davis of the 45th: A RESOLUTION commending Betty Jane Robinson; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time: SR 184. By: Senators Bond of the 39th, Scott of the 2nd, Walker of the 43rd, and others: A RESOLUTION To ratify the amendment to the United States Constitution to provide for representation of the District of Columbia in the Congress; and for other purposes. WHEREAS, the 95th Congress of the United States of America at its second Session, in both Houses, by a Constitutional majority of two-thirds thereof, adopted the following proposition to amend the Constitution of the United States of America in the following words, to wit: "JOINT RESOLUTION Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress: 'ARTICLE Section 1. For purpose of representation in the Congress, election of the President and Vice President, and article V of this Constitution, the District constituting the seat of government of the United States shall be treated as though it were a State. Sec. 2. The exercise of the rights and powers conferred under this article shall be by the people of the District constituting the seat of government, and as shall be provided by the Congress. Sec. 3. The twenty-third article of amendment to the Constitution of the United States is hereby repealed. Sec. 4. This article shall be inoperative, unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.'" 2376 JOURNAL OF THE HOUSE, NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the above proposed amendment to the Constitution of the United States of America is ratified. BE IT FURTHER RESOLVED that the Secretary of State is directed to transmit a certified copy of this resolution to the Administrator of General Services, Washington, D. C.; to the President of the United States Senate; and to the Speaker of the United States House of Representatives. 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 N Adams,M N Aiken Alford Y Alien N Anderaon NArgo N Athon N Atkins Auten Bailey N Balkcom N Bannister N Bargeron Barnett.B N Barnett,M YBeck Benefield Benn N Birdsong Y Bishop Y Bolster Bostick N Branch NBray Y Brooks Y Brown,G N Brown.J YBuck Burruss NByrd N Carter Chambless N Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L N Colbert N Coleman N Colwell Connell N Cooper Copelan Y Couch NCox N Crawford N Crosby Y Cummings Y Daugherty N Davis YDean Y Dixon N Dobbs Dover N Dunn Y Edwards N Evans N Felton Foster Y Galer Godbee N Goodwin Y Greene Greer N Groover Y Hamilton Y Manner Hasty Hays N Heard NHill N Holcomb Y Holmes Y Hooks N Home N Hudson N Isakson N Jackson,J N Jackson,N N Jamieson Y JohnsonJD N Johnson,F N Johnson.R Y Johnson.S Y Kilgore N Kingston Lane.D N Lane,R Y Lawler N Lawrence Y Lawson YLee,C N Lee.W N Under N Logan Long Lord Y Lucas N Lupton N Maddox N Mangum Martin.C Y Martin,J N Matthews McDonald N McKelvey Y McKinney Milam Milford N Moody N Moore N Mortal N Mostiler Y Moultrie N Mueller Y Oliver.C Oliver,D N Padgett Y Pannell YParham N Parrish N Patten Peters N Pettit Phillips N Pinkston N Porter Rainey Y Ramsey.T N Ramsey,V YRandall N Ransom Ray Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,P Ross N Royal N Russell Y Selman N Shepard N Sherrod Y Sinkfleld Y Sizemore N Smith,L Y Smith,P N Smith.T YSmyre Stancil Y Steinberg N Thomas.C Y Thomas.M Y Thompson N Townsend Y Triplett Twiggs N Waddle Waldrep Y Walker.C Y Walker,L N Wall Ware Watson Watts Y White N Wilder N Williams.B Y Williams,J N Williams.R N Wilson Y Wood Y Workman Y Yeargin Y Young Murphy ,Spkr On the adoption of the Resolution, the ayes were 62, nays 80. The Resolution, having failed to receive the requisite constitutional majority, was lost. Representative Greer of the 39th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon: SB 19. By: Senators Peevy of the 48th, Allgood of the 22nd, Dawkins of the 45th, and others: A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to comprehensively revise FRIDAY, MARCH 8, 1985 2377 the provisions relating to the regulation and licensure of polygraph examiners; to create the State Board of Polygraph Examiners; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON SB 19 The Committee of Conference on SB 19 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 19 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable Thomas F. Allgood Senator, 22nd District /s/Honorable Donn M. Peevy Senator, 48th District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Dean Alford Representative, 57th District /s/Honorable Terry L. Coleman Representative, 118th District /s/Honorable Paul H. Trulock Senator, 10th District /s/Honorable Denmark Groover, Jr. Representative, 99th District A BILL To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to comprehensively revise the provisions relating to the regulation and licensure of polygraph examiners; to provide for legislative intent; to provide a short title; to define certain terms; to create the State Board of Polygraph Examiners; to provide for qualifications, terms of office, reimbursement, and powers and duties of the members of such board; to require polygraph examiners to have licenses; to provide qualifications for a license as a polygraph examiner; to require an applicant for a polygraph examiner license to complete a polygraph examiner intern program; to require licensed polygraph examiners to supervise and control polygraph examiner interns; to require applications for licenses; to provide for the issuance of licenses, renewal of licenses, and license fees; to provide for the continuation of certain licenses; to provide for reciprocity; to regulate the administration of polygraph examinations; to prohibit certain activities by polygraph examiners; to provide for rights of examinees; to provide for the maintenance of records of polygraph examinations; to provide for minimum insurance coverage or the posting of bonds or net worth affidavits; to provide for investigative and disciplinary authority of the board; to provide a penalty for the unlicensed administration of polygraph examinations; to provide for applicability; to provide a termination date; to provide for other matters relative to the foregoing; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide a cause of action for persons who suffer damages as a result of polygraph examinations; to provide for damages; to provide for legislative intent and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Chapter 36, relating to polygraph examiners, in its entirety and inserting in lieu thereof a new Chapter 36 to read as follows: "CHAPTER 36 43-36-1. The General Assembly declares that it is the policy of this state that the only proper uses of a polygraph shall be to measure stressful physiological responses for 2378 JOURNAL OF THE HOUSE, the purpose of detecting deception or verifying truth of statement or for scientific or academic research or experiments. Any use of a polygraph or a polygraph examination which is primarily intended to frighten or intimidate rather than measure stressful physiological responses is declared to be improper. 43-36-2. This chapter shall be known and may be cited as the 'Georgia Polygraph Examiners Act.' 43-36-3. As used in this chapter, the term: (1) 'Board' means the State Board of Polygraph Examiners. (2) 'Polygraph' means an instrument to measure stressful physiological responses for the purpose of testing or questioning individuals so as to detect deception or verify truth of statement. Such instrument shall, as a minimum, record visually, permanently, and simultaneously a subject's cardiovascular pattern, respiratory pattern, and galvanic skin response. (3) 'Polygraph examiner' means any person who measures stressful physiological responses which purport to detect deception or verify truth of statement through the use of instrumentation as described in paragraph (2) of this Code section. (4) 'Polygraph examiner intern' means any person engaged in the study of polygraphy and the administration of polygraph examinations under the personal supervision and control of a polygraph examiner. 43-36-4. (a) There is created a board to be known as the State Board of Polygraph Examiners. The board shall consist of seven members who shall be residents of this state. (b) Four members shall be polygraph examiners who have qualified under this chapter and who have been licensed polygraph examiners for at least four years. The terms of these four members shall be four years each. The terms shall be staggered so that one term expires each year. Two of such members shall be from the private sector and two shall be from the government sector. (c) One member shall be appointed as a representative of the area of private-sector employment. Such member shall be appointed for a term of four years. (d) One member shall be appointed as a representative of the scientific or academic community who has some knowledge of polygraphs or polygraph examinations. Such member shall be appointed for a term of four years. (e) One member shall be appointed from the public at large and shall have no connection whatsoever with the profession or practice of polygraph examination. The initial term of appointment for the at-large member shall expire June 30, 1986; thereafter, the Governor shall appoint successors for a term of four years. (f) The members of the board shall be appointed by the Governor. No two members shall be employed by the same person or agency while serving on the board. Vacancies occurring on the board shall be filled by the Governor. When an appointment is made to fill a vacancy caused by death or otherwise, such appointment shall be for the remainder of the unexpired term of the member whose position was filled. No member shall serve more than two consecutive full terms. (g) The members of the board shall annually appoint one of its members to be chairman. (h) Members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (i) No member may directly or indirectly engage in any board business involving any individual which that board member has supervised or instructed. (j) The joint-secretary shall serve as secretary of the board. (k) The members serving on the State Board of Polygraph Examiners on July 1, 1985, shall continue to serve their respective terms of office. 43-36-5. The board shall have the following powers and duties: (1) To determine the qualifications and fitness of applicants for licenses consistent with this chapter; (2) To issue, renew, deny, suspend, or revoke licenses consistent with this chapter; (3) To initiate investigations for the purpose of discovering violations of this chapter; FRIDAY, MARCH 8, 1985 2379 (4) To hold hearings on all matters properly brought before the board in connection with such investigations, to administer oaths, receive evidence, make the necessary determinations, and enter orders consistent with the findings; (5) To establish continuing education requirements by rules and regulations; and (6) To adopt, amend, or repeal all rules necessary to carry this chapter into effect. 43-36-6. (a) In order to qualify for a license as a polygraph examiner, a person must: (1) Be at least 21 years of age; (2) Be a citizen of the United States; (3) Be a person of good moral character; (4) (A) Have a bachelor's degree from a full four-year accredited university or college recognized as such by the board; or (B) (i) Have completed two years of study, or its equivalent, at such a university or college which shall include at least one course in physical science and one course in psychology; and (ii) Have at least two years' experience as an investigator or detective with a municipal, county, state, or federal agency. Official transcripts must be submitted as proof for all college courses, technical courses, and other educational credits claimed by the applicant; (5) Have satisfactorily completed a formal training course in the use of a polygraph. Such training shall be of at least six weeks' duration at a polygraph examiners' school acceptable to the board; (6) Have completed a period of a minimum of six months as polygraph examiner intern under the supervision of a qualified polygraph examiner in this state or who has had sufficient training and experience in a state, federal, or municipal agency such that the board, in its discretion, may recognize the applicant as being properly trained and experienced; and (7) Have passed any examination approved by the board for the purpose of deter- mining the qualifications and fitness of applicants for licenses. (b) The board, in its discretion, may waive the 'on premises' requirement during the internship period in cases of extreme hardship. 43-36-7. (a) Prior to examination, a polygraph examiner intern must administer a minimum of 100 examinations consisting of no less than 50 specific examinations in any given six-month internship period. The board, in its discretion, may require a polygraph examiner intern to bring all polygraph charts and allied papers resulting from the examinations conducted by the polygraph examiner intern for review by the board. (b) The applicant must submit to the board for its prior approval the name of the licensed polygraph examiner who will supervise the applicant during the intern program. (c) Once a licensed polygraph examiner has been approved to supervise a polygraph examiner intern, the intern may not transfer to the supervision of another licensed poly- graph examiner without the prior approval of the board. (d) (1) The polygraph examiner who supervises a polygraph examiner intern must: (A) Be a polygraph examiner licensed by the board for a period of at least three years immediately prior to commencing such supervision; and (B) Operate a polygraph or otherwise be involved in polygraph work during at least 75 percent of his time in his current employment position. (2) A polygraph examiner may not supervise more than two polygraph interns at any one time. (3) The intern shall be personally supervised and controlled by the licensed poly- graph examiner approved by the board and such examiner shall be on the premises where any testing is conducted and available to such intern for instruction or consultation. (e) The board shall provide by rule that the licensed polygraph examiner and the polygraph examiner intern shall submit a periodic list to the board of all polygraph examinations conducted by the polygraph examiner intern during such period, stating the names, dates, and types of examinations given by the polygraph examiner intern. This list shall be signed by both the licensed polygraph examiner and the polygraph examiner intern. 2380 JOURNAL OF THE HOUSE, (f) The board may, in its discretion, require the licensed polygraph examiner to appear with the polygraph examiner intern at the board's examination and present to the board any or all of the polygraph charts and allied papers prepared by the polygraph examiner intern during the internship program. 43-36-8. Every person administering polygraph examinations must qualify individually for a license under this chapter and shall file with the board through the joint-secretary a written application accompanied by a fee established by the board. 43-36-9. (a) When the board is satisfied that the applicant meets the requirements set out in Code Section 43-36-6 for a polygraph examiner, the board shall issue and deliver to such applicant a license to conduct polygraph examinations, charging such fee for the issuance of the license as the board may establish. Such license shall not be transferable and shall be revoked or canceled only by the board. (b) When the board is satisfied that the applicant meets the requirements set out in Code Section 43-36-6, except for the qualifications set out in paragraphs (6) and (7) of subsection (a) of Code Section 43-36-6, the board shall issue and deliver to such applicant a license to become a polygraph examiner intern, charging such fee for the issuance of the license as the board may establish. Such license shall not be transferable and shall be revoked only by the board. (c) Notwithstanding any other provisions of this chapter, any person who has been issued a license by the board authorizing such person to administer polygraph examinations and whose license is valid on July 1, 1985, shall not be required to comply with the provisions of paragraphs (4) through (7) of subsection (a) of Code Section 43-36-6. Such person shall continue to be licensed and shall have his license renewed as long as he complies with the remaining provisions of this chapter. 43-36-10. Persons licensed to operate polygraphs under the laws of any other state having requirements similar to those of this chapter may, in the discretion of the board, be issued a license to operate polygraphs in this state without written examination upon the payment of a fee in an amount established by the board. 43-36-11. (a) All licenses issued under this chapter shall be renewable biennially. (b) A polygraph examiner employed by a municipal, county, state, or federal agency shall not be required to pay any application or licensing fees as long as his sole use of the polygraph is in performance of his official duties, provided that such polygraph examiner must be properly licensed as provided in Code Section 43-36-9. (c) All licenses shall at all times be posted in a conspicuous place in the principal place of business of the licensee in this state. The board shall issue to each licensed polygraph examiner an identification card which he must have in his possession when administering polygraph examinations at a location away from his normal place of business. 43-36-12. All polygraph examinations shall be conducted under such testing conditions as are established by rules and regulations of the board. Such conditions, at a minimum, shall provide that: (1) No chart shall contain less than seven nor more than 15 questions; (2) An examiner shall allow a minimum of ten seconds between questions to allow the subject ample time to respond physiologically to each verbal stimulus; (3) (A) A polygraph examiner shall not produce a polygraph chart which is not adequately marked by the polygraph examiner to identify, at a minimum, each of the following: (i) The individual being tested; (ii) The date of the examination; (iii) The time of the chart; (iv) The chart and test number; and (v) The polygraph examiner's initials. (B) A polygraph examiner shall mark charts which are produced from instruments which contain electronically enhanced components to show the sensitivity level at the beginning of the chart and at any point where the sensitivity is changed; (4) A polygraph examiner shall not perform more than two examinations per hour not to exceed 18 polygraph examinations in any one 24 hour period; and FRIDAY, MARCH 8, 1985 2381 (5) When a polygraph examination is being administered, no person shall be present in the room other than the polygraph examiner without the knowledge and prior consent of the examinee. No polygraph examination shall be monitored with viewing or listening devices without the examinee's knowledge. 43-36-13. (a) A polygraph examination shall consist of: (1) A full and complete pretest interview; (2) Chart examination; and (3) A posttest interview when necessary. Such interview will include, but not be limited to, the examinee being informed of the examiner's opinion concerning the test results and an opportunity for the examinee to respond to those opinions rendered. (b) No part of a polygraph examination shall be conducted other than personally by the polygraph examiner. (c) (1) All conclusions or opinions of a polygraph examiner arising from the polygraph examination shall be in writing and shall be based on polygraph chart analysis. A polygraph examiner shall not render any conclusions or opinions without having produced two or more polygraph charts on the examinee covering the same questions. (2) Only three types of conclusions or opinions will be rendered by a polygraph examiner: (A) Deception indicated; (B) No deception indicated; or (C) Inconclusive chart analysis. (3) Such conclusions or opinions shall contain no information other than admissions to relevant issues and interpretation of charts and shall contain no recommendation regarding the prospective or continued employment of an examinee. (4) A polygraph examiner shall, upon written request, provide an examinee who requests within 15 days of the date of examination a written copy of all opinions or conclusions rendered and signed by the polygraph examiner within 15 days of the date the request is received by the examiner. The board is authorized to establish by rule a reasonable fee for the provision of such copy. (d) No person except a licensed polygraph examiner shall conduct an interview in the presence of a polygraph which might lead the examinee to believe that such person is a polygraph examiner. (e) A polygraph examiner shall not ask a question during a polygraph examination unless, prior to such examination, such question has been submitted in writing to the examinee, the polygraph examiner has reviewed such question with the examinee, and the examinee gives written consent to such question. 43-36-14. A polygraph examiner shall not inquire into any of the following areas during preemployment or periodic employment examinations: (1) Religious beliefs or affiliations; (2) Beliefs or opinions regarding racial matters; (3) Political beliefs or affiliations; (4) Beliefs, affiliations, or lawful activities regarding unions or labor organizations; or (5) Sexual preferences or activities. 43-36-15. (a) In order to protect the rights of the examinee in the administration of a polygraph examination, the following minimum procedures must be followed: (1) Each prospective examinee shall be required to sign a notification and receive a copy of such notification, prior to the beginning of a polygraph examination, which contains the following information: (A) That he is consenting voluntarily to take the examination; (B) That the polygraph examiner shall not inquire into any of the following areas during preemployment or periodic examinations: (i) Religious beliefs or affiliations; (ii) Beliefs or opinions regarding racial matters; (iii) Political beliefs or affiliations; (iv) Beliefs, affiliations, or lawful activities regarding unions or labor organizations; or 2382 JOURNAL OF THE HOUSE, (v) Sexual preferences or activities; (C) That he may terminate the examination at any time; (D) That, upon written request, he shall be provided with a written copy of any opinions or conclusions rendered as a result of the examination. The board is authorized to establish by rule a reasonable fee for the provision of such copy; (E) The name of the polygraph examiner, his polygraph examiner license number issued by the board, and his business address; (F) The name and address of the State Board of Polygraph Examiners; and (G) That he has the right to file a complaint with the board if he feels that the examination has been improperly conducted. The exact wording of this provision of the notification shall be prescribed by rules or regulations of the board; (2) The board shall provide by rule for the form of the notification provided for in paragraph (1) of this subsection; (3) (A) A polygraph examiner, when administering a polygraph examination, shall not attempt to measure stressful physiological responses on matters or issues not discussed with the subject during the pretest interview or not reasonably related to the matters or issues previously discussed with the subject. (B) No polygraph examiner after conducting a preemployment polygraph examination shall conduct an accusatory interrogation for the purpose of eliciting a confession or admission against interest from the examinee; provided, however, that this subparagraph shall not preclude a polygraph examiner from informing the examinee of the results of the polygraph examination and giving the examinee an opportunity to explain such results. (C) A polygraph examiner shall not knowingly coerce or intimidate a subject into signing a confession or verbally confessing to matters. (D) A polygraph examiner shall not release the results of a subject's examination unless the examiner has obtained the prior written permission of the subject. (E) A polygraph examiner shall not conduct an examination of a subject if the examiner knows or has reason to believe that the subject is mentally or physically incapable of undergoing a polygraph examination. (F) An examinee shall be allowed to tape-record his examination concerning any matters directly relating to employment; and (4) A licensed polygraph examiner, a licensed polygraph examiner intern, or an employee of a licensed polygraph examiner may only disclose information acquired from a polygraph examination to: (A) The examinee or any other person specifically designated in writing by the examinee; (B) The person, firm, corporation, partnership, business entity, or governmental agency that requested the examination; or (C) Any person pursuant to and directed by court order. (b) The rights and procedures provided for in this Code section shall not be affected by any contract or waiver and a polygraph examiner shall be prohibited from requesting that an examinee execute any such contract or waiver. 43-36-16. A polygraph examiner shall preserve and keep on file for a minimum of two years after administering a polygraph examination all opinions, reports, charts, question lists, and all other records relating to the polygraph examination. 43-36-17. (a) Except as otherwise provided in subsection (b) of this Code section, any polygraph examiner licensed under this chapter shall be required to acquire and maintain a minimum of $25,000.00 professional liability insurance. No licensee or applicant shall cancel or cause to be canceled any insurance policy issued pursuant to this Code section unless the board is so informed in writing by certified mail at least 30 days prior to the proposed cancellation. (b) (1) In lieu of the requirements of subsection (a) of this Code section, each applicant for a license under this chapter shall provide satisfactory evidence to the board that the prospective licensee has posted or has made provision for the posting of a bond. The required bond shall be executed in favor of the state, in the amount of $10,000.00, with a surety company authorized to do business in this state and FRIDAY, MARCH 8, 1985 2383 conditioned to pay damages not to exceed the amount of such bond to any person aggrieved by any act of the principal named in such bond, which act is in violation of this chapter and would be grounds for denial, suspension, or revocation of a license. Immediately upon the granting of a license, such bond shall be filed with the jointsecretary by the licensee and shall be approved by the joint-secretary as to form and as to the solvency of the surety. The prospective licensee may file the required bond with the joint-secretary prior to the granting of a license for the joint-secretary's approval. No licensee shall cancel or cause to be canceled a bond issued pursuant to this Code section unless the board is so informed in writing by certified mail at least 30 days prior to the proposed cancellation. In lieu of the required bond, the prospective licensee may submit a net worth affidavit, prepared using standard accounting procedures, which affidavit indicates that the prospective licensee has a net worth of more than $50,000.00. The board, in its discretion, may accept a financial affidavit in lieu of the bond required by this subsection. The board shall require licensees under this Code section to submit periodic financial updates to ensure continued financial responsibility. If the surety or licensee fails to submit, within ten days of the effective date of cancellation, a new bond or a net worth statement as outlined in this subsection, the board shall have the authority to revoke any license issued under this chapter. (2) If the insurance policy or the bond issued as a requirement of this Code section is canceled for any reason by either the insurance carrier, surety, or licensee and the licensee fails to submit within ten days of the effective date of the cancellation either a new insurance policy, bond, or net worth statement showing that the licensee has a net worth of $50,000.00, calculated according to standard accounting procedures, the license of such person shall stand revoked. The board shall by rules and regulations provide procedures which will enable such a person with a revoked license to have the license reinstated upon proof of insurance, bond, or appropriate net worth statement. (c) The board is authorized to provide by rule for the implementation and enforce- ment of this Code section. (d) This Code section shall not apply to a polygraph examiner employed by a municipal, county, state, or federal agency as long as such examiner's sole use of the polygraph is in performance of his official duties. 43-36-18. Investigative and disciplinary authority of the board shall be as provided for in Code Section 43-1-19. 43-36-19. It shall be unlawful for any person to conduct polygraph examinations unless he shall have first obtained a license as provided in this chapter and possesses all the qualifications prescribed by the terms of this chapter. Any person who conducts or attempts to conduct polygraph examinations without a license, or who buys or fraudulently obtains a license to conduct polygraph examinations, or who violates any of the terms of this chapter, or who uses the title 'polygraph examiner' or any word or title to induce the belief that he is a polygraph examiner, without first complying with this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100.00 nor more than $500.00, or by imprisonment in the county jail for not less than 30 days nor more than one year, or both, at the discretion of the court. All subsequent offenses shall be separate and distinct offenses and punishable in like manner. 43-36-20. It shall be unlawful for an employer or prospective employer to charge or require an employee or prospective employee to pay for any polygraph examination required as a condition of preemployment or continued employment. 43-36-21. This chapter shall not apply to any person who uses a polygraph for the sole purpose of conducting scientific or academic research or experiments. Such results shall be used exclusively for academic or scientific pursuits and in no way shall be used for specific employment or law enforcement or public safety objectives. 43-36-22. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Polygraph Examiners shall be terminated on July 1, 1987, 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." 2384 JOURNAL OF THE HOUSE, Section 2. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by adding a new Code section immediately following Code Section 51-1-36, to be designated Code Section 51-1-37, to read as follows: "51-1-37. (a) Any person who is given a polygraph examination and who suffers damages as a result of: (1) Such polygraph examination having been administered in a negligent manner; or (2) Such polygraph examination having not been administered in conformity with the provisions of Chapter 36 of Title 43 shall have a cause of action against the polygraph examiner. (b) The measure of damages shall be the actual damages sustained by such person, together with reasonable attorneys' fees, filing fees, and reasonable costs of the action. Reasonable costs of the action may include, but shall not be limited to, the expenses of discovery and document reproduction. Damages may include, but shall not be limited to, back pay for the period during which such person did not work or was denied a job as a result of such examination." Section 3. Nothing contained in this Act shall be construed so as to authorize the results of any polygraph examination to be introduced in evidence in any judicial or administrative proceeding in this state; provided, however, that such an examination given with respect to employment may be admitted in an administrative proceeding dealing solely with action taken with respect to the employment; nor shall this Act be construed as a legislative determination that such examinations are reliable to demonstrate any fact or that they have any probative value. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Alford of the 57th moved that the House adopt the report of the Committee of Conference on SB 19. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Alien Y Anderson Y Argo Y Athon Y Atkins Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B N Barnett,M Y Beck Y Benefield Benn Y Birdsong Bishop N Bolster Y Bostick Y Branch Y Bray N Brooks N Brown.G YBrown,J YBuck Y Burruss Y Byrd Y Carter Chambless Y Chance Y Cheeks Y Childers Childs N Clark.B Clark,L Y Colbert Y Coleman N Colwell YConnell Y Cooper Y Copelan Y Couch Y Cox N Crawford Y Crosby N Cummings Y Daugherty YDavis Dean Y Dinon Y Dobbs Dover Dunn Y Edwards Y Evans Y Felton Y Foster YGaler Y Godbee Goodwin Y Greene Y Gteer Y Groover Y Hamilton Y Manner Y Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson.D Y Johnson,F Y Johnson.R Y Johnson,S Y Kilgore N Kingston Lane,D Y Lane,R Lawler N Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan Y Long Lord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C N Martin,J Y Matthews N McDonald Y McKelvey McKinney Y Milam Milford Y Moody Y Moore Y Mortem Y Mostiler N Moultrie Y Mueller Y Oliver.C Oliver.D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Pettit Phillips Y Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V N Randall Ransom Y Ray Reaves Redding Y Richardson Y Robinson.C Y Robinson,? Y Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L Y Smith,? Y Smith.T Y Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Waldrep Walker.C Walker,L FRIDAY, MARCH 8, 1985 2385 VWall Ware Watson Y Watts N White Y Wilder Y Williams.B Y Williams,J Y Willian>8,R On the motion, the ayes were 133, nays 15. The motion prevailed. Y Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr Representative Goodwin of the 63rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. Representative Chambless of the 133rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Cummings of the 17th stated that he inadvertently voted "nay" on the preceding roll call. He wished to vote "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 185. By: Representatives Thomas of the 69th, Oliver of the 1st, Copelan of the 106th, and Smith of the 78th: A BILL to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to the release of juveniles where detention is not warranted, so as to clarify that an informal detention hearing must be held within 72 hours regarding a child who is alleged to be deprived; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 185 The Committee of Conference on HB 185 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 185 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable Albert J. Scott Senator, 2nd District /s/Honorable Floyd Hudgins Senator, 15th District /s/Honorable Arthur Langford, Jr. Senator, 35th District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Charles A. Thomas, Jr. Representative, 69th District /s/Honorable Donald F. Oliver Representative, 1st District /s/Honorable Jesse Copelan, Jr. Representative, 106th District A BILL To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to define a certain term; to change the provisions relating to placement of children alleged to be delinquent, unruly, or deprived; to clarify when an informal detention hearing must be held regarding a child who is alleged to be delinquent, 2386 JOURNAL OF THE HOUSE, unruly, or deprived; 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding between paragraphs (10) and (11) of Code Section 15-11-2, relating to definitions under Chapter 11, a new paragraph (10.1) to read as follows: "(10.1) 'Shelter care' means: (A) A licensed foster home or home approved by the court which may be a public or private home or the home of the noncustodial parent or a relative; or (B) A facility operated by a licensed child welfare agency." Section 2. Said chapter is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 15-11-20, relating to place of detention, limits thereon, and data to be maintained, and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) A licensed foster home or a home approved by the court which may be a public or private home or the home of the noncustodial parent or of a relative;". Section 3. Said chapter is further amended by striking in its entirety subsection (f) of Code Section 15-11-20, relating to place of detention, limits thereon, and data to be maintained, and inserting in lieu thereof a new subsection (f) to read as follows: "(f) A child alleged to be deprived may be detained placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) of this Code section or in a shelter care facility operated by the court." Section 4. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 15-11-21, relating to the release of juveniles where detention is not warranted, and inserting in lieu thereof a new subsection (c) to read as follows: "(c) (1) If a child alleged to be delinquent is not so released, an informal detention hearing shall be held promptly and not later than 72 hours^ excluding weekends and holidays, after he is placed in detention or shelter care to determine whether his detention or shelter care is required under Code Section 15-11-18; ^ provided that, if the 72 hour time period expires on a Saturday, Sunday, or legal holiday, the hearing shall be held on the next day which is not a Saturday, Sunday, or legal holiday. (2) with respect te any If a child alleged to be unruly is not so released, the informal detention hearing shall be held promptly and not later than 72 hours after he is placed in detention or shelter care as provided in subsection (e) of Code Section 15-11-20. (3) If a child alleged to be deprived is not so released, the informal detention hearing shall be held promptly and not later than 72 hours after he is^ placed in shelter care as provided in subsection (f) of Code Section 15-11-20, provided that, if the 72 hour time period expires on a Saturday, Sunday, or legal holiday, the hearing shall be held on the next day which is not a Saturday, Sunday, or legal holiday. (4) Reasonable notice thereof of the hearing specified in this subsection, either oral or written, stating the time, place, and purpose of the detention hearing, shall be given to the child and, if they can be found, to his parents, guardian, or other custodian. In the event the child's parents, guardian, or other custodian cannot be found, the court shall forthwith appoint a guardian ad litem. Prior to the commencement of the hearing, the court shall inform the parties of their right to counsel and to appointed counsel if they are indigent persons and of the child's right to remain silent with respect to any allegations of delinquency or unruly conduct." Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are repealed. FRIDAY, MARCH 8, 1985 2387 Representative Thomas of the 69th moved that the House adopt the report of the Committee of Conference on HB 185. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Adams,M Y Aiken Alford Alien Y Anderson Y Argo Athon Y Atkins Auten Bailey Y Balkcom Y Bannister Y Bargeron Barnett.B Y Barnett.M YBeck Y Benefield Benn Y Birdsong Y Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G Brown,J Buck Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Clark,L Colbert Coleman Colwell Y Connell Y Cooper Y Copelan Y Couch Cox Y Crawford Y Crosby Cummings Daugherty Davis YDean Dixon YDobbs Dover Dunn Y Edwards Evans Felton Foster YGaler Godbee Goodwin Y Greene Y Greer Y Groover Y Hamilton Manner Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Hudson Ylsakson Y Jackson,J Jackson,N Jamieson Y Johnson.D Y Johnson,F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston YLane,D YLane.R Lawler Y Lawrence Y Lawson YLee.C YLee,W Y Under YLogan YLong Lord Y Lucas Lupton Y Maddox Y Mangum Y Martin,C Y Martin.J Y Matthews Y McDonald On the motion, the ayes were 111, nays 0. The motion prevailed. McKelvey McKinney Milam Milford Y Moody Y Moore Y Morton Y Mostiler Moultrie Mueller Y Oliver.C Y 01iver,D Padgett Y Pannell YParham Parrish Y Patten Peters Pettit Phillips Y Pinkston Porter Rainey YRamsey.T Y Ramsey.V YRandall Y Ransom YRay Reaves Redding Richardson Robinson,C Y Robinson,P Boss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas,M Y Thompson Townsend Y Triplett Y Twiggs Waddle Waldrep Walker.C Y Walker,L Wall Ware Watson Y Watts Y White Wilder Williams.B Y Williams,J Y Williams,R Y Wilson Y Wood Y Workman Y Yeargin Y Young Murphy ,Spkr Representative Goodwin of the 63rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 205. By: Representatives Edwards of the 112th, Long of the 142nd, Royal of the 144th, Matthews of the 145th, Wilson of the 20th, and Smith of the 152nd: A BILL to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the provisions relating to the crime of possession, manufacture, or transfer of gambling devices or parts; to provide that it shall be lawful for certain persons to own or possess antique slot machines; and for other purposes. The following Senate substitute was read: A BILL To amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the provisions relating to 2388 JOURNAL OF THE HOUSE, the crime of possession, manufacture, or transfer of gambling devices or parts; to provide that it shall be lawful for certain persons to own or possess antique slot machines; to provide certain definitions; to provide that certain antique slot machines shall not be contraband and subject to seizure and destruction, except under certain circumstances; to make it unlawful for certain persons to own or possess antique slot machines; to make it unlawful for any person to use or allow the use of antique slot machines for gambling purposes; to make it unlawful to have antique slot machines on certain premises or in certain establishments; to provide for the disposition of antique slot machines seized in connection with unlawful activities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, is amended by striking in its entirety Code Section 16-12-24, relating to possession, manufacture, or transfer of gambling devices or parts, and inserting in lieu thereof a new Code Section 16-12-24 to read as follows: "16-12-24. (a) A person who knowingly owns, manufactures, transfers commercially, or possesses any device which he knows is designed for gambling purposes or anything which he knows is designed as a subassembly or essential part of such device is guilty of a misdemeanor of a high and aggravated nature. (b) (1) As used in this subsection, the term: (A) 'Antique slot machine' means a coin operated, nonelectronic mechanical gambling device that pays off according to the matching of symbols on wheels spun by a handle and was manufactured in its entirety, except for identical replacement parts, prior to January L. 1950. (B) 'Conviction' includes a plea of nolo contendere to a felony. (2) It shall be a defense to any action or prosecution under this Code section for possession of a gambling device that the device is an antique slot machine and that said device was not being used for gambling; provided, however, the defense shall not be available to any person who has been convicted of a felony in this or any other state or under federal law and provided, further, that this defense shall not be available if the antique slot machine is on the premises of a private or public club or in an establishment where alcoholic beverages are sold. (3) Any antique slot machine seized as a result of a violation of this Code section shall be contraband and subject to seizure and destruction as provided in Code Section 16-12-30. An antique slot machine seized for a violation of this Code section shall not be destroyed, altered, or sold until the owner has been afforded a reasonable opportunity to present evidence that the device was not operated for unlawful gambling or in violation of this Code section. If the court determines that the device is an antique slot machine and was not operated or possessed in violation of this or any other Code section, such device shall be returned to its owner." Section 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 16-12-30, relating to seizure and destruction of gambling devices, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Except as provided in subsection (b) of Code Section 16-12-24, every Every gambling device is declared to be contraband and subject to seizure and confiscation by any state or local authority within whose jurisdiction the same may be found." Section 3. 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 substitute to HB 205. The motion prevailed. The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon: FRIDAY, MARCH 8, 1985 2389 SB 62. By: Senator Broun of the 46th: A BILL to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the definition of the term "lottery"; and for other purposes. Representative Groover of the 99th moved that the House adhere to its position in amending SB 62 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 Groover of the 99th, Robinson of the 96th, and Bostick of the 138th. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 463. By: Representatives Chambless of the 133rd, Greer of the 39th, Dunn of the 73rd, Alien of the 127th, Couch of the 40th, and others: A BILL to amend Code Section 3-4-60 of the Official Code of Georgia Annotated, relating to the levy and amount of state excise taxes imposed on distilled spirits, so as to establish an excise tax upon the first sale, use, or final delivery within this state of all distilled spirits and alcohol; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OP CONFERENCE REPORT ON HB 463 The Committee of Conference on HB 463 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 463 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable Al Holloway Senator, 12th District /s/Honorable Richard L. Greene Senator, 26th District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Sanford D. Bishop, Jr. Representative, 94th District /s/Honorable Tommy Chambless Representative, 133rd District /s/Honorable J. Nathan Deal Senator, 49th District /s/Honorable Harry Dixon Representative, 151st District A BILL To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change certain excise taxes on distilled spirits, alcohol, table wines, and dessert wines; to provide that such taxes shall be levied on the first sale, use, possession, or final delivery; 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 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking in its entirety Code Section 3-4-60, relating to the levy and amount of excise taxes on distilled spirits and alcohol, which reads as follows: 2390 JOURNAL OF THE HOUSE, "3-4-60. The following state excise taxes are levied and imposed: (1) On the importation of all distilled spirits imported into this state, a tax of $1.00 per liter and on all alcohol imported into this state, a tax of $1.40 per liter, and a proportionate tax at the same rate on all fractional parts of a liter; (2) On the manufacture of all distilled spirits manufactured in this state from Georgia-grown products, a tax of 50$ per liter and on all alcohol manufactured in this state from Georgia-grown products, a tax of 70$ per liter, and a proportionate tax at the same rate on all fractional parts of a liter.", and inserting in lieu thereof a new Code Section 3-4-60 to read as follows: "3-4-60. There is levied and imposed on the first sale, use, possession, or final delivery the following state excise taxes: (1) On all distilled spirits, whether imported into this state or manufactured in this state, a tax of $1.00 per liter and a proportionate tax at the same rate on all fractional parts of a liter; (2) On all alcohol, whether imported into this state or manufactured in this state, a tax of $1.40 per liter and a proportionate tax at the same rate on all fractional parts of a liter." Section 2. Said title is further amended by striking in its entirety Code Section 3-6-50, relating to the levy and amount of excise taxes on wines, which reads as follows: "3-6-50. There is levied and imposed on the first sale, use, or possession of wines within this state the following taxes: (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 outside the state; (2) On table wines produced from fruits and berries grown outside the state, whether produced within or outside the state, 40 where there dfe Doth totdi snd psrttdi dependents &nd trie totfli dependents die; remarry, er cease te be dependents, the partial dependents shall be entitled te the balance of compensation, tf any: The dependency of a spouse shall terminate at age 65 or after payment of 400 weeks of benefits, whichever is greater." Section 2. Said chapter is further amended by adding at the end of Code Section 34-9-100, relating to filing of claims for compensation, a new subsection (d) to read as follows: "(d) On or after July 1, 1985, any application for hearing filed with the board pursuant to this Code section for which no hearing is conducted for a period of five years shall automatically stand dismissed." Section 3. Said chapter is further amended by striking in its entirety Code Section 34-9-200, relating to compensation for medical care and other treatment, and inserting in lieu thereof a new Code Section 34-9-200 to read as follows: "34-9-200. (a) The employer shall furnish the employee entitled to benefits under this chapter compensation for costs of such medical, surgical, and hospital care; and vocational rehabilitation, and other treatment, items, and services which are prescribed 2406 JOURNAL OF THE HOUSE, by a licensed physician, including medical and surgical supplies, original artificial members, prosthetic devices and aids; and replacement ef artificial members, prosthetic devices, and aids damaged or destroyed in a compensable accident, which in the judgment of the State Board of Workers' Compensation shall be reasonably required and appear likely to effect a cure, give relief, or restore the employee to suitable GHI ployinGrit* provided nowevep, tn&t the tots! fljnotint so rumisned sntir not exceed jpOjUuu.Uvj unless ttt trie judgment ot trie ooflrd flddition&i expenditures tre pessonsDiy required Q.HQ tippoor nicely to ciicct ft CUT6, uive rciietj or restore trie employee TO suit" able employment. {b) The costs ef- vocational rehabilitation for the employee's restoration te suitable employment while away frem the employee's heme sfcaH include the reasonable costs of his board, lodging, and travel. T-he period for vocational rehabilitation shaH et exceed On weeicS) unless ttt trie judgment ot tne Doftrd sn extension of s&id period ts reQUired find uppCOTs iiKCiy to restore tiiG employee to suitsDie employment^ i. lie Doflrd msy require recommendations from a panel ef specialists i determining whether er et the extension of tne o weeit period is justiiled. \c/ i nc decision of tne DOflpd to rint or deny fldditionfti medics! flnd vocfltionsi cstcd parties. Any party dissatisfied with the decision may, within 30 days front the date ot sucii decision, request ft ncarmg Dciorc tnc tuil Doard. A request tof sucn a Hearing shall net set as a supcrsedeaa as te the payment of- additional benefits. The decision eftne tun Doard fitter a ncarmg snail DC subject to appeal pursuant to OOQC ocction q^ n -i AC {d> (b) Upon the request of an employee or an employer, the board may in its judgment, after giving notice in writing of the request to all interested parties and allowing any interested party ten days from the date of said notice to file in writing its objections to the request, order a change of physician or treatment and designate other treatment or another physician; and, in such case, the expenses shall be borne by the employer upon the same terms and conditions as hereinbefore provided in subsection (a) of this Code section. {e) (c) The refusal of the employee without reasonable cause to accept either medical, surgical, or hospital care; er vocational rehabilitation, or other treatment, as provided by this Code section, when ordered by the board, shall entitle the board in its discretion to suspend; or reduce; er limit the compensation otherwise payable to such employee unless in the opinion of the board the circumstances justify the refusal, as determined in the manner provided under Code Section 34-9-100. The board may require recommendations from a panel of specialists in determining whether or not suspension; or reduction; er limitation of compensation is justified. 40 (d) If an emergency arises and the employer fails to provide the medical or other care as specified in this Code section, or if other compelling reasons force the employee to seek temporary care, the employee is authorized to seek such temporary care as may be necessary. The employer shall pay the reasonable costs of the temporary care; within the limits ef the amount set forth above, if ordered by the board." Section 4. Said chapter is further amended by adding immediately following Code Section 34-9-200, relating to compensation for medical care and other treatment, a new Code Section 34-9-200.1 to read as follows: "34-9-200.1. (a) The employer shall furnish the employee entitled to benefits under this chapter compensation for costs of such rehabilitation benefits which in the judgment of the State Board of Workers' Compensation shall be reasonably required and appear likely to restore the employee to suitable employment. The costs of rehabilitation for the employee's restoration to suitable employment while away from the employee's home shall include the reasonable costs of his board, lodging, and travel. The period for rehabilitation shall not exceed 26 weeks unless in the judgment of the board an extension of said period is required and appears likely to restore the employee to suitable employment. The board may require recommendations from a panel of specialists appointed by the board in determining whether or not the extension of the 26 week period is justified. FRIDAY, MARCH 8, 1985 2407 (b) The board shall make an assessment of the rehabilitation needs of an injured employee within 45 days of notification of injury and notify the employer, insurer, and employee if, in the judgment of the board, rehabilitation is necessary to restore the employee to suitable employment. Upon notification, the employer or insurer shall have 15 days to appoint a rehabilitation supplier or give reason why rehabilitation is not necessary. Failure of the employer or insurer to respond to the board's notice within 15 days after notification shall result in the board appointing a rehabilitation supplier at the expense of the employer or insurer. Nothing in this chapter shall preclude the employer, insurer, or employee from petitioning the board at any time for the appointment of a rehabilitation supplier for rehabilitation. (c) Upon request of an employee or an employer, the board may, in its judgment, after giving notice in writing of the request to all interested parties and allowing any interested party ten days from the date of said notice to file in writing its objections to the request, order additional rehabilitation benefits in excess of 26 weeks; and, in such case, the expenses shall be borne by the employer upon the same terms and conditions as provided in subsection (a) of this Code section. (d) The refusal of the employee without reasonable cause to accept rehabilitation shall entitle the board in its discretion to suspend or reduce the compensation otherwise payable to such employee unless, in the opinion of the board, the circumstances justify the refusal, as determined in the manner provided under Code Section 34-9-100. The board may require recommendations from a panel of specialists in determining whether or not suspension or reduction of compensation is justified. (e) Fees of rehabilitation suppliers and the reasonableness and necessity of their services shall be subject to the approval of the State Board of Workers' Compensation. All rehabilitation suppliers shall file with the board all forms required by the board and a copy of the statement of fees charged. Failure to comply shall prohibit the rehabilitation supplier from collection of fees from the employer, insurer, or employee. The board may require recommendations from a panel of appropriate peers of the rehabilitation supplier in determining whether the fees submitted and necessity of services rendered were reasonable. The recommendations of the panel of appropriate peers shall be evidence of the reasonableness of fees and necessity of service which the board may consider. (f) Failure of the employee's attorney to cooperate with the rehabilitation supplier may result in the suspension or reduction of the fees provided in Code Section 34-9-108 if, in the judgment of the board, the failure to cooperate hindered the restoration of the employee to suitable employment. (g) Any rehabilitation supplier shall be certified by one of the four following certifications: (1) Certified Rehabilitation Counselor (CRC); (2) Certified Insurance Rehabilitation Specialist (CIRS); (3) Association of Rehabilitation Nurses (ARN); or (4) Work Adjustment and Vocational Evaluation Specialist (WAVES) and shall be registered with the State Board of Workers' Compensation. Failure to comply with this chapter or rules and regulations of the board may result in the revocation of registration of the rehabilitation supplier by the board." Section 5. Said chapter is further amended by striking in its entirety Code Section 34-9-205, relating to approval of physicians' fees and hospital charges by the State Board of Workers' Compensation, and inserting in lieu thereof a new Code Section 34-9-205 to read as follows: "34-9-205. (a) Fees of physicians and charges of hospitals for and other services under this chapter shall be subject to the approval of the State Board of Workers' Compensation. No physician^ or hospitalz or other provider of services shall be entitled to collect any fee unless reports required by the board have been made. (b) Annually the board shall publish a list by geographical location of usual, customary, and reasonable charges for all medical services provided under subsection (a) of this Code section. The board may consult with medical specialists in preparing said list. Fees 2408 JOURNAL OF THE HOUSE, within this list shall be presumed reasonable. No physician or hospital or medical supplier shall bill the employee for authorized medical treatment. The board may require recommendations from a panel of appropriate peers of the physician or hospital or other authorized medical supplier in determining whether the fees submitted and necessity of services rendered were reasonable. The recommendations of the panel of appropriate peers shall be evidence of the reasonableness of fees and necessity of service which the board shall consider in its determinations." Section 6. Said chapter is further amended by adding at the end of Part 1 of Article 6 a new Code Section 34-9-206 to read as follows: "34-9-206. (a) A group insurance company or other health care provider who covers the costs of medical treatment for a person who subsequently files a claim under this chapter may give notice in writing to the board at any time during the pendency of proceedings before the board that such provider is a party at interest. (b) In cases where a group insurance company or other health care provider covers the costs of medical treatment for a person who subsequently files a claim and is entitled to benefits under this chapter, the board shall be authorized to order the employer or insurance carrier to repay the group insurance company or other health care provider the funds it has expended for the claimant's medical treatment, provided that such employer or its workers' compensation insurance carrier is liable under this chapter for such medical treatment and provided further that such other provider has become a party at interest pursuant to the provisions of subsection (a) of this Code section." Section 7. Said chapter is further amended by striking subsection (e) of Code Section 34-9-221, relating to the timing of payment of workers' compensation income benefits, and inserting in lieu thereof a new subsection (e) to read as follows: "(e) If any income benefits payable without an award are not paid within 14 days after becoming when due, there shall be added to the accrued income benefits an amount equal to 15 percent thereof, which shall be paid at the same time as, but in addition to, the accrued income benefits unless notice is filed under subsection (d) of this Code section or unless this nonpayment is excused by the board after a showing by the employer that owing to conditions beyond control of the employer the income benefits could not be paid within the period prescribed." Section 8. Said chapter is further amended by striking in its entirety Code Section 34-9-261, relating to compensation for total disability, and inserting in lieu thereof a new Code Section 34-9-261 to read as follows: "34-9-261. (a) While Except as provided in subsection (b) of this Code section, 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 $136.00 $155.00 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) With respect to injury or death resulting from an accident occurring on or after July lj 1986, the maximum weekly benefit shall be $175.00." Section 9. Said chapter is further amended by striking in its entirety Code Section 34-9-262, relating to compensation for temporary partial disability, and inserting in lieu thereof a new Code Section 34-9-262 to read as follows: "34-9-262. (a) Except as otherwise provided in Code Section 34-9-263 and in subsection (b) of this Code section, where the disability 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 $104.00 per week for a period not exceeding 350 weeks from the date of injury. (b) With respect to temporary partial disability resulting from an accident occurring on or after July 1^ 1986, the maximum weekly benefit shall be $117.00." FRIDAY, MARCH 8, 1985 2409 Section 10. Said chapter is further amended by striking subsections (c), (d), (e), (f), and (g) of Code Section 34-9-263, relating to compensation for permanent partial disabil- ity, and inserting in lieu thereof the following: "(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 Loss Maximum Weeks (1) Arm...............................................................................................................................225 (2) Leg ................................................................................................................................225 (3) Hand.............................................................................................................................160 (4) Foot...............................................................................................................................l35 (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....................................................................................................................... 69 75 Both ears...........................................................................................................................150 (13) Loss of vision of one eye....................................................................................i26 150 (14) Disability to the body as a whole.......................................................................................................36e300 (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. (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 366 300 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." Section 11. Said chapter is further amended by striking in its entirety Code Section 34-9-265, relating to liability for compensation for death resulting from causes other than injury and payment of compensation for death resulting from injury, and inserting in lieu thereof a new Code Section 34-9-265 to read as follows: "34-9-265. (a) When an employee is entitled to compensation under this chapter for an injury received and death ensues from any cause not resulting from the injury for which he was entitled to compensation, payments of the unpaid balance for such injury shall cease and all liability therefor shall terminate. (b) If death results instantly from an accident arising out of and in the course of employment or if during the period of disability caused by an accident death results proximately therefrom, the compensation under this chapter shall be as follows: (1) The employer shall, in addition to any other compensation, pay the reasonable expenses of the employee's last sickness and burial expenses not to exceed $1,600.00 $5,000.00. If the employee leaves no dependents, this shall be the only compensation; (2) The employer shall pay the dependents of the deceased employee, which dependents are wholly dependent on his earnings for support at the time of the injury, 2410 JOURNAL OF THE HOUSE, a weekly compensation equal to the compensation which is provided for in Code Section 34-9-261 for total incapacity! fw a period net te exceed 469 weeks from date of injury; (3) If the employee leaves dependents only partially dependent on his earnings for their support at the time of his injury, the weekly compensation for these dependents shall be in the same proportion to the compensation for persons wholly dependent as the average amount contributed weekly by the deceased to the partial dependents bears to his average weekly wages at the time of his injury; (4) When weekly payments have been made to an injured employee before his death, compensation to dependents shall begin on the date of the last of such payments; but the number of weekly payments made to the injured employee under Code Section 34-9-261, 34-9-262, or 34-9-263 shall be subtracted from the maximum ef 400 weeks 400 week period of dependency of a spouse provided by this Code section Code Section 34-9-13; so that the duration ef payments made te the dependents under this CQTnCi~CiLirH\rJ>Ii Oj^*AS_"Ol7_"ODftll.j O5i*jttm_\OJ~_9&fl9) Orr OOi* e^tty A aron Representative, 56th District /s/Honorable Peggy Childs Representative, 53rd District /s/Honorable Harry Dixon Representative, 151st District A BILL To amend 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, so as to provide that in any municipality in which the sale of alcoholic beverages for consumption on the premises is lawful, the governing authority of the municipality may, by ordinance or resolution, authorize the sale of alcoholic beverages for consumption on the premises at FRIDAY, MARCH 8, 1985 2419 certain times on Sundays; to authorize but not require the exercise of such authority to be conditioned on approval in a referendum; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. 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 adding at the end of said Code section a new subsection, to be designated subsection (n), to read as follows: "(n) (1) Notwithstanding any other provisions of law, in any municipality of this state in which the sale of alcoholic beverages for consumption on the premises is lawful, the governing authority of such municipality may by resolution or ordinance authorize: (A) The sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays until 2:55 A.M. on Sundays; or (B) The sale of alcoholic beverages for consumption on the premises on Sundays from 12:30 P.M. until 12:00 Midnight in any licensed establishment which derives at least 50 percent of its total annual gross sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishments where food is served and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging; or (C) The sale of alcoholic beverages for consumption on the premises as described by both subparagraphs (A) and (B) of this paragraph; (2) The governing authority of any municipality which adopts a resolution or ordinance pursuant to paragraph (1) of this subsection shall be authorized, but not required, to condition the effectiveness of such resolution or ordinance on its approval in a referendum held within such municipality. Any such referendum shall be held and conducted in accordance with the applicable provisions of Chapter 3 of Title 21 known as the 'Georgia Municipal Election Code.' The governing authority of the municipality shall determine the question to be submitted to the voters in the referendum on the basis of the resolution or ordinance adopted pursuant to paragraph (1) of this subsection." Section 2. All laws and parts of laws in conflict with this Act are repealed. Representative Childs of the 53rd moved that the House adopt the report of the second Committee of Conference to HB 583. On the motion, the roll call was ordered and the vote was as follows: Y Aaron NAdams,G NAdams,M NAiken Alford Alien N Andersen YArgo Athon Y Atkins Auten N Bailey NBalkcom N Bannister Bargeron Y Barnett B NBarnett,M YBeck NBenefield Benn NBirdsong Bishop Y Bolster Y Bostick N Branch N Bray Brooks YBrown,G YBrown,J Buck Burruss NByrd Y Carter YChambless N Chance Y Cheeks Childers Y Childs Y Clark.B Clark.L Colbert Coleman N Colwell Connell N Cooper Y Copelan Couch Cox N Crawford Y Crosby N Cummings Daugherty Y Davis Dean Y Dixon N Dobbs Dover Dunn Y Edwards Evans Felton N Foster Y Galer Y Godbee Y Goodwin N Greene N Greer Y Groover N Hamilton N Banner Hasty N Hays N Heard N Hill N Holcomb Y Holmes Hooks Home N Hudson N Isakson Jackson,J Jackson.N N Jamieson Johnson,D N Johnson.F N Johnson,R N Johnson.S Kilgore N Kingston Y Lane,D N Lane,R Lawler Lawrence Lawson *,,' , N Lee W Y Linder Y Logan Long S Lord Y Lucas N ^^f" Maddox Mangum Y Martm.C N Martm.J N Matthews N McDonald McKelvey McKmney Mi am M.iltord NMoody N Moore V Morton 2420 JOURNAL OF THE HOUSE, N Mostiler N Moultrie YMueller Y Oliver.C Y Oliver,D YPadgett Y Pannell Parham Y Fairish N Patten Y Peters YPettit N Phillips N Pinkston N Porter Rainey N Ramsey.T Ramsey.V Y Randall N Ransom N Ray Reaves Redding Y Richardson YRobinson.C Y Robinson,? ROM N Royal Y Russell Y Selman N Shepard N Sherrod Sinkfield Sizemore N Smith.L Smith,P N Smith.T Y Smyre N Stancil Steinberg N Thomas.C Y Thomas,M Thompson N Townsend N Triplett N Twiggs N Waddle N Waldrep Walker.C N Walker,L N Wall Ware Watson N Watts White Y Wilder N Williams.B Y Williams,J N Williams,R Y Wilson Wood Y Workman Yeargin Young Murphy,Spkr On the motion, the ayes were 51, nays 70. The motion was lost, and the House rejected the report of the second Committee of Conference on HB 583. Representative Oliver of the 121st stated that he inadvertently voted "aye on the preceding motion. He wished to be recorded as voting "nay" thereon. By unanimous consent, the following Bill of the House was taken up for consideration and read the third time: HB 906. By: Representatives Kingston of the 125th, Alien of the 127th, and Mueller of the 126th: A BILL to propose the incorporation and provide a proposed charter for the City of Islands in Chatham County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate insists on its substitutes to the following Bills of the House: HB 205. By: Representatives Edwards of the 112th, Long of the 142nd, Royal of the 144th, Matthews of the 145th, Wilson of the 20th, and Smith of the 152nd: A BILL to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the provisions relating to the crime of possession, manufacture, or transfer of gambling devices or parts; to provide that it shall be lawful for certain persons to own or possess antique slot machines; and for other purposes. HB 651. By: Representative Davis of the 45th: A BILL to amend Code Section 15-10-22 of the Official Code of Georgia Annotated, relating to the qualifica- tions and restrictions on the practice of law for magistrates, so as to change the provisions relating to the restrictions on the practice of law; 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: FRIDAY, MARCH 8, 1985 2421 HB 651. By: Representative Davis of the 45th: A BILL to amend Code Section 15-10-22 of the Official Code of Georgia Annotated, relating to the qualifications and restrictions on the practice of law for magistrates, so as to change the provisions relating to the restrictions on the practice of law; and for other purposes. Representative Davis of the 45th moved that the House insist on its position in disagreeing to the Senate substitute to HB 651 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 Copelan of the 106th, Waldrep of the 80th, and Davis of the 45th. 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 205. By: Representatives Edwards of the 112th, Long of the 142nd, Royal of the 144th, Matthews of the 145th, Wilson of the 20th, and Smith of the 152nd: A BILL to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the provisions relating to the crime of possession, manufacture, or transfer of gambling devices or parts; to provide that it shall be lawful for certain persons to own or possess antique slot machines; and for other purposes. Representative Evans of the 84th moved that the House recede from its position in disagreeing to the Senate substitute to HB 205, and that the Senate substitute be agreed to. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Adams,M Aiken Y Alford Alien Y Anderson Y Argo Y Athon Y Atkins Auten Y Bailey Balkcpm Y Bannister Y Bargeron Y Bsrnett.B Y Barnett,M YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Brown.G Y Brown,J YBuck Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Childere Y Childs Clark.B Y Clark,L Colbert Y Coleman Y Colwell Y Connell Cooper Y Copelan Couch YCox Crawford Y Crosby N Cummings Daugherty Y Davis Dean Y Dixon Dobbs Y Dover Dunn Y Edwards Evans Y Felton Y Foster Galer Y Godbee Y Goodwin YGreene YGreer Y Groover Y Hamilton Hanner Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Ylsakson Y Jackson.J Jackson,N Y Jamieson Y Johnson,D Y Johnson,F N Johnson,R N Johnson,S Kilgore Y Kingston Y Lane,D Y Lane,R Lawler Y Lawrence Y Lawson Y Lee,C Y Lee.W Y Under YLogan YLong YLord Lucas Y Lupton Y Maddoi Y Mangum Martin.C Y Martin,J Y Matthews Y McDonald McKelvey McKinney YMilam Milford Moody Y Moore Y Morton Y Mostiler Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell Parham Y Parrish Y Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V YRandall Ransom 2422 JOURNAL OF THE HOUSE, Ray Reaves Redding Y Richardson Y Robimon.C Y Robinson.P Ross Y Royal Y Russell YSelman Y Shepard Y Sherrod Y Sinkfield Sizemore Smith,L Smith,P Y Smith,T Smyre Y Stancil Y Steinberg Thomas,C Thomas.M Y Thompson Y Townsend Y Triplett YTwiggs Y Waddle On the motion, the ayes were 119, nays 3. The motion prevailed. Y Waldrep Y Walker.C Y Walker,L Y Wall Ware Watson Y Watts White Wilder Y Williams.B Y Williams,J Y Williams,R Y Wilson Y Wood Workman Y Yeargin Young Murphy,Spkr The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1035. By: Representatives Walker of the 85th, Ransom of the 90th, Padgett of the 86th, and Cheeks of the 89th: A BILL to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 1035 The Committee of Conference on HB 1035 recommends that the House of Representatives recede from its position and that HB 1035 as passed by the Senate be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable Thomas F. Allgood Senator, 22nd District /s/Honorable Frank A. Albert Senator, 23rd District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Mike Padgett Representative, 86th District Honorable Charles W. Walker Representative, 85th District /s/Honorable J. Tom Coleman, Jr. Senator, 1st District /s/Honorable Donald E. Cheeks Representative, 89th District Representative Padgett of the 86th moved that the House adopt the report of the Committee of Conference on HB 1035. 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 following Resolutions of the House were taken up for consideration and read the third time: HR 98. By: Representatives Wilson of the 20th, Connell of the 87th, Burruss of the 20th, McDonald of the 12th, Coleman of the 118th, and others: A RESOLUTION Creating the University System Laboratory, Equipment, and Eminent Scholars Endowment Study Committee; and for other purposes. FRIDAY, MARCH 8, 1985 2423 WHEREAS, the matter of the state's financial support of education has become a priority and focal issue of the 1985 General Assembly; and WHEREAS, there are no things more important to the quality of an institution of higher education than a strong faculty and modern facilities; and WHEREAS, keen competition exists for outstanding scholars and teachers among the leading universities throughout the nation, such that the ablest people are attracted and retained by chairs funded specially through endowment trust funds largely supported by private contributions; and WHEREAS, unfortunately, all institutions of the university system lack sufficient funding and equipment for the computer related activities, laboratories, and library research facilities which are required to support the continued technological growth of the state and to attract leaders in the educational and research fields. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the University System Laboratory, Equipment, and Eminent Scholars Endowment Study Committee to be composed of eight members of the House of Representatives to be appointed by the Speaker of the House of Representatives. One of the appointees shall be the chairman of the House University System of Georgia Committee. One of the appointees shall be designated chairman by the Speaker. The committee shall meet upon the call of the chairman. The committee is authorized to conduct a thorough study of the university system laboratory and equipment needs and library research facilities needs and, in connection therewith, the cost of funding the purchase of adequate equipment and supplies to enable the state to develop and attract to its maximum potential high technology industries. The committee is further authorized to study incentive programs for the funding of faculty chairs, so as to enable the universities of this state to compete more successfully for the best scholars and teachers available. The committee is authorized to seek the advice and counsel of such persons knowledgeable in the affected fields which the committee feels will be able to assist it in the discharge of its duties and responsibilities. BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and allowances provided by law for legislative members of interim legislative committees. The committee is authorized to hold meetings and conduct studies at such times and places as the committee deems advisable in carrying out its duties. The board of regents shall provide such technical assistance and other expertise to the committee as may be requested by the chairman. 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 funding and for legislation, if any, no later than December 15, 1985, at which time the committee shall stand abolished. BE IT FURTHER RESOLVED that if a Senate committee is appointed to study similar matters during the 1985 interim, the committee created by this resolution shall be authorized to cooperate and meet jointly with such Senate committee and to issue a joint report to both houses of the General Assembly. The following Committee substitute was read and adopted: A RESOLUTION Creating the University System Laboratory, Equipment, and Eminent Scholars Endowment Study Committee; and for other purposes. WHEREAS, the matter of the state's financial support of education has become a priority and focal issue of the 1985 General Assembly; and 2424 JOURNAL OF THE HOUSE, WHEREAS, there are no things more important to the quality of an institution of higher education than a strong faculty and modern facilities; and WHEREAS, keen competition exists for outstanding scholars and teachers among the leading universities throughout the nation, such that the ablest people are attracted and retained by chairs funded specially through endowment trust funds largely supported by private contributions; and WHEREAS, unfortunately, all institutions of the university system lack sufficient funding and equipment for the computer related activities, laboratories, and library research facilities which are required to support the continued technological growth of the state and to attract leaders in the educational and research fields. NOW, THEREFORE, BE IT. RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the University System Laboratory, Equipment, and Eminent Scholars Endowment Study Committee to be composed of eight members of the House of Representatives to be appointed by the Speaker of the House of Representatives. One of the appointees shall be the chairman of the House University System of Georgia Committee. One of the appointees shall be designated chairman by the Speaker. The committee shall meet upon the call of the chairman. The committee is authorized to conduct a thorough study of the university system laboratory and equipment needs and library research facilities needs and, in connection therewith, the cost of funding the purchase of adequate equipment and supplies to enable the state to develop and attract to its maximum potential high technology industries. The committee is further authorized to study incentive programs for the funding of faculty chairs, so as to enable the universities of this state to compete more successfully for the best scholars and teachers available. The committee is authorized to seek the advice and counsel of such persons knowledgeable in the affected fields which the committee feels will be able to assist it in the discharge of its duties and responsibilities. BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and allowances provided by law for legislative members of interim legislative committees but shall receive the same for not more than five days. The committee is authorized to hold meetings and conduct studies at such times and places as the committee deems advisable in carrying out its duties. The board of regents shall provide such technical assistance and other expertise to the committee as may be requested by the chairman. 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 funding and for legislation, if any, no later than December 15, 1985, at which time the committee shall stand abolished. BE IT FURTHER RESOLVED that if a Senate committee is appointed to study similar matters during the 1985 interim, the committee created by this resolution shall be authorized to cooperate and meet jointly with such Senate committee and to issue a joint report to both houses of the General Assembly. 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 YAdams,M Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Auten Y Bailey Balkcom Y Bannister Y Bargeron YBarnett,B Y Barnett,M Y Beck Y Benefield Benn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch Y Bray Brooks Brown.G Y Brown,J Y Buck Y Burruss Y Byrd Y Carter Chambless Y Chance Y Cheeks Childers Y Childs Clark.B Y Clark.L FRIDAY, MARCH 8, 1985 2425 Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCoi Y Crawford Y Crosby Cummings Daugherty YDavis Dean Y DUon Dobbs Y Dover Dunn Y Edwards Y Evans Y Felton Foster Galer YGodbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Hanner Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Y Jackson.J Jackson,N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane,D YLane,R Y Lawler Y Lawrence YLawson YLee,C Y Lee,W Y Linder YLogan YLong YLord Lucas Y Lupton Y Maddoi Y Mangum Martin.C Y Martin,J Y Matthews McDonald McKelvey McKinney YMilam Y Milford Moody Y Moore Y Morion Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Porter Y Rainey Ramsey.T YRamsey.V Randall Y Ransom YRay Reaves Redding Y Richardson Y Robinson,C Y RobinsonJP YRoss Y Royal Y Russell YSelman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L Smith,P Y Smith,T Smyre Y Stancil Y Steinberg Y Thomas,C Y Thomas,M Y Thompson Y Townsend Y Triplett YTwiggs Y Waddle Waldrep Y Walker.C Y Walker,L YWall Ware Watson Watts White Wilder Williams.B Y Williams,J Y Williams.R Y Wilson YWood Workman YYeargin Young Murphy,Spkr On the adoption of the Resolution, by substitute, the ayes were 134, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. HR 167. By: Representatives Wilson of the 20th, McDonald of the 12th, Burruss of the 20th, Connell of the 87th, Phillips of the 120th, and others: A RESOLUTION Creating the Center for Rehabilitation Technology Study Committee; and for other purposes. WHEREAS, in December, 1980, Georgia Institute of Technology established the Center for Rehabilitation Technology to provide a clearinghouse of information and technical assistance for disabled persons and to encourage collaborative interdisciplinary efforts within the University System of Georgia to develop equipment and procedures to meet the needs of disabled and handicapped citizens; and WHEREAS, a principal objective of the center is to create technological resources that significantly enhance efforts to normalize life for the handicapped population, and the center's emphasis is on designing and evaluating adaptive equipment for the handicapped and developing methods for manufacturing and marketing these products to increase their availability; and WHEREAS, this technological center provides a unique environment where engineers, industrial designers, architects, and medical science specialists can explore and evaluate alternative solutions to the problems of handicapped persons and can be trained to respond to their special requirements; and WHEREAS, the service component of the center provides research and development support to various state agencies and departments, local governments, and service agencies within the private sector; and WHEREAS, the success of the center's projects and its proven experience in extending the technical resources of Georgia Tech to the state human services programs support expanding this partnership to include all institutions and units of the University System of Georgia. 2426 JOURNAL OF THE HOUSE, NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the Center for Rehabilitation Technology Study Committee to be composed of eight members of the House of Representatives appointed by the Speaker of the House of Representatives, one of whom shall be designated as chairman. The committee is authorized to conduct a thorough and continuing study of the Center for Rehabilitation Technology, and, in connection therein, the cost of funding the center so as to enable the state to develop the technology of medicine, rehabilitation, and education to serve the disabled public and provide these resources to employers. The committee is authorized to seek the advice and counsel of persons knowledgeable in the field of rehabilitation technology including the chancellor of the board of regents, representatives of the Department of Human Resources, Department of Offender Rehabilitation, and Georgia correctional industries, and other persons, groups, and organizations which the committee feels will be able to assist it in the discharge of its responsibilities. BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and allowances provided by law for legislative members of interim legislative committees. The committee shall meet upon the call of the chairman and is authorized to hold meetings and conduct studies at such times and places as the committee deems advisable in carrying out its duties. The board of regents shall provide such technical assistance and engineering and other expertise to the committee as may be requested by the chairman. 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 funding and for legislation, if any, no later than December 15, 1985, at which time the committee shall stand abolished. BE IT FURTHER RESOLVED that if a Senate committee is appointed to study similar matters during the 1985 interim, the committee created by this resolution shall be authorized to cooperate and meet jointly with such Senate committee and to issue a joint report to both houses of the General Assembly. The following Committee substitute was read and adopted: A RESOLUTION Creating the Center for Rehabilitation Technology Study Committee; and for other purposes. WHEREAS, in December, 1980, Georgia Institute of Technology established the Center for Rehabilitation Technology to provide a clearinghouse of information and technical assistance for disabled persons and to encourage collaborative interdisciplinary efforts within the University System of Georgia to develop equipment and procedures to meet the needs of disabled and handicapped citizens; and WHEREAS, a principal objective of the center is to create technological resources that significantly enhance efforts to normalize life for the handicapped population, and the center's emphasis is on designing and evaluating adaptive equipment for the handicapped and developing methods for manufacturing and marketing these products to increase their availability; and WHEREAS, this technological center provides a unique environment where engineers, industrial designers, architects, and medical science specialists can explore and evaluate alternative solutions to the problems of handicapped persons and can be trained to respond to their special requirements; and WHEREAS, the service component of the center provides research and development support to various state agencies and departments, local governments, and service agencies within the private sector; and FRIDAY, MARCH 8, 1985 2427 WHEREAS, the success of the center's projects and its proven experience in extending the technical resources of Georgia Tech to the state human services programs support expanding this partnership to include all institutions and units of the University System of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the Center for Rehabilitation Technology Study Committee to be composed of eight members of the House of Representatives appointed by the Speaker of the House of Representatives, one of whom shall be designated as chairman. The committee is authorized to conduct a thorough and continuing study of the Center for Rehabilitation Technology, and, in connection therein, the cost of funding the center so as to enable the state to develop the technology of medicine, rehabilitation, and education to serve the disabled public and provide these resources to employers. The committee is authorized to seek the advice and counsel of persons knowledgeable in the field of rehabilitation technology including the chancellor of the board of regents, representatives of the Department of Human Resources, Department of Offender Rehabilitation, and Georgia correctional industries, and other persons, groups, and organizations which the committee feels will be able to assist it in the discharge of its responsibilities. BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and allowances provided by law for legislative members of interim legislative committees but shall receive the same for not more than five days. The committee shall meet upon the call of the chairman and is authorized to hold meetings and conduct studies at such times and places as the committee deems advisable in carrying out its duties. The board of regents shall provide such technical assistance and engineering and other expertise to the committee as may be requested by the chairman. 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 funding and for legislation, if any, no later than December 15, 1985, at which time the committee shall stand abolished. BE IT FURTHER RESOLVED that if a Senate committee is appointed to study similar matters during the 1985 interim, the committee created by this resolution shall be authorized to cooperate and meet jointly with such Senate committee and to issue a joint report to both houses of the General Assembly. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the ayes were 112, nays 2. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. The following Resolutions of the House were read and adopted: HR 447. By: Representatives Murphy of the 18th, Greer of the 39th, Cummings of the 17th, and Townsend of the 24th: A RESOLUTION expressing regrets at the passing of Mr. Robert W. Woodruff; and for other purposes. HR 448. By: Representative Byrd of the 153rd: A RESOLUTION commending Jana Godfrey and Mike Swinson; and for other purposes. HR 449. By: Representatives Dobbs of the 74th, Lupton of the 25th, Townsend of the 24th, and others: A RESOLUTION recognizing Betty Jo Currie; and for other purposes. 2428 JOURNAL OF THE HOUSE, HR 450. By: Representatives Smith of the 78th and Ramsey of the 3rd: A RESOLUTION expressing sympathy at the passing of Major William Floyd Richardson; and for other purposes. HR 451. By: Representatives Morion of the 47th and Davis of the 45th: A RESOLUTION commending the Decatur Civic Chorus; and for other purposes. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 887. By: Representatives Chambless of the 133rd, Evans of the 84th, and Thomas of the 69th: A BILL to amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act," so as to ensure validity of the partnership if the book and page references are not available; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act," as contained in Ga. L. 1984, p. 1439, and which will become effective April 1, 1985, so as to change provisions relating to statements of the ownership of real property in partnership statements; to expand certain presumptions; to clarify the form of the dissenting statement; to limit the effect of the dissenting statement with respect to third parties dealing with the partnership in a situation in which the affidavit has not been recorded in every county in which a statement of partnership is on record; to provide that the partnership shall have the benefit of the protection provided by the statement of partnership against subsequent grantees; to remove the distinction between causes that are and are not "in contravention" of the partners' agreement; to cut off the indemnification rights only of the acting partner where that partner has created a liability by acting after a dissolution of which such partner should have been aware; to maximize the flexibility of the partners concerning the consequences of dissolution; to permit predissolution creditors to reach the assets of a continued partnership on the same basis as postdissolution creditors whether or not the business is continued with the consent or assignment of a withdrawing partner or estate of a deceased partner or otherwise by right; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act," as contained in Ga. L. 1984, p. 1439, and which will become effective April 1, 1985, is amended by striking subsection (a) and by striking paragraph (7) of subsection (b) and by striking subsections (f) and (g) of Code Section 14-8-10A, relating to statement of partnership generally, in their entirety and substituting in lieu thereof a new subsection (a) and a new paragraph (7) of subsection (b) and new subsections (f) and (g) to read as follows: "(a) A statement of partnership in the name of the partnership, signed by all of the partners er by any partner whe 4s authorized in the partnership agreement te de se en behalf ef the partnership, and witnessed and notarized, may be recorded in the office of the clerk of the superior court of any county and shall be recorded by such clerk in a book to be kept for that purpose and open to public inspection. If the partnership shall desire to file such a statement in more than one county, a transcript of the statement, duly certified by the clerk in whose office it was originally filed, under such clerk's official seal, shall be filed and recorded in like manner in the office of the clerk of the superior court in every such county. As a prerequisite to such filing, the clerk of each FRIDAY, MARCH 8, 1985 2429 such registry may collect a fee in the amount of the fee then allowed for the filing of certificates of limited partnerships. (7) Any property (including real property) belonging to the partnership, even if net titled the name ef the partnership, which the partnership desires to disclose; provided that, with respect to real property, th statement sfeaH specifically refer by both is recorded dud 811 ciepio of tn superior courts tiling such ststenient sfi&ii indite appropriate cross-references m the appropriate indices between stteh statement and siren instrument owned by the partnership but not titled in the name of the partnership, at the time the statement (or any amendment thereto disclosing such real property) is filed, the partnership shall also file and record in the deed records of the county wherein such real property lies a deed or deeds conveying such real property to the partnership filing the statement (or amendment). Title to all real property so described and cross-referenced conveyed shall be deemed to be held in the partnership name from the date of the filing of such statement without the necessity for any separate instrument ef conveyance (or amendment) and deed or deeds in the county wherein such real property lies; (f) It shall be conclusively presumed against the partnership that all facts stated in the statement of partnership are true. Without limiting the generality of the foregoing, it shall be conclusively presumed against the partnership that the persons named as partners in a statement of partnership are members of the partnership named, that they are all of the members of the partnership, that the partners have the authority disclosed by this statement, that there are no limitations on this authority beyond those contained in this chapter other than those disclosed in this statement, that any partner stated to be dead is deceased, and that any partner stated to have withdrawn has withdrawn from til6 pflrtnersiup find Tfifl* ui6 pflFinersfttp wfls not dissolvcd oy rcflson of sucft dcstfi tw withdrawal, unless . The conclusive presumption under this subsection or under subsection (g) of this Code section shall not arise with respect to a statement of partnership if and from the date that there is recorded by anyone claiming to be a partner, or a personal representative, whether executor, administrator, guardian, or conservator, of such partner, a statement of- partnership, verified and- acknowledged an affidavit, sworn to by the person executing it, which shall set forth the name of the partnership, a statement that such person claims to be a member of such partnership, or a personal representative of such member, or a statement that any of the persons named in a previously recorded statement of partnership are not members of such partnership, or a statement that any of the other facts stated in a previously recorded statement of partnership are not true. Said affidavit shall not be effective to the prejudice of a person who is not (1) In connection with a transaction involving partnership real property, unless the affidavit was recorded in the county in which the property is located; or (2) In connection with any other transaction if the affidavit was not recorded in a county in which the statement of partnership was recorded, the person relied on a statement of partnership recorded in such county, and the person had no knowledge or notice of the affidavit. (g) The existence of the facts described in subsection (f) of this Code section shall be conclusively presumed in favor of the partnership and against a grantee from the partnership2 or a person claiming through such grantee, of partnership real property located in a county iu which a statement of partnership or a certified copy thereof has been recorded. It shall also be conclusively presumed in favor of the partnership and against such a grantee or person that a partner's authority to act for the partnership is limited as provided in a statement of partnership." Section 2. Said chapter is further amended by adding a new subsection (c) at the end of Code Section 14-8-31, relating to causation of dissolution, to read as follows: "(c) Subject to contrary agreement of the partners, a dissolution is not in contravention of the partnership agreement if it is caused at any time by the express will of all of the partners who have not assigned their interests or suffered them to be charged for their separate debts." 2430 JOURNAL OF THE HOUSE, Section 3. Said chapter is further amended by striking Code Section 14-8-33, relating to the limitation of authority of partner to act for dissolved partnership, in its entirety and substituting in lieu thereof a new Code Section 14-8-33 to read as follows: "14-8-33. Except so far as may be necessary to wind up partnership affairs or to complete transactions begun but not then finished, dissolution terminates all authority of any partner to act for the partnership: (1) With respect to the partners: ^ as declared in Code Section 14-8-34; and {A) When the dissolution is net by th act or death ef a partner; er {B) When the dissolution is by stteh act er death f a partner, in ases where Code Section 14-8-34 so requires; (2) With respect to persons not partners, as declared in Code Section 14-8-35." Section 4. Said chapter is further amended by striking Code Section 14-8-34, relating to liability of partners for actions of copartners following dissolution of partnership, in its entirety and substituting in lieu thereof a new Code Section 14-8-34 to read as follows: "14-8-34. Subject to contrary agreement of the partners, where the dissolution is caused by the act ef death ef a partner, each partner is liable to his copartners for his share of any liability created by any partner acting for the partnership after dissolution as if the partnership had not been dissolved; provided, however, that a partner shall not be liable to the partner acting for the partnership after dissolution where: (1) The dissolution being by act of any partner, the partner acting for the partnership had knowledge of the dissolution; er (2) The dissolution being by the death of a partner, the partner acting for the partnership had knowledge or notice of the death?; or (3) The dissolution is not by the act or death of a partner." Section 5. Said chapter is further amended by striking Code Section 14-8-38, relating to the application of partnership property to satisfy obligations upon rightful dissolution and rights of partners following wrongful dissolution, in its entirety and substituting in lieu thereof a new Code Section 14-8-38 to read as follows: "14-8-38. (a) Unless otherwise agreed by the partners in the partnership agreement, at the time of the transaction, or at any other time, when dissolution is caused in any way, other than wrongfully either in contravention of the partnership agreement or as a result of other wrongful conduct of a partner, any partner, or the legal representative of the estate of a deceased partner, as against his copartners and all persons claiming through them in respect of their interests in the partnership, may have the partnership property applied to discharge its liabilities and the surplus applied to pay in cash or its equivalent the net amount owing to the respective partners. The foregoing provision shall not apply if dissolution is caused by expulsion of a partner in accordance with the terms of a partnership agreement. Unless otherwise agreed by the partners, in the event of such expulsion the expelled partner shall receive in cash the net amount due him from the partnership and the partners who continue the business shall obtain his discharge or appropriately hold him harmless from all present or future partnership liabilities. (b) When Unless otherwise agreed by the partners in the partnership agreement at the time of the transaction or at any other time, when dissolution is caused wrongfully either in contravention of the partnership agreement or as a result of other wrongful conduct of a partner, the rights of the partners shall be as follows: (1) Each partner who has not caused dissolution wrongfully shall have: (A) All the rights specified in subsection (a) of this Code section; and (B) The right, as against each partner who has caused the dissolution wrongfully, to damages for such wrongful dissolution and to any other right or remedy provided for in the partnership agreement; (2) The partners who have not caused the dissolution wrongfully, if they all desire to continue the business in the same name, either by themselves or jointly with others, may do so, and for that purpose may possess the partnership property. If the partners continue the businessj they shall pay to any partner who has caused the dissolution FRIDAY, MARCH 8, 1985 2431 wrongfully^ the value of his interest in the partnership at the dissolution less any damages or other amounts recoverable under subparagraph (b)(l)(B) of this Code section and obtain his discharge or appropriately hold him harmless from all present or future partnership liabilities; (3) A partner who has caused the dissolution wrongfully shall have: (A) If the business is not continued under the provisions of paragraph (2) of subsection (b) of this Code section, all the rights of a partner under subsection (a) of this Code section, subject to subparagraph (b)(l)(B) of this Code section; (B) If the business is continued under paragraph (2) of subsection (b) of this Code section the right, as against his copartners and all claiming through them in respect of their interests in the partnership, to have the value of his interest in the partnership, less any damages or other amounts recoverable under subparagraph (b)(l)(B) of this Code section, ascertained and paid to him and to have the partners who continue the business obtain his discharge or appropriately hold him harmless from all present or future partnership liabilities; but in ascertaining the value of the partner's interest the value of the goodwill good will of the business shall not be considered." Section 6. Said chapter is further amended by striking Code Section 14-8-41, relating to relations with creditors following admission of new partners, withdrawal of existing partners, or assignment of partnership rights to third parties, in its entirety and substituting in lieu thereof a new Code Section 14-8-41 to read as follows: when any partner withdraws and assigns 4ot the representative ef the deceased partner fissions/ his plants m poftncpsftip ppopepty to two OP moFG 'Or WIG pftrtnefs, OP ~to one ~OP mere ef the partners and ene er mere third persons, if the business is continued without liquidation ef the partnership affairs, creditors ef the first er dissolved partnership are atee creditors ef the partnership se continuing the business. When any partner withdraws, is expelled, or dies and the business of the dissolved partnership is continued by one or more of the partners, either alone or with others, without liquidation of the partnership affairs, creditors of the first or dissolved partnership are also creditors of the person or partnership continuing the business. \i&7 vvneh flit out one p&ptnep wiBxiuf&w cuid &ssift \OP the rcpresentfltive or tt Who COntlflUeS tilC DUSineSS WlthOUt llQUluAllOH Or pftFulCPSfllp dllftlfS, eitheP SlOWe "OP with others; CFGuitors of trie dissolvect pflptnepshtp ftpe Also cpeQiCOPS "Of the person or partnership se continuing the business. {d} (b) When all the partners or their representatives assign their rights in partnership property to one or more third persons who promise to pay the debts and who continue the business of the dissolved partnership, creditors of the dissolved partnership are also creditors of the person or partnership continuing the business. \c/ When fl.ny pflptnep withdp&ws OP ches fthci tfto BUSmess or tfte dissolved pdPtnep ship is contmuect tts set toptri ift suDsectiows \ft/ flnfl \o/ or tins oofle section, witn tiie consent or tiie witndPflwn pftptnePS OP trie pepresentfltive of tn& ucceflsect portner, out without ay assignment ef his fight in partnership property, rights ef creditors ef the dissolved partnership and ef the creditors ef the persen er partnership continuing the business shati be as if saeh assignment had beeadT {e) When any partner wrongfully causes a dissolution and the remaining partners continue the business ander the provisions ef paragraph -(2) ef subsection ^b) ef Code Section 14-8-38, either atene er with others, and without liquidation ef the partnership affairs, creditors ef the dissolved partnership tare abe creditors ef the persen er partnership continuing th business. \TT When d pflpwief is expelled &nd trie remtiiDm^ pftPtners continue tfie Dusmess eitnep stone OP with others^ without i\(\uidfition of tfte pflptpiepship &II&IPS, creo.itors of the dissolved partnership are abe creditors ef the persen er partnership continuing the {g} (c) The liability of a third person becoming a partner in the partnership continuing the business, under this Code section, to the creditors of the dissolved partnership shall be satisfied out of partnership property only. 2432 JOURNAL OF THE HOUSE, {h} (d) When the business of a partnership after dissolution is continued under any conditions set forth in this Code section the creditors of the dissolved partnership, as against the separate creditors of the withdrawing or deceased partner or the representative of the deceased partner, have a prior right to any claim of the withdrawn partner or the representative of the deceased partner against the person or partnership continuing the business, on account of the withdrawn or deceased partner's interest in the dissolved partnership or on account of any consideration promised for such interest or for his right in partnership property. {i> (e) Nothing in this Code section shall be held to modify any right of creditors to set aside any assignment on the ground of fraud. {j) (f) The use by the person or partnership continuing the business of the partnership name, or the name of a deceased partner as part thereof, shall not of itself make the individual property of the deceased partner liable for any debts contracted by such person or partnership." Section 7. Said chapter is further amended by striking Code Section 14-8-42, relating to the continuation of business after withdrawal or death of a partner, in its entirety and substituting in lieu thereof a new Code Section 14-8-42 to read as follows: "14-8-42. When any partner withdraws or dies, and the business is continued under any of the conditions set forth in subsections feh &h ^h 4&h d (*) subsection (a) of Code Section 14-8-41 (regardless f whether the withdrawn partner or the legal rcpre9ftnt>fttivc ^t ttt dcccftscd psrtncr s csuite consents to sucii continufltion ds Pccjuircd ander subsection {e} ef- Code Section 14-8-41) or paragraph (2) of subsection (b) of Code Section 14-8-38, without any settlement of accounts as between the withdrawn partner or the legal representative of the estate of a deceased partner and the persons or partnership continuing the business, unless otherwise agreed: (1) Such persons or partnership shall obtain the discharge of the withdrawn partner or the legal representative of the estate of the deceased partner, or appropriately hold him harmless from all present or future partnership liabilities, and shall ascertain the value of his interest at the date of dissolution; and (2) The withdrawn partner or legal representative of the estate of the deceased partner shall receive as an ordinary creditor an amount equal to the value of his interest in the dissolved partnership with interest, or, at his option, in lieu of interest, the profits attributable to the use of his right in the property of the dissolved partnership; z provided that the creditors of the dissolved partnership as against the separate creditors, or the representative of the withdrawn or deceased partner, shall have priority on any claim arising under this Code section, as provided by subsection {h} subsection {gj of Code Section 14-8-41." Section 8. This Act shall become effective on April 1, 1985. Section 9. All laws and parts of laws in conflict with this Act are repealed. Representative Chambless of the 133rd moved that the House agree to the Senate substitute to HB 887, On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams.G YAdams.M Aiken YAlford Y Alien YAndereon Y Argo Y Athon Y Atkins Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Bamett,M Y Beck YBenefield Benn Y Birdsong Y Bishop Y Bolster Bostick Y Branch Y Bray Y Brooks Y Brown.G Y Brown,J Y Buck Y Burruss Y Byrd Y Carter Y Chambless Y Chance Y Cheeks Childers Childs Clark,B Y Clark,L Colbert Y Coleman Y Colwell Y ConneU Cooper Y Copelan Y Couch Y Co% Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Di*on Dobbs Y Dover Dunn Y Edwards Y Evans Felton Y Foster Y Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Banner FRIDAY, MARCH 8, 1985 2433 Hasty Y Hays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Y Jackson,J Jackson,N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston Y Lane,D Y Lane.R Lawler Y Lawrence Y Lawson YLee.C Y Lee.W Y Linder Y Logan YLong YLord Lucas Y Lupton Y Maddox Y Mangum Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Moore Y Mortal Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell Parham Y Parrish Y Patten Y Peters Pettit Y Phillips Y Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V Randall Y Ransom YRay On the motion, the ayes were 138, nays 0. The motion prevailed. Reaves Redding Richardson Y Robinson.C Y Robinson,P YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith.P Y Smith.T YSmyre Y Stancil Y Steinberg Y Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Watson Watts White Wilder Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy.Spkr Under the general order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time: HR 362. By: Representatives Ware of the 77th, Childers of the 15th, Chambless of the 133rd, Lawson of the 9th, Hooks of the 116th, and others: A RESOLUTION Creating the Hospital Cost Containment Study Committee; and for other purposes. WHEREAS, rising hospital costs are a vital concern to the people of this state; and WHEREAS, health care is a right of the people and one of the primary purposes for which governments are established; and WHEREAS, the cost of health care services are rapidly rising beyond the economic reach of a large segment of our population; and WHEREAS, the House of Representatives wishes to determine what is the most effective means of restraining rising costs while meeting the needs of the population for accessible, high-quality health care services. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the Hospital Cost Containment Study Committee to be composed of six members of the House of Representatives to be appointed by the Speaker of the House of Representatives, two of whom shall be appointed from the Health and Ecology Committee and two of whom shall be appointed from the Insurance Committee. The committee shall select a chairman at its first meeting to be called by the Speaker of the House of Representatives. BE IT FURTHER RESOLVED that the committee shall undertake a study of the problems mentioned above and any other problems related thereto and recommend necessary steps to be undertaken to alleviate any such problems. 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 eight days. The funds necessary to carry out the 2434 JOURNAL OF THE HOUSE, 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, 1985, at which time the committee shall stand abolished. The following Committee substitute was read and adopted: A RESOLUTION Creating the Hospital Cost Containment Study Committee; and for other purposes. WHEREAS, rising hospital costs are a vital concern to the people of this state; and WHEREAS, health care is a right of the people and one of the primary purposes for which governments are established; and WHEREAS, the cost of health care services are rapidly rising beyond the economic reach of a large segment of our population; and WHEREAS, the House of Representatives wishes to determine what is the most effective means of restraining rising costs while meeting the needs of the population for accessible, high-quality health care services. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the Hospital Cost Containment Study Committee to be composed of six members of the House of Representatives to be appointed by the Speaker of the House of Representatives, two of whom shall be appointed from the Health and Ecology Committee and two of whom shall be appointed from the Insurance Committee. The committee shall select a chairman at its first meeting to be called by the Speaker of the House of Representatives. BE IT FURTHER RESOLVED that the committee shall undertake a study of the problems mentioned above and any other problems related thereto and recommend necessary steps to be undertaken to alleviate any such problems. 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 five 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, 1985, at which time the committee shall stand abolished. 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 YAdams.G Y Adams.M Aiken YAlford Y Alien Y Anderson YArgo YAthon Y Atkins Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B YBarnett,M Y Beck Y Benefield Benn YBirdsong Bishop Y Bolster Y Bostick Y Branch Y Bray Y Brooks Brown.G Y Brown,J Y Buck Y Burruss Y Byrd Y Carter Y Chambless Y Chance Y Cheeks Y Guilders Y Childs Y Claik3 Clrk,L Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch Y COT Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Diion Y Dobbs Y Dover Dunn Y Edwards Y Evans Y Felton Y Foster Y Galer Y Godbee Y Goodwin Y Greene Greer Groover Y Hamilton Manner Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Y Jackson.J Jackson.N Y Jamieson Y Johnson.D FRIDAY, MARCH 8, 1985 Y Johnson,F Y Johnson.R Y Johnson.S Kilgore Y Kingston Y Lane.D Y Lane.R Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under Y Logan YLong YLord Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Peters Y Pettit Y Phillips Y Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Richardson Y Robinson.C Y Robinson.P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y SmithJ, Y Smith.P Y Smith.T YSmyre Y Stancil Y Steinberg Thomas.C 2435 Y Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker,L YWall Ware Watson Watts White Wilder Williams,B Y Williams,J Y Williams.R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy.Spkr On the adoption of the Resolution, by substitute, the ayes were 144, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. The following Resolution of the House, favorably reported by the Committee on Rules, was read: HR 414. By: Representative Crosby of the 150th: A RESOLUTION Creating the Logging Safety Study Committee; and for other purposes. WHEREAS, traffic accidents involving logging vehicles and trailers usually kill or seriously injure the driver of the logging vehicle; and WHEREAS, safety equipment can be purchased and installed on a logging trailer which will minimize the possibility of death or serious injury in the event of an accident; and WHEREAS, it is not mandatory that logging vehicles be equipped with such safety equipment. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the Logging Safety Study Committee to be composed of five members of the House of Representatives appointed by the Speaker of the House of Representatives, one of whom shall be designated as chairman. The committee is authorized to conduct a thorough and continuing study of the fatalities and serious injuries in connection with accidents involving logging vehicles and trailers and the laws of other states concerning safety equipment required to be installed on logging trailers. The members of the committee shall receive the expenses and allowances provided by law for legislative members of interim legislative committees but shall receive the same for not more than five days. The committee shall meet upon the call of the chairman and is authorized to hold meetings and conduct studies at such times and places as the committee deems advisable in carrying out its duties. The Department of Public Safety shall provide such statistical information as may be requested by the chairman. 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 2436 JOURNAL OF THE HOUSE, and recommendations, with suggestions for funding and for legislation, if any, no later than December 15, 1985, at which time the committee shall stand abolished. On the adoption of the Resolution, the ayes were 127, nays 3. The Resolution was adopted. By unanimous consent, the following Bill of the House was taken up for consideration and read the third time: HB 453. By: Representative Coleman of the 118th: A BILL to amend Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to organization of county government, so as to provide minimum annual salaries for county commissioners of counties which are governed by a single county commissioner; and for other purposes. The following amendment was read and adopted: Representatives Coleman of the 118th and Peters of the 2nd move to amend HB 453 by striking from the title beginning on line 6 of page 1 the following: "expense allowance, automobile allowance, or other compensation", and inserting in lieu thereof the following: "any expense allowance or automobile allowance". By adding in Section 1 on line 23 of page 1 between the word "that" and the word "any" the following: "any such county commissioner, who receives a minimum annual salary equal in amount to the minimum annual salary provided for the sheriff pursuant to this Code section, shall not be entitled to any expense allowance provided by local law; provided, further, that". By striking in its entirety subsection (b) beginning on line 26 of page 1 and continuing through line 3 of page 2, which reads as follows: "(b) The provisions of subsection (a) of this Code section shall only apply to the salary of a county commissioner and shall not affect any expense allowance, automobile allowance, or other compensation received by a county commissioner in addition to his salary.", and inserting in lieu thereof a new subsection (b) to read as follows: "(b) The provisions of subsection (a) of this Code section shall not affect any automobile allowance provided for such county commissioner pursuant to local law." 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 119, nays 16. 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: FRIDAY, MARCH 8, 1985 2437 SB 20. By: Senators Burton of the 5th, Dean of the 31st, Deal of the 49th, and Turner of the 8th: A BILL to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to revise and reorganize Chapter 3, relating to access to and use of public buildings by handicapped and elderly persons, so as to provide for legislative intent; to require certain buildings and facilities and components thereof to comply with certain standards; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON SB 20 The Committee of Conference on SB 20 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 20 be adopted. Respectfully submitted, FOR THE SENATE: Honorable Joe Burton Senator, 5th District /s/Honorable Wayne Garner Senator, 30th District FOR THE HOUSE OF REPRESENTATIVES: ,, n XTT T /s/Honorable Forest Hays, Jr. Representative, 1st District /s/Honorable Carlton Colwell Representative, 4th District /s/Honorable Nathan Dean Senator, 31st District /s/Honorable Troy A. Athon Representative, 57th District A BILL To amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped persons, so as to change certain provisions of legislative intent and policy; to amend certain definitions; to provide for certain applicable standards and specifications; to provide for certain exemptions; to provide for responsibility for enforcement and administration; 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 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped persons, is amended by striking Code Section 30-3-1, relating to certain legislative intent and policy, and inserting in lieu thereof a new Code Section 30-3-1 to read as follows: "30-3-1. The provisions of this chapter are enacted to further the policy of the State of Georgia to encourage and enable handicapped or elderly persons to participate fully in the social and economic life of Georgia and to encourage and promote their education and rehabilitation. It is the intent of this chapter to eliminate, insofar as possible, unnecessary physical barriers encountered by handicapped or elderly persons whose ability to participate in the social and economic life of this state is needlessly restricted when such persons cannot readily use government buildings, public buildings, and facilities used by the public. Nothing in this chapter is intended to require the person who owns or controls a building or facility subject to the requirements of this chapter to provide any features, such as elevators, bathrooms, or entrances solely to meet the intent of this chapter; but, if such features are provided, then they shall conform to ANSI Standards A117.1 ; 1980. It is further provided that compliance with the minimum 2438 JOURNAL OF THE HOUSE, handicapped accessibility standards as set forth in this chapter is not intended as a substitute for compliance with more stringent federal laws or federal regulations which may apply to the same buildings or facilities as described in Code Section 30-3-2." Section 2. Said chapter is further amended by striking Code Section 30-3-2, relating to definitions, and inserting in lieu thereof a new Code Section 30-3-2 to read as follows: "30-3-2. As used in this chapter, the term: (1) 'Adaptable' is further explained as follows: (A) Adaptable refers to features provided for but not actually installed. Such adaptability makes it possible for the feature required by ANSI A117.1 Standard to be added for the occupant without major structural alteration; (B) Items not installed at the time of construction under the adaptable provisions of ANSI A117.1 Standard, and items installed which might need to be removed to provide access, must be installed or removed by the owner at the owner's expense when the dwelling is rented to a handicapped person, within 30 days after his or her application for occupancy is approved by the owner. (2) 'American National Standards Institute specifications (ANSI standards)' means sections 3 and 4 of the American National Standards Institute specifications A117.1-1980 for making buildings and facilities accessible to and usable by physically handicapped individuals. (2.1) 'Component' means any or all of the parts of the buildings, facilities, elements, and spaces which constitute the buildings and facilities described in Code Section 30-3-2. (3) 'Facilities' shall include, but are not limited to, walkways, sidewalks, curbings, parking lots, parks, stadiums, coliseums, and any other manmade or developed area used by the public. (4) 'Government buildings' means all buildings, structures, streets, sidewalks, walkways, and access thereto, which are used by the public or in which handicapped or elderly persons may be employed, that are constructed, leased, or renovated in whole or in part by use of state, county, or municipal funds or the funds of any political subdivisions of the state, and, to the extent not required otherwise by federal law or regulations and not beyond the power of the state to regulate, all buildings and structures used by the public which are constructed or renovated in whole or in part by use of federal funds. (5) 'Public buildings' means all buildings, structures, streets, sidewalks, walkways, and access thereto, which are used by the public or in which handicapped or elderly persons may be employed, that are constructed or renovated by the use of private funds; including rental apartment complexes ef 26 units f mere and temporary lodging facilities of 36 units er mere-, provided :that this chapter skaH require fully acccsstole of &dflptftDle units Ht only CT percent ot tne totfli rent-til flpftrtments, or ft minimum of one, wo.iciioV61 w gpcfltci^ ftnd tins cnspter snd.il ftppiy to only o percent vided tnflt tnis cnflpte? snflti not &pply to ft pnvflte single "iftmiiy residence OP to duplexes or sny complex contsmin^ tewer tft&n ~z\j units, or TO condominiums fts defined in 6ed Section 44-3-7. (6) 'Reasonable number' as found in the ANSI standards shall be defined for each of the following standards to mean: (A) 'Parking spaces (ANSI 4.61) in a reasonable number' shall be determined as follows: Total number of parking spaces Number of designated handicapped parking spaces 10-50 A minimum of one 1 51-400 A minimum number of 2 or 2 percent of the total provided, whichever is FRIDAY, MARCH 8, 1985 2439 greater 401 and greater 8 plus 1 percent of the total provided above 401 (B) 'Entrances (ANSI 4.14) in a reasonable number' means that all primary entrances usually considered as major points of pedestrian flow must be accessible to and usable by handicapped persons. (C) 'Drinking fountains (ANSI 4.15) in a reasonable number' means that all drinking fountains shall be accessible to and usable by handicapped persons. (D) (i) 'Toilet rooms (ANSI 4.22) in a reasonable number' means that for every floor which is to be made accessible to and usable by handicapped persons each at least one toilet room for each sex where provided, at a reasonable location along accessible routes shall conform to ANSI 4.22. Toilet rooms located on levels above or below the entrance level which are not connected by an elevator are not required to conform to ANSI 4.22 unless they are on an accessible route. However, at least one toilet room per sex where provided, located on levels above or below the entrance level which are not connected by an elevator is required to provide doorways which have a minimum clear opening of 32 inches and grab bars which conform to ANSI 4.26 and ANSI figure 29. (ii) Where hospital patient bedrooms include self-contained toilet rooms, at least 10 percent of those patient bedroom toilets shall comply fully with ANSI 4.22 and ANSI figure 3(a) or 3(b) and shall be located in each ward throughout the hospital, while all other toilet rooms located in patient bedrooms shall provide doorways which have a minimum clear opening of 32 inches and grab bars which conform to ANSI 4.26 and ANSI figure 29. In special purpose hospitals that treat conditions which affect mobility, all patient baths, toilets, and bedrooms shall comply with ANSI Standards A117.1-1980. (iii) Long-term care facilities, such as nursing homes and skilled nursing facilities, where patient bedrooms include self-contained toilet rooms, at least 10 percent of those patient bedroom toilets shall comply fully with ANSI 4.22 and ANSI figure 3(a) or 3(b), while all other toilet rooms located in patient bedrooms shall provide doorways which have a minimum clear opening of 32 inches and grab bars which conform to ANSI 4.26 and ANSI figure 29. (E) 'Bathrooms, bathing facilities, and shower rooms (ANSI 4.23) in a reasonable number' means that for every floor which is to be made accessible to and usable by handicapped persons each bathroom, bathing facility, and shower room along accessible routes shall conform to ANSI 4.23. Bathrooms, bathing facilities, and shower rooms located on levels above or below the entrance level which are not connected by an elevator are not required to conform to ANSI 4.23, unless they are on an accessible level. Where hospital patient bedrooms include self-contained bathrooms, at least 10 percent of those patient bedrooms shall provide bathrooms which comply fully with ANSI 4.23 and shall be located in each ward throughout the hospital, while all other bathrooms in patient bedrooms shall provide doorways which have a minimum clear opening of 32 inches and grab bars which conform to ANSI 4.26 as shown in ANSI figures 29, 34, and 37. In long-term care facilities, such as nursing homes and skilled nursing facilities, where patient bedrooms include selfcontained bathrooms, bathing facilities, and shower rooms, at least 10 percent of those patient bedrooms shall provide bathrooms, bathing facilities, and shower rooms which comply fully with ANSI 4.23 and ANSI figure 3(a) or 3(b), while all other bathrooms, bathing facilities, and shower rooms in patient bedrooms shall provide doorways which have a minimum clear opening of 32 inches and grab bars which conform to ANSI 4.26 as shown in ANSI figures 29, 34, and 37. (F) 'Seats, tables, and work surfaceSj and assembly areas (ANSI 4.32 and 4.33) in a reasonable number' means the following: Total number Number of accessible spaces required 2440 JOURNAL OF THE HOUSE, tfp 10 to 50 2 spaces for wheelchair users adjacent to each other 51-400 4 spaces including 2 adjacent to each other 401 and above An even number of spaces not less than 1 percent of the total number located throughout all price ranges or locations, or both (7) 'Renovation' means; moving or replacing, except for repair, or adding any specific component of a building or facility as described in Code Section 30-3-2. (A) if any specific component ef an elevator ts replaced r eved from its existiri| locfltiom to d dITIctent locfltioh, theft the spcciiic compone111 snct.il DC JTCQuired temeet the ANSI A117.1 Standard, as specified in Code Section 30-3-2, as it applies to thflt spcciiic cowipORentj meludin^5 ftR &ccessiDie route tts deimed HI tfte AJNol A117.1 Standard; (B) Any component ef a building, structure er facility, which is replaced, except tor the purpose ot repflir, or wioved, srid.il oe recruited to meet, cftc A.NO! /vii /.i o18Hd8Yd ds 9pcc11ted iR Oode oectioR oU*o~fij including flft ftccessiDie route ss defined m the AN^ A117.1 Standard. (8) 'Substantial renovation' means any renovation of the external and internal components of government buildings, public buildings, or facilities within a 24 month period costing more than the tax assessed value of such buildings or facilities, according to the county tax records at the time of such renovations. Buildings or facilities subject to the provisions of this chapter which are not carried on the tax records are deemed to be substantially renovated ifj within a 24 month period, the costs of renovating external and internal components are more than 40 percent of the reasonable replacement costs of such buildings or facilities. (9) 'Temporary lodging units' means hotels, motels, dormitories, other facilities such as YMCA's and YWCA's whose primary purpose is to provide sleeping accommodations, and missions or shelters for the homeless." Section 3. Said chapter is further amended by striking Code Section 30-3-3, relating to certain applicable standards and specifications, and inserting in lieu thereof a new Code Section 30-3-3 to read as follows: "30-3-3. (a) All government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1984, shall comply with the American National Standards Institute specifications A117.1-1980 for making buildings and facilities accessible to and usable by physically handicapped people; provided, further, that the L Such buildings and facilities shall include, without being limited to, rental apartment complexes of 20 units or more and temporary lodging facilities of 20 units or more, provided that this chapter shall require fully accessible or adaptable units in only 5 percent of the total rental apartments, or a minimum of one, whichever is greater, and this chapter shall apply to only 5 percent of the total temporary lodging units, or a minimum of one, whichever is greater; provided, further, that this chapter shall not apply to private single-family residences or to duplexes, residential condominiums, or any rental apartment complex containing fewer than 20 units. Certain portions of such buildings and facilities are not required to comply with the ANSI accessibility standards set forth in this chapter, including elevator pits, elevator penthouses, mechanical rooms, piping or equipment catwalks, lookout galleries, electrical and telephone closets, prison guard towers, and general utility rooms. Safety Fe Commissioner er; where applicable, the DOftfa ot t\events ot the u mversity system ot ijeor^jtfl or trie locsi ^joverfim[ RXTChority having jurisdiction ever the buildings at question upon receipt ef a swem written statement frem the person whe ewns er controls the use ef any government building, public Duilding, er tacility suDject to the requirements et tnis cnaptcr and alter taking an FRIDAY, MARCH 8, 1985 2441 circumstances into consideration may determine that fatt compliance with any particular standard er specification set forth in this chapter is impractical, whereupon there shaH be substantial compliance with the standards er specifications te the maximum extent practical and; within 46 days ef such determination, a written record shaH fee made by the Safety Fire Commissioner err where applicable, the beard ef regents er the local gevcrning ftutnonty hflvinjj jurisdiction over trie buildings tu Questionj setting forth The P&SOR3 why rt ts impfftcticsi tof the person suoject oO' the cnflptep to1 comply tulty wrtn~ the pflFticuiQr stftndQFu of speciiiC8tioii srid fliso setting toptn tnc extent to which the government building, public building, or iscility snsll conform with the 91snd9Fd OP specification. The Safety Fire Commissioner er; where applicable, the beard ef regents be responsible for malting a final determination as te whether er net an exemption shall DC granted. (b) If any specific component of an elevator is replaced or moved from its existing location in government buildings, public buildings, or facilities to a different location in such buildings or facilities, then the specific component shall be required to comply with ANSI Standard A117.1-1980, as it applies to that specific component. (c) The renovation of any component of government buildings, public buildings, or facilities located on any level which is connected by an elevator lift or ramp shall be required to comply with ANSI Standards A117.1-1980, as it applies to that specific component. The renovation of any component located on the primary entrance level of government buildings, public buildings, or facilities which do not provide an elevator, lift, or ramp shall be required to comply with ANSI Standards A117.1-1980, as it applies to that specific component. Levels of such buildings and facilities located above and below the primary entrance level which are not connected by an elevator, lift, or ramp shall comply only with ANSI 4.4 protruding objects, 4.9 stairs, 4.28 alarms, 4.29 tactile warnings, and 4.30 signage, when and if any component covered by those ANSI Standards is renovated. (d) Any renovation of government buildings, public buildings, or facilities which is substantial shall include, in addition to the other components of such buildings or facilities which are to be renovated, at a minimum, an accessible site and exterior which complies with ANSI 4.1.1 (1) - (5), at least one principal entrance door along an exterior accessible route which complies with ANSI 4.13, and at least one toilet room or bathroom along an accessible route which complies with ANSI 4.22 or ANSI 4.23. (e) When enforcing this chapter in historic buildings as defined in paragraph (2) of subsection (a) of Code Section 25-2-13, the appropriate enforcement authority shall consider the intent of Article 2 of Chapter 10 of Title 44, the 'Georgia Historic Preservation Act,' which provides for the establishment of local preservation commissions to review changes proposed for historic buildings and the Secretary of Interior Standards for Preservation Projects, which provides guidelines for preservation of historic buildings. The enforcement authority should recognize that historic buildings undergoing rehabilitation must meet these requirements." Section 4. Said chapter is further amended by adding a new Code section immediately following Code Section 30-3-3, to be designated Code Section 30-3-3.1, to read as follows: "30-3-3.1. The person who owns or controls a building or facility subject to the requirements of this chapter and who feels unable to comply fully with all requirements of this chapter may apply for an exemption from specific requirements by filing a sworn written statement with the appropriate governing authority, setting forth the reasons why it is impractical to comply fully with a particular standard or specification, provided that the appropriate governing authority may grant an exemption only after reviewing the preliminary or final construction plans of the building in question. The Safety Fire Commissioner or, where applicable, the Board of Regents of the University System of Georgia or the local governing authority having jurisdiction over the buildings in question upon receipt of a sworn written statement from the person who owns or controls the use of any government building, public building, or facility subject to the requirements of this chapter and after taking all circumstances into consideration may determine that full compliance with any particular standard or specification set forth in this 2442 JOURNAL OF THE HOUSE, chapter is impractical, whereupon there shall be substantial compliance with the standards or specifications to the maximum extent practical. A final determination shall be made on an exemption request by the appropriate governing authority within 30 days following receipt of the sworn statement; and, within ten days of such determination, a written record shall be made and a copy sent to the person who owns or controls the use of the building or facility by the Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings in question, setting forth the extent to which the government building, public building, or facility shall conform with the standard or specification. The Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings in question shall be responsible for making a final determination as to whether or not an exemption shall be granted." Section 5. Said chapter is further amended by striking Code Section 30-3-5, relating to responsibility for administration and enforcement, and inserting in lieu thereof a new Code Section 30-3-5 to read as follows: "30-3-5. (a) (1) Except for buildings under the jurisdiction of the Board of Regents of the University System of Georgia, all buildings subject to the jurisdiction of the Safety Fire Commissioner pursuant to Code Section 25-2-12 and subsection (c) of Code Section 25-2-13 shall be subject to the jurisdiction of the Safety Fire Commissioner for purposes of enforcement of this chapter. (2) With respect to any such building, the Safety Fire Commissioner shall have the following powers and duties: (A) No such building shall be built in this state by any private person or corporation or public entity unless it conforms to the requirements of Code Sections 30-3-3 and 30-3-4 and its plans and specifications have been approved by the Commissioner as provided in this subparagraph. All plans and specifications shall identify the architectz or engineer or person who prepared them in a manner acceptable to the Commissioner. No building permit shall be approved by the Commissioner unless the architect or engineer responsible for preparation of said plans and specifications certifies on such plans that to the best of his knowledge, information, and belief they have been prepared in conformity with ANSI Standards A117.1-1980. The Commissioner shall approve the plans and specifications only if they conform to the requirements of this chapter. The Commissioner shall not require any additional fee for each submission of plans or specifications other than the standard fee required by Code Section 25-2-14. No local governing authority shall issue any building permit for any building subject to this subsection without proof of the approval required by this subparagraph; (B) In any case where the Commissioner denies approval under subparagraph (2)(A) of this subsection or an exemption under subparagraph (2)(C) of this subsection, the rights and remedies of the person submitting the same shall be those provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (C) Upon a showing that full compliance with any particular requirement or requirements is impractical or not necessary to accomplish the purposes of this chapter, the Commissioner may exempt a building from full compliance with the requirement or requirements and approve plans and specifications which do not conform, or which only partially conform, to the requirement or requirements. (b) The board of regents shall be responsible for the administration and enforcement of this chapter with respect to all properties under its jurisdiction. No construction plans shall be approved by the board of regents for any construction within the University System of Georgia unless the architect or engineer responsible for preparation of said plans and specifications certifies on such plans that to the best of his knowledge, information, and belief they have been prepared in conformity with ANSI specifications A117.1-1980. The certificate of compliance must be displayed on said plans immediately below the architect's seal. The builder, developer, or building owner following said plans shall require the certificate of compliance to be displayed on the plans before starting construction. FRIDAY, MARCH 8, 1985 2443 (c) Local governing authorities shall be responsible for the administration and enforcement of this chapter with regard to all other buildings described in paragraph paragraphs (3), (4), and (5) of Code Section 30-3-2 which are under their jurisdiction. No building permit shall be approved by any local governing authority for any private person, corporation, partnership, association, or public entity unless the plans and specifications have been approved as required by subsection (a) of this Code section Code Section 30-3-3, and unless the architect or engineer responsible for preparation of said plans and specifications certifies on such plans that to the best of his knowledge, information, and belief they have been prepared in conformity with ANSI specifications A117.1-1980. The builder, developer, or building owner following said plans prepared by an architect or engineer shall require such a certificate of compliance on the plans before starting construction. All construction plans must display such a certificate of compliance provided by the architect or engineer for all construction in local governing jurisdictions which do not require building permits. In all areas where local governing authority building permits are not required, the builder, developer, or building owner following said plans prepared by an architect or engineer shall require such a certificate of compliance to be displayed on the plans before starting construction. (d) In the performance of their responsibilities under this chapter, all state rehabilitation agencies and appropriate elective or appointive officials shall be required to cooperate with and assist the Safety Fire Commissioner, the board of regents, and the appropriate local building code officials or local fire department, or both, having jurisdiction over the buildings in question. (e) The Safety Fire Commissioner, the board of regents, and the local building code officials or the local fire department, or both, having jurisdiction over the buildings in question shall from time to time inform, in writing, professional organizations and others of this law and its application. (f) The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings in question shall have all necessary powers to require compliance with their rules, regulations, and procedures, and modifications thereof and substitutions therefor, including powers to institute and prosecute proceedings in the superior court to compel compliance, and shall not be required to pay any entry or filing fee in connection with the institution of such proceedings. (g) The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings in question, after consultation with state rehabilitation agencies and other sources as they might determine, are authorized to promulgate such rules, regulations, and procedures as might reasonably be required to implement and enforce their responsibilities under this chapter. (h) The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings in question, after consultation with state rehabilitation agencies, are also authorized to waive any of the standards and specifications presently set forth in this chapter and to substitute in lieu thereof standards or specifications consistent in effect to such standards or specifications heretofore adopted by the American Standards Association, Inc. (i) The board of regents, and the local governing authority having jurisdiction over the buildings or facilities in question shall delegate compliance, enforcement, and exemption authority under this chapter to one or more qualified administrative personnel under their jurisdiction, such as the chief building inspector, fire chief, building department engineer, or department directors. U) If buildings, facilities, or portions thereof serve children primarily, then the Safety Fire Commissioner, the board of regents, or the local governing authority having jurisdiction over the buildings in question may adjust dimensions and other provisions to make them suitable for children." 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. 2444 JOURNAL OF THE HOUSE, Representative Hays of the 1st moved that the House adopt the report of the Committee of Conference on SB 20. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield Benn Y Birdsong Y Bishop Bolster Y Bostick Y Branch YBray Brooks Y Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Childers Y Childs Clark,B Clark,L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Crosby Y Cummings Y Daugherty YDavis Dean Y Dixon Y Dobbs Y Dover Dunn Y Edwards Y Evans Y Pelton Y Foster Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Horne Y Hudson Y Isakson Y JacksonJ Y Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Lawler Y Lawrence Y Lawson YLee,C YLee.W Y Linder YLogan YLong YLord Lucas Y Lupton Y Maddox Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald On the motion, the ayes were 152, nays 0. The motion prevailed. Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Moultrie Y Mueller Y Oliver.C Y Oliver.D Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P YRosa Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L Y Smith.P Y Smith.T YSmyre Y Stancil Steinberg Thomas,C Y Thomas,M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B Y William8,J Y Williams.R Y Wilson YWood Y Workman Y Yeargin Young Murphy,Spkr The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 188. By: Representatives Bargeron of the 108th, Ross of the 82nd, Cox of the 141st, Godbee of the 110th, Moultrie of the 93rd, and others: A BILL to amend Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election districts and polling places, so as to provide that at a run-off primary in any county only a single polling place shall be open if the run-off primary is for the purpose of nominating candidates of only one political party and fewer than 1 percent of the county's registered voters voted at the primary of the political party; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 188 The Committee of Conference on HB 188 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 188 be adopted. FRIDAY, MARCH 8, 1985 2445 FOR THE SENATE: /s/HSoennaotroarb,le25CthulDveisrtKricidt d /s/Honorable Floyd Hudgins Senator, 15th District Honorable Max R. Brannon Senator, 51st District Respectfully submitted, FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Emory E. Bargeron Representative, 108th District /s/Honorable Claude A. Bray, Jr. Representative, 91st District /s/Honorable Roy D. Moultrie Representative, 93rd District A BILL To amend Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election districts and polling places, so as to provide that at a run-off primary in any county only a single polling place shall be open if the run-off primary is for the purpose of nominating candidates of only one political party and fewer than 1 percent of the county's registered voters voted at the primary of that political party; to provide that said single polling place shall be the polling place for the precinct wherein the county courthouse is located and that all other polling places shall be closed; to provide for notice to the public of the fact that only said single polling place shall be open at the run-off primary; to provide that if the superintendent determines that a single polling place is insufficient, all polling places shall be open; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election districts and polling places, is amended by adding a new Code Section 21-2-270 to read as follows: "21-2-270. (a) This Code section shall apply to a run-off primary held in a county where: (1) No run-off primary is to be held for nomination of any candidate who is nominated at a nonpartisan primary; (2) A run-off primary is to be held for nomination of one or more candidates who are nominated by one political party for election to the United States House of Representatives or to an office elected by the voters of the entire state; and no run-off primary is to be held for any candidate who is nominated by any other political party or any candidate who is nominated for election other than to the United States House of Representatives or to an office elected other than by the voters of the entire state; and (3) Fewer than 1 percent of the county's registered voters voted at the primary of the political party by which a candidate or candidates are to be nominated at the runoff primary. (b) In any case to which this Code section applies, only one polling place shall be required to be open in the county at the run-off primary; and such polling place shall be the polling place for the precinct wherein the county courthouse is located. Any voter who is otherwise eligible to vote in such run-off primary shall be entitled to vote in said run-off primary at said single polling place. If the superintendent determines that a single polling place is insufficient, all polling places within the county shall be open. (c) In any case in which only one polling place is to be utilized pursuant to this Code section, the superintendent shall cause an advertisement to be published once a week for two weeks immediately preceding the run-off primary. Such advertisement shall be in substantially the following form: 'At the run-off primary to be held in _____ County on (date) for the nomination of candidates of the _____ Party, only one polling place shall be open and such polling place will be located at _____. Any voter who desires to vote in such run-off 2446 JOURNAL OF THE HOUSE, primary must vote at said polling place and no other polling places will be open for the run-off primary.' (d) The superintendent shall also cause a copy of such notice to be prominently posted at each polling place in the county on the date of the run-off primary and on each of the 14 days immediately preceding the date of the run-off primary. The superintendent shall also request the news media to provide news coverage of the fact that all persons desiring to vote at the run-off primary must vote at said single polling place." Section 2. All laws and parts of laws in conflict with this Act are repealed. Representative Bargeron of the 108th moved that the House adopt the report of the Committee of Conference on HB 188. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Aiken Y Alford Y Alien Y Anderson YArgo Athon Y Atkins Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Childers Childs Y Clark,B Clark,L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCoi Y Crawford Crosby Y Cummings Y Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Dunn Y Edwards Y Evans Y Felton Y Poster Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Y Banner Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Johnson,R Y Johnson.S Y Kilgore Y Kingston Y Lane,D YLane,R Lawler Y Lawrence Y Lawson Y Lee.C YLee.W Y Under YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald On the motion, the ayes were 146, nays 0. The motion prevailed. Y McKelvey McKinney YMilam Y Milford Y Moody Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.D Y Padgett Y Pannell Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Porter YRainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson,C Y Robinson,? YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,? Y Smith,T Smyre Y Stancil Steinberg Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams,R Wilson YWood Y Workman Y Yeargin Young Murphy,Spkr The following Bill of the House was taken up for the purpose of considering the rejection of the report of the second Committee of Conference thereon: HB 583. By: Representatives Childs of the 53rd, Williams of the 54th, Redding of the 50th, Richardson of the 52nd, Steinberg of the 46th, and others: A BILL to amend 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, so as to provide that a municipality having an independent school system shall be authorized through its governing authority to allow FRIDAY, MARCH 8, 1985 2447 the sale of alcoholic beverages for consumption on the premises during a certain period of time after 11:55 P.M. on Saturdays and in certain eating establishments during a certain period of time on Sundays; and for other purposes. Representative Childs of the 53rd moved that the second Committee of Conference be dissolved and that the House appoint a third Committee of Conference on HB 583 to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a third Committee of Conference on the part of the House the following members: Representatives Childs of the 53rd, Dixon of the 151st, and Aaron of the 56th. Representative Phillips of the 120th arose to a point of personal privilege and addressed the House. Representative Dean of the 29th arose to a point of personal privilege and addressed the House. Representative Thompson of the 20th 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 report of the Committee of Conference thereon: HB 270. By: Representatives Walker of the 115th, Murphy of the 18th, Burruss of the 20th, Groover of the 99th, Buck of the 95th, and others: A BILL to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change certain of such salaries; to add certain officials; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 270 The Committee of Conference on HB 270 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 270 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable Nathan Dean Senator, 31st District /s/Honorable Jimmy Hodge Timmons Senator, llth District /s/Honorable Harrill L. Dawkins Senator, 45th District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable William J. Lee Representative, 72nd District /s/Honorable Terry Coleman Representative, 118th District /s/Honorable Larry Walker Representative, 115th District 2448 JOURNAL OF THE HOUSE, A BILL To amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change certain of such salaries; to add certain officials; to provide for the application or nonapplication of cost-ofliving increases for fiscal year 1986; to provide for 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 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, is amended by striking paragraphs (2) through (17) of subsection (a) in their entirety and inserting in lieu thereof new paragraphs (2) through (17.2) to read as follows: "(2) Lieutenant Governor.........................................................................................45,000.00 (3) Adjutant general The adjutant general shall continue to receive the pay and allowances under the same procedure as provided by law. (4) Commissioner of Agriculture ...........................................................................60,500.00 (5) Attorney General...............................................................................................62,000.00 (6) State auditor ......................................................................................................58,000.00 (7) Commissioner of Insurance..............................................................................60,500.00 (8) Commissioner of offender rehabilitation .......................................................58,500.00 (9) Commissioner of Labor ....................................................................................60,500.00 The above amount of salary for the Commissioner of Labor shall include any compensation received from the United States Government and the amount of state funds paid shall be reduced by the amount of compensation received from the United States Government. (10) Each member of the Board of Pardons and Paroles ...................................58,000.00 (11) Each member of the Public Service Commission ........................................58,000.00 (12) State revenue commissioner ............................................................................58,500.00 (13) State School Superintendent...........................................................................62,000.00 (14) Secretary of State..............................................................................................60,500.00 (15) Commissioner of veterans service ..................................................................58,500.00 The above amount of salary for the commissioner of veterans service shall include any compensation received from the United States government and the amount of state funds paid shall be reduced by the amount of compensation received from the United States government. (16) Commissioner of banking and finance...........................................................58,500.00 (17) Commissioner of administrative services.......................................................58,500.00 (17.1) Chairman of the State Board of Workers' Compensation .........................................................................................................58,000.00 FRIDAY, MARCH 8, 1985 (17.2) Each member of the State Board of Workers' Compensation other than the chairman........................................ 2449 ..56,000.00" Section 2. The salaries provided for in Section 1 of this Act for the Commissioner of Agriculture, Attorney General, state auditor, Commissioner of Insurance, commissioner of offender rehabilitation, Commissioner of Labor, each member of the Board of Pardons and Paroles, each member of the Public Service Commission, state revenue commissioner, State School Superintendent, Secretary of State, commissioner of veterans affairs, commissioner of banking and finance, commissioner of administrative services, chairman of the State Board of Workers' Compensation, and each member of the State Board of Workers' Compensation shall not be increased by the cost-of-living adjustment granted to state employees for fiscal year 1986. Section 3. This Act shall become effective July 1, 1985. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Coleman of the 118th moved that the House adopt the report of the Committee of Conference on HB 270. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams.M N Aiken Y Alford Y Alien Y Anderson Y Argo Y Athon Atkins Auten Y Bailey Balkcom N Bannister Y Bargeron Y Barnett.B N Barnett.M YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Brooks Brown.G Y Brown,J YBuck Burruss Byrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Clark,L Y Colbert Y Coleman Colwell Y Connell Cooper Copelan Couch Cox Y Crawford Y Crosby Cummings Y Daugherty N Davis YDean Y Dixon Y Dobbs Y Dover Dunn Edwards Y Evans N Felton Y Foster Galer Godbee N Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Hasty YHays Y Heard NHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson N Isakson Y Jackson.J Jackson,N Y Jamieson Y Johnson,D N Johnson,F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston Y Lane,D YLane,R Lawler N Lawrence Y Lawson YLee.C YLee.W Y Linder YLogan YLong Lord Y Lucas Lupton Y Maddox Mangum Martin.C Y Martin,J Y Matthews Y McDonald On the motion, the ayes were 112, nays 18. The motion prevailed. McKelvey McKinney YMilam Milford Y Moody Y Moore NMorton Y Mostiler Y Moultrie N Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell YParham YParrish Y Patten Y Peters Y Pettit Y Phillips Pinks ton Y Porter Rainey Y Ramsey.T N Ramsey.V Randall Y Ransom YRay Y Reaves Redding Y Richardson Y Robinson,C Y Robinson.P YRoss Y Royal Y Russell YSelman Shepard Y Sherrod Sinkfield Y Sizemore N Smith,L Smith,P N Smith.T Smyre YStancil Steinberg Y Thomas,C Y Thomas,M Y Thompson Townsend Triplett Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L N Wall Ware Watson Y Watts White N Wilder N Williams.B Y WUliams,J Y Williams,R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr Representative Smith of the 152nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to vote "aye" thereon. 2450 JOURNAL OF THE HOUSE, The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has appointed a third Conference Committee on the following Bill of the House: HB 583. By: Representatives Childs of the 53rd, Williams of the 54th, Redding of the 50th, Richardson of the 52nd, Steinberg of the 46th, and others: A BILL to amend 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, so as to provide that a municipality having an independent school system shall be authorized through its governing authority to allow the sale of alcoholic beverages for consumption on the premises during a certain period of time after 11:55 P.M. on Saturdays and in certain eating establishments during a certain period of time on Sundays; and for other purposes. The President has appointed on the part of the Senate the following: Senators Horton of the 17th, Barker of the 18th, and Bond of the 39th. The following Bill of the House was taken up for the purpose of considering the third report of the Committee of Conference thereon: HB 583. By: Representatives Childs of the 53rd, Williams of the 54th, Redding of the 50th, Richardson of the 52nd, Steinberg of the 46th, and others: A BILL to amend 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, so as to provide that a municipality having an independent school system shall be authorized through its governing authority to allow the sale of alcoholic beverages for consumption on the premises during a certain period of time after 11:55 P.M. on Saturdays and in certain eating establishments during a certain period of time on Sundays; and for other purposes. The following report of the third Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 583 The Committee of Conference on HB 583 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 583 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable Ed Barker Senator, 18th District /s/Honorable Julian Bond Senator, 39th District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Betty Aaron Representative, 56th District /s/Honorable Peggy Childs Representative, 53rd District /s/Honorable Janice Horton Senator, 17th District /s/Honorable Harry Dixon Representative, 151st District FRIDAY, MARCH 8, 1985 2451 A BILL To amend 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, so as to provide that, in any county in which one-half of the net revenues collected from the legalizing, controlling, licensing, and taxing of the wholesale and retail sale of alcoholic beverages is paid over to the boards of education, a municipality having an independent school system shall be authorized through its governing authority to allow the sale of alcoholic beverages for consumption on the premises during a certain period of time after 11:55 P.M. on Saturdays and in certain eating establishments during a certain period of time on Sundays; to provide for a referendum regarding the authorization of certain Sunday alcoholic beverage sales; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. 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 adding at the end of said Code section a new subsection, to be designated subsection (n), to read as follows: "(n) (1) Notwithstanding other laws, in any county in which one-half of the net revenues collected from the legalizing, controlling, licensing, and taxing of the wholesale and retail sale of alcoholic beverages is paid over to the boards of education in such county, a municipality having an independent school system shall be authorized through its governing authority, either by proper resolution or ordinance approved by a majority of that governing authority or by proper resolution or ordinance so approved and by its terms having its effectiveness being contingent upon referendum approval pursuant to paragraph (2) of this subsection, to allow: (A) The sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays and three hours immediately following such time; and (B) The sale and service by the drink of alcoholic beverages on Sundays from 12:30 P.M. until 12:00 Midnight in any licensed establishment which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging. (2) If a resolution or ordinance is approved pursuant to paragraph (1) of this subsection and by its terms has its effectiveness contingent upon referendum approval pursuant to this paragraph, not less than ten nor more than 60 days after the date of approval of such resolution or ordinance it shall be the duty of the election superintendent of the municipality, whose governing authority approved that resolution or ordinance, to issue the call for an election for the purpose of submitting the question of Sunday sales to the electors of that municipality for approval or rejection. The superintendent shall set the date of the election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published in the official organ of the county in which that municipality is located once a week for two weeks immediately preceding the date thereof. The ballot shall have written or printed thereon the words: '( ) YES ( ) NO Shall Sunday sales of alcoholic beverages by the drink be authorized in (name of municipality)?' All persons desiring to vote for approval of Sunday sales shall vote 'Yes,' and those persons desiring to vote for rejection of Sunday sales shall vote 'No.' If more than one-half of the votes cast on the question are for approval of Sunday sales, the resolution or ordinance approving such Sunday sales shall become effective upon the date so specified in that resolution or ordinance. The expense of the election shall be borne by the municipality in which the election is held. It shall be the duty of the superintendent to hold 2452 JOURNAL OF THE HOUSE, and conduct the election. It shall be his further duty to certify the result thereof to the Secretary of State." Section 2. All laws and parts of laws in conflict with this Act are repealed. Representative Childs of the 53rd moved that the House adopt the report of the third Committee of Conference on HB 583. On the motion, the roll call was ordered and the vote was as follows: Y Aaron N Adams.G N Adams,M N Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Atkins Auten Y Bailey Y Balkcom N Bannister Bargeron Y Bamett,B N Barnett.M YBeck Y Benefield Benn Birdsong Y Bishop Y Bolster Y Bostick N Branch Bray Y Brooks Brown,G Y Brown,J YBuck Y Burruss Byrd Y Carter Y Chambless N Chance Y Cheeks Y Childers Y Childs Y Clark,B Clark.L Y Colbert Y Coleman Colwell Y Connell Y Cooper Copelan Couch YCoi N Crawford Y Crosby N Cummings Daugherty YDavis YDean Y Dixon NDobbs N Dover Dunn Edwards Evans Y Felton Y Foster Galer YGodbee YGoodwin Y Greene YGreer Y Groover Y Hamilton Manner Hasty YHays N Heard NHill Y Holcomb Y Holmes Hooks Y Home N Hudson Isakson Y Jackson,J Jackson,N N Jamieson Y Johnson.D N Johnson.F Johnson,R Y Johnson.S Y Kilgore Y Kingston NLane,D YLaneJl Lawler N Lawrence YLawson YLee,C YLee.W Y Linder YLogan YLong Lord Y Lucas Y Lupton Y Maddox Y Mangum YMartin.C YMartin.J Y Matthews Y McDonald On the motion, the ayes were 102, nays 34. The motion prevailed. N McKelvey McKinney YMilam Milford N Moody Y Moore Y Morton Mostiler Y Moultrie Y Mueller N Oliver.C Oliver,D Y Padgett YPannell YParham Y Parrish N Patten Y Peters Y Pettit Y Phillips Pinks ton N Porter Rainey Y Ramsey.T Y Ramsey.V Randall Ransom YRay Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,? YRosB N Royal Y Russell YSelman N Shepard Y Sherrod Sinkfield Y Sizemore N Smith,L N Smith,P N Smith.T YSmyre N Stancil Steinberg Y Thomas.C Y Thomas,M Y Thompson Y Townsend Triplet! Twiggs N Waddle N Waldrep Y Walker.C Y Walker,L NWall Ware Watson N Watts White Y Wilder Williams.B Y Williams,J N Williams.R Y Wilson YWood Y Workman Y Yeargin Young Murphy ,Spkr The following Resolution of the House was read and adopted: HR 452. By: Representatives Parrish of the 109th, Atkins of the 21st, Cooper of the 20th, and others: A RESOLUTION commending the Honorable Bobby Eugene Parham; and for other purposes. 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 following Bill of the Senate: FRIDAY, MARCH 8, 1985 2453 SB 160. By: Senators Dawkins of the 45th, Barnes of the 33rd, and Dean of the 31st: A BILL to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide persons who will be presumed dependent; to provide for compensation for vocational rehabilitation; to provide for compensation for medical care and other treatment; to require State Board of Workers' Compensation to publish annually a list of charges for medical services; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: SB 243. By: Senator Barnes of the 33rd: A BILL to amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to licensing and taxation of billiard rooms, so as to provide that the prohibition against selling and serving alcoholic beverages on the premises of billiard rooms shall not apply to certain eating establishments; and for other purposes. The following Committee substitute was read and withdrawn: A BILL To amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to licensing and taxation of billiard rooms, so as to remove the language relating to alcoholic beverages being sold, served, or allowed to be used in or on the premises of billiard rooms or any place operated in connection therewith; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to licensing and taxation of billiard rooms, is amended by striking Code Section 43-8-12, relating to acts prohibited in billiard rooms, and inserting in its place a new Code section to read as follows: "43-8-12. No dice, cards, dominoes, or other games of chance shall be permitted, nor any form of gambling allowed, in any billiard room or in any other business place operated in connection therewith; and such games as Kelly pool, keno, pigeon pool, Parker pool, star pool, scrub, and similar gambling devices are prohibited. No racing or other betting pool shall be exhibited or sold in such place of business. The use of baseball tickers and the posting of results of sporting events is expressly prohibited in billiard rooms or in any place operated in connection therewith. No alcoholic beverages shaM be sold, scrvcdj or snowed to ~oc used m or on wic prcmises of Diiittird rooms of flny piflcc operated connection therewith." Section 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, without the substitute. On the passage of the Bill, the roll call was ordered and the vote was as follows: Aaron YAdams.G NAdams.M Y Aiken YAlford Y Alien Y Anderson Y Argo Athon Y Atkins Auten Y Bailey Y Balkcom N Bannister Bargeron Y Barnett,B N Barnett,M Beck Y Benefield Benn Y Birdsong Y Bishop N Bolster Bostick N Branch Y Bray Y Brooks Y Brown,G Brown,J Y Buck Y Burruss N Byrd Y Carter Y Chambless N Chance Y Cheeks Y Childers Childs Y Clark.B Clark.L Y Colbert N Coleman N Colwell Cornell Y Cooper 2454 JOURNAL OF THE HOUSE, Copelan Y Couch YCoj Crawford YCrosby N Cummings Daugherty NDavis YDean Y Dixon YDobbs N Dover Dunn Edwards Y Evans N Felton Y Foster YGaler Y Godbee N Ooodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Hasty YHays N Heard NHiU Holcomb Y Holmes Hooks Y Home Y Hudson Y Isakson Jackson,J Jackson,N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson.R Y Johnson,S Y Kilgore Y Kingston NLane,D Y Lane,R Y Lawler Y Lawrence Lawson YLee,C Y Lee,W Y Linder NLogan Long YLord Y Lucas Lupton Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey Y McKinney YMilam Milford N Moody N Moore YMorton N Mostiler Moultrie Y Mueller Y Oliver.C Y 01iver,D Y Padgett Y Pannell Parham Y Parrish Y Patten Peters Y Pettit Y Phillips Pinkston N Porter Rainey Y Ramsey.T N Ramsey.V YRandall N Ransom YRay Reaves Redding Richardson Y Robinson.C Y Robinson,? YRoss Y Royal Y Russell YSelman N Shepard Y Sherrod Sinkfield Y Sizemore Y Smith.L Y Smith,? Smith.T YSmyre Y Stancil Y Steinberg Y Thomas.C Thomas.M Y Thompson Y Townsend Triplett Twiggs Waddle Y Waldrep Y Walker.C Walker.L N Wall Ware Y Watson N Watts White Y Wilder Williams.B Williams,.) Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy.Spkr On the passage of the Bill, the ayes were 105, nays 27. 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 disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate: SB 224. By: Senator Timmons of the llth: A BILL to amend Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions applicable to retirement and pensions, so as to provide restrictions and prohibitions relative to membership in public retirement or pension systems for persons convicted of certain crimes; and for other purposes. The President has appointed on the part of the Senate the following: Senators Timmons of the llth, Trulock of the 10th, and Coverdell of the 40th. The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto: SB 160. By: Senators Dawkins of the 45th, Barnes of the 33rd, and Dean of the 31st: A BILL to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide persons who will be presumed dependent; to provide for compensation for vocational rehabilitation; to provide for compensation for medical care and other treatment; to require State Board of Workers' Compensation to publish annually a list of charges for medical services; and for other purposes. The following Senate amendment was read: FRIDAY, MARCH 8, 1985 2455 Amend the House substitute to SB 160 by adding on page 10, line 10, after "(b)" and before "no", the following: "Annually the board shall publish a list by geographical location of usual, customary, and reasonable charges for all medical services provided under subsection (a) of this Code section. The board may consult with medical specialists in preparing said list. Fees within this list shall be presumed reasonable." Representative Burruss of the 20th moved that the House agree to the Senate amendment to the House substitute to SB 160. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams.M N Aiken Y Alford Y Alien Y Anderson Y Argo Athon Y Atkins Auten Y Bailey N Balkcom Y Bannister Bargeron Y Barnett,B Y Barnett,M NBeck Y Benefield Benn Y Birdsong Y Bishop Y Bolster N Bostick Y Branch NBray Y Brooks N Brown.G YBrown.J YBuck Y Burruss YByrd N Carter Y Chambless N Chance Y Cheeks Y Childers Childs Y Clark3 Clark,L N Colbert Y Coleman N Colwell Y Connell Y Cooper Copelan Couch Coi Y Crawford N Crosby N Cununings Daugherty NDavis YDean Y Dixon YDobbs N Dover Dunn Edwards Evans N Felton N Foster YGaler N Godbee YGoodwin NGreene NGreer Y Groover Y Hamilton Hanner Hasty Hays Y Heard NHill Holcomb Y Holmes Y Hooks Home N Hudson Ylsakson Jackson^) Y Jackson.N N Jamieson Y JohnsonJ) Y Johnson,F Y Johnson.R Y Johnson,S Y Kilgore N Kingston YLane,D YLane,R Y Lawler Y Lawrence YLawson YLee,C YLee.W N Under YLogan YLong YLord N Lucas Y Lupton Y Maddoi Y Mangum YMartin,C Y Martin,J N Matthews Y McDonald On the motion, the ayes were 97, nays 52. The motion prevailed. Y McKelvey McKinney NMilam N Milford N Moody N Moore NMorton Y Mostiler N Moultrie Y Mueller N Oliver.C 01iver,D Y Padgett YPannell YParham NParrish N Patten N Peters Y Pettit YPhUlips N Pinkston N Porter Rainey N Ramsey.T YRamsey.V Randall N Ransom YRay N Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P NRoss N Royal Y Russell YSelman N Shepard N Sherrod Y Sinkfield Y Sizemore N SmithJN Smith,P Smith,T YSmyre N Stancil Y Steinberg Y Thomas.C Y Thomas,M Y Thompson Y Townsend Triplett NTwiggs Y Waddle N Waldrep N Walker.C Y Walker,L Y Wall Ware Y Watson Y Watte White N Wilder Williams.B Y Williams^ Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr 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 224. By: Senator Timmons of the llth: A BILL to amend Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions applicable to retirement and pensions, so as to provide restrictions and prohibitions relative to membership in public retirement or pension systems for persons convicted of certain crimes; and for other purposes. Representative Johnson of the 72nd moved that the House adhere to its position in substituting SB 224 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. 2456 JOURNAL OF THE HOUSE, The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Johnson of the 72nd, Lawler of the 20th, and Steinberg of the 46th. The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon: SB 224. By: Senator Timmons of the llth: A BILL to amend Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions applicable to retirement and pensions, so as to provide restrictions and prohibitions relative to membership in public retirement or pension systems for persons convicted of certain crimes; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON SB 224 The Committee of Conference on SB 224 recommends that the Senate recede from its position and that the House Substitute to SB 224 be adopted. Respectfully submitted, FOR THE SENATE: /s/Honorable Jimmy Hodge Timmons Senator, llth District /s/Honorable Paul H. Trulock Senator, 10th District FOR THE HOUSE OF REPRESENTATIVES: /s/Honorable Rudolph Johnson Representative, 72nd District /s/Honorable Terry Lawler Representative, 20th District /s/Honorable Paul D. Coverdell Senator, 40th District /s/Honorable Cathey W. Steinberg Representative, 46th District Representative Johnson of the 72nd moved that the House adopt the report of the Committee of Conference on SB 224. On the motion, the roll call was ordered and the vote was as follows: Aaron Y Adams,G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Auten Y Bailey Y Balkcpm Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield Benn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Brown.G Y Brown,J YBuck YBurruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Clark.B Claik.L Y Colbert Y Coleman Y Colwell Y Connell Cooper YCopelan Y Couch YCox Y Crawford Y Crosby Cummings Daugherty YDavis Dean Y Dixon YDobbs Y Dover Dunn Y Edwards Y Evans Y Felton Y Foster YGaler Y Godbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Hanner Hasty YHays Y Heard YHill Y Holcomb Y Holmes Hooks Y Home Y Hudson Ylsakson Y Jackson.J Jackson.N Y Jamieson Johnson.D Y Johnson,F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston YLane,D Y Lane,R Y Lawler Y Lawrence Y Lawson YLee.C YLee,W Y Linder YLogan YLong YLord Y Lucas Y Lupton Y Maddoi Y Mangum Y Martin.C FRIDAY, MARCH 8, 1985 2457 YMartin,J Y Matthews Y McDonald YMcKelvey McKinney YMilam YMilford Y Moody Y Moore Y Morton Mostiler YMoultrie YMueller YOliver.C YOliver,D Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Y Ray Y Reaves Redding Y Richardson Y Robinson,C Y Robinson,P Y Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L On the motion, the ayes were 150, nays 0. The motion prevailed. Y Smith,P Y Smith,T Y Smyre Y Stancil Y Steinberg Y Thomas,C Y Thomas,M Thompson Y Townsend Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Ware Y Watson Watts White Y Wilder Y Williams,B Y William8,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR FRIDAY, MARCH 8, 1985 Mr. Speaker and Members of the House: Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 8, 1985, by adding the following: SB 147 Controlled Sub.: Fine/Forfeit Fund: Cocaine Task Force Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect. Respectfully submitted, /&/ Lee of the 72nd Chairman His Excellency Governor Joe Frank Harris, accompanied by the First Lady, appeared upon the floor of the House and addressed the members. The Senate has rejected the Conference Committee Report on the following Bill of the Senate: SB 20. By: Senators Burton of the 5th, Dean of the 31st, Deal of the 49th, and Turner of the 8th: A BILL to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to revise and reorganize Chapter 3, relating to access to and use of public buildings by handicapped and elderly persons, so as to provide for legislative intent; to require certain buildings and facilities and components thereof to comply with certain standards; and for other purposes. The following Resolution of the House was read and adopted: HR 453. By: Representative Murphy of the 18th: A RESOLUTION Relative to adjournment; and for other purposes. 2458 JOURNAL OF THE HOUSE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly adjourn sine die at 7:15 P.M. on March 8, 1985. Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: SB 147. By: Senators Perry of the 7th, Bryant of the 3rd, Ray of the 19th, and others: A BILL to amend Article 3 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the limitation period and rules for claims against the fine and forfeiture fund, so as to provide that any surplus of funds directly related to fines imposed for violations of the laws of this state relating to controlled substances shall be equally divided between the county entitled to share such funds and the Georgia Bureau of Investigation; and for other purposes. The following Committee substitute was read and adopted: 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 and penalties for violations, so as to provide for mandatory minimum penalties upon conviction for certain violations; to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Georgia Bureau of Investigation, so as to authorize a Special Cocaine Task Force to assist local law enforcement agencies in cocaine abuse and trafficking investigations and the apprehension of violators; to provide that the Special Cocaine Task Force shall install and publicize the number of a state-wide telephone in an effort to encourage citizens to report incidents of drug abuse and trafficking or any suspicious activity involving drug abuse and trafficking; to sunset the Special Cocaine Task Force; to authorize a mobile cocaine education van within the Georgia Bureau of Investigation which shall be equipped with displays, visual aids, books, pamphlets, video films, and a trained instructor; to provide that the mobile cocaine education van shall be available free of charge to schools, industries, and communities to teach youths and adults about the dangers of cocaine and other controlled substances; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana and penalties for violations, is amended by striking subsection (a) of said Code section in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: "(a) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in actual possession of 28 grams or more of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine and, upon conviction thereof, shall be punished as follows: (1) If the quantity of the cocaine is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five ten years and shall pay a fine of $60,000.00 $100,000.00; (2) If the quantity of the cocaine is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of seve 15 years and shall pay a fine of $100,000.00 $250,000.00; and (3) If the quantity of the cocaine is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of tt 25 years and shall pay a fine of $260,000.00 $500.000.00." Section 2. Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Georgia Bureau of Investigation, is FRIDAY, MARCH 8, 1985 2459 amended by adding a new Code Section 35-3-9.1, immediately following Code Section 35-3-9, to read as follows: "35-3-9.1. (a) There is authorized within the Georgia Bureau of Investigation a Special Cocaine Task Force to assist local law enforcement agencies in cocaine abuse and trafficking investigations and the apprehension of violators of the controlled substances laws of this state. (b) The Special Cocaine Task Force shall install and publicize the number of a statewide WATS telephone and encourage citizens to call the toll free telephone number to report incidents of drug abuse and trafficking or any suspicious activity involving drug abuse and trafficking. (c) This Code section shall stand repealed on June 30, 1990." Section 3. Said article is further amended by adding a new Code Section 35-3-9.2, immediately following the new Code Section 35-3-9.1, to read as follows: "35-3-9.2. The Georgia Bureau of Investigation is authorized to purchase, operate, and maintain a mobile cocaine education van which shall be available to schools, industries, and communities desiring to teach youths and adults about the dangers of cocaine and other controlled substances. The van shall be equipped with displays, visual aids, books, pamphlets, video films, and other educational items and be manned by a trained instructor. The director shall offer the mobile cocaine education van free of charge to any school, industry, community, or other organization in this state which is interested in publicizing the dangers of cocaine and other controlled substances to the public." 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: Aaron Y Adams,G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M Beck Y Benefield Benn Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Brown.G Y Brown,J YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Clark,L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Copelan Y Couch YCoi Y Crawford Y Crosby Y Cummings Daugherty Y Davis YDean Y Dixon Y Dobbs Y Dover Dunn Edwards Y Evans Y Felton Foster YGaler YGodbee Y Goodwin Y Greene Y Greer Groover Y Hamilton Y Banner Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson YIsakson Y Jackson,J Y Jackson,N Y Jamieson Johnson,D Y Johnson,F Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane.D YLane,R Y Lawler Y Lawrence Y Lawson YLee.C YLee.W Y Linder YLogan YLong YLord Lucas Y Lupton Maddoi Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey N McKinney YMilam Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Oliver,D Y Padgett Y Pannell Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter YRainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Redding Y Richardson Y Robinson,C Y Robinson,? YRoss Y Royal Y Russell Y Selman Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith,T YSmyre Y Stancil Steinberg Y Thomas.C Thomas,M Y Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Wilson YWood Y Workman Y Yeargin Y Young Murphy.Spkr 2460 JOURNAL OF THE HOUSE, On the passage of the Bill, by substitute, the ayes were 149, nays 1. 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: The Senate has adopted by the requisite constitutional majority the following Resolution of the House: HR 453. By: Representative Murphy of the 18th: A RESOLUTION relative to adjournment; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the House: HB 72. By: Representatives Lawler of the 20th, Atkins of the 21st, Johnson of the 21st, Aiken of the 21st, Wilson of the 20th, and others: A BILL to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the City of Marietta; and for other purposes. HB 578. By: Representatives Padgett of the 86th, Cheeks of the 89th, Connell of the 87th, and Ransom of the 90th: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes the Board of Commissioners of Richmond County to assess and collect license fees and taxes from certain persons, firms, and corporations which maintain a place of business in the unincorporated area of Richmond County; and for other purposes. HB 837. By: Representatives Isakson of the 21st, Wilder of the 21st, Aiken of the 21st, Johnson of the 21st, Atkins of the 21st, and Cooper of the 20th: A BILL to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the appointment and compensation of investigators; and for other purposes. HB 1009. By: Representatives Lawler of the 20th, Cooper of the 20th, Thompson of the 20th, Wilson of the 20th, and Burruss of the 20th: A BILL to amend an Act reincorporating the City of Marietta, so as to de-annex and exclude certain property from the city; and for other purposes. HB 1088. By: Representative Ware of the 77th: A BILL to provide for the election of members of the Heard County Board of Education; to provide for five edu- cation districts; to provide for qualifications of the members of the board; and for other purposes. HB 1091. By: Representative Ross of the 82nd: A BILL to provide homestead exemptions from Wilkes County and Wilkes County school district ad valorem taxes; to provide requirements to be eligible to claim such exemptions; to provide definitions; and for other purposes. HB 1094. By: Representatives Peters of the 2nd and Ramsey of the 3rd: A BILL to amend an Act placing the coroner of Catoosa County on an annual salary, so as to increase the salary of the coroner; and for other purposes. FRIDAY, MARCH 8, 1985 2461 HB 1095. By: Representative Rainey of the 135th: A BILL to amend an Act creating a board of commissioners of Dooly County, so as to change the provisions relative to the compensation of the chairman and other members of said board of commissioners; and for other purposes. HB 1098. By: Representative Edwards of the 112th: A BILL to amend an Act chang- ing the number of members of the county board of education of Taylor County, so as to provide for new education districts; and for other purposes. HB 1099. By: Representatives Colwell of the 4th and Twiggs of the 4th: A BILL to amend an Act creating a county commissioner of Gilmer County and an advisory board of Gilmer County, so as to change the compensation of the commissioner; and for other purposes. HB 1101. By: Representatives Byrd of the 153rd and Moody of the 153rd: A BILL to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Wayne County to levy a tax not to exceed one-half mill for industrial development purposes; and for other purposes. HB 1102. By: Representatives Walker of the 115th, Watson of the 114th, and Waddle of the 113th: A BILL to amend an Act creating the Houston Judicial Circuit, so as to change provisions relating to the compensation and salary supple- ments of the judges of the Houston Judicial Circuit; and for other purposes. HB 82. By: Representatives Brown of the 88th, Brooks of the 34th, McKinney of the 35th, Alien of the 127th, Randall of the 101st, and others: A BILL to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments by insurers, so as to provide that insurers may invest in securities issued by the African Development Bank; and for other purposes. HB 120. By: Representatives Thomas of the 69th, Kilgore of the 42nd, Lawson of the 9th, and Wilson of the 20th: A BILL to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions in general, so as to authorize participation of county prisoners in workrelease programs; and for other purposes. HB 194. By: Representatives Redding of the 50th, Holmes of the 28th, Dean of the 29th, Aaron of the 56th, Steinberg of the 46th, and others: A BILL to amend Article 11 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the preparation and conduct of primaries and elections, and to amend Article 11 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to the conduct and preparation of municipal primaries and elections, so as to prohibit a candidate from contributing funds to defray the cost or a portion of the cost of certain campaign literature; and for other purposes. HB 658. By: Representative Wilson of the 20th: A BILL to amend Chapter 9 of Title 37 of the Official Code of Georgia Annotated, known as "The Patient Cost of Care Act," so as to change the definition of "persons liable for cost of care"; to change the provisions relating to assessment of persons liable for cost of care; and for other purposes. 2462 JOURNAL OF THE HOUSE, HB 665. By: Representatives Groover of the 99th and Ware of the 77th: A BILL to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to self-insurers with respect to financial responsibility and motor vehicle accidents, so as to change the provisions relating to qualifications for self-insurer; and for other purposes. HB 686. By: Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Mueller of the 126th, Morton of the 47th, and others: A BILL to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions affecting penal institutions, so as to prohibit the use of inmates for purposes of private gain to any individual; to prohibit the release of inmates for fraternization with custodians; and for other purposes. HB 832. By: Representative Watson of the 114th: A BILL to amend Code Section 33-27-2 of the Official Code of Georgia Annotated, relating to dependent coverage under group life insurance policies, so as to change the provisions relating to coverage for dependents; and for other purposes. HB 872. By: Representatives Walker of the 85th, Cheeks of the 89th, and Ransom of the 90th: A BILL to amend an Act creating a merit system of employment and personnel administration for employees of the sheriff in Richmond County and creating the Richmond County Sheriffs Merit System Board, so as to change the powers, duties, and responsibilities of the Richmond County Sheriffs Merit System Board; and for other purposes. HB 917. By: Representative Watson of the 114th: A BILL to repeal Article 7 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, known as the "Transportation of Hazardous Materials Act"; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for findings of the General Assembly; to designate a responsible state agency; and for other purposes. HB 183. By: Representatives Lawson of the 9th and Thomas of the 69th: A BILL to amend Article 3 of Chapter 5 of Title 5 of the Official Code of Georgia Annotated, relating to procedures for the grant of a new trial, so as to require in civil cases that, if a grant of a new trial is based on the exercise of a judge's discretion, the order shall articulate the reason or reasons for the exercise of such discretion; and for other purposes. HB 425. By: Representatives Lawler of the 20th, Johnson of the 72nd, Steinberg of the 46th, Cummings of the 17th, and Clark of the 13th: A BILL to amend Code Section 47-5-42 of the Official Code of Georgia Annotated, relating to provisions which may be included in employer plans under the Joint Municipal Employees Retirement System, so as to provide that provision may be made for benefits for part-time employment; and for other purposes. HB 546. By: Representatives Lawson of the 9th, Wood of the 9th, and Jackson of the 9th: A BILL to amend Code Section 36-12-5 of the Official Code of Georgia Annotated, relating to the interment of deceased indigent persons, so as to provide an exception to the amounts payable for interment if a county has made prior arrangements through bids or negotiation; and for other purposes. HB 710. By: Representatives Pannell of the 122nd, Kingston of the 125th, Mueller of the 126th, Hamilton of the 124th, Triplett of the 128th, and others: A FRIDAY, MARCH 8, 1985 2463 BILL to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to change the provisions relating to the definition of the offense of criminal trespass; to change the provisions relating to the definition of the offense of criminal damage to property in the second degree; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolutions of the House: HR 102. By: Representative Childs of the 53rd: A RESOLUTION relative to a comparative analysis of Georgia's local retirement systems; and for other purposes. HR 406. By: Representative Russell of the 64th: A RESOLUTION providing for recognition of a Georgia Homecoming in 1988; and for other purposes. The Senate agrees to the House substitute to the Senate substitute to the following Bill of the House: HB 878. By: Representatives Davis of the 45th, Williams of the 48th, Morton of the 47th, Robinson of the 58th, Lawrence of the 49th, and others: A BILL to make provisions for the Magistrate Court of DeKalb County; to provide for the selection, qualifications, disqualifications, number, vacancies, and compensation of the chief magistrate and magistrates; to provide that certain minimum compensation laws shall not apply to magistrates of such court; and for other purposes. The Senate recedes from its amendment to the following Bill of the House: HB 630. By: Representatives Walker of the 115th, Evans of the 84th, Chambless of the 133rd, and Wood of the 9th: A BILL to amend Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to dismissal actions, so as to change provisions relating to right of voluntary dismissal; and for other purposes. The Senate has agreed to the House substitute to the following Bill of the Senate: SB 16. By: Senators Barnes of the 33rd, Howard of the 42nd, and Phillips of the 9th: A BILL to amend Code Section 51-2-7 of the Official Code of Georgia Annotated, relating to liability for injuries caused by animals, so as to change the conditions under which owners and keepers of animals are liable for injuries caused by their animals; and for other purposes. The Senate has adopted the report of the Committee of Conference on the following Bills of the Senate and House: HB 4. By: Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, and Benefield of the 72nd: A BILL to provide appropriations for the State Fiscal Year 1985-86; and for other purposes. HB 185. By: Representatives Thomas of the 69th, Oliver of the 1st, Copelan of the 106th, and Smith of the 78th: A BILL to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to the release of juveniles where detention is not warranted, so as to clarify that an informal detention hearing must be held within 72 hours regarding a child who is alleged to be deprived; and for other purposes. 2464 JOURNAL OF THE HOUSE, HB 188. By: Representatives Bargeron of the 108th, Ross of the 82nd, Cox of the 141st, Godbee of the 110th, Moultrie of the 93rd, and others: A BILL to amend Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election districts and polling places, so as to provide that at a run-off primary in any county only a single polling place shall be open if the run-off primary is for the purpose of nominating candidates of only one political party and fewer than 1 percent of the county's registered voters voted at the primary of the political party; and for other purposes. HB 463. By: Representatives Chambless of the 133rd, Greer of the 39th, Dunn of the 73rd, Alien of the 127th, Couch of the 40th, and others: A BILL to amend Code Section 3-4-60 of the Official Code of Georgia Annotated, relating to the levy and amount of state excise taxes imposed on distilled spirits, so as to establish an excise tax upon the first sale, use, or final delivery within this state of all distilled spirits and alcohol; and for other purposes. HB 907. By: Representatives Oliver of the 1st, Robinson of the 96th, and Davis of the 45th: A BILL to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy generally, so as to provide that a petition to legitimate a child may be filed in the father's county of residence, the child's county of residence, or, if an adoption of the child is pending, in the county in which the adoption petition is filed; and for other purposes. HB 1035. By: Representatives Walker of the 85th, Ransom of the 90th, Padgett of the 86th, and Cheeks of the 89th: A BILL to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials; and for other purposes. SB 19. By: Senators Peevy of the 48th, Allgood of the 22nd, Dawkins of the 45th, and others: A BILL to amend Title 43 of the Official Code of Georgia Anno- tated, relating to professions and businesses, so as to comprehensively revise the provisions relating to the regulation and licensure of polygraph exam- iners; to create the State Board of Polygraph Examiners; and for other purposes. SB 224. By: Senator Timmons of the llth: A BILL to amend Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions applicable to retirement and pensions, so as to provide restrictions and pro- hibitions relative to membership in public retirement or pension systems for persons convicted of certain crimes; and for other purposes. SB 170. By: Senator Greene of the 26th: A BILL to amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions for medical malpractice, so as to change the provisions relating to limitations of actions for medical malpractice; to change the general limita- tion; to repeal the limitation relative to foreign objects left in the body; and for other purposes. SB 270. By: Senator Reddish of the 6th: A BILL to amend an Act creating a new charter for the City of Jesup, so as to change the provisions relating to the election of the mayor and other members of the board of commissioners; and for other purposes. The Senate has adopted the Conference Committee Report #3 of the following Bill of the House: FRIDAY, MARCH 8, 1985 2465 HB 583. By: Representatives Childs of the 53rd, Williams of the 54th, Redding of the 50th, Richardson of the 52nd, Steinberg of the 46th, and others: A BILL to amend 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, so as to provide that a municipality having an independent school system shall be authorized through its governing authority to allow the sale of alcoholic beverages for consumption on the premises during a certain period of time after 11:55 P.M. on Saturdays and in certain eating establishments during a certain period of time on Sundays; and for other purposes. The Senate has agreed to the House substitute to the following Bills of the Senate: SB 6. By: Senator Kidd of the 25th: A BILL to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the period for which a mentally ill, alcoholic, or drug dependent person may be detained in an emergency receiving facility; to change certain procedures when a mentally ill, alcoholic, or drug dependent person fails or refuses to comply with involuntary outpatient service plans; and for other purposes. SB 30. By: Senator Coverdell of the 40th: A BILL to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests to determine blood alcohol content in connection with the offense of driving under the influence of alcohol, so as to provide for the compensation of law enforcement officers for attending suspension of drivers' licenses for refusal to submit to chemical tests to determine blood alcohol content; and for other purposes. SB 9. By: Senator Kidd of the 25th: A BILL to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employees of the State to engage in political activities under certain conditions; and for other purposes. SB 147. By: Senators Perry of the 7th, Bryant of the 3rd, Ray of the 19th, and others: A BILL to amend Article 3 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the limitation period and rules for claims against the fine and forfeiture fund, so as to provide that any surplus of funds directly related to fines imposed for violations of the laws of this state relating to controlled substances shall be equally divided between the county entitled to share such funds and the Georgia Bureau of Investigation; and for other purposes. SB 169. By: Senator Greene of the 26th: A BILL to amend Code Section 1-3-1 of the Official Code of Georgia Annotated, relating to the construction of statutes generally, so as to change provisions relating to the computation of time; to amend Code Section 9-11-6 of the Official Code of Georgia Annotated, relating to time computations, so as to provide that such computations shall be made according to Code Section 1-3-1; and for other purposes. SB 131. By: Senators Dawkins of the 45th, Starr of the 44th, and Greene of the 26th: A BILL to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to fraudulent insurance claims, so as to define the offense of insurance fraud; to provide for certain procedural matters relative to the foregoing; to provide for penalties; and for other purposes. 2466 JOURNAL OF THE HOUSE, SB 182. By: Senator Foster of the 50th: A BILL to amend Code Section 40-6-225 of the Official Code of Georgia Annotated, relating to offenses and penalties pertaining to handicapped parking, so as to provide that towing expenses shall be chargeable to the person responsible for payment on the lease or rental agreement if the vehicle is leased or rented; and for other purposes. SB 140. By: Senators McKenzie of the 14th and Turner of the 8th: A BILL to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, the "Disposition of Unclaimed Property Act," so as to eliminate the seven-year period of time within which claims for abandoned property delivered to the state must be filed; to provide that the state revenue commissioner may destroy records relating to such property after a period of 20 years; and for other purposes. SB 252. By: Senator Cobb of the 28th: A BILL to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to postmortem examinations, so as to change the provisions relating to the duties of the coroner, medical examiner, etc., upon receipt of notice of suspicious or unusual death; to provide procedures for positive identification of dead bodies through dental examinations, under certain circumstances; and for other purposes. The Senate has agreed to the House amendment to the following Bill of the Senate: SB 7. By: Senator Kidd of the 25th: A BILL to amend Code Section 15-10-43 of the Official Code of Georgia Annotated, relating to the commencement of actions in the magistrate court, so as to define the methods of service of process in civil actions filed in the magistrate court; and for other purposes. The Senate has adopted the report of the Committee of Conference on the following Bill of the Senate: SB 62. By: Senator Broun of the 46th: A BILL to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the definition of the term "lottery"; and for other purposes. During this day's proceedings, the Speaker and Speaker Pro Tern alternated presiding in the Chair. Representative Lee of the 72nd moved that the following Bills and Resolutions on the general calendar be recommitted to the committees from which they were last reported: HB 16 HB 46 HB 49 HB 65 HB 182 HB 192 HB 233 HHBB 224553 HB 264 HB 269 HB 276 HB 280 HB 335 HB 336 HB 351 HB 387 HB 406 HB 414 HB 416 un A Af\ SHRB I45S5 HB 458 HB 459 HB 466 HB 477 HB 534 FRIDAY, MARCH 8, 1985 2467 HB 568 HB 569 HB 572 HB 613 HB 633 HB 638 HB 696 HB 716 HB 787 HB 788 HB 795 HB 797 HB 815 HB 826 HB 831 HB 846 HB 847 HB 850 HB 886 HB 888 HB 904 HR 103 HR 260 SB 3 SB 33 SB 45 SB 48 SB 65 SB 111 SB 135 SB 173 SB 208 SB 211 SB 235 SR 22 SR 158 The motion prevailed. Pursuant to HR 453, adopted by the House and Senate, the Speaker announced the House adjourned sine die. INDEX TO JOURNAL OF THE HOUSE OF REPRESENTATIVES REGULAR SESSION 1985 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 PARTI HOUSE AND SENATE BILLS AND RESOLUTIONS ABANDONMENT Certain weapons; disposal.................................................................................................HB 303 Motor vehicles; foreclosure of liens..................................................................................HB 130 Property; claims; time for filing........................................................................................SB 140 ABORTION Certain minors or incompetent persons; notices............................................................HB 310 Disposal of fetus.................................................................................................................HB 683 ABRAHAM BALDWIN AGRICULTURAL COLLEGE; commend....................HR 266 ACWORTH, CITY OF; grant easement..........................................................................HR 120 AD VALOREM TAX Airports; municipal territory.............................................................................................HB 632 Appeal notices; form ..........................................................................................................HB 595 Assessment; existing use....................................................................................................HB 352 Counties and municipalities; short-term debt; taxable property - CA.....................................................................................................................SR 12 Counties and municipalities; urban enterprise zones - CA..........................................HR 118 Counties and municipalities; urban enterprise zones; provide ....................................HB 642 Decatur, City of; homestead exemption; elderly............................................................HB 582 Forsyth County; homestead exemption; elderly............................................................HB 395 Fraudulent returns; penalties...........................................................................................HB 845 Homestead exemption; attach notice to bill.....................................................................HB 50 Homestead exemption; certain disabled veterans .........................................................HB 509 House Ad Valorem Property Taxation Study Committee; create..............................HR 325 Income tax; credit for excessive property tax....................................................................HB 9 Intangible property; exemption........................................................................................HB 922 Local option sales tax; educational purposes; property tax relief- CA........................................................................................................................HR 279 Refer to numerical index for page numbers 2472 INDEX AD VALOREM TAX (Continued) Mobile homes; designation................................................................................................HB 914 Motor vehicles; prisoners of war; exemption................................................................HB 1106 Motor vehicles; prorated registration fee........................................................................HB 286 Motor vehicles; prorated registration fee........................................................................HB 400 Motorcycles; license fees....................................................................................................HB 230 Property tax relief; elderly - CA..........................................................................................HR 9 Special one percent sales tax; educational purposes - CA.............................................HR 73 Tax assessors; confidentiality .............................................................................................HB 80 Tax bills; information requirements ................................................................................HB 125 Tax officials; qualifications.................................................................................................HB 75 Upson County; homestead exemption; disabled............................................................HB 531 ADJOURNMENT Adjourn 1/25/85; reconvene 2/4/85 ......................................................................................HR 8 Adjourn 2/22/85; reconvene 2/25/85.................................................................................SR 169 Adjourn 3/1/85; reconvene 3/4/85....................................................................................HR 310 Adjourn 3/6/85; reconvene 3/8/85.....................................................................................SR 246 Adjourn sine die; 3/8/85 ....................................................................................................HR 453 ADMINISTRATIVE PROCEDURE Health Planning Agency; rules .........................................................................................HB 484 Historic areas; amend Department of Natural Resources provisions.........................HB 277 ADMINISTRATIVE SERVICES, DEPARTMENT OF Fiscal Division director; appointment .............................................................................HB 418 Space rental.........................................................................................................................HB 436 State agencies; estimates of supplies and services; availability .................................HB 1135 ADMINISTRATORS AND EXECUTORS (See Wills, Trusts, and Administration of Estates) ADOPTION; interstate compacts; Human Resources enter .........................................HB 200 ADVERTISING Alcoholic beverages; prohibitions .......................................................................................HB 73 Industry and Trade; accept gifts and donations; lease agreements...............................SB 11 Insurers; mail-order business ............................................................................................HB 272 Legal advertisements; rates..................................................................................................SB 78 Real estate; foreclosure sales...............................................................................................HB 26 Time Share Act; public offering statements.....................................................................HB 69 AGED (See Elderly) AGENCIES (See named Agency and State Government) AGRICULTURE Agricultural Commodity Commission for Peanuts; membership................................HB 269 Agricultural Exposition Authority; create.......................................................................HB 271 Agricultural Exposition Authority Overview Committee; create ................................HB 254 Agricultural seeds; label requirements ............................................................................HB 126 Boll weevil; eradication.......................................................................................................SB 256 Cigar tax; rate......................................................................................................................HB 775 Commercial Code; mechanics' liens; farm equipment ..................................................HB 239 Farm foreclosures; moratorium; imposition....................................................................HR 183 Farmers; endangered species; urge Congressional action .............................................HR 153 Federal Marketing and Bargaining Act; urge enactment..............................................SR 154 Garden Week in Georgia; designate ................................................................................HR 100 Georgia Farm Bureau Day; proclaim February 7, 1985................................................HR 157 Georgia Food Act; penalty for violation..........................................................................HB 916 Refer to numerical index for page numbers INDEX 2473 AGRICULTURE (Continued) Grain dealers; licensing.......................................................................................................SB 158 Highways; weight and load of vehicles; certain permits...............................................HB 232 Litter control; poultry feathers.........................................................................................HB 389 Livestock; transporting into state; prohibitions.............................................................HB 650 Motor vehicles; transporting hay bales; weight limits................................................HB 1066 Pecan dealers; certain information; record...................................................................HB 1093 Pecan harvesting equipment; sales tax exemption........................................................HB 447 Sales tax; certain farmers; exemption .............................................................................HB 753 Soil erosion and sedimentation; counties and municipalities; technical assistance...........................................................................................................HB 35 AIRLINES AND AIRPORTS (See Aviation) ALBANY, CITY OF Albany Dougherty Payroll Development Authority; extend Constitutional Amendment...........................................................................................HB 588 Railroad closing; service to certain cities........................................................................HR 186 ALCOHOLIC BEVERAGES AND ALCOHOLISM Advertisement; prohibit.......................................................................................................HB 73 Age for purchasing................................................................................................................HB 21 Age for purchasing..............................................................................................................HB 202 Age for purchasing.................................................................................................................SB 13 Alcohol and drug safety course; conditional driver's license requirement; waiver........................................................................................................HB 360 Alcohol and drug safety course; minors; repeal driver's license requirement.........................................................................................................HB 361 Alcoholism and drug abuse; clinical records; release ....................................................HB 793 Billiard rooms; alcoholic beverage sales; delete prohibitions........................................SB 243 Consumption while driving ...............................................................................................HB 414 Consumption while driving...............................................................................................HB 489 Contraband; definitions.....................................................................................................HB 488 Distilled spirits; excise tax; use of proceeds ...................................................................HB 945 Driving under the influence; accidents; serious injuries; penalty...............................HB 496 Driving under the influence; amend provisions...............................................................HB 90 Driving under the influence; arrest; release impounded vehicle.................................HB 146 Driving under the influence; arrests; bail prohibitions..................................................SB 122 Driving under the influence; bail prohibitions...............................................................HB 792 Driving under the influence; bail provisions; blood content........................................HB 118 Driving under the influence; chemical tests; admissibility ........................................HB 1021 Driving under the influence; defensive driving course; fee............................................HB 57 Driving under the influence; driver's license restoration; certain courses; reciprocity...............................................................................................SB 35 Driving under the influence; driver's license; unlawful use; contraband ...............................................................................................................HB 932 Driving under the influence; fines; use of proceeds - CA ............................................HR 296 Driving under the influence; nolo contendere plea; requirements.................................SB 33 Driving under the influence; penalty provisions............................................................HB 706 Driving under the influence; second driver's license suspension; alcohol education program...............................................................................................SB 29 Driving under the influence; suspended driver's license; certain conviction; probation........................................................................................HB 359 Driving under the influence; Uniform Rules of the Road; amend provisions ............................................................................................................HB 571 Excise tax.............................................................................................................................HB 463 Excise tax.............................................................................................................................HB 564 Farm wineries; sales regulations.......................................................................................HB 567 Refer to numerical index for page numbers 2474 INDEX ALCOHOLIC BEVERAGES AND ALCOHOLISM (Continued) Farm wineries; yearly production; regulations...............................................................HB 566 Identification; requirement for purchasing.......................................................................HB 20 Pedestrians under the influence; amend traffic regulations........................................HB 117 Prohibit certain conduct on premises where sold..........................................................HB 291 Prohibit sales; certain stores.............................................................................................HB 140 Providing to underage persons; penalty..........................................................................HB 142 Retail dealers; prohibit minors on premises...................................................................HB 317 Sales by drink; prohibit removal from premises............................................................HB 223 Sales by drink; prohibit special prices............................................................................HB 195 Sales by drink; prohibit special prices .............................................................................SB 258 Sales on election day; local referendum..........................................................................HB 247 Sales on election day; repeal prohibitions .........................................................................SB 70 Sales to underage persons; notification to Revenue Department...............................HB 558 Sunday sales; certain municipalities ................................................................................HB 583 Underage buyer; arrest by retailer...................................................................................HB 936 ALIMONY AND CHILD SUPPORT Alimony; modify judgment.................................................................................................SB 211 Alimony; revise provisions.................................................................................................HB 428 Child or spousal support; garnishment...........................................................................HB 155 ALPHARETTA, CITY OF; corporate limits.................................................................HB 852 AMBULANCES (See Emergencies and Emergency Services) AMENDMENTS TO THE CONSTITUTION (See Constitutional Amendments) AMERICAN MEDICAL DIRECTORS ASSOCIATION; commend...................HR 308 AMUSEMENTS; Ride Safety Act; enact.........................................................................SB 102 ANDERSON, DAVID CLIFTON; condolences............................................................SR 208 ANDERSON, HONORABLE L.C. "COLONEL"; honor.........................................HR 432 ANDERSON, VIRGINIA TATE; condolences ............................................................HR 149 ANIMALS Crimes and offenses; baiting an animal..........................................................................HB 934 Dog theft; provide offense...................................................................................................HB 71 Equine; regulate stables.....................................................................................................HB 253 Game and Fish; raccoon, bobcat, and fox; bag limits...................................................HB 124 Litter control; poultry feathers.........................................................................................HB 389 Livestock; transporting into state; prohibitions.............................................................HB 650 Owner's liability for damages..........................................................................................HB 1043 Owner's liability for injuries ................................................................................................SB 16 Rabies inoculation; cats...................................................................................................HB 1114 Rabies inoculation; felines...................................................................................................HB 42 Raccoon dealers; license fees.............................................................................................HB 846 Wild animal business; license fees...................................................................................HB 306 ANNEXATION Additional method..............................................................................................................HB 410 Fulton and DeKalb Counties; certain areas; population classification......................HB 820 Municipal corporations......................................................................................................HB 121 100% of landowners............................................................................................................SB 150 APPEAL AND ERROR Death penalty; eliminate...................................................................................................HB 390 New trials; judge give reason for granting......................................................................HB 183 Superior court; term for trial.............................................................................................SB 183 Refer to numerical index for page numbers INDEX 2475 APPLING COUNTY SHOW CHOIR; commend .......................................................HR 134 APPROPRIATIONS AND FISCAL AFFAIRS Balanced budget; amendment to U.S. Constitution; urge support.............................HR 271 Federal Medicaid expenditures; urge rejection of proposal to cap growth...................................................................................................................HR 389 Fiscal Note Act; delete retirement bill provisions.........................................................HB 228 General appropriations; FY 1985-86................................................................................HB 226 General revenue-sharing program; urge continuation...................................................HR 394 Georgia Building Authority; definition of project.........................................................HB 587 Legislative branch; appropriations...................................................................................HB 151 Legislative Services Committee; construction, maintenance, renovation, and furnishing of certain areas; amend provisions ...............................HB 776 Nonfiscal retirement bills; introduction; amend provisions.........................................HB 282 Supplemental appropriations; FY 1984-85 .........................................................................HB 1 Supplemental appropriations; FY 1984-85 .........................................................................HB 4 Supplemental appropriations; FY 1984-85 .....................................................................HB 475 ARCHEOLOGY Underwater archeology ......................................................................................................HB 277 Underwater salvage and archeology; certain items; state property ............................HB 326 ARMSTRONG STATE COLLEGE VOCAL CHAMBER ENSEMBLE Commend............................................................................................................................ HR 420 ARNOLD, JIM; commend .................................................................................................HR 382 ARTS Georgia Citizens for the Arts; commend.........................................................................HR 117 New York Metropolitan Opera; commend......................................................................HR 356 Youth Art Month in Georgia; relative to........................................................................HR 249 ASHBURN, CITY OF; industrial development tax; extend Constitutional Amendment..................................................................................HB 621 ASKEW, CHIEF WILLIE; commend.............................................................................HR 161 ATHENS, CITY OF Athens-Clarice County Industrial Development Authority; extend Constitutional Amendment..............................................................................HB 562 Athens-Clarke County; school system; extend Constitutional Amendment..............HB 670 County and municipal jail; incur debt for building - CA...............................................HR 14 ATHLETIC TRAINERS; licensing.................................................................................HB 643 ATLANTA "BLUE-TEAM" OF NATIONAL SURVIVAL GAME Commend members........................................................................................................... HR 254 ATLANTA, CITY OF Atlanta-Fulton County Recreation Authority; change provisions...............................HB 825 Atlanta-Fulton County Recreation Authority; provisions............................................HB 497 Charter Review Study Committee; create ......................................................................HR 122 Library services; ad valorem tax ......................................................................................HB 915 Park improvement levy......................................................................................................HB 634 Redevelopment powers ......................................................................................................HB 957 Urban Residential Finance Authorities; amend provisions..........................................HB 640 ATTORNEYS Child custody actions; fees..................................................................................................HB 11 Driving under the influence; nolo contendere plea; requirements.................................SB 33 Georgia Magistrate Courts Training Council Act; certain magistrates; exemption ..................................................................................................HB 653 Refer to numerical index for page numbers 2476 INDEX ATTORNEYS (Continued) Magistrates; practice in own court; restrictions.............................................................HB 651 State government; legal proceedings and hearings; certain fees .................................HB 470 Torts; structured settlements and awards; recommend ...............................................HR 189 AUCTIONEERS; nonresidents; licensing........................................................................HB 847 AUGUSTA, CITY OF Council; membership; election, term, and quorum .......................................................HB 821 Employees' Retirement; part-time eniployees................................................................HB 415 AUGUSTA JUDICIAL CIRCUIT; add judge.............................................................HB 182 AUSTELL, CITY OF; corporate limits.........................................................,.................HB 913 AUTHORITIES Agricultural Exposition Authority; create.......................................................................HB 271 Agricultural Exposition Authority Overview Committee; create ................................HB 254 Counties and municipalities; water or sewage facilities; finance through Georgia Development Authority - CA..........................................................HR 363 Development authorities; alternative living home.........................................................HB 192 Development authorities; office building facilities; description ................................HB 1007 Georgia Correctional Industries Authority; create ........................................................HB 490 Hospital authorities; audit certain information report.................................................HB 347 Hospital authorities; terms..............................................................................................HB 1023 Hospital authorities; two local governments; membership ..........................................HB 641 Housing authorities; number of commissioners .............................................................HB 243 Income tax; motor carrier operating authorities............................................................HB 718 Industrial Authority; revenue bonds, notes, or other obligations; issuance ........................................................................................................SB 269 Rail Passenger Authority; create......................................................................................HB 172 Residential Finance Authority; bonds and notes; certain limits..............,..................HB 502 Residential Finance Authority; credit unions ................................................................HB 372 AVIATION Airports; municipal territory; ad valorem tax................................................................HB 632 Fire department; definition...............................................................................................HB 638 Firefighters; qualifications.................................................................................................HB 885 House Hartsfield International Airport Noise Study Commission; create ..................................................................................................................................HR 76 AVONDALE ESTATES, CITY OF; commend ...........................................................HR 407 B "BACH AROUND THE CLOCK DAY"; recognize March 23, 1985.......................HR 343 BACON COUNTY Board of education; compensation...................................................................................HB 868 Board of education; nonpartisan election .......................................................................HB 881 State court; abolish.............................................................................................................HB 115 BACONTON, CITY OF; composition of governing authority.....................................HB 678 BAIL Appearance bonds; minimum assets of sureties ..........................................................HB 1110 Controlled substances; court jurisdiction...........................................................................SB 86 Refer to numerical index for page numbers INDEX 2477 BAIL (Continued) Criminal procedure; appearance bonds; forfeiture ........................................................HB 602 Criminal procedure; arrest; probable cause hearing......................................................HB 669 Criminal procedure; bond; conditional release from liability ......................................HB 748 Driving under the influence; arrests; bail prohibitions..................................................SB 122 Driving under the influence; bail prohibitions...............................................................HB 792 Driving under the influence; bail provisions; blood content........................................HB 118 Magistrate courts; cash bonds; certain violations...........................................................SB 123 BAINBRIDGE, CITY OF Aldermen..............................................................................................................................HB 842 Decatur County-Bainbridge Industrial Development Authority; extend Constitutional Amendment ..............................................................................HB 701 Downtown Bainbridge Development Authority; extend Constitutional Amendment...........................................................................................HB 702 BALDWIN COUNTY Ad valorem tax; exemption ................................................................................................SB 116 Board of commissioners; compensate ................................................................................HR 51 Convey property ......................................................................................................................SR 4 Convey property to General Telephone Company .............................................................SR 9 Probate judge; compensation...............................................................................................SB 40 State court; judge and solicitor .........................................................................................SB 178 Superior court clerk; compensation....................................................................................SB 39 Tax commissioner; compensation........................................................................................SB 41 BALLOU, L. DENNIS; commend ...................................................................................HR 259 BANKING AND FINANCE Abandoned property; claims; time for filing ...................................................................SB 140 African Development Bank; certain investments ...........................................................SB 144 African Development Bank; investments..........................................................................HB 82 Bank holding companies; out-of-state banks; acquisition..........................................HB 1134 Bank holding companies; regulations; non-Georgia banks; representative offices.......................................................................................................SB 136 Bank holding companies; subsidiaries; acquire branch banking..................................SB 216 Branch banking; limited purpose bank; define..............................................................HB 279 Branch banking; metropolitan statistical area; define.....................................................SB 65 Civil practice; action on behalf of infant; bond..............................................................SB 234 Commercial Code; definition of bank..............................................................................HB 375 Commercial Code; financing statement; maturity date ................................................HB 712 Credit unions; classes of shares ........................................................................................HB 374 Credit unions; secure funds...............................................................................................HB 648 Electronic banking; checks and money orders................................................................SB 138 Estates; intestacy; deposit money ......................................................................................HB 61 Fiduciaries; certain investments........................................................................................SB 112 Financial institutions; certain orders; compliance..........................................................SB 137 Financial institutions; counties and municipalities; occupation tax...........................HB 649 Financial institutions; court orders; response time .......................................................HB 173 Gifts to Minors Act; definition of financial institutions ..............................................HB 373 Industrial Loan Act; certain colleges and universities; exemption .............................HB 437 Insurance Premium Finance Company Act; amend provisions.................................HB 1112 Intangible personal property; ad valorem tax exemption ............................................HB 922 Interstate banking; include Arkansas ..............................................................................HB 724 Judgments; interest and usury .......................................................................................HB 1120 Local governments; revenue bonds; investment of proceeds ........................................SB 262 Mortgage Loan Company and Loan Broker Act; enact................................................HB 875 Residential Finance Authority; credit unions ................................................................HB 372 Retail installment contracts; time price differential.....................................................HB 242 Refer to numerical index for page numbers 2478 INDEX BANKING AND FINANCE (Continued) Retail Installment and Home Solicitation Sales Act; certain colleges and universities; exemption ............................................................................HB 438 Retirement funds; South African institutions; investments........................................HB 348 State funds; South African institutions; investments ...................................................HB 349 BANKS COUNTY Board of commissioners; compensation......,..................................................................HB 1061 Tax commissioners; compensation.................................................................................HB 1044 BARBER, HONORABLE MAC; relative to.......,.........................................................HR 339 BARBERS Barbershops; employ certain persons; licensing.............................................................HB 679 Barbershops; nursing home services.................................................................................SB 139 BARKER, JENNY; commend ............................................................................................HR 28 BARKSDALE ELEMENTARY SCHOOL; commend..............................................HR 250 BARNESVILLE ACADEMY WARRIORS FOOTBALL TEAM; commend ....HR 307 BARRETT, ERNEST; commend .....................................................................................HR 436 BARROW, HONORABLE JOHN C.; commend .........................................................HR 136 BARRY, MICHAEL; commend..........................................................................................HR 29 BARTOW COUNTY Certain officials; compensation.........................................................................................HB 533 Chief magistrate; compensation .......................................................................................HB 537 Commissioner; compensation............................................................................................HB 535 Convey property....................................................................................................................SR 41 Tax commissioner; compensation.....................................................................................HB 536 BAXLEY, CITY OF; council; composition and election...............................................HB 943 BENTLEY, CAMILLE; Miss Georgia 1984; congratulate ...........................................HR 211 BENTLEY, WILLIE B.; commend .................................................................................HR 354 BEER (See Alcoholic Beverages and Alcoholism) BERRIEN COUNTY Airport authority; establish...............................................................................................HB 482 Convey property..................................................................................................................HR 219 Magistrate court; chief magistrate ...................................................................................HB 392 BERRY COLLEGE College Bowl Team; commend..........................................................................................HR 370 Lady Vikings Basketball Team; commend .....................................................................HR 386 BETHUNE, MARY MCLEOD; commend....................................................................HR 255 BIBB COUNTY Board of education; compensation.................................................................................HB 1113 Macon-Bibb County; consolidated government; provide..............................................HB 734 Macon-Bibb County Industrial Authority; add member..............................................HB 553 Macon-Bibb County Water and Sewerage Authority; amend Act............................HB 1068 Macon-Bibb County Water and Sewerage Authority; certain projects....................HB 1072 BILLIARDS ROOMS; delete alcoholic beverage prohibitions....................................SB 243 BLACK, KATRINA; commend ........................................................................................HR 365 Refer to numerical index for page numbers INDEX 2479 BLAIRSVILLE, CITY OF; amend Act reincorporating .............................................HB 844 BLANKENSHIP, LEWIS CARROLL; commend......................................................HR 385 BLATT, MICHAEL; commend ........................................................................................HR 353 BLECKLEY COUNTY; board of commissioners; create.............................................HB 971 BLIND PERSONS; insurance coverage; certain prohibitions......................................SB 204 BLOOMINGDALE, CITY OF; election of vice mayor ................................................SB 254 BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Center for Rehabilitation Technology Study Committee; create................................HR 167 DeKalb Junior College; acquisition .................................................................................HR 218 Crawford, Chancellor Vernon; commend .........................................................................HR 127 Eminent Scholars Endowment Trust Fund; create.......................................................HB 919 Employees; serve on certain board ....................................................................................HB 31 Members'terms - CA.........................................................................................................HR 280 University System Laboratory, Equipment, and Eminent Scholars Endowment Study Committee; create...........................................................................HR 98 BOATS; purchase by nonresidents; sales tax exemption................................................HB 884 BOILERS AND PRESSURE VESSELS; safety rules.................................................SB 14 BONDS Appearance bonds; minimum assets of sureties ..........................................................HB 1110 Civil practice; action on behalf of infant; bond..............................................................SB 234 Credit unions; secure funds...............................................................................................HB 648 Criminal procedure; appearance bonds; forfeiture ........................................................HB 602 Criminal procedure; arrest; probable cause hearing......................................................HB 669 Criminal procedure; conditional release from liability .................................................HB 748 Driving under the influence; bail provisions; blood content........................................HB 118 Industrial Authority; revenue bonds, notes, or other obligations; issuance........................................................................................................SB 269 Local governments; allocation.............................................................................................HB 95 Local governments; revenue bonds; investment of proceeds ........................................SB 262 Magistrate courts; cash bonds; certain violations...........................................................SB 123 Proprietary schools; amend provisions............................................................................HB 709 Public utilities; temporary rate increase appeals...........................................................HB 723 Residential Finance Authority; bonds and notes; certain limits.................................HB 502 Surface mining; ownership change; maximum .................................................................HB 25 Surplus lines insurance ........................................................................................................HB 56 Warehouse licenses; expiration date.................................................................................SB 159 BONEY, ROBERT S.; commend .....................................................................................HR 176 BOUNDARIES; coordinate system; amend provisions ..................................................SB 220 BOWDON, CITY OF; homestead exemption; extend Constitutional Amendment...............................................................................................HB 871 BOWEN, LINKA;commend................................................................................................HR 30 BOXING; State Boxing and Wrestling Commission; create ............................................HB 39 BOY SCOUTS OF AMERICA; recognize on 75th Anniversary................................HR 173 BOYKIN, JULIA S.; compensate....................................................................................HR 229 BRANTLEY COUNTY Certain officers; galaries...................................................................................................HB 1020 Refer to numerical index for page numbers 2480 INDEX BRANTLEY COUNTY (Continued) Commissioners; compensation....................................................,.....................................HB 882 Convey property ..................................................................................................................SR 168 BREWSTER, HONORABLE PHIL; commend...........................................................HR 419 BRIDGES Archie L. Lindsey Memorial Bridge; designate ................................,..............................HR 21 Captain William Cone Bridge; designate........................................................................HR 236 Charlie Kendrick Memorial Bridge; designate...............................................................HR 200 Colonel Mancel Newman Bridge; designate...................................................................HR 330 Doctors Floyd Bridge; designate ......................................................................................HR 235 Horace "Gus" Layson Memorial Bridge; designate ...........................................................SR 6 I. M. Peeples Memorial Bridge; designate......................................................................HR 165 I. M. Peeples Memorial Bridge; designate.........................................................................SR 33 Richard B. Neville Memorial Bridge; designate ............................................................HR 174 Walter A. Scott Memorial Bridge; designate ...................................................................HR 24 BRISCOE, T.W. "TOM"; condolences.............................................................................HR 142 BROOKS COUNTY Commissioners; compensation..........................................................................................HB 297 Coroner; compensation.......................................................................................................HB 298 Coroner; repeal compensation provisions........................................................................HB 299 BROOKS, JOHN J. "BILL"; commend.........................................................................HR 399 BROOKS, SYBIL A; compensate....................................................................................HR 104 BROWN, DR. CLAUD L.; recognize.................................................................................HR 64 BROWN, HONORABLE JOE E.; commend ................................................................HR 322 BRUNER, WILLIAM G. "BILL"; commend ...............................................................HR 381 BRUNSWICK, CITY OF Brunswick-Glynn County Charter Commission; extension..........................................HB 420 Glynn County-Brunswick; charter commission; extend Constitutional Amendment...........................................................................................HB 419 Property conveyance; certain counties; municipalities ...................................................HR 91 State Port Facilities Accident Study Committee; create ...............................................HR 10 BRYAN COUNTY License fees; unincorporated area.........................,..........................................................HB 931 License fees; unincorporated area.....................................................................................SB 255 BUDGET (See Appropriations and Fiscal Affairs) BUILDINGS AND HOUSING Ad valorem tax; mobile homes; designation...................................................................HB 914 Development authorities; office building facilities; description ................................HB 1007 Elevators or escalators; date of inspections.......................................................................SB 15 Handicapped persons; access to public buildings.............................................................SB 20 Handicapped persons; access to public facilities; certain exemptions.......................................................................................................................HB 685 Handicapped persons; public facilities ............................................................................HB 506 Housing authorities; number of commissioners.............................................................HB 243 Housing Needs Study Committee; create .........................................................................HR 96 Landmark museum buildings; definition ........................................................................HB 368 Motor carriers; exclusion; mobile homes or manufactured housing ...........................HB 610 Public housing; fraudulently obtaining; penalty..............................................................HB 30 Residential Finance Authority; bonds and notes; certain limits .................................HB 502 Refer to numerical index for page numbers INDEX 2481 BUILDINGS AND HOUSING (Continued) Residential Finance Authority; credit unions ................................................................HB 372 State Housing Activities Study Committee; create.........................................................HR 72 Street address; display numbers.........................................................................................HB 16 BURKE COUNTY; board of education; elections .......................................................HB 1028 BURNETT, ROBERT ADAIR; commend....................................................................HR 289 BURNS, DAVID M; compensate .......................................................................................HR 99 BURNS, SHEILA AND KENNETH A.; compensate ...............................................HR 197 BURTZ, MICHAEL G.; commend...................................................................................HR 283 BUSINESS AND OCCUPATION TAX Counties; certain levy.........................................................................................................HB 477 Financial institutions; counties and municipalities .......................................................HB 649 Restrictions..........................................................................................................................HB 154 BUTTS COUNTY Board of commissioners.....................................................................................................HB 948 Magistrate court; chief magistrate ...................................................................................HB 532 Magistrate court; law library fees ....................................................................................HB 988 BYROMVILLE, TOWN OF; new charter.......................................................................SB 284 CAIRO, CITY OF Development Authority; extend Constitutional Amendment......................................HB 508 Recorder's court; change name.........................................................................................HB 905 CALHOUN, CITY OF; convey property............................................................................SR 50 CALHOUN COUNTY; commissioners; chairman's compensation ..............................SB 179 CAMDEN COUNTY; convey property ..............................................................................SR 27 CAMILLA, CITY OF; Downtown Development Authority; extend Constitutional Amendment..................................................................................HB 989 CANDIDATES Campaign funds; prohibit personal use...........................................................................HB 575 Campaign literature costs; prohibition............................................................................HB 194 Campaigns; persons receiving certain compensation; prohibit activities............................................................................................................HB 717 Elections; amend provisions................................................................................................HB 97 Elections; party nominations; filling vacancies ..............................................................HB 822 Elections; straight party ballots; amend provisions ......................................................HB 939 General Assembly; financial disclosure.......................................................................... HB 150 Incumbent; indicate on ballot...........................................................................................HB 379 Lists; time for posting........................................................................................................HB 440 Nonpartisan primary; separate ballot..............................................................................HB 441 Public officials; employment and financial disclosure form; file ................................HB 492 Run-off primaries; number of polling places..................................................................HB 188 United States Representative or Senator; registered voter............................................HR 54 Unopposed candidates; omit names from ballot............................................................HB 439 Refer to numerical index for page numbers 2482 INDEX CANDLER COUNTY Board of commissioners...................................................................................................HB 1031 Chief magistrate and magistrate; appointment..............................................................HB 902 School taxes; collection costs ............................................................................................HB 901 State court; revise provisions ............................................................................................HB 900 CAPITAL PUNISHMENT Date of execution................................................................................................................HB 248 Date of imposition ..............................................................................................................HB 159 Eliminate..............................................................................................................................HB 390 Executions; televise ............................................................................................................HB 891 Lethal injection ...................................................................................................................HB 848 Moratorium............................................................................................................................HR 87 Reprieves, pardons; General Assembly provide by law - CA.......................................HR 444 CARROLL COUNTY Board of education; election .............................................................................................HB 964 Government Authority Study Commission; create......................................................HB 1004 Government Authority Study Commission; create........................................................HR 312 Property conveyance; certain counties; municipalities ...................................................HR 91 State Court; compensation; judge and solicitor .............................................................HB 791 CARROLLTON, CITY OF Board of education; election .............................................................................................HB 628 Councilmen; election ..........................................................................................................HB 278 Payroll Development Authority; extend Constitutional Amendment ........................HB 760 Property conveyance; certain counties; municipalities ...................................................HR 91 CARTER, BOBBIE; compensate......................................................................................HR 204 CARTER, FRANK L.; commend .....................................................................................HR 182 CATOOSA COUNTY Coroner; salary ..................................................................................................................HB 1094 Development Authority; membership; selection, power, and terms .........................HB 1037 Probate judge; clerical allowance .....................................................................................HB 977 CENTERVILLE, CITY OF; mayor or councilman; qualifications ............................HB 890 CERTIFICATE OF TITLE (See Motor Vehicles and Traffic) CHAMBLEE, CITY OF; mayor and councilmen; terms ................................................HB 44 CHANCELLOR, CHARLOTTE; compensate ..............................................................HR 113 CHAPLAINS, HOUSE OF REPRESENTATIVES Baker, Reverend Rudolph R., Jr..................................................................................Page 1060 Barrett, Dr. Richard E........................................................................................................Page 1 Bozeman, Reverend D. Kirk...........................................................................................Page 951 Brown, Reverend William E.........................................................................................,...Page 45 Coker, Reverend Hoyt R.................................................................................................Page 255 Dyer, Dr. James W.........................................................................................................Page 1823 Edwards, Reverend J. Douglas.......................................................................................Page 290 Flick, Reverend Tom .....................................................................................................Page 1094 Godsey, Dr. R. Kirby.......................................................................................................Page 449 Harp, Reverend Don......................................................................................................Page 1183 Harris, Reverend Frank H............................................................................................Page 1130 Hays, Dr. William......................................................................,......................................Page 920 Huckaby, Reverend Gene..............................................................................................Page 1299 Hulgan, Reverend Henry.................................................................................................Page 168 Jackson, Reverend James P..........................................................................................Page 1543 Refer to numerical index for page numbers INDEX 2483 CHAPLAINS, HOUSE OF REPRESENTATIVES (Continued) Jones, Dr. Peter Rhea......................................................................................................Page 290 Killingsworth, Reverend Teriy.....................................................................................Page 2044 Kimbrough, Reverend Walter L..................................................................................Page 1947 Kinchen, Reverend George H., Jr................................................................................Page 1361 Lamb, Reverend Buddy...................................................................................................Page 610 Lankford, Reverend Richard B....................................................................................Page 1878 Long, Dr. Nat H...............................................................................................................Page 567 Matthews, Reverend David H........................................................................................Page 648 Moon, Dr. J. Robert, Jr.................................................................................................Page 1029 Price, Reverend Nelson L.............................................................................................Page 1623 Ray, Dr. James..................................................................................................................Page 412 Samlan, Rabbi Arnold D.................................................................................................Page 290 Sapp, Dr. W. David..........................................................................................................Page 228 Stephens, Reverend B. Wiley.........................................................................................Page 701 Sweetser, Reverend Terry ...............................................................................................Page 872 Tenney, Reverend Floyd...................................................................................................Page 54 Varnell, Reverend Richard F., Sr..................................................................................Page 191 Wallis, Reverend J. W.....................................................................................................Page 997 Watters, Reverend Danny.............................................................................................Page 2200 Woody, Dr. H. Ray.........................................................................................................Page 1453 York, Reverend David B...............................................................................................Page 1706 CHARITIES Income tax credit; contributions to certain educational organizations ......................HB 830 Lotteries; charitable organizations; provide - CA............................................................HR 19 CHATHAM COUNTY Chatham County and City of Savannah; Taxation of Restored Historical Homes Study Committee; create.................................................................HR 13 Chatham County-Savannah; board of education; election.........................................HB 1119 Convey property to Rita Shinall......................................................................................HR 275 Grant easement to Savannah...............................................................................................SR 52 Hospital Authority; membership; prohibitions ............................................................HB 1008 Magistrate court; judge.......................................................................................................SB 246 Property conveyance; certain counties; municipalities ...................................................HR 91 Recorder's court; extend Constitutional Amendment...................................................HB 626 Recorder's court; extend Constitutional Amendment...................................................HB 627 Recorder's court; judges' compensation ..........................................................................HB 967 Savannah-Chatham County; board of education; commend..........................................HR 63 State court cost deposits; repeal ......................................................................................HB 737 State court; filing fees........................................................................................................HB 997 State court judges; compensation.....................................................................................HB 991 Superior court clerk and sheriff; compensation.............................................................HB 799 CHATSWORTH, CITY OF; mayor and aldermen; election .......................................HB 697 CHATTOOGA COUNTY Board of education; compensation.................................................................................HB 1000 Local option tax; proceeds to Trion School District; extend Constitutional Amendment ...........................................................................................HB 999 State court judge and solicitor; compensation ...............................................................HB 998 CHECKS (See Banking and Finance or Financial Institutions) CHEROKEE COUNTY Board of commissioners; elections .................................................................................HB 1005 Cherokee and Forsyth Counties; state court; terms......................................................HB 563 License fees; unincorporated area....................................................................................HB 616 Refer to numerical index for page numbers 2484 INDEX CHEROKEE JUDICIAL CIRCUIT District attorney; investigator...........................................................................................HB 637 Judges; salary supplement....................................................,............................................HB 635 CHESTNUTT, LORINDA; commend............................................................................HR 316 CHILD ABUSE Admissible evidence .............................................................................................................HB 18 Admissible evidence ...........................................................................................................HB 292 Child Abuse Action Fund; establish ..............................................................................HB 1107 Child Abuse Study Committee; create ..............................................................................HR 69 Evidence; confidentiality ...................................................................................................HB 383 Reporting requirements ...............................................................................................--.HB 1092 Sexual offenses; victims 14 years of age or under; testimony...,....................................HB 27 CHILD CUSTODY (Also, see Domestic Relations or Parent and Child) Age of child to select parent..................................-....-.........................-...........----...HB 315 Court actions; attorney's fees.........................................--.....----.....----........--.................HB 11 Court jurisdiction................................................................................................................HB 499 Home investigations; contested cases..............................................................................HB 444 Interference with custody; penalty..................................................................................HB 500 Interviews with child.--.....................--....----.,--..--..........................................................HB 445 Parental agreement.................................................................----.....................................HB 377 Parental rights; termination--...........................................................................................HB 175 Rights of child; age.............................................................................................................HB 246 Shared parental responsibility................----..--...............................................................HB 424 Shared parental responsibility--.----.--..--....................................................... ,...HB 699 CHILDS, STEVEN; commend.........................................................--.----...................HR 31 CHIPMAN-UNION, INC.; commend.............................................................................HR 270 CHIROPRACTORS Chiropractic profession; relative to.................................................................................. HR 440 Chiropractic schools and colleges; accreditation; amend provisions..----................HB 800 Scope of practice.........................----.--..----.------..------..............................................HB 156 CHUBBS, CHIEF DEPUTY EDDIE; commend........................................................HR 158 CIGARS AND CIGARETTES; cigar tax; rate...........................................................HB 775 CITY COURTS (See Courts or Municipalities) CITY OF ISLANDS, CITY OF; incorporate--.......-....--------..............................HB 906 CIVIL PRACTICE Action on behalf of infant; bond.............--....----.----..--------.................................SB 234 Alias tax executions; issuance...........................................................................................HB 307 Computation of time.--..........--..--..--..----....----....--........--....----............................SB 169 Consolidation of actions..........................----.............----....----..................................... HB 631 Death penalty; eliminate....................,..................................----.....................................HB 390 Discovery.......................................................................................................----................HB 211 Habeas corpus; judge hold proceeding at institution.......................................................SB 90 Improvements to certain residential structures; recovery for deficiency.......................................................................----------------................ HB 738 Judgment by default.................................................................................----.----------SB 101 Juries; charges and instructions in writing--...............--.----.................................... HB 1047 Legal advertisements; rates..................................................................................................SB 78 Magistrate courts; postjudgment discovery........................----..----............................... SB 87 Medical malpractice; limitation of actions......................................................................SB 170 Order of cases for trial; elderly.......-......----..........----............----...............................SB 173 Refer to numerical index for page numbers INDEX 2485 CIVIL PRACTICE (Continued) Prisoners; civil actions; certain forms................................................................................HB 92 Renewal of case after dismissal ........................................................................................HB 789 State Board of Education; attendance at meetings; continuances or postponements....................................................................................HB 584 Time for filing; limitation ....................................................................................................SB 17 Uniform Enforcement of Foreign Judgments Law; enact.............................................SB 164 Voluntary dismissal ............................................................................................................HB 630 CLAIMS ADVISORY BOARD; processing certain claims........................................HB 257 CLARKE CENTRAL HIGH SCHOOL FOOTBALL TEAM; commend ............HR 195 CLARKE COUNTY Athens-Clarke County Industrial Development Authority; extend Constitutional Amendment ...........................................................................................HB 562 Athens-Clarke County; school system; extend Constitutional Amendment..............HB 670 Commissioners; compensation ..........................................................................................HB 880 CLARKESVILLE, CITY OF Ad valorem tax exemption; elderly; extend Constitutional Amendment...................HB 803 Bonds for housing of elderly; extend Constitutional Amendment..............................HB 804 Certain election; change date..........................................................................................HB 1076 Industrial Building Authority; extend Constitutional Amendment............................HB 805 CLAYTON COUNTY Civil service board; compensation..................................................................................HB 1017 Clayton Judicial Circuit; court reporters; compensation............................................HB 1062 Clayton Judicial Circuit; district attorney; supplement .............................................HB 1014 Clayton Judicial Circuit; superior court judges; supplement.....................................HB 1012 Commissioners; compensation........................................................................................HB 1010 Coroner; compensation.....................................................................................................HB 1018 Juvenile court judge; compensation...............................................................................HB 1064 Magistrates; bond.............................................................................................................HB 1063 Probate judge; compensation ..........................................................................................HB 1015 Sheriff and superior court clerk; compensation...........................................................HB 1016 State court judges; compensation...................................................................................HB 1013 State court solicitor; compensation................................................................................HB 1011 State court; deposits.........................................................................................................HB 1065 Tax commissioner; compensation...................................................................................HB 1019 CLAYTON JUDICIAL CIRCUIT Court reporters; compensation .......................................................................................HB 1062 District attorney; supplement.........................................................................................HB 1014 Judges; supplement ..........................................................................................................HB 1012 CLERKS, SUPERIOR COURT Liens; certain information....................................................................................................SB 66 Minimum salaries ...............................................................................................................HB 711 CLINCH COUNTY Board of commissioners; reapportion..............................................................................HB 742 Board of education; reapportionment .............................................................................HB 970 Commission chairman; compensation limits ..................................................................HB 739 Commissioners; salary limits.............................................................................................HB 740 Education districts; reapportion.......................................................................................HB 741 State court judge and solicitor; salary limits..................................................................HB 744 Tax commissioner; salary limits .......................................................................................HB 743 CLINICAL LABORATORIES Clinical laboratory technicians; function under certain supervision ..........................HB 904 Refer to numerical index for page numbers 2486 INDEX CLINICAL LABORATORIES (Continued) Driving under the influence; chemical tests; admissibility........................................HB 1021 Sales tax exemption; machinery and equipment; research ..........................................HB 810 COBB COUNTY Board of education; compensation....................................................................................SB 230 Board of elections; create ..................................................................................................HB 623 Certain state court officers; compensation ...................................................................HB 1051 Cobb Judicial Circuit; judges' retirement; certain expenses.........................................SB 285 Commissioners; compensation ...........................................................................................SB 274 Community improvement districts ...................................................................................SB 237 Community School Program; commend..........................................................................HR 184 Convey property..................................................................................................................HR 178 Probate judge and clerk; compensation ...........................................................................SB 276 Sheriffs chief deputy; salary .............................................................................................SB 226 State court clerk; bond ......................................................................................................HB 941 State court judge; compensation ......................................................................................HB 965 Tax commissioner; compensation......................................................................................SB 275 COBB JUDICIAL CIRCUIT Investigators; compensation..............................................................................................HB 837 Judges' retirement; certain expenses................................................................................SB 285 CODE OF GEORGIA Codification..........................................................................................................................HB 161 Corrections.............................................................................................................................HB 93 Elections; corrections .........................................................................................................HB 163 Publication...........................................................................................................................HB 162 Retirement; corrections......................................................................................................HB 164 COILE, LAUREN M.; recognize ........................................................................................HR 65 COLLEGE PARK, CITY OF Ad valorem tax; modifications........................................................................................HB 1052 Homestead exemption; increase .....................................................................................HB 1053 COLLEGES DeKalb Junior College; acquisition by University System of Georgia.......................HR 218 Elections; voter registration; residence requirement...................................................HB 1074 Eminent Scholars Endowment Trust Fund; create.......................................................HB 919 Emory University; special license plates; sesquicentennial founding.........................HB 235 Georgia Tech Football Team; invite to House.................................................................HR 93 Grants and loans; draft registration requirement..........................................................HB 969 Highways; University of Georgia; erect directional sign...............................................HR 238 Industrial Loan Act; certain colleges and universities; exemption .............................HB 437 Osteopathic colleges; grants for attendance ....................................................................SB 185 Postsecondary Educational Authorization Act; fine arts colleges; exemption.........................................................................................................................HB 725 Proprietary schools; amend provisions ............................................................................HB 709 Proprietary schools; certain institutions; student incentive grants ............................HB 732 Retail Installment and Home Solicitation Sales Act; certain colleges and universities; exemption............................................................................HB 438 Toombs Oak; University of Georgia campus; historical marker .................................HR 199 Tuition equalization grants; private colleges and universities; remove limitation............................................................................................................HB 794 University of Georgia; recognize on 200th Anniversary .................................................HR 60 University System Laboratory, Equipment, and Eminent Scholars Endowment Study Committee; create...........................................................................HR 98 COLLINS, CITY OF; mayor; term..................................................................................HB 613 Refer to numerical index for page numbers INDEX 2487 COLQUITT COUNTY Board of education and superintendent; extend Constitutional Amendment .....................................................................................................................HB 855 Commissioners; elections ...................................................................................................HB 983 License fees; extend Constitutional Amendment..........................................................HB 982 Moultrie-Colquitt County Development Authority; extend Constitutional Amendment ...........................................................................................HB 854 State court judge and solicitor; compensation ...............................................................HB 817 COLQUITT, KYLE; commend ...........................................................................................HR 32 COLUMBIA COUNTY; commissioners; compensation .............................................HB 1038 COLUMBUS, CITY OF Airport Commission; extend Constitutional Amendment ............................................HB 514 Amend charter.....................................................................................................................HB 519 Building Authority; extend Constitutional Amendment ..............................................HB 515 Certain bonds; extend Constitutional Amendment.......................................................HB 520 Charter Review Commission; extend Constitutional Amendment..............................HB 529 Columbus-Muscogee County Port Development Commission; extend Constitutional Amendment ...........................................................................................HB 516 Columbus-Muscogee County; consolidation; extend Constitutional Amendment ...........................................................................................HB 518 Columbus-Muscogee County; school district; extend Constitutional Amendment...........................................................................................HB 510 Municipal court...................................................................................................................HB 530 Municipal court judge; compensation..............................................................................HB 807 Property conveyance; certain counties; municipalities ...................................................HR 91 COMMERCE AND TRADE African Development Bank; certain investments ...........................................................SB 144 Automobile warranties; requirement .............................................................................HB 1126 Business opportunities; purchaser's cancellation...........................................................HB 371 Deceptive practices; unfair to bill for goods not delivered ........................................HB 1124 Deceptive practices; violation of federal odometer rules..............................................HB 448 Fair Business Practices; copies of pleadings ...................................................................SB 130 Gasoline marketing practices; Below Cost Sales Act.....................................................SB 108 Gasoline marketing practices; retail sales.......................................................................HB 449 Health spa; amend Fair Business Practices Act............................................................HB 370 Health spas; bond...............................................................................................................HB 406 Lease-purchase installment contracts; regulate.............................................................HB 378 Motor Vehicle Sales Finance; charges.............................................................................HB 452 Retail Installment and Home Solicitation Sales Act; certain colleges and universities; exemption............................................................................HB 438 Retail installment contracts; time price differential.....................................................HB 242 Self-service gasoline retailers; required services ..........................................................HB 1022 State agencies; estimates of supplies and services; availability.................................HB 1135 Trademarks or service marks; counterfeit goods; ex parte seizure .............................HB 924 Trademarks or service marks; wrongful manufacture; penalty ...................................HB 918 Underground storage tanks; registration.........................................................................HB 644 Warehouse licenses; expiration date.................................................................................SB 159 Zell Miller Corporate Conference Center of World Congress Center; designate ..............................................................................................................HR 50 COMMERCIAL CODE Definition of bank ..............................................................................................................HB 375 Financing statement; maturity date................................................................................HB 712 Mechanics' liens; farm equipment ...................................................................................HB 239 Refer to numerical index for page numbers 2488 INDEX COMMISSIONS Agricultural Commodity Commission for Peanuts; membership................................HB 269 Area Planning and Development Commissions; certain members; election............HB 1118 Area Planning and Development Commissions; relative to functions .......................HR 360 Governmental Liability Commission; create ..................................................................HR 171 House Hartsfield International Airport Noise Study Commission; create..................HR 76 Professional Practices Commission; executive director and employees; Merit System...................................................................................................................HB 388 Professional Practices Commission; membership ..........................................................HB 888 State Commission on Legislative Compensation; create ................................................HR 70 COMMITTEES Atlanta Charter Review Study Committee; create........................................................HR 122 Cancer Advisory Committee; terms of membership........................................................HB 13 Center for Rehabilitation Technology Study Committee; create................................HR 167 Changes in the Domicile Insurance Companies Study Committee; create................HR 396 Chatham County and City of Savannah; Taxation of Restored Historical Homes Study Committee; create.................................................................HR 13 Child Abuse Study Committee; create ............................................................................HR 169 Children and Youth Study Committee; create ................................................................HR 89 Corridor Z Highway Name Study Committee; create ...................................................SR 118 Disparity in Sentencing Study Committee; create..........................................................HR 85 Governor's Private Sector Survey Committee on Cost Control in State Government; create .........................................................................................HR 398 Hazardous Materials Emergency Response Advisory Council; create..........................HR 27 Hospital Cost Containment Study Committee; create .................................................HR 362 House Ad Valorem Property Taxation Study Committee; create ..............................HR 325 House Diversion Centers and Halfway Houses Study Committee; create ................HR 329 House Feminization of Poverty Study Committee; create...........................................HR 299 House Land Use Planning Procedures Study Committee; create ..............................HR 332 House Law Enforcement Stress Management Study Committee; create..................HR 277 House Study Committee on District Directors of County Departments of Family and Children's Services; create ..................................................................HR 364 House Student Transportation Safety Study Committee; create...............................HR 240 House Study Committee on Insurance Fraud against Elderly; create .........................HR 12 House Travel Industry Study Committee; create..........................................................HR 326 Housing Needs Study Committee; create .........................................................................HR 96 Joint Drug Classification Study Committee; create........................................................HR 86 Joint House and Senate Utility Franchise Study Committee; create ........................HR 227 Joint Land Use Planning Procedures Study Committee; create ................................HR 239 Joint Public Utility Rate-making Process Study Committee; create...........................HR 71 Joint Public Utility Rate-making Process Study Committee; create............................SR 94 Joint Savannah Transit Authority Study Committee; create........................................HR 53 Joint Small Businesses in Georgia Study Committee; create.........................................SR 17 Joint Study Committee on Superior Court Judgeships; create...................................HR 106 Joint Tandem Trailer Access to Public Roads Study Committee; create ...................HR 74 Joint Urban County and Municipal Study Committee; create .....................................HR 15 Law Enforcement Officer Salary Incentive Study Committee; create .......................HR 301 Local Constitutional Amendments Overview Committee; create................................HR 170 Logging Safety Study Committee; create .......................................................................HR 414 Long Distance Telecommunications Study Committee; create...................................HR 282 Martial Arts Study Committee; create..............................................................................HR 56 Motor Transit Load Limitation Study Committee; create ..........................................HR 328 Notaries Public Study Committee; create ........................................................................HR 16 Rail Abandonment Study Committee; create ................................................................HR 221 Staffing in Mental Health Facilities Joint Study Committee; create .............................SR 8 State Housing Activities Study Committee; create.........................................................HR 72 State Personnel Board; certain committees; review rules .............................................SB 145 Refer to numerical index for page numbers INDEX 2489 COMMITTEES (Continued) State Port Facilities Accident Study Committee; create ...............................................HR 10 Teachers Retirement System Nominating Committee; meetings ...............................HB 294 Teenage and Youth Unemployment Study Committee; create.....................................HR 11 Telephone Harassment Study Committee; create .........................................................HR 334 Uniform Opening Date for School Calendar Year House Study Committee; create ...............................................................................................HR 320 Uniform Opening Date for School Calendar Year Joint Study Committee; create ...............................................................................................HR 233 COMMON CARRIERS AND CONTRACT CARRIERS (See Motor Vehicles and Traffic or Public Utilities and Transportation) COMMUNICATIONS Democratic Caucus Chairman ..........................................................................................Page 30 Gillis, Senator Hugh M., Sr............................................................................................Page 408 Governor ..............................................................................................................................Page 19 Legislative Counsel ........................................................................................Pages 167, 407, 409 Miller, Lieutenant Governor Zell.................................................................Pages 166, 408, 410 Peters, Representative Robert G...................................................................................Page 410 Republican Caucus Chairman ..........................................................................................Page 30 Secretary of State...............................................Pages 1, 203, 562, 593, 916, 1091, 1450, 1876 Speaker of the House......................................................................Pages 23, 166, 288, 408, 410 COMMUNITY AFFAIRS Community care; lead agencies; services..........................................................................SB 233 Developmentally disabled persons; habilitation ............................................................HB 873 COMPENSATION OF STATE OFFICIALS Certain officials...................................................................................................................HB 270 Certain officials...................................................................................................................HB 585 County officials; effective date .........................................................................................HB 625 General Assembly; expenses; reimbursement.................................................................HB 229 General Assembly; salary.....................................................................................................HB 78 COMPENSATION RESOLUTIONS Baldwin County Board of Commissioners; compensate .................................................HR 51 Boykin, Julia S.; compensate ............................................................................................HR 229 Brooks, Sybil A.; compensate ...........................................................................................HR 104 Burns, David M.; compensate.............................................................................................HR 99 Burns, Sheila and Kenneth A.; compensate...................................................................HR 197 Carter, Bobbie; compensate..............................................................................................HR 204 Chancellor, Charlotte; compensate ..................................................................................HR 113 Hamby, Christine Carol; compensate ..............................................................................HR 224 Hammonds, Eddie, Jr.; compensate ..................................................................................HR 22 Keen, Floyd; compensate...................................................................................................HR 119 Smith, lan Scot; compensate ............................................................................................HR 228 COMPUTERS Computer and technical equipment; donation to school; income tax credit..........................................................................................................................HB 351 Contributions to certain educational organizations; income tax credit .....................HB 830 CONDOMINIUMS Real estate brokers and salespersons; amend provisions .............................................HB 314 Time Share Act; public offering statements.....................................................................HB 69 CONE, JIM; commend ........................................................................................................HR 376 CONRAD, TED AND CONRAD, ED; commend .......................................................HR 212 Refer to numerical index for page numbers 2490 INDEX CONSERVATION AND NATURAL RESOURCES Biomass; sales tax exemption ...........................................................................................HB 479 Burning leaves on personal property; restriction...........................................................HB 261 Burning woods, lands, marshes, and other areas; notify forest ranger .........................SB 98 Cave entry; owner's written permission ...........................................................................SB 210 Charles A. Lindbergh; erect historical marker.................................................................HR 20 Coastal Zone Protection Law; provide ..........................................................................HB 1096 Commissioner; delegate authority....................................................................................HB 160 Compensation of certain state officials; amend .............................................................HB 585 Hazardous Materials Emergency Response Advisory Council; create..........................HR 27 Hazardous materials; immunity for certain assistance .................................................HB 153 Hazardous materials; transport by motor carriers; regulations ...................................HB 507 Hazardous materials; transportation of............,..............................................................HB 917 Hazardous materials; transportation of............................................................................SB 214 Hazardous substances; disclosure to employees...........................................................,.HB 206 Hazardous Waste Management Act; amend provisions................................................HB 168 Historic areas; amend provisions; underwater archeology ...........................................HB 277 House Hartsfield International Airport Noise Study Commission; create ..................HR 76 Income tax credits; conservation tillage equipment....................................................HB 1111 Jones, Captain George; commend ....................................................................................HR 164 Logging Safety Study Committee; create .......................................................................HR 414 Municipalities; water or sewage systems; rates, fees, tolls, or charges for services....................................................................................................HB 501 Nongame wildlife programs; establish.............................................................................HB 495 Northeast Georgia Study; including Curry Creek Dam and Lake..............................HR 214 Official State Museum of Natural History; establish ...................................................HR 402 Presidential Library State Park Enabling Law; enact................................................HB 1060 Resource Conservation and Development Program; relative to..................................HR 313 Shore Assistance Act of 1979; amend............................................................................HB 1097 Soil erosion and sedimentation; counties and municipalities; technical assistance...........................................................................................................HB 35 Stone Mountain Memorial Association; membership....................................................SB 205 Stone Mountain Memorial Association; police powers ..................................................SB 133 Surface mining; ownership change; maximum bond.......................................................HB 25 Timber sales; purchaser furnish certain information.....................................,...............SB 232 Underground storage tanks; registration.........................................................................HB 644 Underwater salvage and archeology; certain items; state property............................HB 326 Wastewater treatment plant; definition.............................................................................SB 59 Water Well Standards Act of 1985; amend......................................................................HB 32 CONSTITUTIONAL AMENDMENTS Board of Regents, University System of Georgia; members' terms............................HR 280 Boards of education, election; school superintendents, appointment ........................HR 331 Civil rights; prohibit discrimination because of race, sex, national origin, religion, or ancestry ..............................................................................HR 68 Counties and municipalities; public facilities; voter approval........................................SR 92 Counties and municipalities; short-term debt; taxable property ...................................SR 12 Counties and municipalities; urban enterprise zones ...................................................HR 118 Counties and municipalities; water or sewage facilities; contracts .............................HR 416 County consolidation; remove referendum requirement ..............................................HR 397 County or municipal jail; incur debt for building ...........................................................HR 14 Driving under the influence; prevention, education, and treatment; portion of fine or forfeiture...........................................................................................HR 296 General Assembly provide by law; reprieves, pardons and paroles, commutation of penalties, remission of sentences, and suspension of executions................................................................................................HR 444 General Assembly; members' terms......................................................................................SR 5 Indemnification; district attorneys; apprehension of criminal ....................................HR 445 Refer to numerical index for page numbers INDEX 2491 CONSTITUTIONAL AMENDMENTS (Continued) Initiative petition; power to enact or reject ...................................................................HR 107 Initiative petition; power to enact or reject ...................................................................HR 110 Intangible property tax; certain exemption......................................................................HR 67 Local option sales tax; educational purposes; property tax relief...............................HR 279 Local Constitutional Amendments Overview Committee; create................................HR 170 Lotteries; charitable organizations; provide .....................................................................HR 19 Murder; life sentence; prohibit parole................................................................................SR 83 Pardons and Paroles, State Board of; members' election ............................................HR 237 Pari-mutuel wagering; certain counties...........................................................................HR 108 Property tax relief; elderly ....................................................................................................HR 9 Public emergency medical technicians; indemnification ................................................HR 69 Public officials; felony indictment; remove from office...................................................SR 13 Public officials; U.S. felony indictment; suspension .......................................................HR 25 Public School Employees Retirement; health insurance plan; retirees......................HR 125 Speaker of House; serve 6 years.........................................................................................HR 26 Special investigative grand juries; jurisdiction...............................................................HR 231 Special one percent sales tax; educational purposes.......................................................HR 73 Special state sales tax; educational purposes ...................................................................HR 77 State departments; General Assembly veto rules and regulations ................................SR 46 State lottery; educational purposes; indigent care ..........................................................HR 78 State School Superintendent; change name; Commissioner of Education ................HR 109 Teachers Retirement; certain former teachers; membership.........................................HR 88 U.S. Representative or Senator; registered voter ............................................................HR 54 Victims of crime; Pardons and Paroles allocate funds....................................................SR 22 CONSUMER AFFAIRS Automobile warranties; requirement .............................................................................HB 1126 Business opportunities; purchaser's cancellation...........................................................HB 371 Consumers' Utility Counsel; date of repeal......................................................................HB 89 Consumers' Utility Counsel; fees for operating costs....................................................HB 139 Deceptive practices; conform to federal odometer regulations....................................HB 448 Deceptive practices; unfair to bill for goods not delivered ........................................HB 1124 Fair Business Practices; copies of pleadings ...................................................................SB 130 Health spas; amend Fair Business Practices Act..........................................................HB 370 Health spas; bond...............................................................................................................HB 406 Lease-purchase installment contracts; regulate .............................................................HB 378 Motor Vehicle Sales Finance; charges.............................................................................HB 452 Public utilities; rate increase; restrictions.......................................................................HB 137 Public utilities; temporary rate increase; appeal ...........................................................HB 723 Residential structure improvements; recovery for deficiency ......................................HB 738 Retail installment contracts; time price differential.....................................................HB 242 Self-service gasoline retailers; required services ..........................................................HB 1022 State agencies; estimates of supplies and services; availability .................................HB 1135 CONTRACTORS (CONSTRUCTION) Contracts; retainage amount................................................................................................8B 91 Improvements to certain residential structures; recovery for deficiency ...................................................................................................................HB 738 State contracts; progress payments ...............................................................................HB 1131 Utility contractors; licensing ...........................................................................................HB 1041 CONTRACTS Department of Administrative Services; space rental...................................................HB 436 Fair Business Practices; health spa.................................................................................HB 370 Insurance companies or agents.........................................................................................HB 481 Lease-purchase installment contracts; regulate .............................................................HB 378 Retail installment contracts; time price differential.....................................................HB 242 Refer to numerical index for page numbers 2492 INDEX CONTRACTS (Continued) Retainage amount..................................................................................................................SB 91 State contracts; certain violations; bid prohibitions .....................................................HB 940 State contracts; progress payments; contractors..........................................................HB 1131 Transportation, Department of; bids ...............................................................................SB 148 Transportation, Department of; one bid.........................................................................HB 549 Transportation, Department of; one bid.................,.......................................................HB 705 CONTROLLED SUBSTANCES Bail; court jurisdiction ..........................................................................................................SB 86 Cocaine Task Force; create ................................................................................................SB 147 Pharmacy robbery; theft of controlled substance.............................................................SB 57 Possession, trafficking; penalty .........................................................................................SB 166 Revise list...............................................................................................................................HB 33 CONVEYANCES OF PROPERTY Acworth, City of; grant easement.....................................................................................HR 120 Baldwin County; convey property.........................................................................................SR 4 Baldwin County; convey property to General Telephone Company ...............................SR 9 Bartow County; convey property ........................................................................................SR 41 Berrien County; convey property .....................................................................................HR 219 Brantley County; convey property ....................................................................................SR 168 Calhoun, City of; convey property ......................................................................................SR 50 Camden County; convey property.......................................................................................SR 27 Certain counties; municipalities .........................................................................................HR 91 Chatham County; convey property to Rita Shinall.......................................................HR 275 Chatham County; grant easement to Savannah ...............................................................SR 52 Chattanooga, Tennessee; state lease property to Southern Railway..........................HR 111 Cobb County; convey property .........................................................................................HR 178 Dalton, City of; convey property ......................................................................................HR 112 Emanuel County; convey property ...................................................................................SR 106 Glynn County; convey property; St. Simon's Island......................................................SR 102 Milledgeville, City of; convey property ..............................................................................SR 10 Milledgeville, City of; convey property ..............................................................................SR 96 Pelham, City of; lease property ..........................................................................................HR 90 Railroad; Atlanta-Chattanooga; terminate lease..............................................................HR 97 Tybee Island, City of; convey property ...........................................................................HR 220 CONYERS MIDDLE SCHOOL; commend..................................................................HR 245 COOK COUNTY; board of commissioners; election......................................................HB 975 COOK, CURREY; commend ...............................................................................................HR 33 CORONERS Coroner's Training Council; create ..................................................................................HB 256 Post-mortem Exam; death of hospice patient ................................................................SB 200 Post-mortem Exam; removal of pituitary glands ..........................................................HB 249 Post-mortem Exam; suspicious death; duties .................................................................SB 252 Qualifications, fees, bond requirement, and duties .......................................................HB 255 CORPE, DR. RAYMOND F.; commend ........................................................................HR 336 CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS Articles of incorporation; publication of merger............................................................HB 280 Cooperative associations; regulation ..............................................................................HB 1136 Corporations; assets; fair price for certain transactions ...............................................HB 309 Corporations; income tax credit; library rental..................................................,...........HB 694 Corporations; venue in actions ..........................................................................................SB 127 Professional associations; annual reports; filing fee......................................................HB 311 Refer to numerical index for page numbers INDEX 2493 CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS (Continued) Purchase shares; requirement...........................................................................................HB 174 Secretary of State; investigatory authority.....................................................................HB 171 Uniform Partnership Act; amend provisions..................................................................HB 887 CORRECTIONS, DEPARTMENT OF (Also, see Penal Institutions) Change name from Offender Rehabilitation ....................................................................HB 22 COSMETOLOGY Beauty shops; nursing home services ...............................................................................SB 139 Electrologists, State Board of; create ............................................................................HB 1139 Revise provisions .................................................................................................................SB 154 COUNTIES (Also, see Local Governments or Named County) Alcoholic beverages; sale to underage persons; notification.........................................HB 558 Alcoholic beverages; sales on election day; referendum ...............................................HB 247 Allocation of bonds...............................................................................................................HB 95 Area Planning and Development Commission; certain members; election .............HB 1118 Area Planning and Development Commission; relative to functions .........................HR 360 Audits; amend provisions ...................................................................................................SB 228 Birth or death registration; fees paid by county treasurer ..........................................HB 716 Board of commissioners; provide .....................................................................................HB 867 Boards of education; chairman; selection ........................................................................SB 207 Boards of education; chairman's term.............................................................................HB 569 Boards of education; communication council; establish .................................................HB 98 Boards of education, election; school superintendents, appointment - CA...........................................................................................................HR 331 Boards of education; organization and chairman; provide by local law.....................HB 859 Boards of health; certain consolidated government; services .......................................SB 134 Boards of health; membership, appointment.................................................................HB 689 Boundaries; coordinate system; amend provisions.........................................................SB 220 Branch banking; limited purpose bank; define ..............................................................HB 279 Branch banking; metropolitan statistical area; define.....................................................SB 65 Burial of paupers ................................................................................................................HB 546 Burning woods, lands, marshes, and other areas; notify forest ranger .........................SB 98 Business license; restrictions.............................................................................................HB 154 Certain occupational tax; levy..........................................................................................HB 477 Claims Advisory Board; certain claims; process ............................................................HB 257 Coastal Zone Protection Law; provide ..........................................................................HB 1096 Commissioner; certain counties; minimum salary .........................................................HB 453 Compensation of county officials; effective date...........................................................HB 625 Corporations; income tax credit; library rental..............................................................HB 694 Correctional institutions; violent death of inmate; notify GBI....................................SB 217 County consolidation; remove referendum requirement - CA.....................................HR 397 County or independent school superintendents; qualifications...................................HB 328 Deeds; master forms; record .............................................................................................HB 178 Development authorities; office building facilities; description ................................HB 1007 Education; school security personnel; powers ................................................................HB 568 Employees Retirement System; transfer juvenile detention service...........................HB 612 General Revenue Sharing program; urge continuation.................................................HR 394 Habeas corpus; judge hold proceeding at institution.......................................................SB 90 Highways; private driveways; delete certain prohibitions............................................HB 797 Hospital authorities; two local governments; membership ..........................................HB 641 Hospital; indigent pregnant women; county of residence ............................................HB 561 House Land Use Planning Procedures Study Committee; create ..............................HR 332 House Study Committee on District Directors of County Departments of Family and Children's Services; create ..................................................................HR 364 Housing authorities; number of commissioners .............................................................HB 243 Refer to numerical index for page numbers 2494 INDEX COUNTIES (Also, see Local Governments or Named County) (Continued) Indigent pregnant women; cost of health care...............................................................HB 487 Jail; incur debt for building - CA......................................................................................HR 14 Joint Land Use Planning Procedures Study Committee; create ................................HR 239 Joint Urban County and Municipal Study Committee ..................................................HR 15 Judicial circuits; compensating more than one law clerk................................................SB 83 Juries; selection procedures.................................................................................................HB 85 Land covenants; time limitation ......................................................................................HB 127 Law Enforcement Officers' Rules and Procedures Act; enact.....................................HB 812 Librarians; serve as deputy registrar ...............................................................................HB 190 License plates; fees payable to office...............................................................................HB 143 Local government audits; comply with federal requirements......................................HB 858 Local Constitutional Amendments Overview Committee; create................................HR 170 Local Government Services Equity Act; enact ..............................................................HB 478 Magistrate courts; cash bonds; certain violations...........................................................SB 123 Minor child; petition for legitimation..............................................................................HB 907 Motor vehicle insurance......................................................................................................SB 125 Motor vehicles; registration; duplicates...........................................................................HB 133 Nuisances; public health violations; certain counties ...................................................HB 407 Pari-mutuel wagering; certain counties - CA.................................................................HR 108 Payment of taxes; reimbursement payable to county...................................................HB 404 Prisoners; county work-release programs........................................................................HB 120 Probation systems; merge with state; employee benefits.............................................HB 308 Property conveyance; certain counties; municipalities ...................................................HR 91 Public facilities; voter approval - CA.................................................................................SR 92 Public Retirement systems; certain crimes; restrict membership...............................HB 258 Redevelopment powers ......................................................................................................HB 430 Revenue bonds; investment of proceeds ..........................................................................SB 262 Roadside vendors; regulate................................................................................................HR 154 Short-term debt; taxable property - CA............................................................................SR 12 Short-term indebtedness ......................................................................................................SB 28 Special county one percent sales tax; use of proceeds..................................................HB 170 Special county one percent sales tax; road purposes ....................................................HB 281 State Board of Education; health improvement program; establish ............................HB 49 State courts; juries; uniform procedures ............................................................................SB 48 Students; voter registration; non-county residents .........................................................HB 48 Tax assessors; confidentiality .............................................................................................HB 80 Tax collectors or tax commissioners; minimum salaries ...............................................SB 199 Tax digests; property on appeal.......................................................................................HB 214 Tax officials; qualifications .................................................................................................HB 75 Tax Officials' Retirement Fund; create.........................................................................HB 1034 Uniform Partnership Act; amend provisions.......................,..........................................HB 887 Urban enterprise zones - CA............................................................................................HR 118 Urban enterprise zones; provide.......................................................................................HB 642 Water or sewage facilities; contracts - CA......................................................................HR 416 Water or sewage facilities; finance through Georgia Development Authority - CA........................................................................................HR 363 Zoning power .........................................................................................................................HB 51 Zoning prohibitions; county officials; property interest ...............................................HB 618 Zoning Procedures Law for Metropolitan Counties; provide.......................................HB 715 Zoning; salt-water islands..................................................................................................HB 911 COUNTY BOARDS OF HEALTH Certain consolidated government; services......................................................................SB 134 Membership, appointment ................................................................................................HB 689 COURTS (Also, see Crimes and Offenses or Criminal Procedure) Actions by indigent party; review ......................................................................................HB 91 Refer to numerical index for page numbers INDEX 2495 COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Alcoholic beverages; providing to certain persons; penalty..........................................HB 142 Alcoholic beverages; retailer arrest; underage buyer.....................................................HB 936 Alias tax executions; issuance...........................................................................................HB 307 Animal injuries; owner's liability.........................................................................................SB 16 Animals; owners' liability for damages..........................................................................HB 1043 Appeals; new trials; judge give reason for granting.......................................................HB 183 Appeals; superior court; term for trial .............................................................................SB 183 Augusta Judicial Circuit; add judge.................................................................................HB 182 Bail; controlled substances...................................................................................................SB 86 Bail; driving under the influence; blood content...........................................................HB 118 Bail; prohibitions; arrest for driving under the influence.............................................SB 122 Certain insurers; service of process; fees.........................................................................HB 560 Certain judicial vacancies; Governor's appointment .......................................................HB 88 Cherokee Judicial Circuit; district attorney's investigator; compensation...................................................................................................................HB 637 Cherokee Judicial Circuit; judges; salary supplement ..................................................HB 635 Child abuse; admissible evidence .......................................................................................HB 18 Child abuse; admissible evidence .....................................................................................HB 292 Child abuse; evidence; confidentiality .............................................................................HB 383 Child abuse; prosecution; time limitation.......................................................................HB 385 Child abuse; reporting requirements.............................................................................HB 1092 Child custody; age of child to select parent ...................................................................HB 315 Child custody; court jurisdiction ......................................................................................HB 499 Child custody; grandparents' visitation rights...............................................................HB 892 Child custody; home investigations; contested cases....................................................HB 444 Child custody; interviews with child................................................................................HB 445 Child custody or visitation, property rights; court actions; attorney's fees....................................................................................................................HB 11 Child custody; parental agreement..................................................................................HB 377 Child custody; rights of child; age ...................................................................................HB 246 Child custody; shared parental responsibility ................................................................HB 424 Child custody; shared parental responsibility ................................................................HB 699 Child or spousal support; garnishment ...........................................................................HB 155 Civil practice; action on behalf of infant; bond..............................................................SB 234 Civil practice; computation of time..................................................................................SB 169 Civil practice; consolidation of actions............................................................................HB 631 Civil practice; discovery .....................................................................................................HB 211 Civil practice; judgment by default ..................................................................................SB 101 Civil practice; limitation; time for filing............................................................................SB 17 Civil practice; order for trial; elderly................................................................................SB 173 Civil practice; renewal of case after dismissal................................................................HB 789 Civil practice; voluntary dismissal ...................................................................................HB 630 Cobb Judicial Circuit; judges' retirement; certain expenses.........................................SB 285 Controlled substances; Cocaine Task Force....................................................................SB 147 Controlled substances; trafficking, possession; penalty.................................................SB 166 Corporations; venue in actions ..........................................................................................SB 127 Correctional officers; witness fees .......................................................................................SB 27 Council of Superior Court Judges of Georgia; create ......................................................SB 95 Counties; public buildings; inspection by grand jury ....................................................SB 119 County government; standards of apportionment; compliance ...................................HB 867 Court proceedings; broadcast or televise.........................................................................HB 796 Criminal Justice Coordinating Council; superior court judge; add.............................HB 629 Criminal procedure; appearance bonds; forfeiture........................................................HB 602 Criminal procedure; appearance bonds; minimum assets of sureties.......................HB 1110 Criminal procedure; arrest; probable cause hearing......................................................HB 669 Criminal procedure; bond; conditional release from liability ......................................HB 748 Refer to numerical index for page numbers 2496 INDEX COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Criminal procedure; child victim or witness; speedy trial..........................................HB 1087 Criminal procedure; delete certain citizens posse provisions.......................................HB 668 Criminal procedure; guilty but mentally {11.....................................................................SB 129 Criminal procedure; restitution for damage to state property ........................,...........HB 167 Death penalty; date of execution .....................................................................................HB 248 Death penalty; date of imposition ...................................................................................HB 159 Death penalty; eliminate ...................................................................................................HB 390 Death penalty; lethal injection .........................................................................................HB 848 Death penalty; televise executions ...................................................................................HB 891 Death sentence; moratorium ...............................................................................................HR 87 Deprived child; detention hearing; time limitation .......................................................HB 185 Disparity in Sentencing Study Committee; create ...................................................--....HR 85 Dispossessory proceedings; landlord store personal property......................................HB 429 Division of Youth Services; felony conviction; jurisdiction............................................HB 14 Domestic relations; arrest for contempt......................................................................-....SB 181 Driving under the influence; bail prohibitions...............................................................HB 792 Driving under the influence; chemical tests; admissibility ........................................HB 1021 Driving under the influence; nolo contendere plea; requirements.................................SB 33 Driving under the influence; penalty provisions............................................................HB 706 Dublin Judicial Circuit; salary supplements ..................................................................HB 592 Education; surrogate parents; immunity from liability .................................................SB 121 Estates; administrators or executors; bond ....................................................................HB 966 Estates; appraisement of property; evidence...................................................................SB 208 Estates; partition of property ...........................................................................................HB 363 Evidence; crime victim; present in court ........................................................................HB 217 Family violence; arrest without warrant .........................................................................HB 224 Family violence shelters; employees assist petitioners .................................................HB 614 Family violence; violation of court order; penalty .........................................................HB 273 Financial institutions; court orders; response time .......................................................HB 173 First offenders; Crime Information Center; modify records ........................................HB 539 Forsyth County Superior Court; change terms................................................................HB 37 Fraud; public housing; penalty ...........................................................................................HB 30 Fraud; tax returns; penalties.............................................................................................HB 845 Fulton County; indigent defense ......................................................................................HB 473 Fulton County; magistrate court; jurisdiction................................................................HB 647 Garnishment; federal courts; continuance ......................................................................HB 938 Garnishment; payment of expenses ...................................................................................HB 59 Garnishment summons; defendant's social security number.......................................HB 786 Governmental Liability Commission; create ..................................................................HR 171 Habeas corpus; judge hold proceeding at institution.......................................................SB 90 Hearsay evidence; minors; sexual contact, physical abuse...........................................HB 289 Homicide by vehicle; penalty..............................................................................................HB 63 Indemnification; district attorneys; apprehension of criminal ....................................HR 445 Interference with custody; penalty ..................................................................................HB 500 Joint Study Committee on Superior Court Judgeships; create...................................HR 106 Judges and employees; liability insurance; provide coverage.................................................................................................................................SB 2 Judicial circuits; compensating more than one law clerk................................................SB 83 Judicial circuits; employ law clerk or court administrator ..........................................HB 144 Judicial circuits; judge employ court administrator.........................................................SB 24 Juries; amend provisions .....................................................................................................HB 85 Jury commissioners; succession to office ........................................................................HB 101 Jury duty; charges and instructions in writing ............................................................HB 1047 Jury duty; elderly; exempt persons 70 years of age or older .......................................HB 157 Jury duty; elderly; exempt persons 65 years of age or older .......................................HB 114 Juvenile courts; access to records; certain school officials ...........................................HB 620 Refer to numerical index for page numbers INDEX 2497 COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Juvenile courts; traffic offenses; jurisdiction of minors................................................HB 540 Law Enforcement Officers' Rules and Procedures Act; enact.....................................HB 812 Libel actions; evidence..........................................................................................................SB 77 Libel; visual or sound broadcast; evidence...................................................................HB 1123 Lookout Mountain Judicial Circuit; add judge..............................................................HB 335 Magistrate courts; cash bonds; certain violations...........................................................SB 123 Magistrate courts; civil actions; service of process.............................................................SB 7 Magistrate courts; civil claims; jurisdiction....................................................................HB 215 Magistrate courts; deputy clerks sign summons...............................................................SB 88 Magistrate courts; postjudgment discovery.......................................................................SB 87 Magistrate Courts Training Council Act; certain exemption ......................................HB 653 Magistrates; full-time or part-time; number, selection, and term ..............................HB 652 Magistrates; practice in own court; restrictions.............................................................!!!) 651 Medical assistance; fraud...................................................................................................HB 543 Medical information; release by physicians....................................................................HB 962 Medical malpractice; limitation of actions ......................................................................SB 170 Mentally ill persons; involuntary hospitalization...........................................................SB 153 Mentally incompetent persons; sterilization...................................................................HB 237 Mentally incompetent persons; sterilization ...................................................................SB 110 Mentally retarded persons; service; court order for examination ...............................HB 313 Mentally retarded persons; transfer custody..........................:.......................................!!!) 207 Municipal courts; alternative punishment......................................................................HB 474 Municipal courts; judges; residency requirements.........................................................!!!) 241 Municipal courts; law libraries; fee..................................................................................HB 542 Municipal courts; motor vehicle emissions; violations ..................................................HB 465 Municipal courts; proof of motor vehicle insurance; jurisdiction ...............................HB 240 Municipal courts; shoplifting; jurisdiction......................................................................HB 458 Municipal courts; theft by shoplifting.........................,...................................................HB 459 Murder; life sentence; prohibit parole - CA......................................................................SR 83 Northeastern Judicial Circuit; add judge ........................................................................SB 186 Ocmulgee Judicial Circuit; court reporters; compensation ...........................................SB 172 Parental rights; termination..............................................................................................HB 175 Piedmont Judicial Circuit; add judge..............................................................................HB 356 Piedmont Judicial Circuit; add judge...............................................................................SB 264 Prisoners; civil actions; certain forms................................................................................HB 92 Probate court; chief clerks; appointment.........................................................................SB 249 Probate court judge; serve as magistrate; compensation.................................................SB 73 Probate court judges; qualifications ..................................................................................HB 74 Probate court judges; salaries ...........................................................................................HB 343 Probated sentence; review .................................................................................................HB 189 Public officials; felony indictment; remove from office - CA.........................................SR 13 Public officials; U.S. felony indictment; suspension - CA..............................................HR 25 Public utilities; temporary rate increase appeals; bonds..............................................HB 723 Rome Judicial Circuit; district attorney; investigators.................................................HB 979 Sentencing; victim impact statement ..............................................................................HB 218 Sentencing; victim impact statement .................................................................................SB 75 Sexual offenses; minors; admissible evidence.................................................................HB 757 Sexual offenses; minors; certain protection ......................................................................HB 29 Sexual offenses; minors; priority court cases....................................................................HB 28 Sexual offenses; rape of spouse ........................................................................................HB 708 Sexual offenses; victims 14 years of age or under; testimony........................................HB 27 Sheriffs; qualifications .......................................................................................................HB 344 Sheriffs' Retirement Fund; benefits; fee in civil cases .................................................HB 318 Sheriffs' Retirement Fund; death benefits .....................................................................HB 828 Sheriffs; salary........................................................................................................................SB 43 Special investigative grand juries; jurisdiction - CA.....................................................HR 231 Refer to numerical index for page numbers 2498 INDEX COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) State court judges emeritus; arrest warrants; authorization........................................HB 231 State courts; juries; uniform procedures............................................................................SB 48 State government; legal proceedings or hearings; certain fees ....................................HB 470 State Board of Education; attendance of meetings; continuances or postponements....................................................................................HB 584 Superior court clerks; liens; certain information..............................................................SB 66 Superior court clerks; minimum salaries.........................................................................HB 711 Superior court judges; retirement age .............................................................................HB 355 Superior Court Judges Retirement; amend provisions ...............................................HB 1122 Superior Court Judges Retirement; provisions relating to spouse..............................HB 397 Superior court judges; secretaries' salary...........................................................................SB 61 Supreme Court Justices and Court of Appeals Judges; Employees Retirement; optional benefits ...................................................................HB 666 Tax collector and tax commissioner; ex officio sheriff; compensation.......................HB 340 Teachers Retirement; falsifying records; penalty..........................................................HB 293 Torts; structured settlements and awards; recommend ...............................................HR 189 Trademarks or service marks; counterfeit goods; ex parte seizure.............................HB 924 Trademarks or service marks; wrongful manufacture; penalty...................................HB 918 Traffic citation; failure to respond; license suspension................................................HB 179 Trials; child victim or witness; videotaped deposition ...............................................HB 1086 Uniform Enforcement of Foreign Judgments Law; enact.............................................SB 164 Victims of crime; depositions; minors .............................................................................HB 288 Victims of crime; present at trial........................................................................................SB 74 Waycross Judicial Circuit; superior court judges; compensation................................HB 486 Waycross Judicial Circuit; superior court; term............................................................HB 746 Weapons; exemptions; certain public officials ...............................................................HB 572 Wills; probate court; jurisdiction......................................................................................HB 735 Wills; probate in solemn form; beneficiaries.....................................................................SB 46 Wrongful death; homicide of spouse or parent; recovery...............................................HB 83 Youthful Offender Act of 1972; revise provisions ..........................................................SB 157 COWART, COACH ROY J.; commend ..........................................................................HR 152 COWETA COUNTY Board of education .............................................................................................................HB 996 Board of education; certain leases, contracts, and agreements; extend Constitutional Amendment ..............................................................................H3 677 Certain ad valorem tax exemption; extend Constitutional Amendment...................HB 676 Development Authority; extend Constitutional Amendment ......................................HB 674 Magistrate judge; nonpartisan election ...........................................................................HB 995 Probate judge; nonpartisan election.................................................................................SB 189 Water, sanitation, sewerage and fire protection districts; extend Constitutional Amendment..............................................................................HB 675 CRAWFORD, CHANCELLOR VERNON; commend...............................................HR 127 CRAWFORD, LESLIE; commend.....................................................................................HR 34 CRIMES AND OFFENSES (CRIMINAL CODE) Abandonment; certain weapons; disposal .......................................................................HB 303 Abortion; certain minors or incompetent persons; notices...........................................HB 310 Abortion; disposal of fetus ................................................................................................HB 683 Aggravated battery upon correctional officer; define ......................................................SB 26 Alcoholic beverage; consumption while driving .............................................................HB 414 Alcoholic beverages; prohibit certain conduct on premises where sold .....................HB 291 Antique slot machines; possess, manufacture, or transfer parts; certain prohibitions ........................................................................................................HB 205 Baiting an animal ...............................................................................................................HB 934 Refer to numerical index for page numbers INDEX 2499 CRIMES AND OFFENSES (CRIMINAL CODE) (Continued) Certain controlled substances; possession, trafficking; penalty....................................SB 166 Child abuse; admissible evidence.......................................................................................HB 18 Child abuse; admissible evidence.....................................................................................HB 292 Child abuse; prosecution; time limitation.......................................................................HB 385 Child abuse; reporting requirements.............................................................................HB 1092 Children and youth; certain care homes; record checks...............................................HB 462 Controlled substances; bail ..................................................................................................SB 86 Controlled substances; Cocaine Task Force....................................................................SB 147 Controlled substances; revise list.......................................................................................HB 33 Crime Information Center; modify records; first offenders .........................................HB 539 Criminal procedure; child victim or witness; speedy trial..........................................HB 1087 Criminal trespass; damage to property...........................................................................HB 710 Criminal trespass; damage to property ............................................................................SB 240 Criminal trespass; private property; weapons.................................................................SB 212 Death penalty; eliminate ...................................................................................................HB 390 Death sentence; moratorium...............................................................................................HR 87 Deceptive practices; conform to federal odometer regulations....................................HB 448 Deceptive practices; unfair to bill for goods not delivered ........................................HB 1124 Division of Youth Services; felony conviction; jurisdiction............................................HB 14 Dog theft; provide offense...................................................................................................HB 71 Elections; counterfeiting ballots; felony ..........................................................................HB 245 Employees Retirement System; certain crimes; limit creditable service ....................SB 224 Evidence; crime victim; present in court ........................................................................HB 217 Firearms; stun gun or taser; definition.........................................................................HB 1109 Firefighter organizations; false representation...............................................................HB 222 Firemen; false representation; prohibit..............................................................................SB 42 Forced entry; justification for protecting home.............................................................HB 113 Fraud; tax returns; penalties.............................................................................................HB 845 Fulton County; indigent defense ......................................................................................HB 473 Handicapped children; standard of care.........................................................................HB 586 Handicapped parking; violations; towing expenses ........................................................SB 182 Homicide by vehicle; punishment ......................................................................................HB 63 Indemnification; district attorneys; apprehension of criminal ....................................HR 445 Insurance fraud; definition................................................................................................HB 353 Insurance fraud; definition.................................................................................................SB 131 Interference with custody; penalty ..................................................................................HB 500 Invasion of privacy; automated telephone sales ............................................................HB 790 Libel; visual or sound broadcast; evidence ...................................................................HB 1123 Litter control; poultry feathers.........................................................................................HB 389 Lotteries; chain letter or pyramid club..............................................................................SB 62 Lotteries; charitable organizations; provide - CA............................................................HR 19 Lottery equipment; manufacture, sale and transport.....................................................HB 99 Medical assistance; fraud...................................................................................................HB 543 Motor vehicles; compliance with emission standards; certify......................................HB 220 Murder; life sentence; prohibit parole - CA......................................................................SR 83 Pari-mutuel wagering; certain counties - CA.................................................................HR 108 Personal care homes; personnel record checks...............................................................HB 461 Pharmacy robbery; theft of controlled substance.............................................................SB 57 Public housing; fraudulently obtaining; penalty..............................................................HB 30 Public officials and employees; prohibit coercion.........................................................HB 128 Public officials; felony indictment; remove from office - CA.........................................SR 13 Public officials; U.S. felony indictment; suspension - CA..............................................HR 25 Public retirement systems; certain crimes; restrict membership ................................HB 258 Public retirement systems; membership; certain prohibitions ....................................HB 426 Sale of human body parts ..................................................................................................SB 146 Sentencing; victim impact statement ..............................................................................HB 218 Refer to numerical index for page numbers 2500 INDEX CRIMES AND OFFENSES (CRIMINAL CODE) (Continued) Sexual contact offenses; amend Criminal Code.............................................................HB 184 Sexual contact; minors; hearsay evidence.......................................................................HB 289 Sexual offenses; admissible evidence; minors.................................................................HB 757 Sexual offenses; exploit child; reports by film processors...............................................SB 79 Sexual offenses; minors; certain protection ......................................................................HB 29 Sexual offenses; minors; priority court cases....................................................................HB 28 Sexual offenses; victim of rape; spouse ...........................................................................HB 708 Sexual offenses; victims 14 years of age or under; testimony........................................HB 27 Shoplifting; municipal courts; jurisdiction......................................................................HB 458 State contracts; certain violations; bid prohibitions .....................................................HB 940 State lottery; educational purposes; indigent care - CA.................................................HR 78 State officers and employees; engage in political activities ..............................................SB 9 Stolen vehicles; proof of ownership; return.....................................................................SB 135 Teachers Retirement System; falsifying records; penalty ............................................HB 293 Telephone communications; prohibit certain commercials ..........................................HB 177 Theft by shoplifting; municipal courts............................................................................HB 459 Trials; child victim or witness; videotaped deposition ...............................................HB 1086 Victims of crime; Pardons and Paroles allocate funds - CA ..........................................SR 22 Victims of crime; present at trial........................................................................................SB 74 Weapons; exemptions; certain public officials ...............................................................HB 572 Weapons; possession; retired peace officer; certain exceptions ...................................HB 889 Zoning prohibitions; county officials; property interest ...............................................HB 618 CRIMINAL JUSTICE Courts; actions by indigent party; review.........................................................................HB 91 Criminal Justice Coordinating Council; superior court judge; add.............................HB 629 Fulton County; indigent defense......................................................................................HB 473 CRIMINAL PROCEDURE Alcoholic beverages; underage buyer; arrest by retailer ...............................................HB 936 Appeals; new trials; judge give reason for granting............,..........................................HB 183 Appeals; superior court; term for trial .............................................................................SB 183 Appearance bonds; forfeiture............................................................................................HB 602 Appearance bonds; minimum assets of sureties ..........................................................HB 1110 Arrest; probable cause hearing .........................................................................................HB 669 Bail; controlled substances offenses....................................................................................SB 86 Bail; driving under the influence; blood content...........................................................HB 118 Bail; prohibitions; arrest for driving under the influence .............................................SB 122 Bond; conditional release from liability ..........................................................................HB 748 Child abuse; prosecution; time limitation.......................................................................HB 385 Child victim or witness; speedy trial .............................................................................HB 1087 Criminal Justice Coordinating Council; superior court judge; add.............................HB 629 Death penalty; date of execution .....................................................................................HB 248 Death penalty; date of imposition ...................................................................................HB 159 Death penalty; eliminate ...................................................................................................HB 390 Death penalty; lethal injection .........................................................................................HB 848 Death sentence; moratorium...............................................................................................HR 87 Delete certain citizens posse provisions ..........................................................................HB 668 Disparity in Sentencing Study Committee; create..........................................................HR 85 Domestic relations case; arrest for contempt..................................................................SB 181 Executions; televise ............................................................................................................HB 891 Family violence; arrest without warrant .........................................................................HB 224 Fulton County; indigent defense......................................................................................HB 473 Guilty but mentally ill ........................................................................................................SB 129 Indemnification; district attorneys; apprehension of criminal ....................................HR 445 Juries; charges and instructions in writing..................................,................................HB 1047 Magistrate courts; cash bonds; certain violations....................................................,......SB 123 Refer to numerical index for page numbers INDEX 2501 CRIMINAL PROCEDURE (Continued) Murder; life sentence; prohibit parole - CA......................................................................SR 83 Reprieves, pardons; General Assembly provide by law - CA.......................................HR 444 Restitution for damages to state property......................................................................HB 167 Sentencing; victim impact statement ..............................................................................HB 218 Sentencing; victim impact statement .................................................................................SB 75 Sexual offenses; admissible evidence; minors.................................................................HB 757 Sexual offenses; minors; certain protection......................................................................HB 29 Sexual offenses; minors; priority court cases....................................................................HB 28 Sexual offenses; victim 14 years of age or under; testimony.........................................HB 27 State court judges emeritus; arrest warrants; authorization........................................HB 231 State Board of Education; attendance at meetings; continuances or postponements....................................................................................HB 584 Stolen vehicles; proof of ownership; return.....................................................................SB 135 Trials; child victim or witness; videotaped deposition ...............................................HB 1086 Victims of crime; minors; depositions .............................................................................HB 288 Victims of crime; Pardons and Paroles allocate funds - CA..........................................SR 22 CRISP COUNTY Certain revenue bonds; extend Constitutional Amendment........................................HB 593 Electric system revenue bonds; extend Constitutional Amendment ............................HB 24 Hydro-electric bonds; extend Constitutional Amendment.............................................HB 23 Hydro-electric bonds; extend Constitutional Amendment...........................................HB 594 CROSS KEYS HIGH SCHOOL DECA; commend....................................................HR 324 CROWE, DR. HUGH L.; recognize..................................................................................HR 188 CRUMP, WALLY; commend ..............................................................................................HR 35 CURRIE, BETTY JO; recognize......................................................................................HR 449 CUTTING, DR. GEORGE PEDDY; commend ...........................................................HR 366 D DADE COUNTY; Water and Sewer Authority; revenue bonds...................................SB 177 DALTON, CITY OF Convey property..................................................................................................................HR 112 Property conveyance; certain counties; municipalities...................................................HR 91 DALTON HIGH SCHOOL; commend...........................................................................HR 318 DAMAGE TO PROPERTY Criminal trespass ................................................................................................................HB 710 Criminal trespass.................................................................................................................SB 240 Criminal trespass; private property; weapons .................................................................SB 212 DAMASCUS, CITY OF; new charter.............................................................................HB 135 DAMMANN, DAVID A.; commend................................................................................HR 215 DAMS; Northeast Georgia Study; including Curry Creek Dam and Lake..................HR 214 DANCZ, PHYLLIS; commend............................................................................................HR 83 DANCZ, ROGER; commend...................:............................................................................HR 81 Refer to numerical index for page numbers 2502 INDEX DARDEN, HONORABLE GEORGE W. "BUDDY"; commend ..............................HR 94 DAVISON, DR. FRED C.; invite to House .....................................................................HR 23 DAWSON, CITY OF; railroad closing; service to certain cities ..................................HR 186 DAWSON COUNTY Commissioner; compensation.............................................................................................SB 278 Industrial Building Authority; extend Constitutional Amendment ............................SB 251 License fees; unincorporated area....................................................................................HB 547 License fees; unincorporated area....................................................................................HB 707 License fees; unincorporated area........................................................,............................SB 282 Probate judge and superior court clerk; compensation ..............................................HB 1055 Tax commissioner; compensation..................................................................,................HB 1054 DAY-CARE Certain care homes; record checks...................................................................................HB 462 Homes and centers; safety fire regulations...........................................................,.........HB 369 DEAL, KIM; commend .......................................................................................................HR 371 DEATH PENALTY Date of execution................................................................................................................HB 248 Date of imposition ..............................................................................................................HB 159 Eliminate..............................................................................................................................HB 390 Executions; televise ............................................................................................................HB 891 Lethal injection ...................................................................................................................HB 848 Moratorium............................................................................................................................HR 87 Reprieves, pardons; General Assembly provide by law - CA.......................................HR 444 DEBTOR AND CREDITOR Credit unions; classes of shares ........................................................................................HB 374 Financial institutions; court orders; response time.......................................................HB 173 Garnishment; child or spousal support ...........................................................................HB 155 Garnishment; federal courts; continuance ......................................................................HB 938 Garnishment; payment of expenses ...................................................................................HB 59 Garnishment summons; defendant's social security number .......................................HB 786 Garnishment; tax collections.............................................................................................HB 341 DECATUR, CITY OF; homestead exemption; elderly .................................................HB 582 DECATUR CIVIC CHORUS; commend.......................................................................HR 451 DECATUR COUNTY Decatur County-Bainbridge Industrial Development Authority; extend Constitutional Amendment..............................................................................HB 701 Probate judge; compensation............................................................................................HB 976 DEEDS Master forms; record ..........................................................................................................HB 178 Property; deeds to secure debt; cancellation ..................................................................HB 840 DEKALB COUNTY Alcoholic beverage tax; extend Constitutional Amendment ........................................HB 413 Animal control; court jurisdiction; extend Constitutional Amendment.....................HB 877 Board of education; compensation....................................................................................SB 227 Board of Registrations and Elections; repeal .................................................................HB 942 Citizens' zoning counsel; create ......................................................................................HB 1130 Civil service and merit system; extend Constitutional Amendment ..........................HB 468 Education districts; extend Constitutional Amendment ...............................................SB 288 Educational tax; extend Constitutional Amendment.....................................................SB 289 Refer to numerical index for page numbers INDEX 2503 DEKALB COUNTY (Continued) Emergency care facility; urge in southeast DeKalb County ........................................HR 358 Fulton and DeKalb Counties; annexation; certain areas; population classification ....................................................................................................................HB 820 Fulton and DeKalb Counties; tax collectors and commissioners; ex-officio sheriffs; population classification................................................................HB 761 Fulton and DeKalb Counties; zoning procedures..........................................................HB 325 Health rules; public nuisances; certain counties............................................................HB 407 Junior College; acquisition by University System of Georgia .....................................HR 218 Junior College; extend Constitutional Amendment ....................................................HB 1089 Land Use Study Commission; create...............................................................................HR 232 Magistrate court; provide ..................................................................................................HB 878 Medical examiner; extend Constitutional Amendment ................................................HB 403 Medical examiner; extend Constitutional Amendment ................................................HB 570 Ordinances; enactment and violations; extend Constitutional Amendment .............HB 879 Probate judge and superior court clerk; compensation ..............................................HB 1079 Property damage by employees; limit; extend Constitutional Amendment............HB 1036 Sanitation districts; extend Constitutional Amendment..............................................HB 312 State court; add judge........................................................................................................HB 467 State court; assistant solicitor...........................................................................................HB 955 Street improvements; extend Constitutional Amendment...........................................HB 402 Zoning changes; conflicts of interest..............................................................................HB 1138 DEKLE, RENEE; commend................................................................................................HR 36 DEVELOPMENT AUTHORITIES Alternative living home......................................................................................................HB 192 Counties and municipalities; water or sewage facilities; finance through Georgia Development Authority - CA..........................................................HR 363 Office building facilities; description .............................................................................HB 1007 DISABLED PERSONS (See Handicapped Persons) DISTRICT ATTORNEYS; indemnification; apprehension of criminal ...................HR 445 DIVORCE (See Domestic Relations) DOBBS, WINSTON; condolences....................................................................................HR 269 DODD, COACH BOBBY; invite to House ....................................................................HR 327 DODD, DR. WILLIAM A.; recognize .............................................................................HR 309 DOERUN, CITY OF; recorder's court; punishment......................................................HB 823 DOGS Crimes and offenses; baiting an animal ..........................................................................HB 934 Dog theft; provide offense..................................................................................................HB 71 Owner's liability for damages..........................................................................................HB 1043 Owner's liability for damages ..............................................................................................SB 16 DOMESTIC RELATIONS Abortions; certain minors or incompetent persons; notices.........................................HB 310 Adoption assistance; interstate compacts; Human Resources enter...........................HB 200 Alimony; modify judgment.................................................................................................SB 211 Alimony; revise provisions.................................................................................................HB 428 Child Abuse Action Fund; establish..............................................................................HB 1107 Child abuse; evidence; confidentiality .............................................................................HB 383 Child abuse; reporting requirements.............................................................................HB 1092 Child Abuse Study Committee; create ............................................................................HR 169 Child custody; age of child to select parent...................................................................HB 315 Refer to numerical index for page numbers 2504 INDEX DOMESTIC RELATIONS (Continued) Child custody; court jurisdiction ....................................................................................HB 499 Child custody; grandparents' visitation rights .....................................,.........................HB 892 Child custody; home investigations; contested cases ....................................................HB 444 Child custody; interviews with child................................................................................HB 445 Child custody; parental agreement..................................................................................HB 377 Child custody; rights of child; age ...................................................................................HB 246 Child custody; shared parental responsibility ................................................................HB 424 Child custody; shared parental responsibility................................................................HB 699 Child custody, visitation, and property division; court actions; attorney's fees....................................................................................................................HB 11 Child or spousal support; garnishment...........................................................................HB 155 Courts; domestic relations case; arrest for contempt.....................................................SB 181 Deprived child; detention hearing; time limitation.......................................................HB 185 Education; surrogate parents; immunity from liability .................................................SB 121 Family violence; arrest without warrant .........................................................................HB 224 Family violence; court order violation; penalty.............................................................HB 273 Family violence shelters; employees assist petitioners .................................................HB 614 Income tax credits; child care, household, and dependent care expenses...................................................................................................................HB 765 Income tax refunds; setoff collections; claimant agencies..........................................HB 1108 Interference with custody; penalty..................................................................................HB 500 Mentally retarded persons; transfer custody..................................................................HB 207 Minor child; petition for legitimation..............................................................................HB 907 Parental rights; termination..............................................................................................HB 175 Sexual offenses; victim of rape; spouse ...........................................................................HB 708 Wrongful death; homicide of spouse or parent; recovery...............................................HB 83 DONALSONVILLE, CITY OF; council; composition.................................................TM 827 DOOLEY, COACH VINCE AND OTHERS; invite to House .................................HR 172 DOOLY COUNTY; commissioners; compensation ......................................................HB 1095 DOORKEEPER AND ASSISTANT DOORKEEPERS; House of Representatives; commend................................................................................................HR 342 DOUGHERTY COUNTY Albany Dougherty Payroll Development Authority; extend Constitutional Amendment...........................................................................................HB 588 Board of education; election...........................................................................................HB 1104 Property conveyance; certain counties; municipalities...................................................HR 91 DOUGLAS COUNTY; Douglasville-Douglas County Water and Sewer Authority; create .............................................................................................HB 680 DOUGLASVILLE, CITY OF Douglasville-Douglas County Water and Sewer Authority; create .............................HB 680 Mayor and councilmen; election.......................................................................................HB 958 DRIVER'S LICENSE Access to record; certain persons ........................................................................................SB 45 Alcoholic beverage; consumption while driving .............................................................HB 414 Alcoholic beverage; consumption while driving.............................................................HB 489 Conditional license; age requirement.................................................................................HB 17 Conditional license; driving under the influence; amend provisions ............................HB 90 Conditional license; minors; waive certain requirements .............................................HB 360 Conditional license; suspension; limited permit ............................................................HB 382 Defensive driving course; fee ..............................................................................................HB 57 Driving records; availability; Boards of Education .......................................................HB 393 Refer to numerical index for page numbers INDEX 2505 DRIVER'S LICENSE (Continued) Driving under the influence; accidents; serious injuries; penalty...............................HB 496 Driving under the influence; arrest; release impounded vehicle.................................HB 146 Driving under the influence; arrests; bail prohibitions..................................................SB 122 Driving under the influence; bail prohibitions...............................................................HB 792 Driving under the influence; bail provisions; blood content........................................HB 118 Driving under the influence; nolo contendere plea; requirements.................................SB 33 Driving under the influence; penalty provisions............................................................HB 706 Driving under the influence; prevention, education, and treatment; portion of fine or forfeiture - CA.................................................................................HR 296 Driving under the influence; second suspension; alcohol education program.............................................................................................................SB 29 Facial photograph.................................................................................................................HB 19 Juvenile courts; traffic offenses; minors; jurisdiction ...................................................HB 540 Law enforcement officers; compensation for attendance; hearing.................................SB 30 Restoration; certain courses; reciprocity ............................................................................SB 35 Suspension; certain conviction; probation......................................................................HB 359 Suspension; foreign judgments.........................................................................................HB 545 Traffic citation; failure to respond; suspension.............................................................HB 179 Uniform rules of the road; amend provisions ................................................................HB 571 Unlawful use; contraband..................................................................................................HB 932 DRIVING UNDER THE INFLUENCE Accidents; serious injuries; penalty..................................................................................HB 496 Alcoholic beverage; consumption while driving .............................................................HB 414 Alcoholic beverage; consumption while driving.............................................................HB 489 Arrest; release impounded vehicle...................................................................................HB 146 Arrests; bail prohibitions....................................................................................................SB 122 Bail prohibitions .................................................................................................................HB 792 Bail provisions; blood content..........................................................................................HB 118 Chemical tests; admissibility...........................................................................................HB 1021 Conditional license; amend provisions ..............................................................................HB 90 Conditional license; minors; waive certain alcohol and drug abuse course requirements............................................................................................HB 360 Defensive driving course; fee ..............................................................................................HB 57 Driver's license restoration; certain courses; reciprocity .................................................SB 35 Driver's license; unlawful use; contraband .....................................................................HB 932 Law enforcement officers; compensation for attendance; driving under the influence hearing ...............................................................................SB 30 Nolo contendere plea; requirements...................................................................................SB 33 Penalty provisions ..............................................................................................................HB 706 Prevention, education, and treatment; portion of fine or forfeiture - CA.................................................................................................................HR 296 Second driver's license suspension; alcohol education program.....................................SB 29 Suspended driver's license; certain conviction; probation............................................HB 359 Uniform Rules of the Road; amend provisions..............................................................HB 571 DRUGS AND DRUG DEPENDENCY AND ABUSE Alcohol and drug safety course; minors; repeal certain provisions.............................HB 361 Alcoholism and drug abuse; clinical records; release ....................................................HB 793 Alcoholism treatment; effective date...................................................................................HB 8 Certain controlled substances; possession, trafficking; penalty....................................SB 166 Conditional driver's license; minors; waive alcohol and drug safety course requirements............................................................................................HB 360 Controlled substances; Cocaine Task Force ....................................................................SB 147 Controlled substances; revise list .......................................................................................HB 33 Driver's license restoration; certain courses; reciprocity .................................................SB 35 Driving under the influence; accidents; serious injuries; penalty ...............................HB 496 Refer to numerical index for page numbers 2506 INDEX DRUGS AND DRUG DEPENDENCY AND ABUSE (Continued) Driving under the influence; arrest; release impounded vehicle.................................HB 146 Driving under the influence; arrests; bail prohibitions..................................................SB 122 Driving under the influence; bail prohibitions...............................................................HB 792 Driving under the influence; bail provisions; blood content........................................HB 118 Driving under the influence; penalties; conditional licenses..........................................HB 90 Driving under the influence; penalty provisions............................................................HB 706 Driving under the influence; prevention, education, and treatment; portion of fine or forfeiture - CA.................................................................................HR 296 Driving under the influence; second suspension; alcohol education program.............................................................................................................SB 29 Drug dependency or abuse; treatment programs; license..............................................SB 219 Emergency care.......................................................................................................................SB 6 Insect stings; treatment with epinephrine...........................................................................SB 5 Involuntary hospitalization................................................................................................SB 153 Joint Drug Classification Study Committee; create........................................................HR 86 Nonmedical health care practitioners; licensing ..........................................................HB 1121 Pedestrians under the influence; penalties.....................................................................HB 117 Pharmacists; continuing education ..................................................................................HB 688 Pharmacists; continuing education; licensing..................................................................SB 267 Pharmacy robbery; theft of controlled substance.............................................................SB 57 Prescription drugs; warning label, nutritional deficiencies..........................................HB 972 Residents absent from certain facilities; missing person.................................................SB 84 Voluntary transfer; state facilities .......................................................................................HB 5 DUBLIN JUDICIAL CIRCUIT; salary supplements................................................HB 592 DUNCAN, HORRIE B.; commend..................................................................................HR 418 EARLY COUNTY State court; solicitor ...........................................................................................................HB 946 Superior court clerk; compensation.................................................................................HB 778 EAST HALL COUNTY HIGH SCHOOL GIRLS' BASKETBALL TEAM; commend ..............................................................................HR 426 EATONTON, CITY OF; corporate limits.......................................................................HB 721 ECHOLS COUNTY; board of commissioners; compensation......................................HB 876 EDUCATION Alcohol and drug safety course; minors; repeal certain provisions.............................HB 361 Applied psychology; requirements...................................................................................HB 826 Board of Regents; employees serve on certain board.....................................................HB 31 Board of Regents; members' terms - CA........................................................................HR 280 Boards of education, election; school superintendents, appointment- CA...........................................................................................................HR 331 Computer or technical equipment; donation to school; income tax credit..........................................................................................................................HB 351 County boards of education; chairman; selection...........................................................SB 207 County boards of education; chairman's term...............................................................HB 569 County or independent school systems; superintendents; qualifications...................HB 328 CPR; encourage schools to expand programs.................................................................HR 291 Refer to numerical index for page numbers INDEX 2507 EDUCATION (Continued) DeKalb Junior College; acquisition by University System of Georgia.......................HR 218 DeKalb Junior College; extend Constitutional Amendment......................................HB 1089 Driving records; availability; boards of education.........................................................HB 393 Educational personnel; sick leave; personal reasons .....................................................HB 427 Eminent Scholars Endowment Trust Fund; create.......................................................HB 919 Emory University; special license plates; sesquicentennial founding.........................HB 235 Employment Security; educational personnel; restrictions..........................................HB 266 Enrollment age....................................................................................................................HB 284 Enrollment age....................................................................................................................HB 784 Grants, loans; draft registration requirement ................................................................HB 969 Handicapped children; special education services.........................................................HB 262 Handicapped children; special education services; expenses.......................................HB 263 Handicapped persons; Human Resources provide services.............................................SB 22 Income tax credit; contributions to certain educational organizations......................HB 830 Industrial Loan Act; certain colleges and universities; exemption .............................HB 437 Juvenile courts; access to records; certain school officials...........................................HB 620 Legislative Education Research Council; change name to House Research Council ..............................................................................................HB 1127 Local boards of education; communication council; establish.......................................HB 98 Local boards of education; organization and chairman; provide by local law........................................................................................................HB 859 Local option sales tax; educational purposes; property tax relief - CA........................................................................................................................HR 279 Medical student loans or scholarships; amount.............................................................HB 622 Osteopathic colleges; grants for attendance ....................................................................SB 185 Postsecondary Educational Authorization Act; fine arts colleges; exemption.........................................................................................................................HB 725 Professional Practices Commission; executive director and employees; Merit System...................................................................................................................HB 388 Professional Practices Commission; membership..........................................................HB 888 Proprietary schools; amend provisions............................................................................HB 709 Proprietary schools; certain institutions; student incentive grants ............................HB 732 Quality Basic Education Act; enact.................................................................................HB 225 Quality Basic Education Act; enact....................................................................................SB 82 Retail Installment and Home Solicitation Sales Act; certain colleges and universities; exemption............................................................................HB 438 School bus drivers; loading children; report vehicles passing......................................HB 301 School crossings; safety provisions.....................................................................................HB 65 School lunch program; federal support...........................................................................HR 350 School security personnel; powers....................................................................................HB 568 Schools; scoliosis screening; notices ..................................................................................SB 165 Schools; silent prayer or meditation ................................................................................HB 350 Southern Regional Education Compact; admit Oklahoma ..........................................HB 387 Southern Regional Education Compact; admit Oklahoma .............................................SR 18 Special one percent sales tax; educational purposes - CA.............................................HR 73 Special state sales tax; educational purposes - CA .........................................................HR 77 State lottery; educational purposes; indigent care - CA.................................................HR 78 State Board of Education; attendance at meetings; continuances or postponements....................................................................................HB 584 State Board of Education; health improvement program; establish ............................HB 49 State School Superintendent; change name to Commissioner of Education - CA...........................................................................................................HR 109 Student Transportation Safety Study Committee; create ...........................................HR 240 Students; voter registration; non-county residents .........................................................HB 48 Surrogate parents; immunity from liability.....................................................................SB 121 Teachers and other personnel; certain leave; creditable service.................................HB 345 Refer to numerical index for page numbers 2508 INDEX EDUCATION (Continued) Teachers; income tax credit; certain expenses..............................................................MR 687 Tuition equalization grants; private colleges and universities; remove limitation............................................................................................................HB 794 Uniform Opening Date for School Calendar Year House Study Committee; create...............................................................................................HR 320 Uniform Opening Date for School Calendar Year Joint Study Committee; create ...............................................................................................HR 233 University of Georgia; recognize on 200th Anniversary .................................................HR 60 Vocational education; handicapped; certain state funds ..............................................HB 339 EDWARDS, JEANIE; commend .....................................................................................HR 400 EDWARDS MIDDLE SCHOOL; commend ................................................................HR 246 EFFINGHAM COUNTY; state court judge and solicitor; compensation.................HB 921 ELBERT COUNTY; state court; amend provisions......................................................HB 749 ELDERLY Center for Rehabilitation Technology Study Committee; create................................HR 167 Civil cases; order for trial...................................................................................................SB 173 Community care; lead agencies; services..........................................................................SB 233 Georgia War Veterans Home; urge additional appropriation.......................................SR 158 House Study Committee on Insurance Fraud Against Elderly.....................................HR 12 Income tax; additional exemption......................................................................................HB 12 Income tax; certain retirement income; exemption......................................,................HB 829 Jury duty; exempt persons 70 years and older ..............................................................HB 157 Jury duty; exempt persons 65 years and older ..............................................................HB 114 Living wills; distribution ....................................................................................................SB 191 Living wills; forms ..............................................................................................................HB 446 Medical assistance; eyeglass program; urge use of previous system...........................HR 295 Personal care homes; permits...........................................................................................HB 777 Personal care homes; personnel record checks...............................................................HB 461 Personal care homes; safety standards................................................................................HB 2 ELECTIONS Absentee ballots; delivery to persons in hospital ..........................................................HB 210 Alcoholic beverages; sales on election day; referendum ...............................................HB 247 Alcoholic beverages; sales on election day; repeal provision...........................................SB 70 Amend provisions .................................................................................................................HB 97 Boards of education, election; school superintendents, appointment - CA...........................................................................................................HR 331 Campaigns; persons receiving certain compensation; prohibit activities............................................................................................................HB 717 Candidates; campaign funds; prohibit personal use......................................................HB 575 Candidates; campaign literature costs; prohibition .......................................................HB 194 Candidates; time for posting lists ....................................................................................HB 440 Code of Georgia; corrections.............................................................................................HB 163 Counterfeiting ballots; felony............................................................................................HB 245 Counties and municipalities; public facilities; voter approval - CA..............................SR 92 Death certificates; filing; voter registration officer .......................................................HB 659 Exit poll; prohibit within 250 feet of polling places .....................................................HB 209 Exit poll; prohibit within 250 feet of polling places ........................................................SB 68 Fulton County; voter registration; post card...................................................................SB 168 General Assembly candidates; financial disclosure .......................................................HB 150 Handicapped voters; access to polling places...................................................................HB 76 Incumbent; indicate on ballot...........................................................................................HB 379 Librarians; serve as deputy registrar ...............................................................................HB 190 Refer to numerical index for page numbers INDEX 2509 ELECTIONS (Continued) Nonpartisan primary; separate ballot..............................................................................HB 441 Party nominations; filling vacancies................................................................................HB 822 Presidential electors ...........................................................................................................HB 963 Primary date........................................................................................................................HB 442 Public officials and employees; prohibit coercion .........................................................HB 128 Public officials; employment and financial disclosure form; file ................................HB 492 Run-off elections; time for holding..................................................................................HB 815 Run-off primaries; number of polling places..................................................................HB 188 Special primaries; time for holding..................................................................................HB 816 Straight party ballots; amend provisions ........................................................................HB 939 Students; registration; non-county residents....................................................................HB 48 United States Representative or Senator; registered voter............................................HR 54 Unopposed candidates; omit names from ballot............................................................HB 439 Voter registration; residence requirement ....................................................................HB 1074 Voter registration; temporary location of cards.............................................................HB 208 Voter registration; temporary location of cards................................................................SB 34 ELECTRICAL SERVICE EMC; satellite television systems.....................................................................................HB 639 New construction; certification of need..........................................................................HB 874 New construction; certification of need ........................................................................HB 1090 Nuclear generating plants; costs .......................................................................................SB 111 Rural electrification; commemorate 50th Anniversary .................................................HR 126 ELECTROLOGISTS, STATE BOARD OF; create .................................................HB 1139 ELEVATORS AND ESCALATORS; date of inspections............................................SB 15 ELLIOTT, BILL; invite to House ....................................................................................HR 274 EMANUEL COUNTY; convey property .........................................................................SR 106 EMERGENCIES AND EMERGENCY SERVICES Certain medical facilities; report non-accidental injuries.............................................HB 250 Emergency care facility; urge in southeast DeKalb County ........................................HR 358 Emergency Management Division; Department of Defense; executive director ............................................................................................................HB 693 Emergency Management Division; Department of Defense; executive director.............................................................................................................SB 213 Mentally ill persons; emergency care ...................................................................................SB 6 Motor vehicles; flashing or revolving red lights.............................................................HB 455 Public emergency medical technicians; indemnification ..............................................HB 268 Public emergency medical technicians; indemnification - CA;......................................HR 69 EMINENT DOMAIN; coal pipeline companies ............................................................HB 450 EMISSIONS, MOTOR VEHICLES Crimes and offenses; amend .............................................................................................HB 220 Inspections; amend provisions...........................................................................................SB 115 Inspections; fees..................................................................................................................HB 336 Motor vehicle Certificate of Title; compliance with emission standards..........................................................................................................................HB 221 Municipal court jurisdiction; violations..........................................................................HB 465 EMPLOYEES RETIREMENT SYSTEM (See Retirement and Pensions or State Employees) EMPLOYMENT Certain labor departments; eliminate statutory requirement.........................................SB 12 Employment Security; amend provisions........................................................................HB 411 Refer to numerical index for page numbers 2510 INDEX EMPLOYMENT (Continued) Employment Security; educational personnel; restrictions..........................................HB 266 Employment Security; provide for appeals ....................................................................HB 331 Employment Security; supplemental appropriation; Department of Labor............................................................................................................................HB 265 Employment Security; wages; accident or sickness disability.....................................HB 412 Hazardous substances; disclosure to employees.............................................................HB 206 Income tax; filing; withholding certificate......................................................................HB 624 Joint Small Businesses in Georgia Study Committee; create.........................................SR 17 Occupational Regulation Review Advisory Council; establish.....................................HB 850 Private Employment Agencies Act; repeal........................................................................SB 10 Public officials; employment and financial disclosure form; file ................................HB 492 State government; unemployment compensation claims; payment ............................HB 485 Teenage and Youth Unemployment Study Committee..................................................HR 11 ENERGY Biomass; sales tax exemption ...........................................................................................HB 479 Coal pipeline companies; eminent domain.....................................................................HB 450 Electric utility; new construction; certification of need ...............................................HB 874 Electric utility; new construction; certification of need .............................................HB 1090 Joint Public Utility Rate-making Process Study Committee; create............................SR 94 Public Service Commission; nuclear generating plants; prudency determination...................................................................................................................SB 263 Resource Conservation and Development Program; relative to..................................HR 313 Solar energy equipment; sales tax exemption ..................................................................HB 94 Utilities; nuclear generating plants; costs........................................................................SB 111 EQUAL RIGHTS; civil rights; prohibit discrimination because of race, sex, national origin, religion, or ancestry - CA..................................................HR 68 ESTATES Administrators and executors; bond................................................................................HB 966 Guardian and ward; estate plan; minimize taxes ..........................................................HB 493 Intestacy; deposit money.....................................................................................................HB 61 Intestacy; spouse's or child's amount ..............................................................................HB 119 Joint tenancy; security interests; severance......................................................................HB 62 Partition of property..........................................................................................................HB 363 Wills; probate court; jurisdiction......................................................................................HB 735 Wills; probate in solemn form; beneficiaries.....................................................................SB 46 Year's support; sale of property.........................................................................................HB 60 ETOWAH-FORSYTH WATER AUTHORITY; sewage systems............................HB 973 ETOWAH WATER AND SEWER AUTHORITY; revenue bonds.........................SB 281 EVANS COUNTY Industrial Development Authority; extend Constitutional Amendment ...................HB 819 Wildlife Club of Evans County; commend .....................................................................HR 368 EVIDENCE Child abuse; admissibility...................................................................................................HB 18 Child abuse; admissibility .................................................................................................HB 292 Child abuse; confidentiality..............................................................................................HB 383 Correctional officers; witness fees .......................................................................................SB 27 Criminal cases; child victim or witness; speedy trial..................................................HB 1087 Death penalty; eliminate ...................................................................................................HB 390 Estates; appraisement of property ....................................................................................SB 208 Evidence; crime victim; present in court........................................................................HB 217 Libel actions...........................................................................................................................SB 77 Libel; visual or sound broadcast.....................................................................................HB 1123 Refer to numerical index for page numbers INDEX 2511 EVIDENCE (Continued) Medical information; release by physicians....................................................................HB 962 Sexual contact; minors; hearsay evidence.......................................................................HB 289 Sexual offenses; admissible evidence; minors.................................................................HB 757 Sexual offenses; victim 14 years of age or under; testimony .........................................HB 27 State government; legal proceedings and hearings; certain fees .................................HB 470 Trials; child victim or witness; videotaped deposition ...............................................HB 1086 Victim of crime; present at trial .........................................................................................SB 74 EXAMINING BOARDS (See Licenses or Professions and Businesses) EXCISE TAX Cigar tax; rate......................................................................................................................HB 775 Distilled spirits; amend provisions...................................................................................HB 945 Distilled spirits and alcohol ..............................................................................................HB 463 Table wines..........................;...............................................................................................HB 564 FAIRMOUNT, CITY OF; council members; terms......................................................HB 636 FAMILY (Also, see Domestic Relations) Family violence; court order violation; penalty .............................................................HB 273 Family violence shelters; employees assist petitioners .................................................HB 614 Income tax credits; child care, household, and dependent care expenses .........................................................................................................--......HB 765 FANNIN COUNTY; board of registrations and elections...............--.....................HB 1103 FARM PRODUCTS AND SALES Commercial Code; mechanics' liens; farm equipment ..................................................HB 239 Farm foreclosures; moratorium; imposition....................................................................HR 183 Farm wineries; sales regulations.................................................................--..................HB 567 Farmers; endangered species; urge Congressional action .............................................HR 153 Federal Marketing and Bargaining Act; urge enactment.............................................. SR 154 Georgia Farm Bureau Day; proclaim February 7, 1985................................................HR 157 Motor vehicles; transporting hay bales; weight limits ................................................HB 1066 Sales tax; certain farmers; exemption .............................................................................HB 753 FAYETTE COUNTY Board of education; appoint superintendent..................................................................HB 781 Probate judge; compensation..........................................................................................HB 1026 School district; ad valorem tax exemption; elderly and disabled...............................HB 780 Sheriff; compensation.......................................................................................................HB 1027 Superior court clerk; compensation...............................................................................HB 1025 Tax commissioner; compensation...................................................................................HB 1024 FEDERAL GOVERNMENT Amtrak; urge continued operation...................................................................................HR 294 Balanced budget; amendment to U.S. Constitution; urge support--.......................HR 271 Campaigns; persons receiving certain compensation; prohibited activities........................................................................................................HB 717 Deceptive practices; conform to federal odometer regulations....................................HB 448 District of Columbia; representation; ratify amendment to U.S. Constitution ............................................................................................................HR 103 Refer to numerical index for page numbers 2512 INDEX FEDERAL GOVERNMENT (Continued) District of Columbia; representation; ratify amendment to U.S. Constitution.............................................................................................................SR 184 Farm foreclosures; moratorium; imposition....................................................................HR 183 Farmers; endangered species; urge Congressional action.............................................HR 153 Federal Marketing and Bargaining Act; urge enactment..............................................SR 154 Federal Medicaid expenditures; urge rejection of proposal to cap growth...................................................................................................................HR 389 Flipper, Lt. Henry O.; commemorative postal stamp...................................................HR 292 Garnishments; federal courts; continuance.....................................................................HB 938 General revenue-sharing program; urge continuation...................................................HR 394 Interstate highways; urge use by certain trucks............................................................HR 393 Kessler, Dr. W. D. and family; expressing support.........................................................HR 58 Medical assistance; eyeglass program; urge use of previous system...........................HR 295 Oconee, City of; relative to post office............................................................................HR 278 Public officials; U.S. felony indictment; suspension.....................................................HB 148 School lunch program; federal support...........................................................................HR 350 Textile and apparel imports; moderate growth; urge Congress ..................................HR 166 U. S. Senators and Representatives; vary compensation; certain prohibitions...........................................................................................................SR 14 U.S. Representative or Senator; registered voter ............................................................HR 54 Vets dioxin or radiation exposure; praise Congressional Act ......................................HR 439 Vietnam War; prisoners of war and persons missing in action; resolve certain issues.......................................................................................................SR 190 FERGUSON, LUCY RICKETSON; recognize ............................................................HR 443 FINANCIAL INSTITUTIONS Abandoned property; time for filing; claims ...................................................................SB 140 African Development Bank; certain investments...........................................................SB 144 Bank holding companies; out-of-state banks; acquisition.....................................,....HB 1134 Bank holding companies; regulations; non-Georgia banks; representative offices.......................................................................................................SB 136 Bank holding companies; subsidiaries; acquisition of branches...................................SB 216 Branch banking; metropolitan statistical area; define ..................................................HB 279 Branch banking; metropolitan statistical area; define.....................................................SB 65 Commercial Code; definition of bank..............................................................................HB 375 Commercial Code; financing statement; maturity date................................................HB 712 Counties and municipalities; occupation tax..................................................................HB 649 Court orders; response time..............................................................................................HB 173 Credit unions; classes of shares ........................................................................................HB 374 Credit unions; secure funds...............................................................................................HB 648 Electronic banking; checks or money orders...................................................................SB 138 Fiduciaries; certain investments........................................................................................SB 112 Financial institutions; certain orders; compliance..........................................................SB 137 Industrial Loan Act; certain colleges and universities; exemption .............................HB 437 Insurance Premium Finance Company Act; amend provisions.................................HB 1112 Interstate banking; include Arkansas..............................................................................HB 724 Judgments; interest and usury .......................................................................................HB 1120 Local governments; revenue bonds; investment of proceeds........................................SB 262 Mortgage Loan Company and Loan Broker Act; enact................................................HB 875 Residential Finance Authority; credit unions................................................................HB 372 Retail installment contracts; time price differential.....................................................HB 242 Retirement funds; South African institutions; investments ........................................HB 348 State funds; South African institutions; investments...................................................HB 349 FIRE PROTECTION Burning woods, lands, marshes, and other areas; notify forest ranger .........................SB 98 Refer to numerical index for page numbers INDEX 2513 FIRE PROTECTION (Continued) Day-care homes or centers; safety fire regulations........................................................HB 369 Fire department; definition...............................................................................................HB 638 Fire hydrants; reflective markings.....................................................................................HR 79 Fire safety inspections; hospitals; state fire marshal.....................................................SB 114 Firefighter organizations; false representation...............................................................HB 222 Firefighter Training and Standards Council; membership..........................................HB 885 Firemen; false representation; prohibit..............................................................................SB 42 Firemen's Recognition Day; recognize.............................................................................HR 137 Fireworks; regulate sale; permits......................................................................................HB 264 Indemnification; law enforcement officer, fireman, guard; application ........................SB 53 Landmark museum buildings; definition........................................................................HB 368 Personal care homes; safety standards................................................................................HB 2 FIREARMS Abandonment; certain weapons; disposal by sale or destruction................................HB 303 Criminal trespass; private property; weapons.................................................................SB 212 Forced entry; justification for protecting home.............................................................HB 113 Stun gun or taser; definition...........................................................................................HB 1109 Weapons; exemptions; certain public officials...............................................................HB 572 Weapons; possession; retired peace officer; certain exceptions ...................................HB 889 FIREWORKS; regulate sale; permits ...............................................................................HB 264 FISH (Also, see Game and Fish) Bait shrimping; nets..............................................................................................................SB 94 Commercial fishermen; crab bait; sales tax exemption................................................HB 285 Commercial fishermen; crab bait; sales tax exemption................................................HB 316 Honorary licenses; certain veterans ...............................................................................HB 1128 Right whale; state marine mammal....................................................................................SR 91 FITZPATRICK, DUROSS; commend............................................................................HR 241 FLEMING, CHARLES E.; commend.............................................................................HR 335 FLEMING, SCOTT; commend ...........................................................................................HR 37 FLEXER, HONORABLE WINEBERT DAN II; condolences................................HR 257 FLIPPER, LT. HENRY O.; commemorative postal stamp.........................................HR 292 FLOWERS, PAIGE; commend ...........................................................................................HR 38 FLOYD COUNTY Chubbs, Chief Deputy Eddie; commend.........................................................................HR 158 Hospital authority; vacancies............................................................................................HB 980 Lemming, Sergeant George; commend............................................................................HR 162 Merit system; exemptions..................................................................................................HB 978 Property conveyance; certain counties; municipalities...................................................HR 91 Rome-Floyd County Development Authority; extend Constitutional Amendment...........................................................................................HB 937 FLOYD, PATRICIA; commend .......................................................................................HR 304 FOOD Food service establishments; define and regulate ..........................................................SB 268 Georgia Food Act; penalty for violation..........................................................................HB 916 Non-medical health care practitioners; licensing.........................................................HB 1121 Restaurants establishing nonsmoking areas; commend................................................HR 377 Sales tax; exemption...........................................................................................................HB 145 FORE, HOWARD; commend...............................................................................................HR 39 Refer to numerical index for page numbers 2514 INDEX FORECLOSURE Farm foreclosures; moratorium; impoaition....................................................................HR 183 Joint tenancy; security interests; severance......................................................................HB 62 Real estate; foreclosure sales; advertisement ...................................................................HB 26 FORESTS AND PLANT RESOURCES Bionjass; sales tax exemption ...........................................................................................HB 479 Burning woods, lands, marshes, and other areas; notify forest ranger .........................SB 98 Income tax credits; conservation tillage equipment...........................,........................HB 1111 Logging Safety Study Committee; create .......................................................................HR 414 Registered foresters; special lien on real estate .............................................................HB 191 Timber sales; purchaser furnish certain information.....................................................SB 232 FORSYTH COUNTY Board of education; compensation...................................................................................HB 974 Board of education; extend Constitutional Amendment..............................................HB 295 Cherokee and Forsyth Counties; state court; terms......................................................HB 563 Etowah-Forsyth Water Authority; sewage systems.......................................................HB 973 Homestead exemption; elderly .........................................................................................HB 395 Superior court; change terms..............................................................................................HB 37 FRAUD Insurance; definition...........................................................................................................HB 353 Insurance; definition ...........................................................................................................SB 131 Medical assistance ..............................................................................................................HB 543 Public housing; fraudulently obtaining; penalty..............................................................HB 30 FREEMASONRY; commend certain order.....................................................................HR 321 FUEL (See Gas, Gasoline and Gas Service) FULTON COUNTY Atlanta-Fulton County Recreation Authority; change provisions...............................HB 825 Atlanta-Fulton County Recreation Authority; provisions ............................................HB 497 Board of health; create .......................................................................................................SB 221 Building authority; indebtedness .....................................................................................HB 275 Commissioners; chairman's election.................................................................................HB 923 Commissioners; chairman's election...............................................................................HB 1046 Competitive bids; change provisions................................................................................HB 824 Conflicts of interest; zoning changes ...............................................................................HB 713 Education districts..............................................................................................................HB 399 Fulton and DeKalb Counties; annexation; certain areas; population classification....................................................................................................................HB 820 Fulton and DeKalb Counties; tax collectors and commissioners; ex-officio sheriffs; population classification................................................................HB 761 Fulton and DeKalb Counties; zoning procedures ..........................................................HB 325 Health rules; public nuisances; certain counties............................................................HB 407 Magistrate court; jurisdiction ...........................................................................................HB 647 State court; cost and service fees.....................................................................................HB 469 Voter registration; post card ..............................................................................................SB 168 Zoning procedures...............................................................................................................HB 457 FUNERAL DIRECTORS; examination; amend provisions ...........................................SB 92 FUQUA, REAR ADMIRAL SAMUEL GLENN; recognize....................................HR 243 Refer to numerical index for page numbers INDEX 2515 G GAINESVILLE, CITY OF Ad valorem tax exemption; elderly ................................................................................HB 1116 Property conveyance; certain counties; municipalities ...................................................HR 91 GAINESVILLE HIGH SCHOOL BOYS' BASKETBALL TEAM; commend ..............................................................................................................HR 428 GAMBLING Antique slot machines; possess, manufacture, or transfer parts; certain prohibitions ........................................................................................................HB 205 Lotteries; chain letter or pyramid club ..............................................................................SB 62 Lotteries; charitable organizations; provide - CA............................................................HR 19 Lottery equipment; manufacture, sale, and transport....................................................HB 99 Pari-mutuel wagering; certain counties - CA.................................................................HR 108 State lottery; educational purposes; indigent care - CA.................................................HR 78 State lottery; provide .........................................................................................................HB 337 GAME AND FISH Bait shrimping; nets..............................................................................................................SB 94 Commercial fishermen; crab bait; sales tax exemption ................................................HB 285 Commercial fishermen; crab bait; sales tax exemption ................................................HB 316 Hunting and fishing; honorary licenses; certain veterans ..........................................HB 1128 Natural Resources; certain nongame wildlife programs; establish..............................HB 495 Negligent hunting; suspension of license ........................................................................HB 244 Raccoon, bobcat, or fox; bag limits..................................................................................HB 124 Raccoon dealers; license fees.............................................................................................HB 846 Right whale; state marine mammal....................................................................................SR 91 Trapping; highways; certain prohibitions .......................................................................HB 480 Waterfowl; develop official stamp......................................................................................HB 96 Wild animal business; license fees...................................................................................HB 306 GARDEN WEEK IN GEORGIA; designate.................................................................HR 100 GARNISHMENT Child or spousal support ...................................................................................................HB 155 Federal courts; continuance ..............................................................................................HB 938 Financial institutions; court orders; response time.......................................................HB 173 Payment of expenses............................................................................................................HB 59 Summons; defendant's social security number ..............................................................HB 786 Tax collections ....................................................................................................................HB 341 GARRETT, L ANETTE; commend ..................................................................................HR 374 GAS, GASOLINE AND GAS SERVICE Alcoholic beverages; prohibit sales; certain stores.........................................................HB 140 Coal pipeline companies; eminent domain .....................................................................HB 450 Gasoline marketing practices; Below Cost Sales Act.....................................................SB 108 Gasoline marketing practices; retail sales.......................................................................HB 449 Self-service gasoline retailers; required services ..........................................................HB 1022 Underground storage tanks; registration.........................................................................HB 644 GENERAL ASSEMBLY Adjourn 1/25/85; reconvene 2/4/85 ......................................................................................HR 8 Adjourn 2/22/85; reconvene 2/25/85.................................................................................SR 169 Adjourn 3/1/85; reconvene 3/4/85 ....................................................................................HR 310 Adjourn 3/6/85; reconvene 3/8/85 .....................................................................................SR 246 Adjourn sine die; 3/8/85 ....................................................................................................HR 453 Agricultural Exposition Authority Overview Committee; create ................................HB 254 Claims Advisory Board; certain claims; process............................................................HB 257 Code of Georgia; codification ............................................................................................HB 161 Refer to numerical index for page numbers 2516 INDEX GENERAL ASSEMBLY (Continued) Code of Georgia; publication.............................................................................................HB 162 Elections; financial disclosure; General Assembly candidates....,................................HB 150 Fiscal Note Act; delete retirement bill provisions.........................................................HB 228 General appropriations; FY 1985-86................................................................................HB 226 Georgia Building Authority; definition of project .........................................................HB 587 Georgia Occupational Regulation Review Advisory Council; establish......................HB 850 Georgia's local retirement systems; analysis...................................................................HR 102 House of Representatives; reapportion certain districts ..............................................HB 684 House of Representatives; reapportion certain districts ..............................................HB 968 House of Representatives; reapportion districts 28 and 34 .........................................HB 181 Initiative petition; power to enact or reject - CA..........................................................HR 107 Initiative petition; power to enact or reject - CA..........................................................HR 110 Joint Session; Governor's message.......................................................................................HR 5 Joint Session; Governor's message .......................................................................................HR 6 Joint Session; Governor's message; invite Justices of the Supreme Court and Judges of the Court of Appeals.....................................................................HR 7 Legislative branch; appropriations...................................................................................HB 151 Legislative Counsel; social security payments................................................................HB 498 Legislative Counsel; Employees' Retirement provisions...............................................HB 110 Legislative Education Research Council; change name to House Research Council ..............................................................................................HB 1127 Legislative retirement; creditable service;.......................................................................HB 396 Legislative Services Committee; construction, maintenance, renovation, and furnishing of certain areas; amend provisions...............................HB 776 Legislative Services Committee; membership ................................................................HB 147 Legislators of the Year; plaque placed in State Capitol ................................................HR 17 Members; terms - CA..............................................................................................................SR 5 Members; travel expenses ..................................................................................................SB 149 Members' expenses; reimbursement ................................................................................HB 229 Members' salary ....................................................................................................................HB 78 1984 Summer Olympic Games participants; invite to General Assembly .................HR 261 Nonfiscal retirement bills; introduction; amend provisions.........................................HB 282 Notify Governor; General Assembly convened ..................................................................HR 2 Notify Senate; House convened ...........................................................................................HR 1 Registered agents and employers; reports; file with Secretary of State .........................................................................................................HB 1137 Reprieves, pardons; General Assembly provide by law - CA.......................................HR 444 Retirement; certain creditable service.............................................................................HB 252 Retirement; creditable service ...........................................................................................SB 105 Secretary of Senate and Clerk of House; fees................................................................HB 111 Secretary of Senate and Clerk of House; fees................................................................HB 149 Secretary of State; printing of maps ...............................................................................HB 787 Speaker of House; 6-year term - CA.................................................................................HR 26 State departments; General Assembly veto rules and regulations - CA.......................SR 46 State government; annual personnel report; copy to General Assembly members .........................................................................................................HB 783 State property conveyance; General Assembly resolution............................................HB 704 State Commission on Legislative Compensation; create ................................................HR 70 State Personnel Board; certain committees; review rules .............................................SB 145 State Personnel Board; rules and regulations; review ....................................................HB 77 State Properties Commission; power; amend provisions ..............................................HB 617 Supplemental appropriations; FY 1984-85 .........................................................................HB 1 Supplemental appropriations; FY 1984-85 .........................................................................HB 4 Supplemental appropriations; FY 1984-85 .....................................................................HB 475 GEORGIA BUILDING AUTHORITY Definition of project...........................................................................................................HB 587 Georgia Building Authority Police; provide ....................................................................SB 155 Refer to numerical index for page numbers INDEX 2517 GEORGIA BUREAU OF INVESTIGATION (GBI) Cocaine Task Force; create ................................................................................................SB 147 Correctional institutions; violent death of inmate; notify GBI ....................................SB 217 Motor vehicle Certificate of Title; certain designations; notify GBI............................HB 54 GEORGIA CITIZENS FOR THE ARTS; commend .................................................HR 117 GEORGIA CONGRESS OF PARENTS AND TEACHERS; commend .............HR 192 GEORGIA FARM BUREAU DAY; proclaim February 7, 1985...............................HR 157 GEORGIA HOMECOMING IN 1988; recognize .......................................................HR 406 GEORGIA POWER COMPANY; commend.................................................................HR 191 GEORGIA RECREATION AND PARKS SOCIETY; commend..........................HR 179 GEORGIA SPECIAL OLYMPICS; honor ...................................................................HR 177 GEORGIA SPORTS HALL OF FAME; recognize .....................................................HR 207 GEORGIA TECH Football team; invite to House...........................................................................................HR 93 Recognize on 100th Anniversary ......................................................................................HR 175 GILMER COUNTY Commissioner; compensation..........................................................................................HB 1099 Tax commissioner; compensation...................................................................................HB 1049 GIRL SCOUT GOLD AWARD RECIPIENTS; commend........................................HR 80 GIST, ROBERT E.; commend ..........................................................................................HR 337 GLASCOCK COUNTY; superior court clerk; salary ..................................................HB 1029 GLENNVILLE, CITY OF; mayor and council .............................................................HB 862 GLYNN COUNTY Board of education; compensation....................................................................................SB 271 Brunswick-Glynn County Charter Commission; extension ..........................................HB 420 Commissioners; compensation ..........................................................................................HB 589 Convey property; St. Simon's Island................................................................................SR 102 Coroner; compensation.......................................................................................................HB 646 Glynn County-Brunswick; charter commission; extend Constitutional Amendment ...........................................................................................HB 419 Property conveyance; certain counties; municipalities ...................................................HR 91 Sheriff; automobiles ............................................................................................................SB 272 Superior court clerk; personnel ........................................................................................HB 421 GODFREY, JANA; commend ...........................................................................................HR 448 GODFREY, OFFICER JOHN; commend......................................................................HR 163 GOLDEN, JASON; commend ...........................................................................................HR 344 GOVERNOR Address.................................................................................................................................Page 68 Address...............................................................................................................................Page 184 Communication...................................................................................................................Page 19 Governor's Private Sector Survey Committee on Cost Control in State Government; create .........................................................................................HR 398 Joint Session; Governor's message.......................................................................................HR 5 Joint Session; Governor's message.......................................................................................HR 6 Refer to numerical index for page numbers 2518 INDEX GOVERNOR (Continued) Joint Session; Governor's message; invite Justices of the Supreme Court and Judges of the Court of Appeals....................................................HR 7 Notify Governor; General Assembly convened ..................................................................HR 2 GRANTS Certain proprietary institutions; student incentive grants...........................................HB 732 Educational grants and loans; draft registration ...........................................................HB 969 Local government audits; comply with federal requirements......................................HB 858 Tuition equalization grants; private colleges and universities; remove limitation...................................................,........................................................HB 794 GRANTVILLE, CITY OF; new charter .......................................................................HB 1075 GREEN, HONORABLE JACK POWELL; condolences...........................................HR 403 GREENE COUNTY Board of education; election; extend Constitutional Amendment..............................HB 834 Development Authority; extend Constitutional Amendment ......................................HB 833 Highways; University of Georgia; erect directional sign...............................................HR 238 GREENE, LANCE; commend ...........................................................................................HR 285 GRIFFIN, CITY OF Commission districts ..........................................................................................................HB 755 Griffin-Spalding County Development Authority; extend Constitutional Amendment.............................................................................--........---SB 188 Property conveyance; certain counties; municipalities ...................................................HR 91 GUARDIAN AND WARD; estate plan; minimize taxes.............................................HB 493 GUARDS Aggravated battery upon correctional officer; define ......................................................SB 26 Correctional officers; witness fees .......................................................................................SB 27 Indemnification; law enforcement officer, fireman, guard; application ........................SB 53 GUESS, GEORGE; place portrait in State Capitol .......................................................HR 203 GUIDO, REVEREND MICHAEL; invite to House..-.......................................-.......HR 59 GWINNETT COUNTY Homestead exemption; elderly .........................................................................................HB 841 School taxes; collection costs ............................................................................................HB 851 H HABEAS CORPUS; judge hold proceeding at institution..............................................SB 90 HABERSHAM COUNTY Board of commissioners.....................................................................................................HB 870 Board of education; certain funds; extend Constitutional Amendment ....................HB 801 Board of education; certain funds; extend Constitutional Amendment ..................HB 1133 Industrial Development Authority; extend Constitutional Amendment ...................HB 802 School tax exemption; elderly or disabled; extend Constitutional Amendment ...........................................................................................HB 806 HALL COUNTY Ad valorem tax exemption; elderly ................................................................................HB 1115 Refer to numerical index for page numbers INDEX 2519 HALL COUNTY (Continued) Property conveyance; certain counties; municipalities ...................................................HR 91 State court; assistant solicitor...........................................................................................HB 330 HAMBY, CHRISTINE CAROL; compensate ..............................................................HR 224 HAMBY, M. L. "SHORTY"; commend..........................................................................HR 193 HAMILTON, HONORABLE GRACE TOWNS; recognize.....................................HR 140 HAMMONDS, EDDIE, JR.; compensate ........................................................................HR 22 HANDICAPPED PERSONS Access to public facilities; certain exemptions...............................................................HB 685 Center for Rehabilitation Technology Study Committee; create................................HR 167 Developmentally disabled persons; habilitation ............................................................HB 873 Handicapped children; special education services.........................................................HB 262 Handicapped children; special education services; expenses .......................................HB 263 Handicapped children; standard of care.........................................................................HB 586 Head-injured persons; registration.......................................................................................HB 3 Human Resources provide services.....................................................................................SB 22 Income tax; elderly or disabled person; additional exemption......................................HB 12 Insurance coverage; blind persons; certain prohibitions................................................SB 204 Parking violations; towing expenses .................................................................................SB 182 Polling places; handicapped voters; access .......................................................................HB 76 Public buildings; access ........................................................................................................SB 20 Public facilities; access.......................................................................................................HB 506 Public officials and employees; contracts with agencies; exception ..............................SB 54 Vocational education; certain state funds.......................................................................HB 339 HARDISON, DUDLEY H. "SLICK"; commend ........................................................HR 380 HARRIS, ROY V., SR.; condolences ...............................................................................HR 131 HARRISON, ERNEST W.; recognize .............................................................................HR 145 HART COUNTY; Industrial Building Authority; extend Constitutional Amendment .............................................................................................HB 1003 HAWTHORNE, H.L. "BUD"; commend........................................................................HR 438 HAZARDOUS SUBSTANCES Disclosure to employees..........,..........................................................................................HB 206 Hazardous Materials Emergency Response Advisory Council; create..........................HR 27 Hazardous materials; immunity for certain assistance.................................................HB 153 Hazardous Waste Management Act; amend provisions................................................HB 168 Motor carriers; transport hazardous materials; regulations.........................................HB 507 Transportation of Hazardous Materials Act; new Code Chapter ................................SB 214 Transportation of Hazardous Materials Act; provide ...................................................HB 917 HAZLEHURST, CITY OF; commissioners; elections................................................HB 1069 HEALTH Abortion; certain minors or incompetent persons; notices...........................................HB 310 Abortion; disposal of fetus ................................................................................................HB 683 Alcoholism and drug abuse; clinical records; release ....................................................HB 793 Birth or death registration; fees paid by county treasurer ..........................................HB 716 Breast cancer treatments; distribution of information.................................................HB 615 Cancer Advisory Committee; terms of membership........................................................HB 13 Certain medical facilities; report non-accidental injuries.............................................HB 250 Child Abuse Action Fund; establish ..............................................................................HB 1107 Clinical laboratory technicians; function under certain supervision ..........................HB 904 Refer to numerical index for page numbers 2520 INDEX HEALTH (Continued) Community care; lead agencies; serviceg..........................................................................SB 233 County boards of health; certain consolidated government; services..........................SB 134 County boards of health; membership, appointment...................................................-HB 689 Crimes and offenses; baiting an animal ..........................................................................HB 934 Crimes and offenses; sale of human body parts .............................................................SB 146 CPR; encourage schools to expand programs.................................................................HR 291 Day-care homes and centers; safety fire regulations.....................................................HB 369 Death certificates; filing; voter registration officer .......................................................HB 659 Developmentally disabled persons; habilitation ............................................................HB 873 Emergency care facility; urge in southeast DeKalb County ........................................HR 358 Emergency hospital care for pregnant patients; repeal; ...............................................HB 196 Employees of Department of Human Resources and ACTION, the National Volunteer Agency; commend........................................................................HR 216 Fire safety inspections; hospitals; state fire marshal.....................................................SB 114 Food service establishments; define and regulate ..........................................................SB 268 Fulton County; board of health; create.................................................,..........................SB 221 Georgia Hazardous Waste Management Act; amend provisions.................................HB 168 Handicapped persons; Human Resources provide services.............................................SB 22 Hazardous substances; disclosure to employees.............................................................HB 206 Head-injured persons; registration.......................................................................................HB 3 Health care facilities; reports to Health Planning Agency ..........................................HB 483 Health insurance; group plans; grace period .....................................................................SB 60 Health insurance; long-term care services; coverage....................................................HR 190 Health insurance; optional provisions; policy language.................................................SB 235 Health Planning Agency; rules and notices; indigent pregnant women; cost of care ........................................................................................................HB 484 Health rules; public nuisances; certain counties............................................................HB 407 Hospital authorities; audit certain information report .................................................HB 347 Hospital authorities; terms..............................................................................................HB 1023 Hospital authorities; two local governments; membership ..........................................HB 641 Hospital cost containment; provide .................................................................................HB 811 Hospital Cost Containment Study Committee; create .................................................HR 362 Hospitalization for tuberculosis; hearings.......................................................................HB 366 Income tax refunds; setoff collections; claimant agencies..........................................HB 1108 Indigent Health Care Provider Reimbursement Fund; provide..................................HB 556 Indigent pregnant women; cost of health care...............................................................HB 487 Indigent pregnant women; county of residence .............................................................HB 561 Indigent pregnant women; hospital care..........................................................................SB 132 Insect stings; treatment with epinephrine...........................................................................SB 5 Insurance; health care providers; contracts....................................................................HB 696 Joint Drug Classification Study Committee; create........................................................HR 86 Kidney Disease Advisory Committee; membership ......................................................HB 645 Living wills; certain form ...................................................................................................SB 191 Living wills; forms ..............................................................................................................HB 446 Long-term care facilities; covered entranceway.............................................................HB 573 Medical assistance; eyeglass program; urge use of previous system ...........................HR 295 Medical assistance; fraud...................................................................................................HB 543 Medical assistance; reciprocal arrangements..................................................................HB 199 Medical information; release by physicians....................................................................HB 962 Medicare and Medicaid providers; recognize .................................................................HR 388 Mentally ill persons; hearing officers; fees .........................................................................HB 6 Mentally ill persons; involuntary hospitalization ...........................................................SB 153 Mentally ill persons; voluntary transfer; state facilities...................................................HB 5 Mentally incompetent persons; sterilization...................................................................HB 237 Mentally incompetent persons; sterilization ...................................................................SB 110 Mentally retarded persons; service; court order for examination ...............................HB 313 Refer to numerical index for page numbers INDEX 2521 HEALTH (Continued) Mentally retarded persons; transfer custody..................................................................HB 207 Nonmedical health care practitioners; licensing..........................................................HB 1121 Personal care homes; permits ...........................................................................................HB 777 Personal care homes; personnel record checks...............................................................HB 461 Personal care homes; safety standards................................................................................HB 2 Physical therapy; disciplinary sanctions.........................................................................HB 180 Physical therapy; programs of treatment .......................................................................HB 329 Post-mortem Exam; death of hospice patient ................................................................SB 200 Post-mortem Exam; removal of pituitary glands ..........................................................HB 249 Prescription drugs; warning label, nutritional deficiencies..........................................HB 972 Public emergency medical technicians; indemnification..............................................HB 268 Public emergency medical technicians; indemnification - CA;......................................HR 69 Rabies inoculation; cats...................................................................................................HB 1114 Rabies; inoculate felines ......................................................................................................HB 42 Respiratory Care Practices Act; enact................................................................................SB 32 Sales tax exemption; machinery and equipment for research .....................................HB 810 Schools; scoliosis screening; notices ..................................................................................SB 165 Staffing in Mental Health Facilities Joint Study Committee; create .............................SR 8 State Board of Education; health improvement program; establish ............................HB 49 State Boxing and Wrestling Commission; create.............................................................HB 39 State lottery; educational purposes; indigent care - CA.................................................HR 78 State Port Facilities Accident Study Committee; create ...............................................HR 10 Workers' Compensation; employees select physician....................................................HB 435 Workers' Compensation; reimbursement; health care providers..................................SB 161 HEALTH INSURANCE Contracts..............................................................................................................................HB 696 Group plans; cancellation ..................................................................................................HB 212 Group plans; grace period ....................................................................................................SB 60 Hospital cost containment; provide .................................................................................HB 811 Insurance Code; amend provisions....................................................................................SB 257 Jurisdiction ..........................................................................................................................HB 456 Long-term care services; coverage....................................................................................HR 190 Motor vehicle insurance; reduce benefits; certain health plans ..................................HB 276 Optional provisions; policy language ................................................................................SB 235 Public School Employees Retirement; health insurance plan; retirees......................HR 125 Requirements.......................................................................................................................HB 454 State employees; flexible employee benefit plan............................................................SB 113 Workers' Compensation; reimbursement; health care providers..................................SB 161 HEARD COUNTY Commissioner; compensation............................................................................................HB 320 Education districts............................................................................................................HB 1088 Probate judge; compensation ............................................................................................HB 322 Sheriff; compensation.........................................................................................................HB 323 Superior court clerk; compensation .................................................................................HB 324 Tax commissioner; compensation.....................................................................................HB 321 HEARING (Also, see Handicapped Persons) Speech-Language Pathology and Audiology, State Board of; enact...........................HB 112 HELEN, CITY OF; new charter .......................................................................................HB 451 HENDERSON, HONORABLE ZACH S.; condolences .............................................HR 146 HENRY COUNTY Ad valorem tax; freeport exemption; extend Constitutional Amendment................HB 771 Ad valorem tax; water and sewerage; extend Constitutional Amendment................HB 772 Refer to numerical index for page numbers 2522 INDEX HENRY COUNTY (Continued) Board of education; provisions; extend Constitutional Amendment..........................HB 768 Commissioners; financial statement.................................................................................HB 774 Community improvement districts ..................................................................................HB 994 Development Authority; extend Constitutional Amendment ......................................HB 767 Development Authority; members ...................................................................................HB 726 Education districts..............................................................................................................HB 993 Excise tax; racetracks and activities; unincorporated area ..........................................HB 766 Probate judge; nonpartisan election ................................................................................HB 773 Water and Sewerage Authority; members holding other public offices.....................HB 769 Water and sewerage bonds; extend Constitutional Amendment ................................HB 770 HERITAGE HIGH SCHOOL; commend.......................................................................HR 244 HICKS, FLORA GARRISON; commend ......................................................................HR 401 HIGHWAYS, BRIDGES AND FERRIES Antebellum Trail; designate................................................................................................HR 52 Antebellum Trail; designate.................................................................................................SR 31 Archie L. Lindsey Memorial Bridge; designate ...............................................................HR 21 Board of Transportation; call for 7th and 8th District elections .............................Page 166 Board of Transportation; election; James L. Conner, 8th District...........................Page 407 Board of Transportation; election; Otis Brumby, Jr., 7th District...........................Page 410 Burning woods, lands, marshes, and other areas; notify forest ranger .........................SB 98 Captain William Cone Bridge; designate ........................................................................HR 236 Charles A. Lindbergh; erect historical marker.................................................................HR 20 Charlie Kendrick Memorial Bridge; designate...............................................................HR 200 Colonel Mancel Newman Bridge; designate ...................................................................HR 330 Corridor Z Highway Name Study Committee; create ...................................................SR 118 Doctors Floyd Bridge; designate ......................................................................................HR 235 Driving under the influence accidents; serious injuries; penalty ................................HB 496 Fire hydrants; reflective markings .....................................................................................HR 79 Hazardous Materials Emergency Response Advisory Council; create..........................HR 27 Highways; private driveways; delete certain prohibitions ............................................HB 797 Highways; projecting loads; lights or flags...........................................................,..........HB 201 Highways; trapping; certain prohibitions........................................................................HB 480 Highways; weight and load of vehicles............................................................................HB 122 Highways; weight and load of vehicles; certain permits...............................................HB 232 Highways; University of Georgia; erect directional sign...............................................HR 238 Horace "Gus" Layson Memorial Bridge; designate ...........................................................SR 6 I. M. Peeples Memorial Bridge; designate......................................................................HR 165 I. M. Peeples Memorial Bridge; designate.........................................................................SR 33 Interstate highways; urge use by certain trucks ............................................................HR 393 Jimmy Carter Parkway; designate .....................................................................................HR 55 Joint Savannah Transit Authority Study Committee; create...............,........................HR 53 Joint Tandem Trailer Access to Public Roads Study Committee; create...................HR 74 License plates; staggered registration ..............................................................................HB 287 License plates; staggered registration..............................................................................HB 401 Litter control; poultry feathers.........................................................................................HB 389 Motor carriers; exclusion; mobile homes or manufactured housing ...........................HB 610 Motor carriers; flat-bed trailers; length ..........................................................................HB 376 Motor carriers; flat-bed trailers; length ..........................................................................HB 591 Motor carriers; flat-bed trailers; length ..........................................................................HB 692 Motor carriers; sales tax exemptions; certain items...................,..................................HB 590 Motor fuel tax; nonhighway use; exemption ..................................................................HB 431 Motor vehicles; consumption of alcoholic beverages while driving.............................HB 414 Motor vehicles; consumption of alcoholic beverages while driving.............................HB 489 Motor vehicles; flashing signals; below speed limits .....................................................HB 169 Refer to numerical index for page numbers INDEX 2523 HIGHWAYS, BRIDGES AND FERRIES (Continued) Motor vehicles; seat belts; requirement ............................................................................HB 38 Motor vehicles; tire covers; requirement.........................................................................HB 534 Motor vehicles; transport hay bales; weight limits......................................................HB 1066 MARTA; add member to Board ......................................................................................HB 238 MARTA; add members to Board.......................................................................................HB 36 MARTA; employees' benefits; repeal certain limitation................................................HB 46 MARTA; labor relations officer; appoint........................................................................HB 736 Pedestrians under the influence; penalties.....................................................................HB 117 Railroads; underpass or overpass; public hearing..........................................................HB 123 Richard B. Neville Memorial Bridge; designate............................................................HR 174 Special county one percent sales tax; road purposes ....................................................HB 281 State contracts; bid violation conviction; prohibitions .................................................HB 940 Transportation of Hazardous Materials Act; new Code Chapter ................................SB 214 Transportation of Hazardous Materials Act; provide...................................................HB 917 Transportation, Department of; contracts; bids.............................................................SB 148 Transportation, Department of; contracts; one bid ......................................................HB 549 Transportation, Department of; contracts; one bid ......................................................HB 705 Trucks or tractors; display name; certain exceptions ...................................................HB 555 Trucks or tractors; name displayed .................................................................................HB 203 Uniform Rules of the Road; amend provisions..............................................................HB 571 Uniform Rules of the Road; amend provisions.................................................................SB 89 Veterans Memorial Highway; designate..........................................................................HR 101 Walter A. Scott Memorial Bridge; designate ...................................................................HR 24 HILL, ANGELA; commend .................................................................................................HR 40 HILL, DR. HENRY W.; commend ..................................................................................HR 424 HISTORIC SITES (See Parks, Historic Sites and Commemorations) HIXON, COACH GRAHAM; recognize .........................................................................HR 132 HOLLIDAY, COOK;recognize.........................................................................................HR 405 HOMESTEAD EXEMPTION Certain disabled veterans ..................................................................................................HB 509 Credit for excessive property tax.........................................................................................HB 9 Decatur, City of; elderly ....................................................................................................HB 582 Forsyth County; elderly .....................................................................................................HB 395 Tax bill; attach notice of homestead exemptions ............................................................HB 50 Tax returns; appeal notices; form....................................................................................HB 595 Upson County; disabled.....................................................................................................HB 531 HOOPER, FRED W.; recognize ........................................................................................HR 207 HOOKS, HONORABLE AND MRS. GEORGE; congratulations on daughter's birth...................................................................................................................HR 201 HOSPITALS AND HEALTH CARE FACILITIES Abortion; disposal of fetus ................................................................................................HB 683 Absentee ballots; delivery to persons in hospital ..........................................................HB 210 Alcoholism and drug abuse; clinical records; release ....................................................HB 793 Breast cancer treatment; distribution of information...................................................HB 615 Certain medical facilities; report non-accidental injuries.............................................HB 250 Emergency hospital care for pregnant patients; repeal;...............................................HB 196 Fire safety inspections; hospitals; state fire marshal .....................................................SB 114 Health care facilities; reports to Health Planning Agency ..........................................HB 483 Health insurance; long-term care services; coverage .....................................................HR 190 Health Planning Agency, rules and notices; indigent pregnant women, cost of care ........................................................................................................HB 484 Refer to numerical index for page numbers 2524 INDEX HOSPITALS AND HEALTH CARE FACILITIES (Continued) Hospital authorities; audit certain information report.................................................HB 347 Hospital authorities; terma..............................................................................................HB 1023 Hospital authorities; two local governments; membership ..........................................HB 641 Hospital cost containment; provide .................................................................................HB 811 Hospital Cost Containment Study Committee; create .................................................HR 362 Hospital; indigent pregnant women; county of residence ............................................HB 561 Hospitalization for tuberculosis; hearings............................................................--..--HB 366 Indigent Health Care Provider Reimbursement Fund; provide--............................HB 556 Indigent pregnant women; cost of health care...............................................................HB 487 Indigent pregnant women; hospital care..........................................................................SB 132 Insurance; health care providers; contracts....................................................................HB 696 Living wills; distribution.................................................................................................... HB 446 Living wills; certain form...................................................................................................SB 191 Long-term care facilities; covered entranceway.............................................................HB 573 Mentally ill persons; emergency care ...................................................................................SB 6 Mentally ill persons; involuntary hospitalization...........................................................SB 153 Mentally ill persons; voluntary transfer; state facilities...................................................HB 5 Personal care homes; permits...........................................................................................HB 777 Personal care homes; personnel checks...........................................................................HB 461 Personal care homes; safety standards................................................................................HB 2 Post-mortem Exam; death of hospice patient ................................................................SB 200 Prescription drugs; warning label; nutritional deficiencies..........................................HB 972 Respiratory Care Practices Act; enact................................................................................SB 32 Staffing in Mental Health Facilities Joint Study Committee; create.............................SR 8 State lottery; educational purposes; indigent care - CA.................................................HR 78 Workers' Compensation; reimbursement; health care providers..................................SB 161 HOUSE OF REPRESENTATIVES Amend HR 3; relative to House.........................................................................................HR 57 Clerk; election.................................................................--...................................................Page 9 Clerk of House; fees ...........................................................................................................HB 111 Darden, Honorable George W. "Buddy"; commend.......................................................HR 94 Davison, Dr. Fred C.; invite to House.......................----.................................................HR 23 Dodd, Coach Bobby; invite to House..............................................................................HR 327 Dooley, Coach Vince and others; invite to House......................................................... HR 172 Doorkeeper and assistant doorkeepers; commend..........,..----.----.............................HR 342 Doorkeeper; election...........................................................................................................Page 18 Elliott, Bill; invite to House..............................................................................................HR 274 Former members; invite to House in 1986.....................................................................HR 415 Georgia Tech Football Team; invite to House.................................................................HR 93 Georgia Tech, recognize on 100th Anniversary; Pettit, Dr. Joseph, invite to House..............................................................................HR 175 Guido, Reverend Michael; invite to House.......................................................................HR 59 Jordan, Mary Lou Holland; invite to House...................................................--------.HR 311 Landrum, Honorable Phil; invite to House....................................................................HR 234 Lanier, Julie B.; invite to House......................................................................................HR 105 Legislative Education Research Council; change name to House Research Council..............................................................................................HB 1127 Majority Leader election; communication.........--...----................................................Page 30 Members' oath..............................................................................................................Pages 7, 15 Messenger; election ............................................................................................................Page 18 Milam, Nita; invite to House............................................................................................HR 300 Minority Leader election; communication...............----................................................Page 30 Moshell, Philip and Ann; invite to House......................................................................HR 116 Reapportionment; certain districts..................................................................................HB 684 Reapportionment; certain districts..................................................................................HB 968 Reapportionment; districts 28 and 34............................................................................. HB 181 Refer to numerical index for page numbers INDEX 2525 HOUSE OF REPRESENTATIVES (Continued) Registered agents and employees; file reports with Secretary of State ...........................................................................................................................HB 1137 Relative to officials, employees, and committees ..............................................................HR 3 Rules of House; adopt............................................................................................................HR 4 Rules of House; amend 107...............................................................................................HR 114 Sams, Dr. Ferrol; invite to House ....................................................................................HR 115 Sheriff; appointment..........................................................................................................Page 18 Speaker; election...................................................................................................................Page 8 Speaker of House; 6-year term - CA.................................................................................HR 26 Speaker Pro Tem; election................................................................................................Page 17 Taiwan Provincial Assembly; invite to House ...............................................................HR 333 Todd, Tommy; invite to House ........................................................................................HR 226 Valdosta High School Football Team; invite to House ..................................................HR 95 HOUSING (See Buildings and Housing) HOUSTON COUNTY Branch offices; extend Constitutional Amendment......................................................HB 927 Development Authority; extend Constitutional Amendment......................................HB 930 Educating handicapped; extend Constitutional Amendment ......................................HB 928 Houston Judicial Circuit; judges; compensation..........................................................HB 1102 Special court creation; extend Constitutional Amendment.........................................HB 929 HUDDLESTON, GEORGE CLEAL; condolences ......................................................HR 417 HUMAN RESOURCES, DEPARTMENT OF Child Abuse Action Fund; establish ..............................................................................HB 1107 Child abuse; reporting requirements.............................................................................HB 1092 Community care; lead agencies; services..........................................................................SB 233 Day-care homes or centers; safety fire regulations........................................................HB 369 Developmentally disabled persons; habilitation ............................................................HB 873 Employees and ACTION, the National Volunteer Agency; commend ......................HR 216 Food service establishments; define and regulate ..........................................................SB 268 Handicapped persons; provide services..............................................................................SB 22 Head-injured persons; registration.......................................................................................HB 3 Hospital cost containment; provide .................................................................................HB 811 Income tax refunds; setoff collections; claimant agencies..........................................HB 1108 Indigent pregnant women; hospital care..........................................................................SB 132 Insect stings; treatment with epinephrine...........................................................................SB 5 Kidney Disease Advisory Committee; membership ......................................................HB 645 Long-term care facilities; covered entranceway.............................................................HB 573 Mentally ill persons; involuntary hospitalization...........................................................SB 153 Mentally retarded persons; service; court order for examination...............................HB 313 Mentally retarded persons; transfer custody..................................................................HB 207 Personal care homes; permits ...........................................................................................HB 777 Personal care homes; personnel checks...........................................................................HB 461 Personal care homes; safety standards................................................................................HB 2 Public emergency medical technicians; indemnification..............................................HB 268 Public emergency medical technicians; indemnification - CA;......................................HR 69 Public housing; fraudulently obtaining; penalty ..............................................................HB 30 Schools; scoliosis screening; notices ..................................................................................SB 165 HUNSUCKER, MS. CHARLENE; commend..............................................................HR 338 HUNTING Honorary licenses; certain veterans...............................................................................HB 1128 Negligent hunting; suspension of license ........................................................................HB 244 Nongame wildlife programs; establishment....................................................................HB 495 Refer to numerical index for page numbers 2526 INDEX HUNTING (Continued) Raccoon dealers; license fees.............................................................................................HB 846 Raccoon, bobcat, or fox; bag limits..................................................................................HB 124 Trapping; highways; certain prohibitions .......................................................................HB 480 HYDER, COACH NICK AND VALDOSTA HIGH SCHOOL FOOTBALL TEAM; commend........................,...............................................................SR 28 ILA, CITY OF; mayor; term..............................................................................................HB 504 INCOME TAX Certain retirement benefits.................................................................................................HB 34 Certain retirement income; exemption............................................................................HB 129 Certain retirement income; exemption...................................................,........................HB 198 Certain retirement income; exemption............................................................................HB 574 Certain retirement income; exemption............................................................................HB 763 Certain retirement income; exemption............................................................................HB 829 Certain social security or railroad retirement benefits; exemption ..........................HB 1129 Computation........................................................................................................................HB 925 Computer or technical equipment; donation to school; credit ....................................HB 351 Conservation tillage equipment; credit .........................................................................HB 1111 Contributions to certain educational organizations; credit ..........................................HB 830 Corporations; credit for library rental.............................................................................HB 694 Credit for excessive property tax.........................................................................................HB 9 Dependent care assistance.................................................................................................HB 216 Elderly or disabled persons; additional exemption .........................................................HB 12 Fraudulent returns; penalty ..............................................................................................HB 408 Fraudulent returns; penalty ..............................................................................................HB 845 Individual retirement account; deduction.......................................................................HB 116 Individual retirement account; deduction.....................................................................HB 1030 Joint returns; computation................................................................................................HB 367 Motor carrier operating authorities .................................................................................HB 718 Rate computation; certain exemptions and credits.......................................................HB 204 Rate of calculation..............................................................................................................HB 197 Refunds; setoff collections; claimant agencies..............................................................HB 1108 Retirement income; exemption...............................................................,.........................HB 141 Social security or railroad retirement benefits; exemption............................................HB 10 Teachers; credit for certain expenses..............................................................................HB 687 Withholding certificate; filing...........................................................................................HB 624 INDEMNIFICATION District attorneys; apprehension of criminal..................................................................HR 445 Law enforcement officer, fireman, guard; application.....................................................SB 53 Public emergency medical technicians ............................................................................HB 268 Public emergency medical technicians - CA; ...................................................................HR 69 INDEPENDENT INSURANCE AGENTS' DAY Proclaim February 14, 1985............................................................................................. HR 213 INDIGENT (Also, see Social Services) Children and youth; certain care homes; record checks...............................................HB 462 Community care; lead agencies; services..........................................................................SB 233 Counties; burial of paupers...............................................................................................HB 546 Federal Medicaid expenditures; urge rejection of proposal to cap growth...................................................................................................................HR 389 Refer to numerical index for page numbers INDEX 2527 INDIGENT (Also, see Social Services) (Continued) House Feminization of Poverty Study Committee; create...........................................HR 299 House Study Committee on District Directors of County Departments of Family and Children's Services; create..................................................................HR 364 Indigent Health Care Provider Reimbursement Fund; provide..................................HB 556 Indigent pregnant women; cost of care...........................................................................HB 484 Indigent pregnant women; cost of care; county of residence.......................................HB 561 Indigent pregnant women; cost of health care...............................................................HB 487 Indigent pregnant women; hospital care..........................................................................SB 132 Medical Assistance, Department of; reciprocal arrangements.....................................HB 199 Medical assistance; eyeglass program; urge use of previous system...........................HR 295 Medical assistance; fraud...................................................................................................HB 543 Medicare and Medicaid providers; recognize.................................................................HR 388 Public assistance; repeal certain work programs...........................................................HB 136 Social work; license requirement....................................................................................HB 1042 State Housing Activities Study Committee; create.........................................................HR 72 State lottery; educational purposes; indigent care - CA.................................................HR 78 INDUSTRY AND TRADE, DEPARTMENT OF House Travel Industry Study Committee; create..........................................................HR 326 Industrial Authority; revenue bonds, bonds, notes, or other obligations; issuance ........................................................................................................SB 269 Industry and Trade; accept gifts and donations; lease agreements...............................SB 11 Textile and apparel imports; moderate growth; urge Congress ..................................HR 166 INITIATIVE PETITION Power to enact or reject - CA...........................................................................................HR 107 Power to enact or reject - CA...........................................................................................HR 110 INSECTS Boll weevil; eradication.......................................................................................................SB 256 Insect stings; treatment with epinephrine...........................................................................SB 5 INSURANCE African Development Bank; certain investments ............................................................HB 82 African Development Bank; certain investments ...........................................................SB 144 Blind persons; coverage; certain prohibitions .................................................................SB 204 Certain insurance premium rates; time for filing ..........................................................HB 747 Certain insurers; service of process; fees.........................................................................HB 560 Changes in the Domicile Insurance Companies Study Committee; create................HR 396 Code of Georgia; amend provisions ..................................................................................SB 257 Fraud; definition.................................................................................................................HB 353 Fraud; defmition..................................................................................................................SB 131 Governmental Liability Commission; create ..................................................................HR 171 Group life insurance; debtor coverage...............................................................................HB 81 Group life insurance; dependent's coverage ...................................................................HB 832 Health insurance; contracts...............................................................................................HB 696 Health insurance; group plans; cancellation...................................................................HB 212 Health insurance; group plans; grace period.....................................................................SB 60 Health insurance; hospital cost containment .................................................................HB 811 Health insurance; jurisdiction...........................................................................................HB 456 Health insurance; long-term care services; coverage.....................................................HR 190 Health insurance; optional provisions; policy language.................................................SB 235 Health insurance; public school employees; retirees.....................................................HR 125 Health insurance; requirements........................................................................................HB 454 House Study Committee on Insurance Fraud Against Elderly.....................................HR 12 Independent Insurance Agents' Day; proclaim February 14, 1985.............................HR 213 Insurance companies and agents; contracts....................................................................HB 481 Insurance companies; eliminate certain tax reduction ...................................................HB 47 Refer to numerical index for page numbers 2528 INDEX INSURANCE (Continued) Insurance Premium Finance Company Act; amend provisions.................................HB 1112 Insurers insolvency pool; amend provisions ...................................................................HB 695 Insurers; domiciled in another state; exams .................................................................HB 1125 Insurers; mail-order business; advertisements ...............................................................HB 272 Liability insurance; judges and employees; provide coverage...........................................SB 2 Liability insurance; Correctional Industries Administration .......................................HB 358 Motor vehicle insurance; counties and municipalities ...................................................SB 125 Motor vehicle insurance; reduce benefits; certain health plans ..................................HB 276 Motor vehicle insurance; self-insurers; qualifications ...................................................HB 665 Motor vehicle insurance; spouse's coverage; termination.............................................HB 346 Motor vehicle insurance; towing and storage charges; certain policies......................HB 364 Motor vehicles; operating without insurance .....................................................................HB 7 Motor vehicles; proof of insurance; municipal court jurisdiction ...............................HB 240 Product liability insurance; reports; insurers provide...................................................HB 357 Salvage motor vehicles; Certificate of Title......................................................................HB 45 State employees; flexible employee benefit plan............................................................SB 113 Subsequent Injury Trust Fund; certain self-insurers; reimbursement eligibility ...............................................................................................HB 764 Surplus lines insurance; bond.............................................................................................HB 56 Workers' compensation; amend provisions......................................................................SB 160 Workers' compensation; benefits; define next of kin....................................................HB 380 Workers' compensation; benefits; time for payment .....................................................SB 163 Workers' compensation; dependents; certain benefit limits ........................................HB 384 Workers' compensation; employees select physician.....................................................HB 435 Workers' compensation; hearings; time limitation.........................................................SB 162 Workers' compensation; reimbursement; health care providers...................................SB 161 Workers' compensation; witness at hearing; prohibit discharge .................................HB 381 INTANGIBLES TAX Intangible property tax; certain exemption - CA............................................................HR 67 Intangible property tax; returns.......................................................................................HB 234 INTEREST AND USURY Fiduciaries; certain investments........................................................................................SB 112 Insurance Premium Finance Company Act; amend provisions.................................HB 1112 Judgments..........................................................................................................................HB 1120 Motor Vehicle Sales Finance; charges,............................................................................HB 452 Retail installment contracts; time price differential .....................................................HB 242 INVASION OF PRIVACY; automated telephone sales ..............................................HB 790 IRWIN COUNTY Board of commissioners; salaries......................................................................................HB 961 Sheriff and staff; compensation........................................................................................HB 960 IRWINTON, TOWN OF; change name..........................................................................HB 814 IVEY, TOWN OF; amend Act creating............................................................................HB 813 JACKSON COUNTY; board of commissioners; compensation...................................HB 782 JACKSON HIGH SCHOOL LADY DEVILS SOFTBALL TEAM; commend ..............................................................................................................HR 133 Refer to numerical index for page numbers INDEX 2529 JACKSON, HONORABLE H. CALVIN, M.D.; commend ......................................HR 135 JAILS County or municipal jail; incur debt for building - CA..................................................HR 14 Habeas corpus; judge hold proceeding at institution.......................................................SB 90 Penal institutions; use of inmates; certain prohibitions...............................................HB 686 Prisoners; county work-release programs........................................................................HB 120 JEFF DA VIS COUNTY; board of education; election ..............................................HB 1039 JEFF DA VIS HIGH SCHOOL DRAMA TEAM; commend ...................................SR 195 JEFFERSON COUNTY; tax commissioner; salary ......................................................HB 443 JESUP, CITY OF; mayor and commissioners; elections ...............................................SB 270 JIMMY CARTER PARKWAY; designate......................................................................HR 55 JOHN S. DAVIDSON FINE ARTS MAGNET SCHOOL; commend .................HR 123 JOHNSON, ALBERT SIDNEY; commend..................................................................HR 413 JOHNSON, BEN P.; recognize .........................................................................................HR 144 JOHNSON COUNTY; probate judge; clerical assistance ............................................HB 951 JOINER, DR. HARTWELL; commend .........................................................................HR 384 JOINT SESSION Governor's address .............................................................................................................Page 68 Governor's address ...........................................................................................................Page 184 JONES, CAPTAIN GEORGE; commend......................................................................HR 164 JONES COUNTY; board of education; chairman .........................................................HB 606 JONES, GENERAL ALBERT B.; commend ...............................................................HR 425 JONES, MICHELLE; commend ........................................................................................HR 92 JONES, WILBUR P.; condolences ..................................................................................HR 209 JORDAN, MARY LOU HOLLAND; invite to House ...............................................HR 311 JUDGES Child custody; interviews with child................................................................................HB 445 Council of Superior Court Judges of Georgia; create ......................................................SB 95 Criminal Justice Coordinating Council; add superior court judge..............................HB 629 Georgia Magistrate Courts Training Council Act; exemption.....................................HB 653 Joint Study Committee on Superior Court Judgeships; create...................................HR 106 Judges and employees; liability insurance; provide coverage...........................................SB 2 Judicial circuit; judge employ court administrator ..........................................................SB 24 Judicial vacancies; Governor's appointment.....................................................................HB 88 Magistrates; full-time or part-time; number, selection, and term ..............................HB 652 Municipal court judges; residency requirements ...........................................................HB 241 New trials; reason for granting .........................................................................................HB 183 Probate court; chief clerks; appointment.........................................................................SB 249 Probate court judge; serve as magistrate; compensation.................................................SB 73 Probate court judges; qualifications ..................................................................................HB 74 Probate court judges; salaries ...........................................................................................HB 343 Probated sentence; review.................................................................................................HB 189 Sentencing; victim impact statement ..............................................................................HB 218 State court judges emeritus; arrest warrants; authorization........................................HB 231 Superior court judges; retirement age.............................................................................HB 355 Refer to numerical index for page numbers 2530 INDEX JUDGES (Continued) Superior Court Judges Retirement System; amend provisions.................................HB 1122 Superior Court Judges Retirement System; cost-of-living adjustments ....................HB 152 Superior Court Judges Retirement System; provisions relating to spouse...........................................................................................................................HB 397 Superior court judges; secretaries' salary...........................................................................SB 61 Supreme Court Justices and Court of Appeals Judges; Employees Retirement; optional benefits ...................................................................HB 666 Trial Judges and Solicitors Retirement Fund; certain creditable service ............................................................................................................HB 300 JUDGMENT Civil practice; judgment by default ..................................................................................SB 101 Drivers' license suspension; foreign judgments,.............................................................HB 545 Garnishments; federal courts; continuance.....................................................................HB 938 Magistrate courts; postjudgment discovery .......................................................................SB 87 Uniform Enforcement of Foreign Judgments Law; enact.............................................SB 164 JUDICIAL CIRCUITS Augusta Judicial Circuit; add judge.................................................................................HB 182 Cherokee Judicial Circuit; district attorney; investigator ............................................HB 637 Cherokee Judicial Circuit; judges; salary supplement ..................................................HB 635 Cobb Judicial Circuit; judges' retirement; certain expenses.........................................SB 285 Dublin Judicial Circuit; salary supplements ..................................................................HB 592 Lookout Mountain Judicial Circuit; add judge..............................................................HB 335 Northeastern Judicial Circuit; add judge ........................................................................SB 186 Ocmulgee Judicial Circuit; court reporters; compensation ...........................................SB 172 Piedmont Judicial Circuit; add judge...............................,..............................................HB 356 Piedmont Judicial Circuit; add judge...............................................................................SB 264 Rome Judicial Circuit; district attorney; investigators.................................................HB 979 Waycross Judicial Circuit; superior court judges; compensation................................HB 486 Waycross Judicial Circuit; superior court; term............................................................HB 746 JURIES Charges and instructions in writing...............................................................................HB 1047 Counties; public buildings; inspection by grand jury ....................................................SB 119 Elderly; exempt persons 70 years or older......................................................................HB 157 Elderly; exempt persons 65 years or older......................................................................HB 114 Jury commissioners; succession to office ........................................................................HB 101 Selection provisions; amend ................................................................................................HB 85 Special investigative grand juries; jurisdiction - CA.....................................................HR 231 State courts; uniform procedures....................................................................................,...SB 48 JUVENILE PROCEEDINGS Deprived child; detention hearing; time limitation.......................................................HB 185 Division of Youth Services; felony conviction; jurisdiction............................................HB 14 Juvenile courts; access to records; certain school officials ...........................................HB 620 Juvenile courts; traffic offenses; jurisdiction..................................................................HB 540 K KEEN, FLOYD; compensate .............................................................................................HR 119 KESSLER, DR. W. D. AND FAMILY; expressing support .......................................HR 58 KING, ANGELA; commend ................................................................................................HR 41 Refer to numerical index for page numbers INDEX 2531 KINGSLAND, CITY OF; city manager; create office..................................................HB 691 KITE, TOWN OF; councilmen..........................................................................................HB 954 KNIGHT, RICHARD; commend .....................................................................................HR 374 KOREAN ASSOCIATION OF THE GREATER ATLANTA AREA; recognize................................................................................................................HR 288 KRUEGER, MARGARET ML; commend ......................................................................HR 151 LABOR AND INDUSTRIAL RELATIONS Amusement Ride Safety Act; enact..................................................................................SB 102 Boiler and pressure vessel safety; rule-making.................................................................SB 14 Certain labor departments; eliminate statutory requirement.........................................SB 12 Employment Security; amend provisions........................................................................HB 411 Employment Security; educational personnel; restrictions ..........................................HB 266 Employment Security; provide for appeals ....................................................................HB 331 Employment Security; supplemental appropriation; Department of Labor............................................................................................................................HB 265 Employment Security; wages; accident or sickness disability .....................................HB 412 Hazardous substances; disclosure to employees.............................................................HB 206 Labor, Department of; exclude certain positions from classified service..............................................................................................................HB 681 Occupational Regulation Review Advisory Council; establish.....................................HB 850 Private Employment Agencies Act; repeal ........................................................................SB 10 State government; unemployment compensation claims; payment ............................HB 485 Subsequent Injury Trust Fund; certain self-insurers; reimbursement eligibility..........................................................................................................................HB 764 Workers' compensation; amend provisions......................................................................SB 160 Workers' compensation; benefits; define next of kin....................................................HB 380 Workers' compensation; benefits; time for payment .....................................................SB 163 Workers' compensation; dependents; certain benefit limits ........................................HB 384 Workers' compensation; employees select physician.....................................................HB 435 Workers' compensation; hearings; time limitation .........................................................SB 162 Workers' compensation; reimbursement; health care providers...................................SB 161 Workers' compensation; witness at hearing; prohibit discharge .................................HB 381 LAFAYETTE, CITY OF; elected offices.........................................................................SB 245 LAGRANGE, CITY OF Corporate limits..................................................................................................................HB 100 Downtown LaGrange District; change limits ..................................................................SB 171 LAMAR COUNTY Board of commissioners; provisions...............................................................................HB 1048 Magistrate court; law library fees ....................................................................................HB 987 LAMAR COUNTY HIGH SCHOOL FOOTBALL TEAM; commend.................HR 130 LAMBERT, HONORABLE E. ROY Commend.............................................................................................................................HR 138 Commend.............................................................................................................................HR 180 LAND (See Property) Refer to numerical index for page numbers 2532 INDEX LANDLORD AND TENANT Dispossessory proceedings; landlord store personal property......................................HB 429 Joint tenancy; security interests; severance......................................................................HB 62 LANDRUM, HONORABLE PHIL; invite to House..................................................HR 234 LANIER COUNTY Board of commissioners.....................................................................................................HB 727 Board of education .............................................................................................................HB 733 LANIER, JULIE B.; invite to House ..............................................................................HR 105 LANIER, SIDNEY; place bust in State Capitol ..............................................................SR 44 LAURENS COUNTY Board of education; elections..........................................................................................HB 1132 Tax commissioner; compensation...................................................................................HB 1067 LAVETTE, ROBERT; honor ............................................................................................HR 148 LAW ENFORCEMENT OFFICERS AND AGENCIES Abandonment; certain weapons; disposal by sale or destruction................................HB 303 Certain medical facilities; report non-accidental injuries.............................................HB 250 Cocaine Task Force; create ................................................................................................SB 147 Compensation of certain state officials; amend.............................................................HB 585 Correctional institutions; violent death of inmate; notify GBI....................................SB 217 Courts; domestic relations case; arrest for contempt.....................................................SB 181 Criminal procedure; arrest; probable cause hearing......................................................HB 669 Criminal procedure; delete certain citizen posse provisions ........................................HB 668 Criminal Justice Coordinating Council; superior court judge; add.............................HB 629 Driver's license; access to record; certain persons............................................................SB 45 Driver's license; unlawful use; contraband .....................................................................HB 932 Driving records; availability; Boards of Education .......................................................HB 393 Driving under the influence; compensation for attendance at hearing.........................SB 30 Family violence; arrest without warrant .........................................................................HB 224 Firemen; false representation; prohibit..............................................................................SB 42 Georgia Building Authority Police; provide ....................................................................SB 155 Georgia State Guard; change to State Defense Force ...................................................SB 202 House Law Enforcement Stress Management Study Committee; create..................HR 277 Income tax; certain retirement income; exemption.......................................................HB 763 "Law Enforcement Officer Appreciation Day"; designate ...........................................HB 926 Law Enforcement Officer Appreciation Day; February 10th .......................................SB 253 Law Enforcement Officer Salary Incentive Study Committee; create .......................HR 301 Law Enforcement Officers' Rules and Procedures Act; enact.....................................HB 812 Motor vehicle accidents; damages; financial responsibility..........................................HB 601 Motor vehicle Certificate of Title; certain designations; notify GBI............................HB 54 Motor vehicles; marking....................................................................................................HB 466 Peace Officer Standards and Training Council; powers...............................................HB 464 Peace Officers' Annuity and Benefit Fund; benefits ....................................................HB 365 Peace Officers' Annuity and Benefit Fund; certain Public Service Commission employees; membership...........................................................,.HB 505 Post-mortem Exam; suspicious death; coroner's duties ................................................SB 252 Public emergency medical technicians; indemnification ..............................................HB 268 Public emergency medical technicians; indemnification - CA.......................................HR 69 Public Safety, Department of; acceptance of donations, conveyance of property, equipment, or services; procedures..........................................................HB 58 Public Safety, Department of; disseminating information...........................................HB 274 Residents absent from certain facilities; missing person.................................................SB 84 School bus drivers; loading children; report vehicles passing......................................HB 301 School security personnel; powers....................................................................................HB 568 Refer to numerical index for page numbers INDEX 2533 LAW ENFORCEMENT OFFICERS AND AGENCIES (Continued) State Patrol; clothing allowance.......................................................................................HB 362 State Patrol Disciplinary Board; provisions ...................................................................HB 460 State Patrol; interstate responsibility .............................................................................HB 176 Stone Mountain Memorial Association; police powers..................................................SB 133 Tax collector or tax commissioner; ex officio sheriff; compensation..........................HB 340 Weapons; possession; retired peace officer; certain exceptions...................................HB 889 LAYSON, VAN;recognize..................................................................................................HR 150 LAZENBY, RICHARD C.;commend ..............................................................................HR 124 LEE COUNTY; board of commissioners; recreate .........................................................HB 836 LEMMING, SERGEANT GEORGE; commend..........................................................HR 162 LESLIE, DETECTIVE NATHANIEL; commend......................................................HR 359 LIBRARIES Corporations; library rental; income tax credit..............................................................HB 694 Librarians; serve as deputy registrar ...............................................................................HB 190 Municipal courts; law libraries; fee..................................................................................HB 542 Presidential Library State Park Enabling Law; enact................................................HB 1060 Tobie Grant Homework Library; recognize....................................................................HR 141 LICENSE PLATES AND REGISTRATION Duplicates ............................................................................................................................HB 133 Emory University; special license plates; sesquicentennial founding.........................HB 235 Fees payable to office.........................................................................................................HB 143 Motorcycles; license fees....................................................................................................HB 230 Registration; prorated fee..................................................................................................HB 286 Registration; prorated fee..................................................................................................HB 400 Registration; suspension for foreign judgments .............................................................HB 545 Reporting lost or mutilated plates...................................................................................HB 134 Special license plates; deceased prisoners of war; spouse's eligibility .........................................................................................................HB 1105 Special license plates; fees...................................................................................................HB 43 Special license plates; prisoners of war; definition..........................................................HB 79 Staggered registration ........................................................................................................HB 287 Staggered registration ........................................................................................................HB 401 Vintage license plates; historical vehicles .......................................................................HB 619 LICENSES (Also, see Driver's License or Professions and Businesses) Agriculture; grain dealers; licensing..................................................................................SB 158 Alcoholic beverages; license violations; contraband ......................................................HB 488 Applied psychology; education requirements .................................................................HB 826 Athletic trainer; licensing..................................................................................................HB 643 Auctioneers; nonresidents; licensing ................................................................................HB 847 Barbershops; employ certain persons; licensing.............................................................HB 679 Business license; restrictions.............................................................................................HB 154 Conditional driver's license; age requirement ..................................................................HB 17 Conditional driver's license; minors; waive certain requirements...............................HB 360 Conditional driver's license; suspension; limited permit ..............................................HB 382 Cooperative associations; regulation ..............................................................................HB 1136 Counties; certain occupational tax; levy..........................................................................HB 477 Driver's license; access to records; certain persons ..........................................................SB 45 Driver's license; driving under the influence; amend provisions...................................HB 90 Driver's license; driving under the influence; second suspension; alcohol education program ...............................................................................................SB 29 Driver's license; facial photograph .....................................................................................HB 19 Refer to numerical index for page numbers 2534 INDEX LICENSES (Also, see Driver's License or Professions and Businesses) (Continued) Driver's license restoration; certain courses; reciprocity .................................................SB 35 Driver's license; suspension for certain conviction; probation.....................................HB 359 Driver's license; suspension; foreign judgments.............................................................HB 545 Driver's license; traffic citation; failure to respond.......................................................HB 179 Driver's license; unlawful use; contraband .....................................................................HB 932 Drug dependency or abuse; treatment programs; license..............................................SB 219 Equine; regulate stables.......................................................,.............................................HB 253 Fireworks; regulate sale; permits......................................................................................HB 264 Food service establishments; define and regulate ..........................................................SB 268 Funeral directors; examination; amend provisions...........................................................SB 92 Georgia Occupational Regulation Review Advisory Council; establish......................HB 850 Hunting and fishing; honorary licenses; certain veterans ..........................................HB 1128 Massage, State Board of; establish ..................................................................................HB 476 Mortgage brokers; loan agents and solicitors ...................................................................HB 68 Negligent hunting; suspension of license ........................................................................HB 244 Nonmedical health care practitioners; licensing ..........................................................HB 1121 Pharmacists; continuing education ..................................................................................HB 688 Pharmacists; continuing education ...................................................................................SB 267 Physicians; provisional license; extend time...................................................................HB 233 Polygraph examiners; regulate.............................................................................................SB 19 Private detectives and private security agencies; amend provisions ..........................HB 795 Raccoon dealers; license fees.............................................................................................HB 846 Respiratory Care Practices Act; enact................................................................................SB 32 Roadside vendors; regulate................................................................................................HR 154 Social work; license requirement....................................................................................HB 1042 Used car dealers; qualifications; certain exemptions ....................................................HB 494 Veterinarians; license renewal .............................................................................................SB 25 Warehouse licenses; expiration date.................................................................................SB 159 Wild animal business; license fees...................................................................................HB 306 LIENS AND MORTGAGES Abandoned motor vehicles; foreclosure...........................................................................HB 130 Commercial Code; financing statement; maturity date................................................HB 712 Commercial Code; mechanics' liens; farm equipment ..................................................HB 239 Mechanics' and materialmen's liens; cancellation provision........................................HB 213 Mechanics' and materialmen's liens; real estate appraisals.........................................HB 633 Mortgage brokers, loan agents and solicitors; licensing..................................................HB 68 Mortgage Loan Company and Loan Broker Act; enact................................................HB 875 Property; deeds to secure debt; cancellation..................................................................HB 840 Registered foresters; special lien on real estate .............................................................HB 191 LIEUTENANT GOVERNOR Communications .....................................................................................................Pages 166, 408 Zell Miller Corporate Conference Center of World Congress Center; designate ..............................................................................................................HR 50 LIFE INSURANCE Group insurance; debtor coverage......................................................................................HB 81 Group insurance; dependent's coverage ..........................................................................HB 832 LINCOLN COUNTY; commissioners; chairman's compensation ...............................HB 933 LITTER CONTROL; poultry feathers on highways .....................................................HB 389 LIVESTOCK Equine; regulate stables.....................................................................................................HB 253 Transporting into state; prohibitions ..............................................................................HB 650 Refer to numerical index for page numbers INDEX 2535 LOANS Commercial Code; definition of bank..............................................................................HB 375 Commercial Code; financing statement; maturity date................................................HB 712 Credit unions; classes of shares ........................................................................................HB 374 Industrial Loan Act; certain colleges and universities; exemption .............................HB 437 Insurance Premium Finance Company Act; amend provisions.................................HB 1112 Intangible personal property; ad valorem tax exemption ............................................HB 922 Medical student; loans and scholarships; amount.........................................................HB 622 Mortgage brokers; loan agents; licensing ..........................................................................HB 68 Mortgage Loan Company and Loan Broker Act; enact................................................HB 875 Motor Vehicle Sales Finance; charges.............................................................................HB 452 Residential Finance Authority; bonds and notes; limits ..............................................HB 502 Residential Finance Authority; credit unions ................................................................HB 372 Retail Installment and Home Solicitation Sales Act; certain colleges and universities; exemption............................................................................HB 438 Retail installment contracts; time price differential.....................................................HB 242 Retirement funds; South African institutions; investments ........................................HB 348 State funds; South African institutions; investments...................................................HB 349 LOBBYISTS Communications from Secretary of State .................................................Pages 203, 562, 593, 916, 1091, 1450, 1876 Registered agents and employers; file reports with Secretary of State...................HB 1137 LOCAL GOVERNMENTS (Also, see Counties or Municipalities) Airports; municipal territory; ad valorem tax................................................................HB 632 Alcoholic beverages; sales on election day; referendum ...............................................HB 247 Alcoholic beverages; sales to underage persons; notification .......................................HB 558 Allocation of bonds...............................................................................................................HB 95 Annexation; additional method ........................................................................................HB 410 Annexation; municipal corporations ................................................................................HB 121 Annexation; municipal corporations; 100% of landowners...........................................SB 150 Annexation; Fulton and DeKalb Counties; population classification.........................HB 820 Area Planning and Development Commissions; certain members; election............HB 1118 Area Planning and Development Commissions; relative to functions .......................HR 360 Audits; amend provisions ...................................................................................................SB 228 Audits; comply with federal requirements......................................................................HB 858 Business license; restrictions.............................................................................................HB 154 Claims Advisory Board; certain claims; process ............................................................HB 257 Coastal Zone Protection Law; provide ..........................................................................HB 1096 Compensation of county officials; effective date ...........................................................HB 625 Counties; board of commissioners; provide ....................................................................HB 867 Counties; burial of paupers ...............................................................................................HB 546 Counties; certain occupational tax; levy..........................................................................HB 477 Counties; public buildings; inspection by grand jury ....................................................SB 119 County boards of education; chairman; selection...........................................................SB 207 County boards of health; certain consolidated government; services..........................SB 134 County commissioner; certain counties; minimum salary ............................................HB 453 County consolidation; remove referendum requirement - CA.....................................HR 397 Development authorities; alternative living home.........................................................HB 192 Development authorities; office building facilities; description ................................HB 1007 Education; school security personnel; powers ................................................................HB 568 General revenue-sharing program; urge continuation...................................................HR 394 Highways; private driveways; delete certain prohibitions............................................HB 797 Hospital authorities; two local governments; membership ..........................................HB 641 House Land Use Planning Procedures Study Committee; create ..............................HR 332 House Study Committee on District Directors of County Departments of Family and Children's Services; create ..................................................................HR 364 Refer to numerical index for page numbers 2536 INDEX LOCAL GOVERNMENTS (Also, see Counties or Municipalities) (Continued) Housing authorities; number of commissioners.............................................................HB 243 Joint Land Use Planning Procedures Study Committee; create ................................HR 239 Land covenants; time limitation ......................................................................................HB 127 Law Enforcement Officers' Rules and Procedures Act; enact.....................................HB 812 Local boards of education; organization and chairman; provide by local law........................................................................................................HB 859 Local option sales tax; educational purposes; property tax relief - CA .................................................................................................................HR 279 Local Constitutional Amendments Overview Committee; create................................HR 170 Local Government Services Equity Act; enact ..............................................................HB 478 Municipal courts; alternative punishment...........................................,..........................HB 474 Municipal courts; judges; residency requirements.........................................................HB 241 Municipal courts; jurisdiction; shoplifting......................................................................HB 458 Municipal courts; law libraries; fee..........................................,.......................................HB 542 Municipal courts; motor vehicle emission violations; jurisdiction..............................HB 465 Municipal courts; proof of motor vehicle insurance; jurisdiction ...............................HB 240 Municipal governing authority; members' terms................................................................SB 3 Municipalities; water or sewage systems; rates, fees, tolls, or charges for services ....................................................................................................HB 501 Newton County Industrial Development Authority; population classification ....................................................................................................................HB 607 Pari-mutuel wagering; certain counties - CA.................................................................HR 108 Payment of taxes; check made payable to county ........................................................HB 404 Public facilities; voter approval - CA.................................................................................SR 92 Redevelopment powers......................................................................................................HB 430 Revenue bonds; investment of proceeds..........................................................................SB 262 Roadside vendors; regulate................................................................................................HR 154 Short-term debt; taxable property - CA............................................................................SR 12 Short-term indebtedness ......................................................................................................SB 28 Special county one percent sales tax; hospitals.............................................................HB 170 Special county one percent sales tax; purposes .............................................................HB 281 Trains; municipalities; speed limits .................................................................................HB 700 Urban enterprise zones - CA ............................................................................................HR 118 Urban enterprise zones; provide.......................................................................................HB 642 Urban Residential Finance Authorities; amend provisions..........................................HB 640 Water or sewage facilities; contracts - CA......................................................................HR 416 Water or sewage facilities; finance through Georgia Development Authority - CA................................................................................................................HR 363 Zoning procedures; Fulton and DeKalb Counties .........................................................HB 325 Zoning procedures; Fulton County ..................................................................................HB 457 Zoning Procedures Law; enact............................................................................................HB 51 Zoning Procedures Law for Metropolitan Counties; provide.......................................HB 715 Zoning prohibitions; county officials; property interest ...............................................HB 618 Zoning; salt-water islands ..................................................................................................HB 911 LOCAL OPTION SALES TAX Educational purposes; property tax relief - CA.............................................................HR 279 Special county one percent sales tax; hospitals .............................................................HB 170 Special county one percent sales tax; purposes .............................................................HB 281 LONG COUNTY; commissioners; compensation ...........................................................HB 818 LONGHORN STEAKS; commend ..................................................................................HR 340 LOOKOUT MOUNTAIN CIRCUIT; add judge .........................................................HB 335 LOTTERY Chain letter and pyramid club ............................................................................................SB 62 Refer to numerical index for page numbers INDEX 2537 LOTTERY (Continued) Charitable organizations; provide - CA.............................................................................HR 19 Lottery equipment; manufacture, sale, and transport ....................................................HB 99 State lottery; educational purposes; indigent care - CA.................................................HR 78 State lottery; provide.........................................................................................................HB 337 LOWNDES COUNTY Ad valorem tax exemption; extend Constitutional Amendment.................................HB 104 Board of education; extend Constitutional Amendment..............................................HB 551 Commissioners; compensation..........................................................................................HB 544 Historical property; ad valorem tax exemption extend Constitutional Amendment..............................................................................HB 107 Itinerant peddlers; regulate; extend Constitutional Amendment...............................HB 106 License taxes; extend Constitutional Amendment........................................................HB 102 Lowndes County-City of Valdosta; revenue and tax administrations; extend Constitutional Amendment ................................................HB 108 Property assessments; extend Constitutional Amendment..........................................HB 105 Tax assessors; extend Constitutional Amendment........................................................HB 548 Valdosta-Lowndes County Industrial Authority; extend Constitutional Amendment...........................................................................................HB 304 LUKE GARRETT MIDDLE SCHOOL; recognize ....................................................HR 287 LUMSDEN, TROOPER FIRST CLASS D.E.; commend........................................HR 160 LYONS, CITY OF Development Authority; extend Constitutional Amendment ....................................HB 1040 Mayor and council ..............................................................................................................HB 327 M MACON, CITY OF Corporate limits..................................................................................................................HB 785 Macon-Bibb County; consolidated government; provide..............................................HB 734 Macon-Bibb County Industrial Authority; add member..............................................HB 553 Macon-Bibb County Water and Sewerage Authority; amend Act............................HB 1068 Macon-Bibb County Water and Sewerage Authority; certain projects....................HB 1072 MACON COUNTY Board of education; provide...............................................................................................SB 250 Commission; districts and members .................................................................................SB 236 Industrial Building Authority; extend Constitutional Amendment ............................SB 184 MADISON COUNTY Board of education; extend Constitutional Amendment..............................................HB 895 Certain officers; compensation .........................................................................................HB 897 Commissioners; compensation ..........................................................................................HB 903 Industrial Development and Building Authority; extend Constitutional Amendment ..............................................................................HB 894 Industrial Development and Building Authority; provisions.......................................HB 899 Sheriff; compensation.........................................................................................................HB 898 MADISON COUNTY HIGH SCHOOL SOFTBALL TEAM; commend............HR 147 MAGISTRATE COURTS (Also, see named Jurisdiction) Cash bonds; certain violations ...........................................................................................SB 123 Refer to numerical index for page numbers 2538 INDEX MAGISTRATE COURTS (Also, see named Jurisdiction) (Continued) Civil actions; service of process .............................................................................................SB 7 Civil claims; jurisdiction ................................................................................................,...HB 215 Deputy clerks sign summons ...............................................................................................SB 88 Fulton County; jurisdiction...............................................................................................HB 647 Judge; full-time or part-time; number, selection, term ................................................HB 652 Judge; practice in own court; restrictions .......................................................................HB 651 Judges and employees; liability insurance; provide coverage ...........................................SB 2 Postjudgment discovery........................................................................................................SB 87 Probate court judge; serve as magistrate; compensation.................................................SB 73 Sheriffs' Retirement Fund; benefits; fee in civil cases .................................................HB 318 MAHAFFEY, MIKE; commend .........................................................................................HR 42 MALCHOW, NORMA H.; commend ................................................................................HR 66 MALT BEVERAGES (See Alcoholic Beverages and Alcoholism) MANDRELL, BARBARA; recognize .............................................................................HR 430 MARIETTA, CITY OF Corporate limits....................................................................................................................HB 72 Corporate limits ................................................................................................................HB 1032 Corporate limits .....................................................................................................................SB 23 De-annex certain property ..............................................................................................HB 1009 De-annex certain property .................................................................................................SB 107 Downtown Marietta Development Authority; enlarge downtown district...............HB 1050 Enlarge downtown district ................................................................................................HB 956 MARIJUANA; possession, trafficking; penalty ...............................................................SB 166 MARION COUNTY; education districts ......................................................................HB 1084 MARKETS; Federal Marketing and Bargaining Act; urge enactment.........................SR 154 MARRIAGE (See Domestic Relations) MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Add member to Board .......................................................................................................HB 238 Add members to Board........................................................................................................HB 36 Employees' benefits; repeal certain limitation.................................................................HB 46 Labor relations officer; appoint........................................................................................HB 736 MARTIAL ARTS; create Study Committee.....................................................................HR 56 MARY PERSONS HIGH SCHOOL DEBATE TEAM; commend .......................HR 302 MASSAGE, MASSEURS Nonmedical health care practitioners; licensing ..........................................................HB 1121 State Board of Massage; establish ...................................................................................HB 476 MAYORS' DAY; recognize...................................................................................................HR 84 MCCALL, TOM;commend................................................................................................HR 128 MCCLELLAN, SHAWN; commend..................................................................................HR 43 MCDUFFIE COUNTY; tax commissioner; compensation...........................................HB 654 MCEVER, JIMMIE; commend ........................................................................................HR 268 MCGARITY, HONORABLE EDWARD E.; commend.............................................HR 375 Refer to numerical index for page numbers INDEX 2539 MCINTOSH COUNTY Industrial Development Authority; creation; extend Constitutional Amendment..............................................................................................SB 44 Industrial Development Authority; define project........................................................HB 109 MEDICAL ASSISTANCE, DEPARTMENT OF Eyeglass program; urge use of previous system.............................................................HR 295 Fraud....................................................................................................................................HB 543 Medicare and Medicaid providers; recognize .................................................................HR 388 Reciprocal arrangements ...................................................................................................HB 199 MEDICAL PRACTICE (See Physicians and Osteopaths) MENTAL HEALTH Abortions; certain minors or incompetent persons; notices.........................................HB 310 Alcoholism and drug abuse; clinical records; release ....................................................HB 793 Alcoholism and drug abuse treatment; portion of fine or forfeiture; driving under the influence - CA.................................................................................HR 296 Alcoholism treatment; effective date...................................................................................HB 8 Center for Rehabilitation Technology Study Committee; create................................HR 167 Civil practice; action on behalf of infant; bond..............................................................SB 234 Cost of care; liability ..........................................................................................................HB 658 Criminal procedure; guilty but mentally U1.....................................................................SB 129 Developmentally disabled persons; habilitation ............................................................HB 873 Drug dependency or abuse; treatment programs; license..............................................SB 219 Handicapped children; special education services.........................................................HB 262 Handicapped children; special education services; expenses.......................................HB 263 Handicapped persons; Human Resources provide services.............................................SB 22 Income tax refunds; setoff collections; claimant agencies..........................................HB 1108 Mentally ill persons; emergency care ...................................................................................SB 6 Mentally ill persons; hearing officers; fees .........................................................................HB 6 Mentally ill persons; involuntary hospitalization ...........................................................SB 153 Mentally ill persons; voluntary transfer; state facilities...................................................HB 5 Mentally incompetent persons; sterilization...................................................................HB 237 Mentally incompetent persons; sterilization ...................................................................SB 110 Mentally retarded persons; service; court order for examination ...............................HB 313 Mentally retarded persons; transfer custody..................................................................HB 207 Residents absent from certain facilities; missing person.................................................SB 84 Sexual contact offenses; amend Criminal Code.............................................................HB 184 Staffing in Mental Health Facilities Joint Study Committee; create.............................SR 8 MERIT SYSTEM (Also, see State Employees or State Government) Annual personnel report; copy to General Assembly members...................................HB 783 Labor, Department of; exclude certain positions from classified service..............................................................................................................HB 681 Operational audits ..............................................................................................................HB 491 Personnel Board; certain committees; review rules........................................................SB 145 Personnel Board; rules and regulations; review...............................................................HB 77 Professional Practices Commission; executive director and employees .....................HB 388 MERIWETHER COUNTY Board of education; reconstitute ......................................................................................HB 580 Commissioners; election.....................................................................................................HB 581 METTER HIGH SCHOOL TIGER BAND; commend.............................................HR 408 MILAM, NITA; invite to House .......................................................................................HR 300 MILITARY AFFAIRS Ad valorem tax; homestead exemption; certain disabled veterans .............................HB 509 Refer to numerical index for page numbers 2540 INDEX MILITARY AFFAIRS (Continued) Educational grants and loans; draft registration requirement ....................................HB 969 Emergency Management Division; Department of Defense; executive director............................................................................................................HB 693 Emergency Management Division; Department of Defense; executive director.............................................................................................................SB 213 Employees' retirement; certain military service credit Georgia Medal of Honor; design and strike; authorization..........................................HR 260 Georgia Medal of Honor; design and strike; authorization...........................................SR 176 Georgia State Guard; change name to State Defense Force........................................HB 565 Georgia State Guard; change name to State Defense Force.........................................SB 202 Georgia War Veterans Home; urge additional appropriation.......................................SR 158 Hunting and fishing; honorary licenses; certain veterans ..........................................HB 1128 Income tax exemption; certain retirement benefits ........................................................HB 34 Income tax exemption; certain retirement income........................................................HB 829 License plates; deceased prisoner of war; spouse's eligibility ....................................HB 1105 License plates; prisoners of war; definition ......................................................................HB 79 Motor vehicles; prisoners of war; ad valorem tax exemption ....................................HB 1106 Northeast Georgia Study; including Curry Creek Dam and Lake..............................HR 214 Organized militia; officers; occupy certain positions...................................................HB 1100 Teachers Retirement System; certain military service credit......................................HB 779 Veterans Dioxin and Radiation Exposure; praise Congressional Act.........................HR 439 Vietnam War; prisoners of war and missing in action; resolve certain issues ....................................................................................................................SR 190 MILLEDGEVILLE, CITY OF Amend charter .....................................................................................................................SB 117 Certain city officials; terms................................................................................................SB 260 Convey property ....................................................................................................................SR 10 Convey property ....................................................................................................................SR 96 MILLER, JEFFREY TODD; commend ........................................................................HR 210 MILLER, M. L.; recognize..................................................................................................HR 264 MINGLEDORFF, WALTER LEE, JR.; condolences.................................................HR 262 MINING AND MINERAL RESOURCES Cave entry; owner's written permission ...........................................................................SB 210 Commercial Code; financing statement; maturity date................................................HB 712 Surface mining; ownership change; maximum bond.......................................................HB 25 MINORS Abortions; notices ...............................................................................................................HB 310 Adoption assistance; interstate compacts; Human Resources enter...........................HB 200 Alcohol and drug safety course; repeal certain provisions...........................................HB 361 Alcoholic beverages; age for purchasing............................................................................HB 21 Alcoholic beverages; age for purchasing..........................................................................HB 202 Alcoholic beverages; age for purchasing.............................................................................SB 13 Alcoholic beverages; identification for purchasing ..........................................................HB 20 Alcoholic beverages; providing to certain persons; penalty........................................,.HB 142 Alcoholic beverages; retail sales; minors on premises ...................................................HB 317 Alcoholic beverages; sale to underage persons; notification.........................................HB 558 Alcoholic beverages; underage buyer; arrest by retailer ...............................................HB 936 Certain care homes; record checks...................................................................................HB 462 Child Abuse Action Fund; establish ..............................................................................HB 1107 Child abuse; admissible evidence .......................................................................................HB 18 Child abuse; admissible evidence .....................................................................................HB 292 Child abuse; evidence; confidentiality .............................................................................HB 383 Refer to numerical index for page numbers INDEX 2541 MINORS (Continued) Child abuse; prosecution; time limitation.......................................................................HB 385 Child abuse; reporting requirements .............................................................................HB 1092 Child Abuse Study Committee; create............................................................................HR 169 Child custody; age of child to select parent ...................................................................HB 315 Child custody; court jurisdiction......................................................................................HB 499 Child custody; home investigations; contested cases....................................................HB 444 Child custody; interviews with child................................................................................HB 445 Child custody; parental agreement ..................................................................................HB 377 Child custody; shared parental responsibility ................................................................HB 424 Child custody; shared parental responsibility ................................................................HB 699 Children and Youth Study Committee; create ................................................................HR 89 Civil practice; action on behalf of infant; bond..............................................................SB 234 Conditional driver's license; age requirement ..................................................................HB 17 Conditional driver's license; amend provisions ................................................................HB 90 Conditional driver's license; suspension; limited permit ..............................................HB 382 Conditional driver's license; waive certain alcohol and drug abuse course requirements ............................................................................................HB 360 Criminal cases; child victim or witness; speedy trial ..................................................HB 1087 Day-care homes and centers; safety fire regulations.....................................................HB 369 Deprived child; detention hearing; time limitation.......................................................HB 185 Division of Youth Services; felony conviction; jurisdiction............................................HB 14 Education; surrogate parents; immunity from liability .................................................SB 121 Gifts to Minors Act; definition of financial institutions ..............................................HB 373 Grandparents; visitation rights.........................................................................................HB 892 Guardian and ward; estate plan; minimize taxes ..........................................................HB 493 Handicapped children; special education services.........................................................HB 262 Handicapped children; special education services; expenses.......................................HB 263 Handicapped children; standard of care.........................................................................HB 586 Handicapped persons; Human Resources provide services.............................................SB 22 Income tax credits; child care, household, and dependent care expenses ...................................................................................................................HB 765 Interference with custody; penalty ..................................................................................HB 500 Juvenile courts; access to records; certain school officials ...........................................HB 620 Juvenile courts; traffic offenses; jurisdiction..................................................................HB 540 Minor child; petition for legitimation..............................................................................HB 907 Motor vehicles; child restraint; exceptions .....................................................................HB 690 Parental rights; termination..............................................................................................HB 175 Schools; scoliosis screening; notices ..................................................................................SB 165 Sex crimes; exploit child; reports by film processors.......................................................SB 79 Sexual contact; hearsay evidence .....................................................................................HB 289 Sexual contact offenses; amend Criminal Code.............................................................HB 184 Sexual offenses; admissible evidence...............................................................................HB 757 Sexual offenses; certain protection ....................................................................................HB 29 Sexual offenses; priority court cases..................................................................................HB 28 Sexual offenses; victims 14 years or younger; testimony................................................HB 27 Teenage and Youth Unemployment Study Committee..................................................HR 11 Trials; child victim or witness; videotaped deposition ...............................................HB 1086 Victims of crime; depositions............................................................................................HB 288 Youth Art Month in Georgia; relative to........................................................................HR 249 Youthful Offender Act of 1972; revise provisions ..........................................................SB 157 MITCHELL COUNTY Development Authority; extend Constitutional Amendment......................................HB 550 Mitchell County-Pelham School Districts; sales tax; extend Constitutional Amendment ...........................................................................................HB 342 MITCHELL, HONORABLE TOM; commend.............................................................HR 431 Refer to numerical index for page numbers 2542 INDEX MITCHELL, MARGARET; recognize..............................................................................HR 75 MIXED DRINKS (See Alcoholic Beverages and Alcoholism) MOBILE HOMES OR MANUFACTURED HOUSING Ad valorem tax; mobile homes; designation...................................................................HB 914 Motor carriers; exclusion...................................................................................................HB 610 MONEY, HONORABLE JERRY HIGH; wish speedy recovery..............................HR 434 MONTGOMERY COUNTY Development Authority; extend Constitutional Amendment ......................................HB 731 Superior court clerk; compensation.................................................................................HB 729 MONTGOMERY, SIDNEY FRANK; commend.........................................................HR 248 MOODY, HONORABLE LUNDSFORD; commend .................................................HR 222 MOORE, DAVID L.; commend........................................................................................HR 441 MOORE, FA YE B.; commend...........................................................................................HR 217 MOORE, WILLIAM S.; commend...................................................................................HR 423 MORELAND, TOWN OF; new charter ........................................................................HB 1080 MORGAN COUNTY Board of education; members...........................................................................................HB 611 Magistrate court clerk; selection .......................................................................................SB 259 MORGANTON, TOWN OF; mayor and council; terms...............................................HB 944 MORTGAGES (See Liens and Mortgages or Property) MOSHELL, PHILIP AND ANN; invite to House......................................................HR 116 MOTOR CARRIERS Appeals; heard by Public Service Commission..............................................................HB 655 Income tax; operating authorities....................................................................................HB 718 Interstate highways; urge use by certain trucks ............................................................HR 393 Mobile homes or manufactured housing; exclusion ......................................................HB 610 Motor Transit Load Limitation Study Committee; create ..........................................HR 328 Motor vehicles; tire covers; requirement.........................................................................HB 534 Sales tax exemptions; certain items.................................................................................HB 590 Transportation of Hazardous Materials Act; new Code Chapter ................................SB 214 Transportation of Hazardous Materials Act; provide...................................................HB 917 Transporting hazardous materials; regulations..............................................................HB 507 Trucks and tractors; name displayed..............................................................................HB 203 Trucks and tractors; name displayed; exceptions..........................................................HB 555 MOTOR FUEL AND ROAD TAX Gasoline marketing practices; Below Cost Sales Act.....................................................SB 108 Gasoline marketing practices; retail sales.......................................................................HB 449 Motor fuel tax; nonhighway use exemption...................................................................HB 431 MOTOR VEHICLES AND TRAFFIC Abandonment; foreclosure of liens...................................................................................HB 130 Accidents; damages; financial responsibility..................................................................HB 601 Ad valorem tax; exemption; prisoners of war...............................................................HB 1106 Alcoholic beverages; consumption while driving............................................................HB 414 Alcoholic beverages; consumption while driving............................................................HB 489 Certificate of Title; cancellation of certain vehicles........................................................HB 66 Certificate of Title; certain designations; notify GBI.....................................................HB 54 Refer to numerical index for page numbers INDEX 2543 MOTOR VEHICLES AND TRAFFIC (Continued) Certificate of Title; fee for application .............................................................................HB 55 Certificate of Title; salvage vehicles ..................................................................................HB 45 Certificate of Title; show previous owner.......................................................................HB 132 Child restraint; exceptions ................................................................................................HB 690 Conditional driver's license; age requirement..................................................................HB 17 Conditional driver's license; suspension; limited permit ..............................................HB 382 Conditional driver's license; waive certain alcohol and drug abuse course requirements ............................................................................................HB 360 Deceptive practices; conform to federal odometer regulations....................................HB 448 Defensive driving course; fee ..............................................................................................HB 57 Driver's license; facial photograph .....................................................................................HB 19 Driver's license record; access; certain persons.................................................................SB 45 Driver's license restoration; certain courses; reciprocity .................................................SB 35 Driver's license; suspension; failure to respond to traffic citation..............................HB 179 Driver's license; suspension for certain conviction; probation.....................................HB 359 Driver's license; suspension; foreign judgments.............................................................HB 545 Driver's license; unlawful use; contraband .....................................................................HB 932 Driving records; availability; Boards of Education .......................................................HB 393 Driving under the influence; accidents; serious injuries; penalty ...............................HB 496 Driving under the influence; arrest; release impounded vehicle.................................HB 146 Driving under the influence; arrests; bail prohibitions..................................................SB 122 Driving under the influence; bail prohibitions...............................................................HB 792 Driving under the influence; chemical tests; admissibility ........................................HB 1021 Driving under the influence; conditional driver's license; amend provisions ..............................................................................................................HB 90 Driving under the influence; nolo contendere plea; requirements.................................SB 33 Driving under the influence; penalty provisions............................................................HB 706 Driving under the influence; prevention, education, and treatment; portion of fine or forfeiture - CA.................................................................................HR 296 Driving under the influence; second suspension; alcohol education program.............................................................................................................SB 29 Emission inspection; amend provisions............................................................................SB 115 Emission inspection; fees...................................................................................................HB 336 Emission standards; amend Crimes and Offenses.........................................................HB 220 Emission standards; Certificate of Title .........................................................................HB 221 Emission standards; violations; municipal courts..........................................................HB 465 Emory University; special license plates; sesquicentennial founding.........................HB 235 Flashing or revolving red lights........................................................................................HB 455 Flashing signals; traveling below speed limits ...............................................................HB 169 Handicapped parking; violations; towing expenses ........................................................SB 182 Hay bales; weight limits ..................................................................................................HB 1066 Highways; projecting loads; lights or flags......................................................................HB 201 Highways; weight and load of vehicles............................................................................HB 122 Highways; weight and load of vehicles; certain permits...............................................HB 232 Homicide by vehicle; punishment......................................................................................HB 63 Insurance; counties and municipalities ............................................................................SB 125 Insurance; reduce benefits; certain health plans ...........................................................HB 276 Insurance; self-insurers; qualifications ............................................................................HB 665 Insurance; spouse's coverage; termination ......................................................................HB 346 Insurance; towing and storage charges; certain policies ...............................................HB 364 Interstate highways; urge use by certain trucks ............................................................HR 393 Joint Savannah Transit Authority Study Committee; create........................................HR 53 Joint Tandem Trailer Access to Public Roads Study Committee; create...................HR 74 Juvenile courts; traffic offenses; jurisdiction..................................................................HB 540 Law enforcement; marking on vehicles ...........................................................................HB 466 Law enforcement officers; compensation for attendance; driving under the influence hearing ...............................................................................SB 30 Refer to numerical index for page numbers 2544 INDEX MOTOR VEHICLES AND TRAFFIC (Continued) License plates; deceased prisoners of war; spouse's eligibility ..................................HB 1105 License plates; fees for special plates ................................................................................HB 43 License plates; fees payable to office...............................................................................HB 143 License plates; prisoners of war; definition......................................................................HB 79 License plates; reporting lost or mutilated plates .........................................................HB 134 License plates; staggered registration..............................................................................HB 287 License plates; staggered registration..............................................................................HB 401 Motor carriers; appeals; heard by Public Service Commission ...................................HB 655 Motor carriers; exclusion; mobile homes or manufactured housing ...........................HB 610 Motor carriers; flat-bed trailers; length ..........................................................................HB 376 Motor carriers; flat-bed trailers; length ..........................................................................HB 591 Motor carriers; flat-bed trailers; length ..........................................................................HB 692 Motor carriers; operating authorities; income tax.........................................................HB 718 Motor carriers; sales tax exemptions; certain items......................................................HB 590 Motor carriers; transport hazardous materials; regulations .........................................HB 507 Motor fuel tax; nonhighway use exemption ...................................................................HB 431 Motor Transit Load Limitation Study Committee; create ..........................................HR 328 Motor Vehicle Sales Finance; charges.............................................................................HB 452 Motorcycles; license fees....................................................................................................HB 230 Municipal court jurisdiction; operating without insurance..........................................HB 240 Operating without insurance.................................................................................................HB 7 Public Safety, Department of; disseminating information...........................................HB 274 Registration; duplicates .....................................................................................................HB 133 School bus drivers; loading children; report vehicles passing......................................HB 301 School crossings; safety provisions.....................................................................................HB 65 Seat belts; requirement........................................................................................................HB 38 Stolen vehicles; proof of ownership; return.....................................................................SB 135 Student Transportation Safety Study Committee; create ...........................................HR 240 Taxation; prorated registration fee.....,............................................................................HB 286 Taxation; prorated registration fee..................................................................................HB 400 Tire covers; requirement....................................................................................................HB 534 Towing requirements............................................................................................................HB 70 Traffic regulations; pedestrians under the influence ....................................................HB 117 Transportation of Hazardous Materials Act; new Code Chapter ................................SB 214 Transportation of Hazardous Materials Act; provide...................................................HB 917 Trucks and tractors; name displayed ..............................................................................HB 203 Trucks or tractors; display name; certain exceptions ...................................................HB 555 Uniform Rules of the Road; amend provisions..............................................................HB 571 Uniform Rules of the Road; amend provisions.................................................................SB 89 Used car dealers; qualifications; certain exemptions ....................................................HB 494 Vintage license plates; historical vehicles.......................................................................HB 619 Warranties; requirement..................................................................................................HB 1126 MOTORCYCLES; license fees ..........................................................................................HB 230 MOULTRIE, CITY OF Mayor and council..............................................................................----..................--HB 15 Moultrie-Colquitt County Development Authority; extend Constitutional Amendment...........................................................................................HB 854 MUNICIPALITIES (Also, see Local Governments or named Municipality) Airports; municipal territory; ad valorem tax........................--.....................................HB 632 Alcoholic beverages; sales on election day; referendum ...............................................HB 247 Alcoholic beverages; Sunday sales; certain municipalities...........................................HB 583 Allocation of bonds............................................................................-.----............----.....HB 95 Annexation....................................................................................................-...---------HB 121 Annexation; additional method........................................................................................HB 410 Refer to numerical index for page numbers INDEX 2545 MUNICIPALITIES (Also, see Local Governments or named Municipality) (Continued) Annexation; 100% of landowners......................................................................................SB 150 Area Planning and Development Commissions; certain members; election............HB 1118 Area Planning and Development Commissions; relative to functions .......................HR 360 Audits; amend provisions ...................................................................................................SB 228 Audits; comply with federal requirements......................................................................HB 858 Boards of education; communication council; establish .................................................HB 98 Boards of education, election; school superintendents, appointment - CA...........................................................................................................HR 331 Boards of health; certain consolidated government; services .......................................SB 134 Branch banking; limited purpose bank; define..............................................................HB 279 Branch banking; metropolitan statistical area; define.....................................................SB 65 Business license; restrictions.............................................................................................HB 154 Claims Advisory Board; certain claims; process ............................................................HB 257 County and independent school superintendents; qualifications................................HB 328 Development authorities; office building facilities; description ................................HB 1007 Education; school security personnel; powers ................................................................HB 568 Elections; incumbent; indicate on ballot.........................................................................HB 379 Employees Retirement; part-time employees.................................................................HB 425 Governing authority; members' terms..................................................................................SB 3 Highways; private driveways; delete certain prohibitions............................................HB 797 House Land Use Planning Procedures Study Committee; create ..............................HR 332 Housing authorities; number of commissioners .............................................................HB 243 Jail; incur debt for building - CA......................................................................................HR 14 Joint Land Use Planning Procedures Study Committee; create ................................HR 239 Joint Urban County and Municipal Study Committee..................................................HR 15 Land covenants; time limitation ......................................................................................HB 127 Law Enforcement Officers' Rules and Procedures Act; enact.....................................HB 812 Local boards of education; organization and chairman; provide by local law........................................................................................................HB 859 Local Constitutional Amendments Overview Committee; create................................HR 170 Local Government Services Equity Act; enact ..............................................................HB 478 Mayors' Day; recognize........................................................................................................HR 84 Motor vehicle insurance......................................................................................................SB 125 Municipal courts; alternative punishment......................................................................HB 474 Municipal courts; judges; residency requirements.........................................................HB 241 Municipal courts; jurisdiction; shoplifting......................................................................HB 458 Municipal courts; law libraries; fee..................................................................................HB 542 Municipal courts; motor vehicle emissions violations...................................................HB 465 Municipal courts; proof of motor vehicle insurance; jurisdiction ...............................HB 240 Municipal courts; theft by shoplifting.............................................................................HB 459 Property conveyance; certain counties; municipalities ...................................................HR 91 Public facilities; voter approval - CA.................................................................................SR 92 Public retirement systems; certain crimes; restrict membership................................HB 258 Redevelopment powers ......................................................................................................HB 430 Revenue bonds; investment of proceeds ..........................................................................SB 262 Roadside vendors; regulate................................................................................................HR 154 Short-term debt; taxable property - CA............................................................................SR 12 Short-term indebtedness ......................................................................................................SB 28 State Board of Education; health improvement program; establish ............................HB 49 Trains; municipalities; speed limits .................................................................................HB 700 Urban enterprise zones - CA ............................................................................................HR 118 Urban enterprise zones; provide.......................................................................................HB 642 Urban Residential Finance Authorities; amend provisions..........................................HB 640 Water or sewage facilities; contracts - CA......................................................................HR 416 Water or sewage facilities; finance through Georgia Development Authority - CA................................................................................................................HR 363 Refer to numerical index for page numbers 2546 INDEX MUNICIPALITIES (Also, see Local Governments or named Municipality) (Continued) Water or sewage systems; rates, fees, tolls, or charges for services............................HB 501 Zoning power .........................................................................................................................HB 51 MURPHY, EDDIE BRICE; condolences.......................................................................HR 273 MURRAY COUNTY Certain officers; compensation.........................................................................................HB 865 Commissioner; compensation ............................................................................................HB 866 Coroner; compensation and deputy .................................................................................HB 864 Industrial Development Authority; extend Constitutional Amendment ...................HB 541 MURRAY COUNTY HIGH SCHOOL Football team; commend...................................................................................................HR 435 Wrestling team; commend......................................,..........................................................HR 437 MUSCOGEE COUNTY Ad valorem tax; extend Constitutional Amendment ....................................................HB 526 Ad valorem tax; extend Constitutional Amendment ....................................................HB 527 Certain funds; extend Constitutional Amendment .......................................................HB 521 Certain tax exemption; extend Constitutional Amendment ........................................HB 524 Certain tax exemption; extend Constitutional Amendment........................................HB 528 Columbus-Muscogee County Port Development Commission; extend Constitutional Amendment ...........................................................................................HB 516 Columbus-Muscogee County; consolidation; extend Constitutional Amendment...........................................................................................HB 518 Columbus-Muscogee County; school district; extend Constitutional Amendment ...........................................................................................HB 510 Coroner; compensation.......................................................................................................HB 808 Coroner's salary; repeal Act providing ..........................................................................HB 1006 Education districts; extend Constitutional Amendment ..............................................HB 512 Health department; extend Constitutional Amendment..............................................HB 513 Homestead exemptions; extend Constitutional Amendment.......................................HB 525 Industrial Development Authority; extend Constitutional Amendment ...................HB 517 Property conveyance; certain counties; municipalities ...................................................HR 91 Revenue bonds; extend Constitutional Amendment.....................................................HB 522 School board election; referendum ...................................................................................SB 175 School district; art galleries...............................................................................................HB 992 School superintendent; contract maximum ....................................................................HB 511 School district; tax exemption; extend Constitutional Amendment...........................HB 523 MUSIC; New York Metropolitan Opera; commend ........................................................HR 356 N NARCOTICS (See Drugs and Drug Dependency and Abuse) NATIONAL GUARD Emergency Management Division; Department of Defense; executive director ............................................................................................................HB 693 Emergency Management Division; Department of Defense; executive director.............................................................................................................SB 213 Georgia State Guard; change name to State Defense Force........................................HB 565 Georgia State Guard; change to State Defense Force ...................................................SB 202 Organized militia; officers; occupy certain positions...................................................HB 1100 Refer to numerical index for page numbers INDEX 2547 NATURAL RESOURCES (See Conservation and Natural Resources) NELSON, MARGARET; commend ................................................................................HR 348 NEW YORK METROPOLITAN OPERA; commend ...............................................HR 356 NEWNAN, CITY OF Board of Water, Sewerage and Light Commission; extend Constitutional Amendment ...........................................................................................HB 838 Newnan-Coweta County; school system; extend Constitutional Amendment ..........HB 673 Utility systems; governing authority; extend Constitutional Amendment ................HB 839 NEWSOME, BOOKER T.; commend .............................................................................HR 422 NEWSPAPERS (See Publications) NEWTON COUNTY Board of education; compensation...................................................................................HB 608 Commissioners; compensation ..........................................................................................HB 576 Industrial development authority; population classification .......................................HB 607 Industrial Development Authority; extend Constitutional Amendment ...................HB 986 NIXON, WILEY; commend ...............................................................................................HR 374 NO-FAULT INSURANCE (See Insurance or Motor Vehicles and Traffic) NONRESIDENTS Auctioneers; licensing.........................................................................................................HB 847 Driver's license restoration; certain courses; reciprocity .................................................SB 35 Insurers; mail-order business; advertisements ...............................................................HB 272 Sales tax exemption; boats purchased by nonresidents................................................HB 884 NORTH WHITFIELD MIDDLE SCHOOL; commend ...........................................HR 317 NORTHEASTERN JUDICIAL CIRCUIT; add judge..............................................SB 186 NOTARIES PUBLIC Amend provisions ...............................................................................................................HB 319 Notaries Public Study Committee .....................................................................................HR 16 NUISANCES; public health violations; certain counties ..............................................HB 407 NUNN, MARSHALL CISERO FAMILY; commend................................................HR 395 NURSING HOMES Barbershops and beauty shops; services ..........................................................................SB 139 Health insurance; long-term care services; coverage.....................................................HR 190 Living wills; certain form ...................................................................................................SB 191 Living wills; distribution....................................................................................................HB 446 Long-term care facilities; covered entranceway.............................................................HB 573 Medical assistance; fraud...................................................................................................HB 543 Personal care homes; permits ...........................................................................................HB 777 Personal care homes; personnel record checks...............................................................HB 461 Personal care homes; safety standards................................................................................HB 2 Residents absent from certain facilities; missing person.................................................SB 84 NUSSBAUM, HERBERT H.; condolences...................................................................HR 347 Refer to numerical index for page numbers 2548 INDEX o OAKWOOD, CITY OF; corporate limits ........................................................................HB 557 OATHOFOPFICE...........................,...........................................................................Pages 7,15 OBSCENITY; telephone communications; prohibit certain commercials ..................HB 177 OCILLA, CITY OF; railroad closing; service..................................................................HR 196 OCMULGEE JUDICIAL CIRCUIT; court reporters; compensation.......................SB 172 OCONEE, CITY OF; relative to Post Office ..................................................................HR 278 OCONEE COUNTY; intermediate school, elementary school, school superintendent, and board of education; commend..........................................HR 206 OFFENDER REHABILITATION, DEPARTMENT OF (Also, see Penal Institutions) Board of Offender Rehabilitation; change name to Board of Corrections ..................HB 22 Death penalty; date of execution .....................................................................................HB 248 Death penalty; date of imposition ...................................................................................HB 159 Death penalty; eliminate ...................................................................................................HB 390 Death penalty; lethal injection .........................................................................................HB 848 Death penalty; moratorium.................................................................................................HR 87 Death penalty; televise executions ...................................................................................HB 891 Diversion centers; placement restrictions .......................................................................HB 283 Georgia Correctional Industries Authority; create ........................................................HB 490 House Diversion Centers and Halfway Houses Study Committee; create ................HR 329 Injured in line of duty; certain persons; compensate....................................................HB 267 Victims of crime; Pardons and Paroles, Board of; allocate funds - CA ......................SR 22 Youthful Offender Act of 1972; revise provisions ..........................................................SB 157 OLIVER, CITY OF; new charter......................................................................................HB 959 OLIVER, REPRESENTATIVE DONALD; oath of office ......................................Page 15 OLSON, DOROTHY PITTS; recognize.........................................................................HR 323 OSTRANDER, VITA Commend.............................................................................................................................HR 258 Commend..............................................................................................................................SR 167 PACE, JOHN GROVER CLEVELAND; congratulations on 100th birthday..........HR 82 PAGE STAFF, HOUSE OF REPRESENTATIVES; commend ............................HR 373 PARDONS AND PAROLES Injured in line of duty; certain persons; compensate....................................................HB 267 Murder; life sentence; prohibit parole - CA......................................................................SR 83 Notification of parole.........................................................................................................HB 219 Notification of parole; certain persons.....,.........................................................................SB 75 Pardons and Paroles, State Board of; elect members...................................................HR 237 Pardons and Paroles, State Board of; elect members...................................................HR 272 Parole supervision fees .........................................................................................................SB 55 Reprieves, pardons and paroles, commuting penalties, and suspending death sentence; General Assembly provide by law - CA..........................................HR 444 Refer to numerical index for page numbers INDEX 2549 PARDONS AND PAROLES (Continued) Victims of crime; allocate funds - CA................................................................................SR 22 Youthful Offender Act of 1972; revise provisions ..........................................................SB 157 PARENT AND CHILD Abortions; certain minors or incompetent persons; notices .........................................HB 310 Alimony; modify judgment.................................................................................................SB 211 Child Abuse Action Fund; establish ..............................................................................HB 1107 Child abuse; admissible evidence .......................................................................................HB 18 Child abuse; admissible evidence .....................................................................................HB 292 Child abuse; evidence; confidentiality .............................................................................HB 383 Child abuse; reporting requirements .............................................................................HB 1092 Child Abuse Study Committee; create............................................................................HR 169 Child custody; age of child to select parent ...................................................................HB 315 Child custody; court jurisdiction......................................................................................HB 499 Child custody; home investigations; contested cases ....................................................HB 444 Child custody; interviews with child................................................................................HB 445 Child custody; parental agreement..................................................................................HB 377 Child custody; rights of child; age ...................................................................................HB 246 Child custody; shared parental responsibility ................................................................HB 424 Child custody; shared parental responsibility................................................................HB 699 Child custody, visitation, and property division; court actions; attorney's fees....................................................................................................................HB 11 Child or spousal support; garnishment ...........................................................................HB 155 Education; surrogate parents; immunity from liability .................................................SB 121 Grandparents; visitation rights.........................................................................................HB 892 Income tax credits; child care, household, and dependent care expenses ...................................................................................................................HB 765 Interference with custody; penalty ..................................................................................HB 500 Mentally retarded persons; transfer custody..................................................................HB 207 Minor child; petition for legitimation..............................................................................HB 907 Motor vehicles; child restraint; exceptions.....................................................................HB 690 Parental rights; termination..............................................................................................HB 175 Schools; scoliosis screening; notices ..................................................................................SB 165 Sexual offenses; admissible evidence; minors...................................................................HB 27 PARHAM, HONORABLE BOBBY EUGENE; commend.......................................HR 452 PARI-MUTUEL WAGERING; certain counties - CA................................................HR 108 PARKER, PATTY; commend............................................................................................SR 139 PARKS, HISTORIC AREAS, COMMEMORATIONS Charles A. Lindbergh; erect historical marker.................................................................HR 20 Chatham County and City of Savannah; Taxation of Restored Historical Homes Study Committee; create .................................................................HR 13 Georgia Recreation and Parks Society; commend.........................................................HR 179 Historic areas; amend provisions; underwater archeology ...........................................HB 277 Landmark museum buildings; definition ........................................................................HB 368 Official State Museum of Natural History; establish ...................................................HR 402 Presidential Library State Park Enabling Law; enact................................................HB 1060 Scottish-American Heritage Center; recognize City of Shellman ...............................HR 156 Stone Mountain Memorial Association; membership....................................................SB 205 Stone Mountain Memorial Association; police powers..................................................SB 133 Toombs Oak; University of Georgia campus; historical marker .................................HR 199 Underwater salvage or archeology; certain items; state property ...............................HB 326 "Women's History Week"; designate March 3, 1985 ....................................................HR 168 PARKVIEW HIGH SCHOOL; recognize ......................................................................HR 421 Refer to numerical index for page numbers 2550 INDEX PATTIE, ROBERT; commend............................................................................................HR 44 PAULDING COUNTY; tax commissioner; compensation ..........................................HB 290 PEACHTREE CITY, CITY OF; mayor; vote and vetoes ...........................................HB 798 PEBBLEBROOK HIGH SCHOOL PARENT TEACHER STUDENT ASSOCIATION; commend.....................................................................HR 256 PECAN DEALERS AND PROCESSORS Certain information; record.............................................................................................HB 1093 Sales tax exemption; pecan harvesting equipment........................................................HB 447 PEDDLERS AND ITINERANT TRADERS; roadside vendors; local regulation................................................................................................................'....HR 154 PELHAM, CITY OF; lease property .................................................................................HR 90 PEMBROKE, CITY OF; new charter .............................................................................HB 920 PENAL INSTITUTIONS Aggravated battery upon correctional officer; define ......................................................SB 26 Correctional institutions; violent death of inmate; notify GBI....................................SB 217 Correctional officers; witness fees .......................................................................................SB 27 Correctional Industries Administration; liability insurance.........................................HB 358 Correctional Industries Authority; create .......................................................................HB 490 County or municipal jail; incur debt for building - CA..................................................HR 14 County Probation Systems; merge with state; employee benefits ..............................HB 308 Criminal procedure; restitution for damages to state property...................................HB 167 Death penalty; date of execution .....................................................................................HB 248 Death penalty; date of imposition ...................................................................................HB 159 Death penalty; eliminate ...................................................................................................HB 390 Death penalty; lethal injection .........................................................................................HB 848 Death penalty; moratorium .................................................................................................HR 87 Death penalty; televise executions...................................................................................HB 891 Disparity in Sentencing Study Committee; create ..........................................................HR 85 Division of Youth Services; felony conviction; jurisdiction............................................HB 14 First offenders; Crime Information Center; modify records........................................HB 539 First offenders; treatment during confinement..............................................................HB 831 Georgia Correctional Officers' Week; recognize.............................................................HR 357 Habeas corpus; judge hold proceeding at institution.......................................................SB 90 Homicide by vehicle; punishment......................................................................................HB 63 House Diversion Centers and Halfway Houses Study Committee; create ................HR 329 Indemnification; law enforcement officer, fireman, guard; application ........................SB 53 Injured in line of duty; certain persons; compensate....................................................HB 267 Murder; life sentence; prohibit parole - CA......................................................................SR 83 Offender Rehabilitation, Board of; change name to Board of Corrections .................HB 22 Offender Rehabilitation; diversion centers; placement restrictions............................HB 283 Pardons and Paroles; notification of parole ...................................................................HB 219 Pardons and Paroles; notification of parole; certain persons.........................................SB 75 Pardons and Paroles, State Board of; elect members...................................................HR 237 Pardons and Paroles, State Board of; elect members...................................................HR 272 Penal institutions; use of inmates; certain prohibitions..............................,................HB 686 Prisoners; civil actions; certain forms................................................................................HB 92 Prisoners; county work-release programs........................................................................HB 120 Prisoners; parole supervision fees .......................................................................................SB 55 Probated sentence; review.................................................................................................HB 189 Public retirement systems; membership; certain prohibitions ....................................HB 426 Reprieves, pardons and paroles, commuting penalties, and suspending death sentence; General Assembly provide by law - CA.....................HR 444 Refer to numerical index for page numbers INDEX 2551 PENAL INSTITUTIONS (Continued) Victims of crime; Pardons and Paroles allocate funds - CA ..........................................SR 22 Youthful Offender Act of 1972; revise provisions ..........................................................SB 157 PENSIONS (See Retirement and Pensions) PERRY, CITY OF Amend charter.......................................................................................................................HB 86 Amend charter.......................................................................................................................HB 87 PERSONAL CARE HOMES Permits.................................................................................................................................HB 777 Personnel record checks ....................................................................................................HB 461 Safety standards .....................................................................................................................HB 2 PESTICIDES AND PEST CONTROL; boll weevil; eradication..............................SB 256 PETERS, HONORABLE ROBERT G.; congratulate ................................................HR 442 PETROLEUM PRODUCTS (See Gas, Gasoline and Gas Service) PETTIT, DR. JOSEPH; invite to House........................................................................HR 175 PHARMACISTS (See Prescription Drugs and Pharmacists or Professions and Businesses) PHILLIPS, MARY IDA CARPENTER; commend...................................................HR 429 PHOTOGRAPHERS Court proceedings; broadcast, televise, or record; certain conditions ........................HB 796 Sex crimes; exploit child; reports by film processors.......................................................SB 79 PHYSICAL THERAPISTS Disciplinary sanctions........................................................................................................HB 180 Program of treatment ........................................................................................................HB 329 PHYSICIANS AND OSTEOPATHS Breast cancer treatments; distribution of information .................................................HB 615 Certain medical facilities; report non-accidental injuries.............................................HB 250 Crimes and offenses; sale of human body parts .............................................................SB 146 Medical assistance; fraud...................................................................................................HB 543 Medical information; release.............................................................................................HB 962 Medical malpractice; limitation of actions ......................................................................SB 170 Medical student loans and scholarships; amount ..........................................................HB 622 Mentally incompetent persons; sterilization...................................................................HB 237 Mentally incompetent persons; sterilization ...................................................................SB 110 Osteopathic colleges; grants for attendance ....................................................................SB 185 Post-mortem Exam; death of hospice patient ................................................................SB 200 Post-mortem Exam; removal of pituitary glands ..........................................................HB 249 Post-mortem Exam; suspicious death; coroner's duties................................................SB 252 Prescription drugs; warning label, nutritional deficiencies..........................................HB 972 Provisional license; extend time.......................................................................................HB 233 Radiologists; regulate .........................................................................................................HB 187 Workers' Compensation; employees select physician....................................................HB 435 PIEDMONT JUDICIAL CIRCUIT Addjudge.............................................................................................................................HB 356 Addjudge..............................................................................................................................SB 264 PIERCE COUNTY Board of commissioners.....................................................................................................HB 909 Refer to numerical index for page numbers 2552 INDEX PIERCE COUNTY (Continued) Education districts..............................................................................................................HB 910 State court judge and solicitor; compensation ...............................................................HB 745 PIKE COUNTY; probate court judge; nonpartisan election.........................................SB 141 PIKE COUNTY JOURNAL AND REPORTER; commend...................................HR 351 PINE HILL WATER AND SEWERAGE AUTHORITY Repeal Act creating........................................................................................................... HB 577 PLAINS, CITY OF; 100th Anniversary; congratulate citizens....................................HR 404 PLANNING (See Zoning) POLK COUNTY Board of education; provide............................................................................................HB 1033 Tax commissioner; compensation.....................................................................................HB 559 Water Authority; members; compensation .....................................................................HB 853 POLYGRAPH EXAMINERS; regulate............................................................................SB 19 PORTER, CYNTHIA A.; commend ..................................................................................HR 45 PORTMAN, JOHN C., JR.; commend ...........................................................................HR 379 POU, DEAN EMILY QUINN; recognize ......................................................................HR 346 POWDER SPRINGS, CITY OF; mayor; powers and duties ......................................SB 287 PRESCRIPTION DRUGS AND PHARMACISTS Controlled substances; revise list.......................................................................................HB 33 Insect stings; treatment with epinephrine...........................................................................SB 5 Joint Drug Classification Study Committee; create........................................................HR 86 Pharmacists; continuing education ..................................................................................HB 688 Pharmacists; continuing education ...................................................................................SB 267 Pharmacy robbery; theft of controlled substance.............................................................SB 57 Prescription drugs; warning label, nutritional deficiencies..........................................HB 972 PRIMARIES (See Elections) PRISONS (See Penal Institutions) PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESS; amend provisions.......................................................................................HB 795 PROBATE COURTS Alias tax executions; issuance ...........................................................................................HB 307 Chief clerks; appointment ..................................................................................................SB 249 Judge; serve as magistrate; compensation .........................................................................SB 73 Judges and employees; liability insurance; provide coverage ...........................................SB 2 Judges; qualifications ...........................................................................................................HB 74 Judges; salaries....................................................................................................................HB 343 Wills; jurisdiction................................................................................................................HB 735 Wills; probate in solemn form; beneficiaries .....................................................................SB 46 PROBATION County probation systems; merge with state; employee benefits ...............................HB 308 Employees' Retirement; county probation system; options .........................................HB 422 Prisoners; first offenders; treatment during confinement .............................................HB 831 Probated sentence; review ...............................................................................................HB 189 Suspended driver's license; certain conviction...............................................................HB 359 PROFESSIONS AND BUSINESSES Applied psychology; education requirements.................................................................HB 826 Refer to numerical index for page numbers INDEX 2553 PROFESSIONS AND BUSINESSES (Continued) Athletic trainer; licensing..................................................................................................HB 643 Auctioneers; nonresidents; licensing................................................................................HB 847 Barbershops; employ certain persons; licensing.............................................................HB 679 Billiard rooms; delete alcoholic beverage prohibitions ..................................................SB 243 Business license; restrictions.............................................................................................HB 154 Business opportunities; purchaser's cancellation...........................................................HB 371 Chiropractic schools and colleges; accreditation............................................................HB 800 Chiropractors; scope of practice.......................................................................................HB 156 Cooperative associations; regulation..............................................................................HB 1136 Cosmetology; revise provisions..........................................................................................SB 154 Electrologists, State Board of; create ............................................................................HB 1139 Fair Business Practices; copies of pleadings ...................................................................SB 130 Funeral directors; examination; amend provisions...........................................................SB 92 Georgia Occupational Regulation Review Advisory Council; establish......................HB 850 Joint Small Businesses in Georgia Study Committee; create.........................................SR 17 Lease-purchase installment contracts; regulate .............................................................HB 378 Librarians; serve as deputy registrar ...............................................................................HB 190 Massage, State Board of; establish ..................................................................................HB 476 Medical malpractice; limitation of actions ......................................................................SB 170 Mortgage brokers; loan agents and solicitors; licensing..................................................HB 68 Nonmedical health care practitioners; licensing ..........................................................HB 1121 Nursing homes; barber and beauty services....................................................................SB 139 Osteopathic colleges; grants for attendance ....................................................................SB 185 Pecan dealers; certain information; record ...................................................................HB 1093 Pharmacists; continuing education..................................................................................HB 688 Pharmacists; continuing education; licensing..................................................................SB 267 Physical therapists; disciplinary sanctions.....................................................................HB 180 Physical therapists; programs of treatment....................................................................HB 329 Physicians; Post-mortem Exam; removal of pituitary glands......................................HB 249 Physicians; provisional license; extend time...................................................................HB 233 Polygraph examiners; regulate.............................................................................................SB 19 Private detectives and private security business; licensing..........................................HB 795 Professional associations; annual reports; filing fee......................................................HB 311 Radiologists; regulate.........................................................................................................HB 187 Real estate brokers and salespersons; amend provisions .............................................HB 314 Real estate; foreclosure sales; advertisement ...................................................................HB 26 Respiratory Care Practices Act; enact................................................................................SB 32 Roadside vendors; local regulation...................................................................................HR 154 Social worker; license requirement ................................................................................HB 1042 Speech-Language Pathology and Audiology, State Board of; enact...........................HB 112 Textile and apparel imports; moderate growth; urge Congress ..................................HR 166 Trademarks or service marks; counterfeit goods; ex parte seizure .............................HB 924 Trademarks or service marks; wrongful manufacture; penalty ...................................HB 918 Used car dealers; qualifications; certain exemptions ....................................................HB 494 Utility contractors; licensing...........................................................................................HB 1041 Veterinarians; license renewal .............................................................................................SB 25 Wastewater treatment plant; definition.............................................................................SB 59 Wild animal business; license fees...................................................................................HB 306 PROJECT TIP, INC.; commend ......................................................................................HR 253 PROPERTY Abandoned property; time for filing claims ....................................................................SB 140 Abandonment; certain weapons; disposal by sale or destruction................................HB 303 Ad valorem tax; appeal notices; form..............................................................................HB 595 Ad valorem tax; file return................................................................................................HB 125 Ad valorem tax; fraud; penalties ......................................................................................HB 845 Refer to numerical index for page numbers 2554 INDEX PROPERTY (Continued) Ad valorem tax; homestead exemption; certain disabled veterans.............................HB 509 Ad valorem tax; mobile homes; designation ...................................................................HB 914 Boundaries; coordinate system; amend provisions .........................................................SB 220 Coal pipeline companies; eminent domain .....................................................................HB 450 Commercial Code; financing statement; maturity date................................................HB 712 Commercial Code; mechanics' liens; farm equipment ..................................................HB 239 Counties and municipalities; land covenants; time limitation.....................................HB 127 Counties and municipalities; short-term debt; taxable property - CA.....................................................................................................................SR 12 Counties and municipalities; urban enterprise zones - CA..........................................HR 118 Counties and municipalities; urban enterprise zones; provide ....................................HB 642 Counties and municipalities; zoning power ......................................................................HB 51 Counties; salt-water islands; zoning.................................................................................HB 911 Criminal procedure; restitution for damages to state property...................................HB 167 Criminal trespass; damage to property ...........................................................................HB 710 Criminal trespass; damage to property ............................................................................SB 240 Criminal trespass; private property; weapons.................................................................SB 212 Deeds to secure debt; cancellation...................................................................................HB 840 Deeds; master forms; record .............................................................................................HB 178 Dispossessory proceedings; landlord store personal property......................................HB 429 Estates; administrators and executors; bond..................................................................HB 966 Estates; appraisement of property; evidence...................................................................SB 208 Estates; intestacy; deposit money ......................................................................................HB 61 Estates; intestacy; spouse's and child's amount.............................................................HB 119 Estates; partition of property ...........................................................................................HB 363 Estates; year's support; sale of property ...........................................................................HB 60 Farm foreclosures; moratorium; imposition....................................................................HR 183 Garnishment; tax collections.............................................................................................HB 341 Gifts to Minors Act; definition of financial institutions ..............................................HB 373 Guardian and ward; estate plan; minimize taxes ..........................................................HB 493 Highways; private driveways; delete certain prohibitions............................................HB 797 House Ad Valorem Property Taxation Study Committee; create ..............................HR 325 House Land Use Planning Procedures Study Committee; create ..............................HR 332 Improvements to certain residential structures; recovery for deficiency ...................................................................................................................HB 738 Income tax; credit for excessive property tax....................................................................HB 9 Intangible personal property; ad valorem tax exemption ............................................HB 922 Intangible property tax; certain exemption - CA............................................................HR 67 Joint Land Use Planning Procedures Study Committee; create ................................HR 239 Joint tenancy; security interests; severance......................................................................HB 62 Mechanics' and materialmen's liens; cancellation provision........................................HB 213 Mechanics' and materialmen's liens; real estate appraisals .........................................HB 633 Mortgage Loan Company and Loan Broker Act; enact................................................HB 875 Property tax relief; elderly - CA..........................................................................................HR 9 Property tax relief; local option sales tax; educational purposes - CA..................................................................................................................HR 279 Public Safety Department; acceptance of donations, or conveyances of property, equipment or services; procedures ...........................................................HB 58 Real estate brokers and salespersons; amend provisions .............................................HB 314 Real estate; foreclosure sales; advertisement ...................................................................HB 26 Registered foresters; special lien on real estate .............................................................HB 191 Street address; display numbers.........................................................................................HB 16 Surface mining; ownership change; maximum bond.......................................................HB 25 Tax digests; property on appeal.......................................................................................HB 214 Tax executions; aggregate amount.....................................................................................HB 64 Time Share Act; public offering statements.....................................................................HB 69 Refer to numerical index for page numbers INDEX 2555 PROPERTY (Continued) Uniform Partnership Act; amend provisions..................................................................!!!) 887 Zoning prohibitions; county officials; property interest ...............................................HB 618 PSYCHOLOGISTS; applied psychology; education requirements .............................HB 826 PUBLIC BUILDINGS Development authorities; office building facilities; description ................................HB 1007 Elevators or escalators; date of inspection ........................................................................SB 15 Georgia Building Authority; definition of project .........................................................HB 587 Georgia Building Authority Police; provide ....................................................................SB 155 Handicapped persons; access ...............................................................................................SB 20 Handicapped persons; access to public facilities; certain exemptions .......................HB 685 Handicapped persons; public facilities............................................................................HB 506 Landmark museum buildings; definition ........................................................................HB 368 State Capitol; bust of Sidney Lanier..................................................................................SR 44 State Capitol; portrait of George Guess..........................................................................HR 203 State Capitol; portrait of John Ross................................................................................HR 202 PUBLIC OFFICERS AND EMPLOYEES Administrative Services, Department of; Fiscal Division director; appointment.....................................................................................................HB 418 Board of Regents; employees serve on certain board .....................................................HB 31 Campaigns; persons receiving certain compensation; prohibit activities............................................................................................................HB 717 Coercion; prohibit...............................................................................................................HB 128 Compensation of certain state officials; amend.............................................................HB 270 Compensation of certain state officials; amend.............................................................HB 585 Compensation of county officials; effective date...........................................................HB 625 Coroners; qualifications, fees, bond requirements, and duties ....................................HB 255 Coroner's Training Council; create ..................................................................................HB 256 Correctional Industries Administration; liability insurance.........................................HB 358 Correctional institutions; violent death of inmate; notify GBI....................................SB 217 County commissioner; certain counties; minimum salary ............................................HB 453 County officials; zoning prohibitions; property interest...............................................HB 618 Credit unions; secure funds...............................................................................................HB 648 Employees Retirement; Supreme Court Justices and Court of Appeals Judges; optional benefits ...............................................................................................HB 666 Employees Retirement System; certain crimes; limit creditable service ....................SB 224 General Assembly; members' expenses; reimbursement...............................................HB 229 General Assembly members; Legislative Retirement; creditable service ...................HB 396 General Assembly members; retirement; certain creditable service ...........................HB 252 General Assembly; members' salary ..................................................................................HB 78 Indemnification; district attorneys; apprehension of criminal....................................HR 445 Indemnification; law enforcement officer, fireman, guard; application ........................SB 53 Judges and employees; liability insurance; provide coverage ...........................................SB 2 Labor, Department of; exclude certain positions from classified service..............................................................................................................HB 681 Legislative Services Committee; construction, maintenance, renovation, and furnishing of certain areas; amend provisions...............................HB 776 Notaries public; amend provisions...................................................................................HB 319 Post-mortem Exam; death of hospice patient ................................................................SB 200 Post-mortem Exam; removal of pituitary glands ..........................................................HB 249 Post-mortem Exam; suspicious death; coroner's duties ................................................SB 252 Product liability insurers; provide reports......................................................................HB 357 Professional Practices Commission; executive director and employees; Merit System...............................................................................................HB 388 Public emergency medical technicians; indemnification ..............................................HB 268 Refer to numerical index for page numbers 2556 INDEX PUBLIC OFFICERS AND EMPLOYEES (Continued) Public emergency medical technicians; indemnification - CA;......................................HR 69 Public officials and employees; contracts with agencies; exception ..............................SB 54 Public officials; employment and financial disclosure form; file ................................HB 492 Public officials; felony indictment; remove from office - CA.........................................SR 13 Public officials; retirement; accumulated leave .............................................................HB 158 Public officials; retirement; accumulated leave .............................................................HB 394 Public officials; United States felony indictment; suspension ....................................HB 148 Public officials; United States felony indictment; suspension - CA.............................HR 25 Public retirement systems; certain crimes; restrict membership ................................HB 258 Registered agents and employers; reports; file with Secretary of State .........................................................................................................HB 1137 Retirement; accumulated leave..................,......................................................................HB 260 Secretary of State; investigatory authority.....................................................................HB 171 State Chaplain and religious administrators; housing allowance ................................HB 236 State Commission on Legislative Compensation; create ................................................HR 70 State employees; flexible employee benefit plan............................................................SB 113 State employment; interdepartmental transfer..............................................................HB 788 State government; unemployment compensation claims; payment ............................HB 485 State merit system; operational audits............................................................................HB 491 State officers and employees; engage in political activities ..............................................SB 9 State Personnel Board; certain committees; review rules.............................................SB 145 State Personnel Board; rules and regulations; review ....................................................HB 77 State retirement systems; amend provisions ..................................................................HB 227 State revenue commissioner; compensation ...................................................................HB 883 Weapons; exemptions; certain public officials ...............................................................HB 572 PUBLIC PROPERTY Acworth, City of; grant easement.....................................................................................HR 120 Administrative Services, Department of; space rental..................................................HB 436 Baldwin County; convey property.........................................................................................SR 4 Baldwin County; convey property to General Telephone Company ...............................SR 9 Bartow County; convey property ........................................................................................SR 41 Berrien County; convey property .....................................................................................HR 219 Brantley County; convey property....................................................................................SR 168 Calhoun, City of; convey property ......................................................................................SR 50 Camden County; convey property.......................................................................................SR 27 Chatham County; convey property to Rita Shinall.......................................................HR 275 Chatham County; grant easement to Savannah ...............................................................SR 52 Chattanooga, Tennessee; state lease property to Southern Railway..........................HR 111 Cobb County; convey property .........................................................................................HR 178 Criminal procedure; restitution for damages to state property...................................HB 167 Dalton, City of; convey property......................................................................................HR 112 Emanuel County; convey property ...................................................................................SR 106 Glynn County; convey property; St. Simon's Island......................................................SR 102 Milledgeville, City of; convey property ..............................................................................SR 10 Milledgeville, City of; convey property ..............................................................................SR 96 Pelham, City of; lease property ..........................................................................................HR 90 Property conveyance; certain counties; municipalities...................................................HR 91 Property conveyance; General Assembly resolution......................................................HB 704 Railroad; Atlanta-Chattanooga; terminate lease..............................................,...............HR 97 State Properties Commission; power...............................................................................HB 703 State Properties Commission; power; amend provisions..............................................HB 617 Tybee Island, City of; convey property...........................................................................HR 220 Underwater salvage and archeology; certain items; state property............................HB 326 PUBLIC SAFETY, DEPARTMENT OF (Also, see Driver's License or Law Enforcement Officers and Agencies) Abandonment; certain weapons; disposal by sale or destruction................................HB 303 Refer to numerical index for page numbers INDEX 2557 PUBLIC SAFETY, DEPARTMENT OF (Also, see Driver's License or Law Enforcement Officers and Agencies) (Continued) Alcohol and drug safety course; minors; repeal certain provisions.............................HB 361 Conditional driver's license; minors; waive certain requirements...............................HB 360 Driver's license record; access; certain persons.................................................................SB 45 Driver's license record; availability; boards of education.............................................HB 393 Driver's license; unlawful use; contraband ..........................,..........................................HB 932 Fire department; definition...............................................................................................HB 638 Firefighter; transfer of certification .................................................................................HB 886 Law Enforcement Officers' Rules and Procedures Act; enact.....................................HB 812 Motor vehicle accidents; damages; financial responsibility..........................................HB 601 Public Safety Department; acceptance of property; procedures...................................HB 58 Public Safety, Department of; disseminating information...........................................HB 274 School bus drivers; loading children; report vehicles passing......................................HB 301 State Patrol Disciplinary Board; provisions ...................................................................HB 460 State Patrol; interstate responsibility .............................................................................HB 176 State Patrol; Uniform Division; clothing allowance......................................................HB 362 PUBLIC SCHOOL EMPLOYEES Retirement; health insurance plan...................................................................................HR 125 Retirement; increase benefits............................................................................................HB 849 Retirement; provisions relating to spouse.......................................................................HB 334 Retirement; 40 years service .............................................................................................HB 386 PUBLIC SERVICE COMMISSION (See Public Utilities and Transportation) PUBLIC UTILITIES AND TRANSPORTATION Amtrak; urge continued operation ...................................................................................HR 294 Coal pipeline companies; eminent domain .....................................................................HB 450 Consumers' Utility Counsel; date of repeal......................................................................HB 89 Consumers' Utility Counsel; fees for operating costs....................................................HB 139 Electric utility; new construction; certification of need ...............................................HB 874 Electric utility; new construction; certification of need .............................................HB 1090 EMC; satellite television systems.....................................................................................HB 639 Georgia Power Company; commend ................................................................................HR 191 House Hartsfield International Airport Noise Study Commission; create..................HR 76 Interstate highways; urge use by certain trucks ............................................................HR 393 Joint House and Senate Utility Franchise Study Committee; create........................HR 227 Joint Public Utility Rate-making Process Study Committee; create...........................HR 71 Joint Public Utility Rate-making Process Study Committee; create............................SR 94 Long Distance Telecommunications Study Committee; create...................................HR 282 Motor carrier operating authorities; income tax............................................................HB 718 Motor carriers; appeals; heard by Public Service Commission ...................................HB 655 Motor carriers; exclusion; mobile homes or manufactured housing ...........................HB 610 Motor carriers; sales tax exemptions; certain items......................................................HB 590 Motor carriers; transport hazardous materials; regulations.........................................HB 507 Motor Transit Load Limitation Study Committee; create ..........................................HR 328 Motor vehicles; tire covers; requirement.........................................................................HB 534 Public Service Commission; certain employees; Peace Officers' Annuity and Benefit Fund............................................................................................HB 505 Public Service Commission; ex parte communications; certain prohibitions......................................................................................................................HB 754 Public Service Commission; fee for operating costs......................................................HB 138 Public Service Commission; fee for operating costs......................................................HB 354 Public Service Commission; nuclear generating plants; prudency determination..................................................................................................SB 263 Rail Abandonment Study Committee; create ................................................................HR 221 Rail Passenger Authority; create......................................................................................HB 172 Refer to numerical index for page numbers 2558 INDEX PUBLIC UTILITIES AND TRANSPORTATION (Continued) Railroad; Atlanta-Chattanooga; terminate lease..............................................................HR 97 Railroad closing; service to certain cities........................................................................HR 186 Railroad closing; service to City of Alma-Bacon County .............................................HR 293 Railroad closing; service to Ocilla, Georgia ....................................................................HR 196 Railroad excursions; operate between certain places ....................................................HB 471 Railroads; underpass or overpass; public hearing..........................................................HB 123 Regulated telephone companies; services........................................................................HR 198 Regulated telephone companies; services ..........................................................................SR 93 Rural electrification; commemorate 50th Anniversary .................................................HR 126 Seaboard System Railroad; closing certain lines; expressing opposition .....................................................................................................HR 187 Telephone; automated sales; invasion of privacy ..........................................................HB 790 Telephone communications; prohibit certain commercials..........................................HB 177 Telephone Harassment Study Committee; create.........................................................HR 334 Trains; caboose; last car ......................................................................................................HB 40 Trains; caboose; last car ......................................................................................................HB 41 Trains; municipalities; speed limits .................................................................................HB 700 Transportation of Hazardous Materials Act; new Code Chapter ................................SB 214 Transportation of Hazardous Materials Act; provide...................................................HB 917 Trucks and tractors; name displayed; exception ...........................................................HB 203 Trucks or tractors; display name; certain exceptions ...................................................HB 555 Underground storage tanks; registration.........................................................................HB 644 Utilities; nuclear generating plants; costs ........................................................................SB 111 Utilities; rate increase; restrictions ..................................................................................HB 137 Utilities; temporary rate increase appeals; bonds..........................................................HB 723 Utility contractors; licensing...........................................................................................HB 1041 PUBLICATIONS Legal advertisements; rates..................................................................................................SB 78 Libel actions; evidence.........................................................................................,................SB 77 Official State Atlas; designate ............................................................................................HR 18 Pike County Journal and Reporter; commend ..............................................................HR 351 The Thomaston Times; commend ...................................................................................HR 286 Upson Home Journal; commend ......................................................................................HR 314 PUTNAM COUNTY Board of education; extend Constitutional Amendment..............................................HB 719 Development Authority; extend Constitutional Amendment ......................................HB 720 Q QUITMAN, CITY OF; board of commissioners ............................................................HB 605 R RABIES CONTROL Cats; inoculation ...............................................................................................................HB 1114 Felines; inoculation...............................................................................................................HB 42 RACE TRACKS; pari-mutuel wagering; certain counties - CA...................................HR 108 Refer to numerical index for page numbers INDEX 2559 RADIO Court proceedings; broadcast, televise, or record; certain conditions........................HB 796 Libel; visual or sound broadcast; evidence ........................................................................SB 77 Station WSFT; commend..................................................................................................HR 290 Station WTGA; commend .................................................................................................HR 303 RADIOLOGISTS; regulate................................................................................................HB 187 RAILROADS Amtrak; urge continued operation...................................................................................HR 294 Rail Abandonment Study Committee; create................................................................HR 221 Rail Passenger Authority; create......................................................................................HB 172 Railroad; Atlanta-Chattanooga; terminate lease.............................................................HR 97 Railroad closing; service to certain cities........................................................................HR 186 Railroad closing; service to City of Alma-Bacon County.............................................HR 293 Railroad closing; service to Ocilla, Georgia....................................................................HR 196 Railroad excursions; operate between certain places ....................................................HB 471 Railroads; underpass or overpass; public hearing..........................................................HB 123 Seaboard System Railroad; closing certain lines; opposition.......................................HR 187 Trains; caboose; last car ......................................................................................................HB 40 Trains; caboose; last car ......................................................................................................HB 41 Trains; municipalities; speed limits.................................................................................HB 700 RAINEY, MARY;commend....,...........................................................................................HR 46 RAINWATER, DOUG AND SHIRLEY; commend...................................................HR 391 RANDOLPH COUNTY Commissioner; compensation............................................................................................HB 503 Deputy sheriff; salary...........................................................................................................HB 52 RAPE; victim of rape; spouse..............................................................................................HB 708 REAL ESTATE (Also, see Property) Brokers and salespersons; amend provisions..................................................................HB 314 Commercial Code; financing statement; maturity date................................................HB 712 Deeds; master forms; record .............................................................................................HB 178 Deeds to secure debt; cancellation...................................................................................HB 840 Foreclosure sales; advertisement ........................................................................................HB 26 Mechanics' and materialmen's liens; real estate appraisals .........................................HB 633 Mortgage brokers and loan agents; solicitors; licensing..................................................HB 68 Mortgage Loan Company and Loan Broker Act; enact................................................HB 875 REAPPORTIONMENT Certain House districts......................................................................................................HB 684 Certain House districts......................................................................................................HB 968 House districts 28 and 34..................................................................................................HB 181 RECREATION AND PARKS SOCIETY; commend................................................HR 179 REDEVELOPMENT; counties and municipalities; powers.........................................HB 430 REID, JOEY;recognize.................................................................................................'........HR 61 RELIGION Bahai religious faith; condemn Iranian persecution .....................................................HR 281 State Chaplain and religious administrators; housing allowance................................HB 236 RESIDENTIAL FINANCE Residential Finance Authority; bonds and notes; certain limits .................................HB 502 Residential Finance Authority; credit unions................................................................HB 372 Urban Residential Finance Authorities; amend provisions..........................................HB 640 Refer to numerical index for page numbers 2560 INDEX RESTAURANTS Billiard rooms which serve food; delete alcoholic beverage prohibitions ......................................................................................................SB 243 Food service establishments; define and regulate ..........................................................SB 268 Restaurants establishing nonsmoking areas; commend ................................................HR 377 RETIREMENT AND PENSIONS Augusta Employees' Retirement; part-time employees................................................HB 415 Code of Georgia; corrections .............................................................................................HB 164 Employees' Retirement; certain crimes; limit creditable service .................................SB 224 Employees' Retirement; certain military service; credit...............................................HB 302 Employees' Retirement; county probation system; options .........................................HB 422 Employees' Retirement; county tax officials and employees.......................................HB 417 Employees' Retirement; divorced retiree; options...........................................................HB 84 Employees' Retirement; falsifying records; penalty ......................................................HB 296 Employees' Retirement; Legislative Counsel..................................................................HB 110 Employees' Retirement; provisions relating to spouse .................................................HB 332 Employees' Retirement; Supreme Court Justices and Court of Appeals Judges; optional benefits ...............................................................................................HB 666 Employees' Retirement; transfer juvenile detention service........................................HB 612 Fiscal Note Act; delete retirement bill provisions.........................................................HB 228 General Assembly; retirement; creditable service..........................................................HB 252 General Assembly; retirement; creditable service...........................................................SB 105 Income tax; certain benefits; exemption ...........................................................................HB 34 Income tax; certain retirement income; exemption.......................................................HB 763 Income tax; certain retirement income; exemption.......................................................HB 829 Income tax; certain retirement income; exclusion.........................................................HB 129 Income tax; certain retirement income; exclusion .........................................................HB 198 Income tax; certain retirement income; exclusion.........................................................HB 574 Income tax; certain social security and railroad retirement benefits; exemption ......................................................................................................HB 1129 Income tax; individual retirement account...................................................................HB 1030 Income tax; individual retirement account; certain contributions..............................HB 116 Income tax; retirement income; exemption ....................................................................HB 141 Income tax; social security or railroad retirement; exclude...........................................HB 10 Legislative Retirement; creditable service; General Assembly members...................HB 396 Local retirement systems; analysis ..................................................................................HR 102 Municipal Employees Retirement; part-time employees..............................................HB 425 Nonfiscal retirement bills; introduction; amend provisions.........................................HB 282 Peace Officers' Annuity and Benefit Fund; benefits ....................................................HB 365 Peace Officers' Annuity and Benefit Fund; certain Public Service Commission employees; membership...........................................................................HB 505 Public officials; accumulated leave ..................................................................................HB 158 Public officials; accumulated leave ..................................................................................HB 394 Public officials and employees; accumulated leave.......................................................HB 260 Public Retirement; certain crimes; restrict membership..............................................HB 258 Public Retirement; membership; certain prohibitions..................................................HB 426 Public School Employees Retirement; 40 years service................................................HB 386 Public School Employees Retirement; health insurance plan; retirees......................HR 125 Public School Employees Retirement; increase benefits ..............................................HB 849 Public School Employees Retirement; provisions relating to spouse.........................HB 334 Retirement funds; South African institutions; investments ........................................HB 348 Sheriffs' Retirement; benefits...........................................................................................HB 398 Sheriffs' Retirement; benefits; fee in civil cases ............................................................HB 318 Sheriffs' Retirement; board membership ........................................................................HB 165 Sheriffs' Retirement; death benefits................................................................................HB 828 Social security payments; Legislative Counsel ...............................................................HB 498 State retirement systems; amend provisions ..................................................................HB 227 Refer to numerical index for page numbers INDEX 2561 RETIREMENT AND PENSIONS (Continued) Superior court judges; retirement age.............................................................................HB 355 Superior Court Judges Retirement; amend provisions...............................................HB 1122 Superior Court Judges Retirement; cost-of-living adjustments ..................................HB 152 Superior Court Judges Retirement; provisions relating to spouse..............................HB 397 Tax Officials' Retirement Fund; create.........................................................................HB 1034 Teachers Retirement; beneficiaries; minimum allowance ............................................HB 338 Teachers Retirement; certain former teachers; membership .......................................HB 405 Teachers Retirement; certain former teachers; membership - CA ...............................HR 88 Teachers Retirement; certain leave; creditable service.................................................HB 345 Teachers Retirement; certain military service credit....................................................HB 779 Teachers Retirement; certain personnel; elect membership ........................................HB 391 Teachers Retirement; certain teachers; decline membership ......................................HB 259 Teachers Retirement; computing average compensation .............................................HB 251 Teachers Retirement; contributions by local units .......................................................HB 423 Teachers Retirement; creditable service ...........................................................................HB 67 Teachers Retirement; creditable service; certain private schools ...............................HB 552 Teachers Retirement; creditable service; maternity leave............................................HB 186 Teachers Retirement; falsifying records; penalty ..........................................................HB 293 Teachers Retirement; provisions relating to spouse......................................................HB 333 Teachers Retirement; reinstate membership..................................................................HB 416 Teachers Retirement System Nominating Committee; meetings...............................HB 294 Trial Judges and Solicitors Retirement Fund; certain creditable service ............................................................................................................HB 300 REVENUE (See Taxation and Revenue) REVENUE BONDS Industrial Authority; revenue bonds, bonds, notes, or other obligations; issuance........................................................................................................SB 269 Local governments; allocation of bonds ............................................................................HB 95 Local governments; revenue bonds; investment of proceeds........................................SB 262 Residential Finance Authority; bonds and notes; certain limits.................................HB 502 RICHARDSON, MAJOR WILLIAM FLO YD; condolences...................................HR 450 RICHMOND COUNTY Certain license fees; extend Constitutional Amendment..............................................HB 578 Certain officials; compensation.......................................................................................HB 1035 Hospital Authority; membership......................................................................................HB 579 Police and sheriffs departments; referendum ...............................................................HB 835 Sheriffs Merit System Board; powers.............................................................................HB 872 RIDEN, W.W., SR.; recognize contributions ...................................................................HR 223 RIGHT WHALE; state marine mammal ............................................................................SR 91 RISHER, MIKE; commend .................................................................................................HR 47 RIVERS AND LAKES; Northeast Georgia Study; including Curry Creek Dam and Lake..............................................................................................HR 214 ROBERT BOSCH FOUNDATION AND CARL DUISBERG SOCIETY; commend........................................................................................................HR 242 ROBINSON, BETTY JANE; commend ........................................................................HR 446 ROCKDALE COUNTY Chief magistrate; compensation .......................................................................................HB 660 Commissioners; compensation ..........................................................................................HB 657 Coroner; compensation.......................................................................................................HB 664 Refer to numerical index for page numbers 2562 INDEX ROCKDALE COUNTY (Continued) Probate judge; compensation ..............................................,.............................................HB 661 Sheriff; compensation.........................................................................................................HB 662 Sheriff; employees................................................................................................................SB 218 Superior court clerk; compensation .................................................................................HB 663 Tax commissioner; compensation.....................................................................................HB 656 ROME, CITY OF Property conveyance; certain counties; municipalities ...................................................HR 91 Rome-Floyd County Development Authority; extend Constitutional Amendment...........................................................................................HB 937 Treglown, Officer Larry; commend..................................................................................HR 159 Veterans Memorial Highway; designate..........................................................................HR 101 ROME JUDICIAL CIRCUIT; district attorney; investigators..................................HB 979 ROSS, JOHN; place portrait in State Capitol ................................................................HR 202 ROSWELL FIRE AND RESCUE UNITS; commend ..............................................HR 251 ROYSTON, CITY OF; new charter .................................................................................HB 893 RURAL ELECTRIFICATION; commemorate 50th Anniversary.............................HR 126 RUTLEDGE, CIND Y; commend .....................................................................................HR 345 s SALE CITY, CITY OF; corporate limits........................................................................HB 990 SALES AND MARKETING EXECUTIVES-ATLANTA; commend .................HR 121 SALES AND USE TAX Biomass; exemption............................................................................................................HB 479 Boats purchased by nonresidents; exemption ................................................................HB 884 Business license; restrictions.............................................................................................HB 154 Commercial fishermen; crab bait; exemption.................................................................HB 285 Commercial fishermen; crab bait; exemption.................................................................HB 316 Farmers; certain exemption ..............................................................................................HB 753 Food and drink; exemption ...............................................................................................HB 145 Fraudulent returns; penalty ..............................................................................................HB 845 Local option; educational purposes; property tax relief - CA .....................................HR 279 Local option; special county one percent sales tax .......................................................HB 281 Local option; special county one percent sales tax; use of proceeds ..........................HB 170 Machinery and equipment for research; exemption......................................................HB 810 Motor carriers; exempt certain items ..............................................................................HB 590 Pecan harvesting equipment; exemption........................................................................HB 447 Solar energy equipment; exemption ..................................................................................HB 94 Special one percent sales tax; educational purposes - CA.............................................HR 73 Special state sales tax; educational purposes - CA .........................................................HR 77 Vending machines; certain exemption............................................................,..............HB 1073 SALVAGE Motor vehicles; Certificate of Title....................................................................................HB 45 Underwater archeology ......................................................................................................HB 277 Underwater salvage and archeology; certain items; state property............................HB 326 Refer to numerical index for page numbers INDEX 2563 SAMS, DR. FERROL; invite to House ...........................................................................HR 115 SANDERSVILLE, CITY OF; elections.........................................................................HB 953 SASSER, CITY OF; railroad closing; service to certain cities.....................................HR 186 SAVANNAH, CITY OF Chatham County and City of Savannah; Taxation of Restored Historical Homes Study Committee; create.................................................................HR 13 Chatham County-Savannah; board of education; election.........................................HB 1119 Joint Savannah Transit Authority Study Committee; create........................................HR 53 Property conveyance; certain counties; municipalities ...................................................HR 91 Savannah-Chatham County Board of Education; commend.........................................HR 63 State Port Facilities Accident Study Committee; create ...............................................HR 10 SAVE THE BUTTERFLY DAY; recognize April 10..................................................HR 410 SCHLEY COUNTY; Airport Authority; create .............................................................HB 682 SCHOOLS (Also, see Education) Buses; loading children; drivers report vehicles passing ..............................................HB 301 Computer or technical equipment; donations; income tax credit...............................HB 351 CPR; encourage schools to expand program ..................................................................HR 291 Enrollment age....................................................................................................................HB 284 Enrollment age....................................................................................................................HB 784 Lunch program; federal support......................................................................................HR 350 Proprietary schools; amend provisions............................................................................HB 709 Proprietary schools; certain institutions; incentive grants ...........................................HB 732 School crossings; safety provisions.....................................................................................HB 65 Scoliosis screening; notices.................................................................................................SB 165 Security personnel; powers................................................................................................HB 568 Silent prayer or meditation; provide ...............................................................................HB 350 Student Transportation Safety Study Committee; create ...........................................HR 240 Uniform Opening Date for School Calendar Year House Study Committee; create...........................................................................................................HR 320 Uniform Opening Date for School Calendar Year Joint Study Committee; create...........................................................................................................HR 233 SCHREINER, MIKE; commend......................................................................................HR 374 SCOTTISH-AMERICAN HERITAGE CENTER Recognize City of Shellman............................................................................................. HR 156 SECRETARY OF STATE Communications.................................................Pages 1, 203, 562, 593, 916, 1091, 1450, 1876 Corporations; articles of incorporation; publication of merger....................................HB 280 Elections; party nominations; filling vacancies ..............................................................HB 822 Investigatory authority......................................................................................................HB 171 Printing of maps.................................................................................................................HB 787 Professional associations; annual reports; filing fee......................................................HB 311 Public officials; employment and financial disclosure form; file ................................HB 492 Registered agents and employers; file reports .............................................................HB 1137 SEMINOLE COUNTY Probate judge; compensation..........................................................................................HB 1057 Sheriff; compensation.......................................................................................................HB 1059 Superior court clerk; compensation ...............................................................................HB 1058 Tax commissioner; compensation...................................................................................HB 1056 SENATE Notify House; Senate convened ............................................................................................SR 2 Refer to numerical index for page numbers 2564 INDEX SENATE (Continued) Notify Senate; House convened ...........................................................................................HR 1 Secretary of Senate; fees....................................................................................................HB 111 SENOIA, CITY OF; corporate limits................................................................................SB 280 SEXUAL OFFENSES Alcoholic beverages; prohibit certain conduct on premises where sold .....................HB 291 Child abuse; admissible evidence .....................................................................................HB 292 Child abuse; prosecution; time limitation.......................................................................HB 385 Child abuse; reporting requirements .............................................................................HB 1092 Criminal procedure; child victim or witness; speedy trial..........................................HB 1087 Minors; admissible evidence .............................................................................................HB 757 Minors; certain protection...................................................................................................HB 29 Minors; priority court cases ................................................................................................HB 28 Rape victim; spouse............................................................................................................HB 708 Sexual contact offenses; amend Criminal Code.............................................................HB 184 Sexual exploitation of child; reports by film processors .................................................SB 79 Telephone communications; prohibit certain commercials..........................................HB 177 Trials; child victim or witness; videotaped deposition ...............................................HB 1086 Trials; victims 14 years of age and under; testimony .....................................................HB 27 SHEPHERD, JAMES H., JR.; commend......................................................................HR 185 SHERIFFS Qualifications.......................................................................................................................HB 344 Retirement Fund; benefits ................................................................................................HB 398 Retirement Fund; benefits; fee in civil cases .................................................................HB 318 Retirement Fund; board membership .............................................................................HB 165 Retirement Fund; death benefits.....................................................................................HB 828 Salary.......................................................................................................................................SB 43 Tax collector or tax commissioner; ex officio sheriff; compensation..........................HB 340 SINGER, BILLY AND RICHARD; commend ...........................................................HR 306 SMITH, HONORABLE CHARLES L.; condolences .................................................HR 378 SMITH, HONORABLE PAULINE; commend ...........................................................HR 129 SMITH, IAN SCOT; compensate.....................................................................................HR 228 SMITH, JOSEPH F.; condolences ...................................................................................HR 361 SMYRNA, CITY OF; mayor and council ........................................................................SB 286 SNYDER, J. R.; commend .................................................................................................HR 247 SOCIAL SERVICES Adoption assistance; interstate compacts; Human Resources enter...........................HB 200 Child Abuse Action Fund; establish..............................................................................HB 1107 Child abuse; reporting requirements .............................................................................HB 1092 Children and youth; certain care homes; record checks ...............................................HB 462 Community care; lead agencies; services..........................................................................SB 233 Counties; burial of paupers ...............................................................................................HB 546 Day-care homes and centers; safety fire regulations.....................................................HB 369 Family violence shelters; employees assist petitioners .................................................HB 614 Federal Medicaid expenditures; urge rejection of proposal to cap growth...................................................................................................................HR 389 House Feminization of Poverty Study Committee; create...........................................HR 299 House Study Committee on District Directors of County Departments of Family and Children's Services; create ..................................................................HR 364 Refer to numerical index for page numbers INDEX 2565 SOCIAL SERVICES (Continued) Indigent Health Care Provider Reimbursement Fund; provide..................................HB 556 Indigent pregnant women; cost of care ...........................................................................HB 484 Indigent pregnant women; cost of care; county of residence.......................................HB 561 Indigent pregnant women; cost of health care...............................................................HB 487 Indigent pregnant women; hospital care..........................................................................SB 132 Medical Assistance, Department of; reciprocal arrangements.....................................HB 199 Medical assistance; eyeglass program; urge use of previous system...........................HR 295 Medical assistance; fraud...................................................................................................HB 543 Medicare and Medicaid providers; recognize.................................................................HR 388 Public assistance; repeal certain work programs ...........................................................HB 136 Social work; license requirement....................................................................................HB 1042 State Housing Activities Study Committee; create.........................................................HR 72 State lottery; educational purposes; indigent care - CA.................................................HR 78 SOLAR ENERGY Equipment; sales tax exemption ........................................................................................HB 94 Federal tax credits; extend................................................................................................HR 276 SOUTHEASTERN PROVINCE OF KAPPA ALPHA PSI FRATERNITY; commend..............................................................................................HR 341 SOUTHERN LEGISLATIVE CONFERENCE AND SOUTHERN GOVERNORS' ASSOCIATION; commend..............................................................HR 355 SOUTHWELL, JUDGE J.W.; recognize........................................................................HR 139 SPALDING COUNTY Chief magistrate; compensation .......................................................................................HB 985 Commissioners; increase membership .............................................................................HB 984 Convey property....................................................................................................................HR 91 Griffin-Spalding County Development Authority; extend Constitutional Amendment............................................................................................SB 188 Probate court judge; nonpartisan election.......................................................................SB 142 Tax commissioner; compensation.....................................................................................HB 947 SPEAKER OF THE HOUSE Communications.......................................................................................Pages 23, 166, 288, 408 Election..................................................................................................................................Page 8 Term; 6-year limitation - CA..............................................................................................HR 26 SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS, STATE BOARD OF; enact ...........................................................................................HB 112 SPORTS Boxing and Wrestling Commission; create .......................................................................HB 39 Hooper, Fred W.; recognize; Georgia Sports Hall of Fame .........................................HR 207 Martial Arts Study Committee; create..............................................................................HR 56 Pari-mutuel wagering; certain counties - CA.................................................................HR 108 STAFFORD, REVEREND W.J.; commend..................................................................HR 392 STATE COURTS OF COUNTIES Judges and employees; liability insurance; provide coverage ...........................................SB 2 Juries; selection provisions; amend....................................................................................HB 85 Juries; uniform procedures...................................................................................................SB 48 Motor vehicles; proof of insurance violations; municipal court jurisdiction.............................................................................................................HB 240 Sheriffs' Retirement Fund; benefits; fee in civil cases .................................................HB 318 State court judges emeritus; arrest warrants; authorization........................................HB 231 Refer to numerical index for page numbers 2566 INDEX STATE EMPLOYEES Campaigns; persons receiving certain compensation; prohibit activities ...........................................................................................................................HB 717 Coercion; prohibit...............................................................................................................HB 128 Contracts with agencies; exception .....................................................................................SB 54 Engage in political activities..................................................................................................SB 9 Flexible employee benefit plan..........................................................................................SB 113 Hazardous substances; disclosure to employees.............................................................HB 206 Labor, Department of; exclude certain positions from classified service..............................................................................................................HB 681 Public retirement systems; certain crimes; restrict membership ................................HB 258 Retirement; accumulated leave.........................................................................................HB 260 Retirement; certain crimes; limit creditable service ......................................................SB 224 Retirement; certain military service; credit....................................................................HB 302 Retirement; divorced retiree; options ................................................................................HB 84 Retirement; falsifying records; penalty ...........................................................................HB 296 Retirement; provisions relating to spouse.......................................................................HB 332 Retirement systems; amend provisions ...........................................................................HB 227 Retirement; transfer juvenile detention service.............................................................HB 612 State employment; interdepartmental transfer..............................................................HB 788 State Employees' Charitable Contributions Drive; commend participants...............HR 412 Teachers Retirement System; certain personnel; elect membership..........................HB 391 STATE GOVERNMENT Administrative Services, Department of; Fiscal Division director; appointment.....................................................................................................HB 418 Administrative Services, Department of; space rental..................................................HB 436 Agencies; estimates of supplies and services; availability..........................................HB 1135 Annual personnel report; copy to General Assembly members...................................HB 783 Area Planning and Development Commissions; certain members; election............HB 1118 Area Planning and Development Commissions; relative to functions .......................HR 360 Campaigns; persons receiving certain compensation; prohibit activities ...........................................................................................................................HB 717 Claims Advisory Board; certain claims; process ............................................................HB 257 Community care; lead agencies; services..........................................................................SB 233 Contracts; certain violations; bid prohibitions ...............................................................HB 940 Contracts; progress payments; contractors...................................................................HB 1131 Contracts; Transportation Department; bid............................................................--SB 148 Contracts; Transportation Department; one bid.....................--...................................HB 549 Contracts; Transportation Department; one bid...........................................................HB 705 Credit unions; secure funds...............................................................................................HB 648 Elevators and escalators; date of inspections....................................................................SB 15 Employees Retirement System; certain crimes; limit creditable service ....................SB 224 Employees; interdepartmental transfer.................................--.......................................HB 788 Fiscal Note Act; delete retirement bill provisions--......................................................HB 228 Flexible employee benefit plan..........................................................................................SB 113 General Assembly members; travel expenses..................................................................SB 149 Georgia Building Authority, definition of project .........................................................HB 587 Georgia Building Authority Police; provide.................................................................... SB 155 Georgia Industrial Authority; revenue bonds; issuance--..............................................SB 269 Georgia Occupational Regulation Review Advisory Council; establish......................HB 850 Governmental Liability Commission; create..................................................................HR 171 Governor's Private Sector Survey Committee on Cost Control in State Government; create..............--........................................................................ HR 398 Health Planning Agency rules; indigent pregnant women; cost of care....................HB 484 Historic areas; amend Department of Natural Resources provisions.....................--HB 277 Industry and Trade; accept gifts and donations; lease agreements...............................SB 11 Legal proceedings and hearings; certain fees.................................................................HB 470 Refer to numerical index for page numbers INDEX 2567 STATE GOVERNMENT (Continued) Local government; audits; amend provisions ..................................................................SB 228 Local government audits; comply with federal requirements......................................HB 858 Local retirement systems; analysis ..................................................................................HR 102 Merit system; operational audits......................................................................................HB 491 Official State Atlas; designate ............................................................................................HR 18 Property conveyance; General Assembly resolution......................................................HB 704 Public officials and employees; contracts with agencies; exception ..............................SB 54 Public officials; retirement; accumulated leave .............................................................HB 394 Public officials; United States felony indictment; suspension ....................................HB 148 Railroad; Atlanta-Chattanooga; terminate lease..............................................................HR 97 Railroad excursions; operate between certain places ....................................................HB 471 State Capitol; bust of Sidney Lanier..................................................................................SR 44 State Capitol; portrait of George Guess..........................................................................HR 203 State Capitol; portrait of John Ross................................................................................HR 202 State Chaplain and religious administrators; housing allowance................................HB 236 State departments; General Assembly veto rules and regulations - CA.......................SR 46 State Personnel Board; certain committees; review rules.............................................SB 145 State Properties Commission; power...............................................................................HB 703 State Properties Commission; power; amend provisions ..............................................HB 617 Underwater salvage and archeology; certain items; state property ............................HB 326 Unemployment compensation claims; payment.............................................................HB 485 STATE PATROL (See Law Enforcement Officers and Agencies or Public Safety, Department of) STATE PROPERTY (See Public Property) STATUTES AND LAWS Civil actions; computation of time....................................................................................SB 169 Medical malpractice; limitation of actions ......................................................................SB 170 STEADMAN, DR. HENRY E.; commend.....................................................................HR 225 STEPHENS COUNTY; state court; continue ...............................................................HB 671 STERILIZATION Mentally incompetent persons..........................................................................................HB 237 Mentally incompetent persons ..........................................................................................SB 110 STEWART COUNTY Deputy sheriff; compensation .............................................................................................HB 53 Sheriff; compensation.........................................................................................................HB 750 Superior court clerk and probate judge; compensation ................................................HB 751 Tax commissioner; compensation.....................................................................................HB 752 STILSON ELEMENTARY SCHOOL; commend ......................................................HR 265 STONE, IOLA;commend...................................................................................................HR 284 STONE MOUNTAIN, CITY OF; city manager...........................................................HB 667 STRIBLING, MARY EMMA; commend ......................................................................HR 390 STRICKLAND, J. MARVIN; condolences ...................................................................HR 411 SUGAR HILL, CITY OF; corporate limits....................................................................HB 722 SUMMER OLYMPIC GAMES PARTICIPANTS OF 1984; invite to General Assembly...................................................................................HR 261 SUMNER, TOWN OF; council election ..........................................................................HB 472 Refer to numerical index for page numbers 2568 INDEX SUPERIOR COURTS Appeals; term for trial ........................................................................................................SB 183 Bail; controlled substances; offenses...................................................................................SB 86 Civil cases; order for trial; elderly.....................................................................................SB 173 Clerks; liens; certain information ........................................................................................SB 66 Clerks; minimum salaries ..................................................................................................HB 711 Council of Superior Court Judges of Georgia; create ......................................................SB 95 Criminal Justice Coordinating Council; superior court judge; add.............................HB 629 Joint Study Committee on Superior Court Judgeships; create...................................HR 106 Judges Retirement; provisions relating to spouse .........................................................HB 397 Judges; secretaries' salary.....................................................................................................SB 61 Judicial circuits; court administrator; employment .........................................................SB 24 Judicial circuits; law clerk; compensation..........................................................................SB 83 Judicial circuits; law clerk or court administrator; employment ................................HB 144 SUPREME COURT; Supreme Court Justices and Court of Appeals Judges; Employees Retirement; optional benefits..........................................HB 666 SWANSON, KAREN; commend ........................................................................................HR 48 SWINSON, MIKE; commend ...........................................................................................HR 448 SYLVESTER, CITY OF Council member; election ..................................................................................................HB 193 Mayor council; election ......................................................................................................HB 896 TAIWAN PROVINCIAL ASSEMBLY; invite to House..........................................HR 333 TATTNALL COUNTY Board of education; election; extend Constitutional Amendment..............................HB 861 Board of education; members...........................................................,...............................HB 863 Commissioners; provide .....................................................................................................HB 604 Industrial Development Authority; extend Constitutional Amendment ...................HB 860 State court judge; compensation ......................................................................................HB 603 TAXATION AND REVENUE Abandoned property; time for filing claims ....................................................................SB 140 Ad valorem tax; airports; municipal territory ................................................................HB 632 Ad valorem tax; appeal notices; form..............................................................................HB 595 Ad valorem tax; assessment; existing use .......................................................................HB 352 Ad valorem tax; attach notice of homestead exemption to bill ....................................HB 50 Ad valorem tax; homestead exemption; certain disabled veterans.............................HB 509 Ad valorem tax; information requirements on bills ......................................................HB 125 Ad valorem tax; mobile homes; designation...................................................................HB 914 Ad valorem tax; prisoners of war; exempt motor vehicles .........................................HB 1106 Alcoholic beverages; sale to underage persons; notification.........................................HB 558 Alias tax executions; issuance ...........................................................................................HB 307 Business license; restrictions.............................................................................................HB 154 Chatham County and City of Savannah; Taxation of Restored Historical Homes Study Committee; create .................................................................HR 13 Cigar tax; rate......................................................................................................................HB 775 Counties and municipalities; short-term debt; taxable property - CA .........................SR 12 County tax officials and employees; Employees Retirement.......................................HB 417 Refer to numerical index for page numbers INDEX 2569 TAXATION AND REVENUE (Continued) Decatur, City of; homestead exemption; elderly............................................................HB 582 Excise tax; distilled spirits; amend provisions...............................................................HB 945 Excise tax; distilled spirits and alcohol...........................................................................HB 463 Excise tax; table wines.......................................................................................................HB 564 Forsyth County; homestead exemption; elderly ............................................................HB 395 Fraudulent returns; penalties ...........................................................................................HB 845 Fulton and DeKalb Counties; tax collectors and commissioners; ex-officio sheriffs; population classification................................................................HB 761 Garnishment; tax collections.............................................................................................HB 341 General revenue-sharing program; urge continuation...................................................HR 394 Guardian and ward; estate plan; minimize taxes..........................................................HB 493 House Ad Valorem Property Taxation Study Committee; create ..............................HR 325 Income tax; assessment; time limitation .........................................................................HB 409 Income tax; certain retirement benefits; exception.........................................................HB 34 Income tax; certain retirement income; exemption.......................................................HB 129 Income tax; certain retirement income; exemption.......................................................HB 198 Income tax; certain retirement income; exemption.......................................................HB 574 Income tax; certain retirement income; exemption.......................................................HB 763 Income tax; certain retirement income; exemption.......................................................HB 829 Income tax; certain social security or railroad retirement benefits; exemption ......................................................................................................HB 1129 Income tax; computation ...................................................................................................HB 925 Income tax credit; child care, household, and dependent care expenses...................HB 765 Income tax credit; computer or technical equipment; donation to school ...........................................................................................................................HB 351 Income tax credit; conservation tillage equipment .....................................................HB 1111 Income tax credit; contributions to certain educational organizations......................HB 830 Income tax credit; corporations; library rental ..............................................................HB 694 Income tax; credit for excessive property tax....................................................................HB 9 Income tax; dependent care assistance; exemption.......................................................HB 216 Income tax; elderly or disabled; additional exemption...................................................HB 12 Income tax; filing; withholding certificate ......................................................................HB 624 Income tax; fraudulent returns; penalty.........................................................................HB 408 Income tax; individual retirement account; certain deductions..................................HB 116 Income tax; individual retirement account; deduction ...............................................HB 1030 Income tax; joint returns; computation...........................................................................HB 367 Income tax; motor carrier operating authorities............................................................HB 718 Income tax; rate computation; certain exemptions and credits ..................................HB 204 Income tax; rate of calculation .........................................................................................HB 197 Income tax refunds; setoff collections; claimant agencies..........................................HB 1108 Income tax; retirement income; exemption ....................................................................HB 141 Income tax; social security or railroad retirement; exclude ...........................................HB 10 Income tax; teachers; credit for certain expenses..........................................................HB 687 Insurance companies; eliminate certain tax reduction ...................................................HB 47 Intangible property; ad valorem tax exemption ............................................................HB 922 Intangible property; certain exemption - CA...................................................................HR 67 Intangible property tax; returns.......................................................................................HB 234 License plates; fees payable to office...............................................................................HB 143 Local option sales tax; educational purposes; property tax relief - CA .................................................................................................................HR 279 Local option sales tax; special county one percent sales tax; hospitals....................................................................................................................HB 170 Local option sales tax; special county one percent sales tax; use of proceeds ........................................................................................................HB 281 Motor fuel tax; nonhighway use exemption ...................................................................HB 431 Motor vehicles; prorated registration fee........................................................................HB 286 Refer to numerical index for page numbers 2570 INDEX TAXATION AND REVENUE (Continued) Motor vehicles; prorated registration fee........................................................................HB 400 Motorcycles; license fees....................................................................................................HB 230 Occupation tax; counties and municipalities; financial institutions ...........................HB 649 Occupation tax; counties; certain levy.............................................................................HB 477 Property tax relief; elderly - CA..........................................................................................HR 9 Sales tax; biomass; exemption ..........................................................................................HB 479 Sales tax; boats purchased by nonresidents; exemption...............................................HB 884 Sales tax; certain farmers; exemption .............................................................................HB 753 Sales tax; commercial fishermen; exempt crab bait......................................................HB 285 Sales tax; commercial fishermen; exempt crab bait......................................................HB 316 Sales tax; exempt food and drink ....................................................................................HB 145 Sales tax; machinery and equipment for research; exemption....................................HB 810 Sales tax; motor carriers; exempt certain items.............................................................HB 590 Sales tax; pecan harvesting equipment; exemption.......................................................HB 447 Sales tax; solar energy equipment; exemption .................................................................HB 94 Sales tax; vending machines; certain exemption .........................................................HB 1073 Solar energy; federal tax credits; extend.........................................................................HR 276 Special one percent sales tax; educational purposes - CA.............................................HR 73 State revenue commissioners; compensation..................................................................HB 883 Tax assessors; confidentiality .............................................................................................HB 80 Tax collector or tax commissioner; ex officio sheriff; compensation..........................HB 340 Tax collectors and tax commissioners; minimum salaries ............................................SB 199 Tax digests; property on appeal.......................................................................................HB 214 Tax executions; aggregate amount.....................................................................................HB 64 Tax officials; qualifications .................................................................................................HB 75 Tax Officials' Retirement Fund; create.........................................................................HB 1034 Tax payments; made payable to county .........................................................................HB 404 Upson County; homestead exemption; disabled persons..............................................HB 531 Urban enterprise zones; counties and municipalities provide .....................................HB 642 Urban enterprise zones; counties and municipalities provide - CA ...........................HR 118 TAYLOR COUNTY Commissioner districts; reapportion ..............................................................................HB 1045 Education districts............................................................................................................HB 1098 TEACHERS (Also, see Education) Employment Security; educational personnel; restrictions..........................................HB 266 Income tax; credit for certain expenses ..........................................................................HB 687 Professional Practices Commission; executive director and employees; Merit System.......................................................................................HB 388 Professional Practices Commission; membership..........................................................HB 888 Retirement; beneficiaries; minimum allowance..............................................................HB 338 Retirement; certain former teachers; membership ........................................................HB 405 Retirement; certain former teachers; membership - CA ................................................HR 88 Retirement; certain military creditable service..............................................................HB 779 Retirement; certain personnel; elect membership .........................................................HB 391 Retirement; certain teachers; decline membership .......................................................HB 259 Retirement; computation of average compensation ......................................................HB 251 Retirement; contributions by local units ........................................................................HB 423 Retirement; creditable service ............................................................................................HB 67 Retirement; creditable service; certain private schools ................................................HB 552 Retirement; creditable service; maternity leave.............................................................HB 186 Retirement; falsifying records; penalty ...........................................................................HB 293 Retirement; provisions relating to spouse.......................................................................HB 333 Retirement; reinstate membership...................................................................................HB 416 Teachers and other personnel; certain leave; creditable service .................................HB 345 Teachers Retirement System Nominating Committee; meetings ...............................HB 294 Refer to numerical index for page numbers INDEX 2571 TELEPHONE AND TELEGRAPH SERVICE Invasion of privacy; automated telephone sales ............................................................HB 790 Long Distance Telecommunications Study Committee; create...................................HR 282 Regulated telephone companies; services........................................................................HR 198 Regulated telephone companies; services ..........................................................................SR 93 Telephone communications; prohibit certain commercials..........................................HB 177 Telephone Harassment Study Committee; create.........................................................HR 334 TELEPHONE CENTER; express appreciation to women ..........................................HR 297 TELEVISION Court proceedings; broadcast, televise, or record; certain conditions ........................HB 796 EMC; satellite television systems.....................................................................................HB 639 Libel; visual or sound broadcast; evidence...................................................................HB 1123 TENNILLE, CITY OF; election provisions....................................................................HB 952 THE THOMASTON TIMES; commend........................................................................HR 286 THEFT Dog theft; provide offense...................................................................................................HB 71 Pharmacy robbery; theft of controlled substance.............................................................SB 57 Stolen vehicles; proof of ownership; return.....................................................................SB 135 Theft by shoplifting; municipal courts............................................................................HB 459 THOMAS COUNTY; board of education and superintendent; extend Constitutional Amendment................................................................................HB 1071 THOMASTON, CITY OF Mayor and council ..............................................................................................................HB 131 Office Building Authority; extend Constitutional Amendment ..................................HB 432 Thomaston-Upson County Industrial Development Authority; extend Constitutional Amendment..............................................................................HB 433 Water, sewerage, and electrical systems; revenue bonds; extend Constitutional Amendment..............................................................................HB 434 THOMASVILLE PAYROLL DEVELOPMENT AUTHORITY; extend Constitutional Amendment.............................................................................................HB 1070 THOMSON HIGH SCHOOL BULLDOGS FOOTBALL TEAM; commend ....HR 383 THORNBURY, CHRIS; commend..................................................................................HR 427 TIFT COUNTY Board of elections and registration; create.....................................................................HB 762 Purchases and contracts; bids...........................................................................................HB 935 TOBIE GRANT HOMEWORK LIBRARY; recognize .............................................HR 141 TODD, TOMMY; invite to House....................................................................................HR 226 TOOMBS COUNTY; Development Authority; extend Constitutional Amendment ...............................................................................................HB 730 TOOTE, DR. GLORIA; commend ...................................................................................HR 369 TORTS Animal injuries; owner liable ...............................................................................................SB 16 Animals; owners' liability for damages..........................................................................HB 1043 Governmental Liability Commission; create ..................................................................HR 171 Improvements to certain residential structures; recovery for deficiency ...................................................................................................................HB 738 Libel actions; evidence..........................................................................................................SB 77 Refer to numerical index for page numbers 2572 INDEX TORTS (Continued) Libel; visual or sound broadcast; evidence...................................................................HB 1123 Structured settlements and awards; recommend...........................................................HR 189 Wrongful death; homicide of spouse or parent; recovery...............................................HB 83 TOWNS COUNTY; treasurer; abolish office..................................................................HB 869 TRADE (See Commerce and Trade) TRAFFIC OFFENSES (See Motor Vehicles and Traffic) TRANSPORTATION, DEPARTMENT OF (See Highways, Bridges and Ferries) TRANSPORTATION, STATE BOARD OF Call for 7th and 8th District elections......................................................................... Page 166 Election of James L. Conner, 8th District ...................................................................Page 407 Election of Otis Brumby, Jr., 7th District....................................................................Page 410 TRAVEL INDUSTRY STUDY COMMITTEE; create in House..........................HR 326 TREGLOWN, OFFICER LARRY "BUTCH"; commend.........................................HR 159 TRESPASSING Criminal trespass; damage to property...........................................................................HB 710 Criminal trespass; damage to property............................................................................SB 240 Criminal trespass; private property; weapons .................................................................SB 212 TREUTLEN COUNTY; Development Authority; extend Constitutional Amendment ...............................................................................................HB 756 TRIALS Appeals; new trials; judge give reason for granting.......................................................HB 183 Appeals; superior court; term for trial .............................................................................SB 183 Child victim or witness; speedy trial .............................................................................HB 1087 Child victim or witness; videotaped deposition ...........................................................HB 1086 Civil cases; order for trial; elderly.....................................................................................SB 173 Correctional officers; witness fees .......................................................................................SB 27 Criminal procedure; guilty but mentally ill.....................................................................SB 129 Evidence; crime victim; present in court ........................................................................HB 217 Juries; amend selection provisions.....................................................................................HB 85 Juries; charges and instructions in writing...................................................................HB 1047 Juries; exempt persons 70 years of age and older .........................................................HB 157 Juries; exempt persons 65 years of age and older .........................................................HB 114 Magistrate courts; cash bonds; certain violations...........................................................SB 123 Sentencing; victim impact statement ..............................................................................HB 218 Sentencing; victim impact statement .................................................................................SB 75 Sexual offenses; victim 14 years of age or under; testimony .........................................HB 27 Torts; structured settlements and awards; recommend ...............................................HR 189 Victim of crime; present at trial .........................................................................................SB 74 TRINITY PRESBYTERIAN CHURCH; commend..................................................HR 387 TRION CITY SCHOOL SYSTEM; commend ............................................................HR 252 TRION, TOWN OF Homestead exemption; elderly; extend Constitutional Amendment........................HB 1001 School district; local option tax; extend Constitutional Amendment ........................HB 999 TROUP COUNTY Certain officers; compensation .........................................................................................HB 596 Chief magistrate; compensation .......................................................................................HB 599 Commissioner districts.......................................................................................................HB 554 Refer to numerical index for page numbers INDEX 2573 TROUP COUNTY (Continued) Commissioners; compensation ..........................................................................................HB 598 Coroner; compensation.......................................................................................................HB 597 State court judge and solicitor; compensation...............................................................HB 600 TURNER, SARA BETH; commend................................................................................HR 315 TYRONE, TOWN OF; council........................................................................................HB 1083 u UNEMPLOYMENT COMPENSATION Employment Security Law, amend..................................................................................HB 411 Employment Security Law; appeals ................................................................................HB 331 Employment Security Law; educational personnel; restrictions .................................HB 266 Employment Security Law; state government; claims..................................................HB 485 Employment Security Law; supplemental appropriations; Department of Labor .....................................................................................................HB 265 Employment Security Law; wages; accident or sickness disability.............................HB 412 UNION CITY, CITY OF Municipal court; associate judge ......................................................................................HB 912 Municipal court; associate judge .......................................................................................SB 279 UNION COUNTY; Hospital Authority; vacancies ........................................................HB 843 UNIVERSITY OF GEORGIA Highways; directional signs...............................................................................................HR 238 Recognize on 200th Anniversary ........................................................................................HR 60 Toombs Oak; historical marker........................................................................................HR 199 UNIVERSITY SYSTEM OF GEORGIA (See Board of Regents, University System of Georgia or Education) UPSON COUNTY Homestead exemption; disabled.......................................................................................HB 531 Thomaston-Upson County Industrial Development Authority; extend Constitutional Amendment ...........................................................................................HB 433 UPSON COUNTY VOCATIONAL TECHNICAL SCHOOL; commend ...........HR 305 UPSON HOME JOURNAL; commend .........................................................................HR 314 USED CARS Deceptive practices; federal odometer regulations ........................................................HB 448 Salvage motor vehicles; Certificate of Title......................................................................HB 45 Used car dealers; qualifications; certain exemptions ....................................................HB 494 VALDOSTA, CITY OF Ad valorem tax exemption; extend Constitutional Amendment.................................HB 103 Central Valdosta Development Authority; extend Constitutional Amendment...........................................................................................HB 305 Refer to numerical index for page numbers 2574 INDEX VALDOSTA HIGH SCHOOL FOOTBALL TEAM; invite to House.....................HR 95 VAUGHN, STEVEN D.; condolences .............................................................................HR 433 VENUE; corporations; actions.............................................................................................SB 127 VETERANS' AFFAIRS Ad valorem tax; homestead exemption; certain disabled veterans.............................HB 509 Employees' Retirement System; certain military service credit..................................HB 302 Georgia Medal of Honor; design and strike; authorization..........................................HR 260 Georgia Medal of Honor; design and strike; authorization...........................................SR 176 Georgia War Veterans Home; urge additional appropriation.......................................SR 158 Hunting and fishing; honorary licenses; certain veterans..........................................HB 1128 Income tax exemption; certain retirement benefits........................................................HB 34 Income tax exemption; certain retirement income........................................................HB 829 License plates; deceased prisoners of war; spouse's eligibility ..................................HB 1105 License plates; prisoners of war; definition......................................................................HB 79 Motor vehicles; prisoners of war; ad valorem tax exemption....................................HB 1106 Teachers Retirement System; certain military service credit......................................HB 779 Veterans dioxin and radiation exposure; praise Congressional Act............................HR 439 Veterans Memorial Highway; designate..........................................................................HR 101 Vietnam War; prisoners of war and missing in action; resolve certain issues ....................................................................................................................SR 190 VETERINARIANS; license renewal...................................................................................SB 25 VETOES; communication from Governor ........................................................................Page 19 VICTIMS OF CRIMES Depositions; minors............................................................................................................HB 288 Evidence; victim present in court....................................................................................HB 217 Pardons and Paroles allocate funds to victim - CA.........................................................SR 22 Pardons and Paroles; notification of parole ...................................................................HB 219 Sentencing; victim impact statement..............................................................................HB 218 Sentencing; victim impact statement; notification of pardon or parole .......................SB 75 Victim present at trial ..........................................................................................................SB 74 VIDALIA DEVELOPMENT AUTHORITY; extend Constitutional Amendment.........................................................................................................................HB 728 VITAL RECORDS Birth or death registration; fees paid by county treasurer ..........................................HB 716 Death certificates; filing; voter registration officer.......................................................HB 659 VOCATIONAL EDUCATION Handicapped persons; certain state funds......................................................................HB 339 Students; voter registration; non-county residents .........................................................HB 48 VOTING (Also, see Elections) Absentee ballots; delivery to person in hospital............................................................HB 210 Counterfeiting ballots; felony............................................................................................HB 245 Counties and municipalities; public facilities; voter approval - CA..............................SR 92 Death certificates; filing; voter registration officer.......................................................HB 659 Elections; amend provisions................................................................................................HB 97 Exit poll; restrictions..........................................................................................................HB 209 Handicapped voters; access to polling places...................................................................HB 76 Librarians; serve as deputy registrar...............................................................................HB 190 Presidential electors ...........................................................................................................HB 963 Registration; location of cards ..........................................................................................HB 208 Registration; location of cards.............................................................................................SB 34 Registration; residence requirement ..............................................................................HB 1074 Refer to numerical index for page numbers INDEX 2575 VOTING (Also, see Elections) (Continued) Run-off primaries; number of polling places..................................................................HB 188 Students; registration; non-county residents....................................................................HB 48 w WALDRON, KAY;commend..............................................................................................HR 49 WALKER COUNTY Development Authority; extend Constitutional Amendment......................................HB 672 Rural Water and Sewer Authority; amend.....................................................................HB 166 WALTON COUNTY Commission chairman; compensation..............................................................................HB 758 Commissioners; compensation ..........................................................................................HB 759 Coroner; compensation.....................................................................................................HB 1117 WARD, MELANIE;commend..........................................................................................HR 181 WAREHOUSING; licenses; expiration date ....................................................................SB 159 WARNER ROBINS, CITY OF Municipal court; penalties.................................................................................................HB 714 Municipal court; penalties.................................................................................................HB 809 WARRANTS; criminal procedure; delete certain citizens posse provisions...................................................................................................................HB 668 WARREN COUNTY Commission chairman; compensation..............................................................................HB 981 Superior court deputy clerk; compensation..................................................................HB 1081 Tax commissioner; employees' compensation ..............................................................HB 1082 WASHINGTON COUNTY Board of commissioners .....................................................................................................HB 949 Tax commissioner; compensation.....................................................................................HB 950 WATER AND WASTEWATER TREATMENT Counties and municipalities; water or sewage facilities; contracts - CA.................................................................................................................HR 416 Counties and municipalities; water or sewage facilities; finance through Georgia Development Authority - CA............................................HR 363 Wastewater treatment plant; definition.............................................................................SB 59 Water Well Standards Act of 1985; enact ........................................................................HB 32 WATERS, PORTS AND WATERCRAFT Coastal Zone Protection Law; provide ..........................................................................HB 1096 Counties; salt-water islands; zoning.................................................................................HB 911 Northeast Georgia Study; including Curry Creek Dam and Lake..............................HR 214 Right whale; state marine mammal....................................................................................SR 91 Sales tax exemption; boats purchased by nonresidents................................................HB 884 Shore Assistance Act of 1979; amend............................................................................HB 1097 State Port Facilities Accident Study Committee; create ...............................................HR 10 Underwater archeology......................................................................................................HB 277 Underwater salvage and archeology; certain items; state property ............................HB 326 WATKINS, LEMUEL; commend ....................................................................................HR 367 Refer to numerical index for page numbers 2576 INDEX WAYCROSS JUDICIAL CIRCUIT Judges; compensation.........................................................................................................HB 486 Term of court ......................................................................................................................HB 746 WAYNE COUNTY Industrial development tax; extend Constitutional Amendment..............................HB 1101 State court judge and solicitor; compensation................................................................SB 244 WEAPONS Abandonment; disposal......................................................................................................HB 303 Criminal trespass; private property..................................................................................SB 212 Exemption; certain public officials..................................................................................HB 572 Exemption; retired peace officer ......................................................................................HB 889 Stun gun or taser; definition...........................................................................................HB 1109 WEIGHTS AND MEASURES Highways; flat-bed carriers; length of trailer.................................................................HB 376 Highways; flat-bed carriers; length of trailer .................................................................HB 591 Highways; flat-bed carriers; length of trailer .................................................................HB 692 Highways; projecting loads; lights or flags......................................................................HB 201 Highways; weight and load of vehicles............................................................................HB 122 Highways; weight and load of vehicles; certain permits...............................................HB 232 Motor Transit Load Limitation Study Committee; create ..........................................HR 328 WELFARE (See Indigent or Social Services) WELLS, DR. DAVID; commend......................................................................................HR 155 WEST ROME HIGH SCHOOL FOOTBALL TEAM; commend ..........................HR 194 WESTWOOD WILDCATS FOOTBALL AND SOFTBALL TEAMS; commend..............................................................................................................HR 62 WHITE, CITY OF; aldermen............................................................................................HB 538 WHITE COUNTY Board of education; election; extend Constitutional Amendment............................HB 1077 Industrial Building Authority; extend Constitutional Amendment..........................HB 1078 Superior court clerk; employees.....................................................................................HB 1002 Tax commissioner; compensation.....................................................................................HB 609 WHITE, J. DAN; commend ...............................................................................................HR 298 WHITFIELD COUNTY Board of elections and registration; create.....................................................................HB 857 Board of elections; repeal..................................................................................................HB 856 Property conveyance; certain counties; municipalities ...................................................HR 91 WHITLOCK, IRA; congratulate .......................................................................................HR 267 WIGINGTON, JULIE; commend ....................................................................................HR 352 WILDLIFE CLUB OF EVANS COUNTY; commend..............................................HR 368 WILKERSON, WILLIAM S. "BILLY"; commend....................................................HR 372 WILKES COUNTY Ad valorem tax; homestead exemptions........................................................................HB 1091 Education districts ..............................................................................................................SB 167 WILKINSON COUNTY Magistrates; compensation .................................................................................................SB 197 Probate judge; compensation.............................................................................................SB 196 Refer to numerical index for page numbers INDEX 2577 WILKINSON COUNTY (Continued) Sheriff; compensation and personnel ...............................................................................SB 194 Superior court clerk; compensation ..................................................................................SB 193 Tax commissioner; compensation and personnel............................................................SB 195 WILLIAMS, CARVIS P.; condolences ...........................................................................HR 143 WILLIAMS, GARLAND H. "BULLDOG"; commend .............................................HR 349 WILLS, TRUSTS AND ADMINISTRATION OF ESTATES Estates; administrators or executors; bond ....................................................................HB 966 Estates; appraisement of property; evidence...................................................................SB 208 Estates; intestacy; deposit money......................................................................................HB 61 Estates; intestacy; spouse's or child's amount...............................................................HB 119 Estates; year's support; determination of appraiser; eliminate...................................HB 908 Estates; year's support; sale of property...........................................................................HB 60 Fiduciaries; certain investments........................................................................................SB 112 Guardian and ward; estate plan; minimize taxes..........................................................HB 493 Joint tenancy; security interests; severance......................................................................HB 62 Living wills; distribution ....................................................................................................SB 191 Living wills; forms ..............................................................................................................HB 446 Wills; probate court; jurisdiction......................................................................................HB 735 Wills; probate in solemn form; beneficiaries.....................................................................SB 46 WIMS, KELLY; commend.................................................................................................HR 205 WINE (Also, see Alcoholic Beverages and Alcoholism) Excise tax.............................................................................................................................HB 463 Excise tax.............................................................................................................................HB 564 Farm wineries; production regulations............................................................................HB 566 Farm wineries; sales regulations.......................................................................................HB 567 WINTERVILLE, CITY OF; mayor and council; election ...........................................HB 698 WITNESSES Child abuse; admissible evidence.......................................................................................HB 18 Child abuse; admissible evidence.....................................................................................HB 292 Criminal cases; child victim or witness; speedy trial ..................................................HB 1087 Sexual contact; minors; hearsay evidence.......................................................................HB 289 Sexual offenses; admissible evidence; minors.................................................................HB 757 Sexual offenses; victim 14 years of age or under; testimony .........................................HB 27 State government; legal proceedings and hearings; certain fees .................................HB 470 Trials; child victim or witness; videotaped deposition ...............................................HB 1086 WOMEN House Feminization of Poverty Study Committee; create...........................................HR 299 "Women's History Week"; designate ..............................................................................HR 168 WOOD, JOE T., JR.; commend ........................................................................................HR 409 WOODRUFF, ROBERT W.; condolences ......................................................................HR 447 WOODSTOCK, CITY OF; corporate boundaries..........................................................SB 283 WOODWARD ELEMENTARY SCHOOL; commend ..............................................HR 263 WORKERS' COMPENSATION Amend provisions ................................................................................................................SB 160 Benefits; define next of kin...............................................................................................HB 380 Benefits; dependents; certain limits ................................................................................HB 384 Benefits; time for payment ................................................................................................SB 163 Employees select physician...............................................................................................HB 435 Refer to numerical index for page numbers 2578 INDEX WORKERS' COMPENSATION (Continued) Hearings; time limitation ...................................................................................................SB 162 Reimbursement; health care providers.............................................................................SB 161 Subsequent Injury Trust Fund; certain self-insurers; reimbursement eligibility...............................................................................................HB 764 Witness at hearing; prohibit discharge............................................................................HB 381 WORLD CONGRESS CENTER; Zell Miller Corporate Conference Center of World Congress Center; designate ..............................................HR 50 WORTH COUNTY; board of commissioners; compensation .....................................HB 1085 YOUNG, LARRY; condolences .........................................................................................HR 208 YOUTH ART MONTH IN GEORGIA; relative to....................................................HR 249 YOUTH ASSEMBLY; commend officials......................................................................HR 230 ZACHERT, CORA HARRISON MASSEE; congratulate.........................................HR 319 ZONING Coastal Zone Protection Law; provide ..........................................................................HB 1096 County officials; property interest; prohibitions............................................................HB 618 Fulton and DeKalb Counties; procedures.......................................................................HB 325 Fulton County; procedures................................................................................................HB 457 House Land Use Planning Procedures Study Committee; create ..............................HR 332 Joint Land Use Planning Procedures Study Committee; create ................................HR 239 Salt-water islands; counties...............................................................................................HB 911 Urban enterprise zones; provide.......................................................................................HB 642 Urban enterprise zones; provide - CA.............................................................................HR 118 Zoning Procedures Law; enact............................................................................................HB 51 Zoning Procedures Law for Metropolitan Counties; provide.......................................HB 715 Refer to numerical index for page numbers PART II HOUSE BILLS HB 1 --Supplemental appropriations; FY 1984-85.............................31, 51, 51, 77, 316, 316, 406, 407, 411, 474, 566 HB 2 --Personal care homes; safety standards ................................................31, 51, 710, 900, 1979, 2072 HB 3 --Head-injured persons; registration...........................31, 51, 417, 470, 1145, 1323 HB 4 --Supplemental appropriations; FY 1984-85..................................31, 51, 660, 730, 1079, 2187, 2197, 2211, 2239, 2325, 2463 HB 5 --Mentally ill persons; voluntary transfer; state facilities................................................................^!, 51, 710, 905, 1563 HB 6 --Mentally ill persons; hearing officers; fees..................................................31, 51, 710, 912, 1964 HB 7 --Motor vehicles; operating without insurance...............................31, 51, 661, 825 HB 8 --Alcoholism treatment; effective date..................................31, 51, 710, 899, 2065 HB 9 --Income tax; credit for excessive property tax..............................................32, 51 HB 10 --Income tax; social security or railroad retirement; exclude.......................................................................................................32, 51 HB 11 --Child custody, visitation, and property division; court actions; attorney's fees.........................................32, 51, 302, 431, 863 HB 12 --Income tax; elderly or disabled person; additional exemption...............................................................................32, 51 HB 13 --Cancer Advisory Committee; terms of membership..........................32, 51, 710, 902, 1890, 1898 HB 14 --Division of Youth Services; felony conviction; jurisdiction..........................................................32, 51, 418, 678, 1562, 1674, 1808, 1852, 1876, 2194 HB 15 --Moultrie, City of; mayor and council.....................................................32, 51, 64, 65, 304, 304, 669 HB 16 --Street address; display numbers................................................33, 51, 1063, 1535 HB 17 --Conditional driver's license; age requirement..............................................33, 51 HB 18 --Child abuse; evidence; admissibility..............................................................33, 51 HB 19 --Driver's license; facial photograph .................................................................33, 51 HB 20 --Alcoholic beverages; identification for purchasing ......................................33, 51 HB 21 --Alcoholic beverages; age for purchasing...............................33, 51, 266, 281, 864 HB 22 --Board of Offender Rehabilitation; change name to Board of Corrections .................................................33, 51, 180, 199, 466 HB 23 --Crisp County; hydro-electric bonds; extend Constitutional Amendment ....................................................................34, 51 HB 24 --Crisp County; electric system revenue bonds; extend Constitutional Amendment.......................................................34, 51 HB 25 --Surface mining; ownership change; maximum bond..................................34, 51, 197, 238, 670 HB 26 --Real estate; foreclosure sales; advertisement ...............................................34, 51 HB 27 --Sexual offenses; victims 14 years of age or 2580 INDEX under; testimony.............................................34, 51, 1367, 1491, 2196, 2214 HB 28 --Sexual offenses; minors; priority court cases ...............................................34, 51 HB 29 --Sexual offenses; minors; certain protection ..................................................35, 51 HB 30 --Public housing; fraudulently obtaining; penalty ................................35, 51, 180, 276, 307, 2100, 2189, 2198 HB 31 --Board of Regents; employees; serve on certain board...............................................................................35, 51, 304, 422, 1076 HB 32 --Water Well Standards Act of 1985; amend.........................................35, 51, 197, 239, 1078, 1328 HB 33 --Controlled substances; revise list ........................................35, 51, 710, 940, 1729 HB 34 --Income tax exemption; certain retirement benefits ....................................35, 51 HB 35 --Soil erosion and sedimentation; counties and municipalities; technical assistance .............................................35, 51, 197, 270, 1838, 1846 HB 36 --MARTA; add members to Board ............................36, 51, 303, 471, 1143, 1324, 1381, 1493, 1596, 1644, 1680 HB 37 --Forsyth County; superior court; change terms............................................36, 51, 180, 199, 1077 HB 38 --Motor vehicles; seat belts; requirement ........................................................36, 51 HB 39 --State Boxing and Wrestling Commission; create........................36, 51, 303, 435 HB 40 --Trains; caboose; last car ..................................................................................36, 51 HB 41 --Trains; caboose; last car ..................................................................................36, 51 HB 42 --Felines; rabies inoculation...............................................................................36, 51 HB 43 --License plates; fees for special plates...................................................36, 51, 252, 303, 590, 1563 HB 44 --Chamblee, City of; mayor and councilmen; terms......................................37, 51, 64, 64, 305 HB 45 --Certificate of Title; salvage motor vehicles .................................................37, 51, 661, 840, 1729, 1799 HB 46 --MARTA; employees' benefits; repeal certain limitation ..................................................................................37, 51, 303, 434 HB 47 --Insurance companies; eliminate certain tax reduction.........................37, 51, 65 HB 48 --Students; voter registration; non-county residents ..............................37, 51, 65, 461, 636, 1199, 1678 HB 49 --State Board of Education; health improvement program; establish.................................................37, 51, 1708 HB 50 --Tax bill; attach notice of homestead exemptions........................................38, 51 HB 51 --Zoning Procedures Law; counties and municipalities .....................................38, 51, 303, 430, 466, 698, 2003, 2076 HB 52 --Randolph County; deputy sheriff; salary.................................38, 51, 64, 64, 421 HB 53 --Stewart County; deputy sheriff; compensation.......................38, 51, 64, 65, 421 HB 54 --Motor vehicle Certificate of Title; certain designations; notify GBI .........................................................................38, 51 HB 55 --Motor vehicle Certificate of Title; fee for application............................................................................38, 51, 53, 75, 465 HB 56 --Surplus lines insurance; bond ..............................................38, 51, 196, 254, 1887 HB 57 --Motor vehicle; defensive driving course; fee.................................................39, 51 HB 58 --Public Safety, Department of; acceptance of donations, conveyance of property, equipment, or services; procedures .................................................39, 51, 180, 200, 1379 HB 59 --Garnishment; payment of expenses .........................................39, 51, 1064, 1446, 1508, 2101, 2194 HB 60 --Estates; year's support; sale of property .......................................................39, 51 HB 61 --Estates; intestacy; deposit money .......................................39, 51, 604, 815, 1835 HB 62 --Joint tenancy; security interests; severance..................................................39, 51 HB 63 --Homicide by vehicle; punishment........................................................39, 51, 1063 HB 64 --Tax executions; aggregate amount..................................40, 51, 1137, 1472, 2206 INDEX 2581 HB 65 --School crossings; safety provisions ........................................................40, 51, 710 HB 66 --Motor vehicle Certificate of Title; cancellation of certain vehicles ....................................................................................40, 51 HB 67 --Teachers Retirement; creditable service .......................................................40, 51 HB 68 --Mortgage brokers; loan agents and solicitors; licensing..............................40, 51 HB 69 --Time Share Act; public offering statements ...............................................40, 51, 855, 949, 1887 HB 70 --Motor vehicles; towing requirements ........................................41, 51, 1190, 1449 HB 71 --Dog theft; provide offense...............................................................................41, 51 HB 72 --Marietta, City of; corporate limits ..................................41, 51, 1551, 1553, 2460 HB 73 --Alcohol beverages; advertisement; prohibit..................................................41, 51 HB 74 --Probate court judges; qualifications.....................................................41, 51, 180, 198, 2197, 2323 HB 75 --County tax officials; qualifications .....................................41, 51, 578, 685, 1076 HB 76 --Handicapped voters; access to polling places...............................................41, 51 HB 77 --State Personnel Board; rules and regulations; review ...............................42, 51, 52, 662, 908, 1380, 1670, 1892 HB 78 --General Assembly; members' salary .................................42, 51, 53, 76, 422, 446 HB 79 --License plates; prisoners of war; definition ..................................................42, 51 HB 80 --Tax assessors; confidentiality ...................................42, 51, 606, 821, 2006, 2084, 2112, 2178, 2198, 2343 HB 81 --Group life insurance; debtor coverage...............................42, 51, 196, 275, 1562, 1689, 1917, 1918, 1977, 2086, 2209 HB 82 --African Development Bank; certain investments.......................................42, 51, 1189, 1525, 2461 HB 83 --Wrongful death; homicide of spouse or parent; recovery ..........................................................................46, 64, 661, 828, 1887 HB 84 --Employees' Retirement; divorced retiree; options.......................................46, 64 HB 85 --Juries; selection provisions; amend...........................46, 64, 418, 581, 2198, 2215 HB 86 --Perry, City of; amend charter................................................46, 64, 180, 180, 960 HB 87 --Perry, City of; amend charter .......................................46, 64, 180, 181, 960, 996 HB 88 --Judicial vacancies; Governor's appointment................................................46, 64, 605, 889, 1730 HB 89 --Consumers' Utility Counsel; date of repeal.................................................46, 64, 1000, 1214, 1958 HB 90 --Driving under the influence; conditional driver's license; amend provisions..................................47, 64, 303, 613, 1314, 1650 HB 91 --Courts; actions by indigent party; review..........................................47, 64, 1019, 1084, 2239, 2312 HB 92 --Prisoners; civil actions; certain forms.................................47, 64, 605, 693, 1143 HB 93 --Code of Georgia; corrections ..................................................47, 64, 196, 238, 864 HB 94 --Solar energy equipment; sales tax exemption.............................................47, 64, 578, 639, 1315 HB 95 --Local governments; allocation of bonds...............................47, 64, 265, 312, 864 HB 96 --Waterfowl; develop official stamp.......................................48, 64, 460, 638, 1046 HB 97 --Elections; amend provisions.................................................48, 64, 303, 438, 1078 HB 98 --Local boards of education; communication council; establish ......................................................................................48, 64 HB 99 --Lottery equipment; manufacture, sale, and transport.................................................................48, 64, 855, 948, 1143 HB 100 --LaGrange, City of; corporate limits ......................................48, 64, 180, 181, 464 HB 101 --Jury commissioners; succession to office ...........................48, 64, 196, 238, 1958 HB 102 --Lowndes County; license taxes; extend Constitutional Amendment...........................................48, 64, 180, 181, 305 HB 103 --Valdosta, City of; ad valorem tax exemption; extend Constitutional Amendment..............................49, 64, 180, 181, 305 HB 104 --Lowndes County; ad valorem tax exemption; extend 2582 INDEX Constitutional Amendment ...........................................49, 64, 180, 181, 305 HB 105 --Lowndes County; property assessments; extend Constitutional Amendment ...........................................49, 64, 180, 182, 305 HB 106 --Lowndes County; itinerant peddlers; regulate; extend Constitutional Amendment..............................49, 64, 180, 182, 305 HB 107 --Lowndes County; historical property; ad valorem tax exemption; extend Constitutional Amendment .................................49, 64, 180, 182, 305 HB 108 --Lowndes County-City of Valdosta; revenue and tax administrations; extend Constitutional Amendment .........................49, 64 180, 182, 305 HB 109 --Mclntosh County Industrial Development Authority; define project...................................................................50, 64, 180, 183, 464 HB 110 --Legislative Counsel; Employees' Retirement provisions.............................43, 51 HB 111 --Secretary of Senate and Clerk of House; fees.............................................43, 51, 180, 202, 962 HB 112 --Speech-Language Pathology and Audiology, State Board of; enact .........................................50, 64, 417, 470, 1078, 1341 HB 113 --Forced entry; justification for protecting home.........................................55, 179 HB 114 --Jury duty; exempt persons 65 years and older ..........................................55, 179 HB 115 --Bacon County; state court; abolish.....................................55, 179, 197, 197, 464 HB 116 --Income tax; individual retirement account; certain contributions .............................................................................55, 179 HB 117 --Pedestrians under the influence; amend traffic regulations...................................................................................55, 179 HB 118 --Driving under the influence; bail provisions; blood content..........................................................................................55, 179 HB 119 --Estates; intestacy; spouse's and child's amount .......................................56, 179, 661, 822, 2065 HB 120 --Prisoners; county work-release programs.....................56, 179, 1064, 1180, 2461 HB 121 --Annexation; municipal corporations ...........................................56, 179, 578, 679 HB 122 --Highways; weight and load of vehicles........................................................56, 179 HB 123 --Railroads; underpass or overpass; public hearing ....................................................................................56, 179, 267, 612 HB 124 --Game and Fish; raccoon, bobcat, and fox; bag limits.....................56, 179, 1033 HB 125 --Tax bills; information requirements...............................57, 179, 606, 1346, 1958 HB 126 --Agricultural seeds; label requirements................................................57, 179, 709 HB 127 --Counties and municipalities; land covenants; time limitation........................................................................................57, 179 HB 128 --Public officials and employees; prohibit coercion ....................................57, 179, 303, 432, 1077 HB 129 --Income tax; certain retirement income; exemption...................................57, 179 HB 130 --Motor vehicles; abandonment; foreclosure of liens ..................................57, 179, 661, 835, 1564 HB 131 --Thomaston, City of; mayor and council...........................57, 179, 606, 606, 1008 HB 132 --Motor vehicle Certificate of Title; show previous owner.............................................................58, 179, 303, 424, 1077 HB 133 --Motor vehicles; registration; duplicates ...........................58, 179, 303, 428, 1077 HB 134 --License plates; reporting lost or mutilated plates.............................................................................58, 179, 303, 428, 1730 HB 135 --Damascus, City of; new charter.........................................58, 179, 711, 711, 1104 HB 136 --Public assistance; repeal certain work programs .......................................58, 179 HB 137 --Public utilities; rate increase; restrictions ..................................................58, 179 HB 138 --Public Service Commission; fee for operating costs..................................58, 179 HB 139 --Consumers' Utility Counsel; fees for operating costs................................58, 179 HB 140 --Alcoholic beverages; prohibit sales; certain stores.......................................50, 64 HB 141 --Income tax; retirement income; exemption ................................................59, 179 INDEX 2583 HB 142 --Alcoholic beverages; providing to certain persons; penalty................................................................59, 179, 605, 692, 1837, 1840 HB 143 --License plates; fees payable to office ..........................................................59, 179 HB 144 --Judicial circuits; law clerk or court administrator; employment.............................59, 179, 265, 308, 1962, 1966 HB 145 --Sales tax; exempt food and drink ................................................................59, 179 HB 146 --Driving under the influence; arrest; release impounded vehicle .................................................................................59, 179 HB 147 --Legislative Services Committee; membership............................................59, 179 HB 148 --Public officials; U.S. felony indictment; suspension .................................60, 179 HB 149 --Secretary of Senate and Clerk of House; fees............................................60, 179 HB 150 --General Assembly candidates; financial disclosure ...................................60, 179 HB 151 --Legislative branch; appropriations...............................................................60, 179 HB 152 --Superior Court Judges Retirement; cost-of-living adjustments.............................................................................................60, 179 HB 153 --Hazardous materials; immunity for certain assistance ................................................................................60, 179, 417, 640 HB 154 --Business license; restrictions....................................................61, 179, 1035, 1163 HB 155 --Garnishment; child or spousal support ..........................50, 64, 1063, 1157, 1730 HB 156 --Chiropractors; scope of practice ..................................................61, 179, 417, 584 HB 157 --Jury duty; exempt persons 70 years and older .........................................61, 179, 196, 238, 1888 HB 158 --Public officials; retirement; accumulated leave .........................................61, 179 HB 159 --Death penalty; date of imposition ....................................61, 179, 661, 975, 1730 HB 160 --Natural Resources; commissioner; delegate authority ...............................................................................61, 179, 266, 1046 HB 161 --Code of Georgia; codification ......................................62, 179, 196, 252, 310, 865 HB 162 --Code of Georgia; publication ...............................................62, 179, 196, 253, 866 HB 163 --Code of Georgia; elections; corrections ................................................62, 67, 179, 196, 253, 866 HB 164 --Code of Georgia; retirement; corrections.............................................62, 67, 179, 196. 254, 866 HB 165 --Sheriffs' Retirement; board membership .......................62, 179, 710, 1444, 2065 HB 166 --Walker County Rural Water and Sewer Authority; amend....................62, 179, 197. 198, 464 HB 167 --Criminal procedure; restitution for damage to state property ................................................................63, 179, 180, 201, 465 HB 168 --Hazardous Waste Management Act; amend provisions.........................168, 195, 266, 311, 1077 HB 169 --Motor vehicles; flashing signals; below speed limits...............................168, 195 HB 170 --Local option; special county one percent sales tax; use of proceeds....................................!69, 195, 1099, 1173, 2196, 2232 HB 171 --Secretary of State; investigatory authority..............................................!69, 195, 418, 468, 1888 HB 172 --Rail Passenger Authority; create ..........................169, 195, 711, 874, 1562, 1647 HB 173 --Financial institutions; court orders; response time................................169, 195, 1367, 1529, 2066 HB 174 --Corporations; purchase shares; requirement ...........................................169, 195, 418, 1014, 2206 HB 175 --Parental rights; termination ...................................................169, 195, 1367, 1481 HB 176 --State Patrol; interstate responsibility .......................................................170, 195 HB 177 --Telephone communications; prohibit certain commercials...................170, 195, 418, 583, 1077 HB 178 --Deeds; master forms; record .......................................................................170, 195 HB 179 --Traffic citation; failure to respond; driver's license suspension............................................................!70, 195, 1000, 1050 HB 180 --Physical therapists; disciplinary sanctions ...............................................170, 195 2584 INDEX HB 181 --House of Representatives; reapportion districts 28 and 34 ...............................................................................170, 195 HB 182 --Augusta Judicial Circuit; add judge ...........................171, 195, 1305, 1480, 1564 HB 183 --Appeals; new trials; judge give reason for granting................................171, 195, 605, 887, 2462 HB 184 --Sexual contact offenses; amend Criminal Code.......................................171, 195 HB 185 --Deprived child; detention hearing; time limitation................................171, 195, 265, 437, 1837, 1844, 1914, 1918, 2006, 2385, 2463 HB 186 --Teachers Retirement; creditable service; maternity leave .....................171, 195 HB 187 --Radiologists; regulate...................................................................................171, 196 HB 188 --Run-off primaries; number of polling places ..................................171, 196, 662, 837, 1891, 2083, 2196, 2220, 2318, 2444, 2464 HB 189 --Probated sentence; review......................................!72, 196, 461, 642, 1145, 1671 HB 190 --Librarians; serve as deputy registrar..............................!72, 196, 662, 890, 1315 HB 191 --Registered foresters; special lien on real estate......................................172, 196, 1064, 1147, 2065 HB 192 --Development authorities; alternative living home ........................172, 196, 1367 HB 193 --Sylvester, City of; council member; election............................!72, 196, 267, 267 HB 194 --Candidates; campaign literature costs; prohibition .................................................................172, 196, 662, 885, 2461 HB 195 --Alcoholic beverages; sales by drink; prohibit special prices.........................................................................................l73, 196 HB 196 --Emergency hospital care for pregnant patients; repeal ..........................173, 196 HB 197 --Income tax; rate of calculation...................................................................l73, 196 HB 198 --Income tax; certain retirement income; exclusion...................................173, 196 HB 199 --Medical Assistance, Department of; reciprocal arrangements .............................................................173, 196, 417, 635, 1730 HB 200 --Adoption assistance; interstate compacts; Human Resources enter .........................................................173, 196, 419, 635, 1836 HB 201 --Highways; projecting loads; lights or flags ...............................................173, 196 HB 202 --Alcoholic beverages; age for purchasing....................................................!74, 196 HB 203 --Trucks and tractors; name displayed ........................................................174, 196 HB 204 --Income tax; rate computation; certain exemptions and credits.............................................................................................!74, 196 HB 205 --Antique slot machines; possess, manufacture, or transfer parts; certain prohibitions........................................174, 196, 1064, 1166, 2362, 2387, 2420, 2421 HB 206 --Hazardous substances; disclosure to employees.......................................174, 196 HB 207 --Mentally retarded persons; transfer custody............................................174, 196 HB 208 --Voter registration; temporary location of cards.......................................175, 196 HB 209 --Elections; exit poll; restrictions .................................................175, 196, 461, 645 HB 210 --Absentee ballots; delivery to persons in hospital....................................175, 196 HB 211 --Civil practice; discovery...............................................................................l75, 196 HB 212 --Health insurance; group plans; cancellation.............................................175, 196 HB 213 --Mechanics' and materialmen's liens; cancellation provision..........................................................................175, 196 HB 214 --Tax digests; property on appeal............................................175, 196, 1035, 1603 HB 215 --Magistrate courts; civil claims; jurisdiction..............................................176, 196 HB 216 --Income tax; dependent care assistance; exemption.................................176, 196 HB 217 --Evidence; crime victim present in court...................................................176, 196 HB 218 --Sentencing; victim impact statement ........................................................176, 196 HB 219 --Pardons and Paroles; notification of parole .............................................176, 196 HB 220 --Motor vehicles; compliance with emission standards; certify ......................................................176, 196, 303, 586, 1888 HB 221 --Motor vehicle Certificate of Title; compliance with emission standards...........................................l77, 196, 418, 586, 1888 HB 222 --Firefighter organizations; false INDEX 2585 representation ......................................................................177, 196, 418, 689 HB 223 --Alcoholic beverages; sales by drink; prohibit removal from premises........................................................................177, 196 HB 224 --Family violence; arrest without warrant ...................................................177, 196 HB 225 --Quality Basic Education Act; enact...........................................................!77, 196 HB 226 --General appropriations; FY 1985-86..........................177, 196, 1137, 1218, 1732, 1732, 1839, 1848, 1876, 2239, 2312 HB 227 --State retirement systems; amend provisions...........................................178, 196, 1138, 1209, 2234, 2314 HB 228 --Fiscal Note Act; delete retirement bill provisions..................................!78, 196, 606, 820, 1379 HB 229 --General Assembly; members' expenses; reimbursement........................178, 196, 266, 314, 1314, 1868, 1963 HB 230 --Motorcycles; license fees.....................................................!78, 196, 197, 237, 465 HB 231 --State court judges emeritus; arrest warrants; authorization..............................................................!91, 235, 302, 612, 2206 HB 232 --Highways; weight and load of vehicles; certain permits.........................191, 235 HB 233 --Physicians; provisional license; extend time..................................192, 235, 1304 HB 234 --Intangible property tax; returns.................................................................l92, 235 HB 235 --Emory University; special license plates; sesquicentennial founding .......................................192, 235, 661, 824, 1564 HB 236 --State Chaplain and religious administrators; housing allowance................................................................................192, 235 HB 237 --Sterilization; mentally incompetent persons ............................................192, 235 HB 238 --MARTA; add member to Board ................................................................192, 235 HB 239 --Commercial Code; mechanics' liens; farm equipment........................................................l93, 235, 856, 947, 1837, 1922 HB 240 --Municipal courts; proof of motor vehicle insurance; jurisdiction.................................................................193, 235, 302, 436, 1198 HB 241 --Municipal courts; judges; residency requirements...................................193, 235 HB 242 --Retail installment contracts; time price differential...............................193, 235 HB 243 --Housing authorities; number of commissioners ......................193, 235, 303, 613 HB 244 --Negligent hunting; suspension of Iicense.........................................l93, 235, 709, 993, 1380, 1648, 1838 HB 245 --Elections; counterfeiting ballots; felony............................................193, 235, 857 HB 246 --Child custody; rights of child; age .............................................................194, 235 HB 247 --Alcoholic beverages; sales on election day; referendum ..............................................194, 235, 419, 626, 676, 1167, 1685 HB 248 --Death penalty; date of execution ...............................................................194, 235 HB 249 --Post-mortem Exam; removal of pituitary glands ....................................194, 235 HB 250 --Certain medical facilities; report non-accidental injuries........................................................................194, 235, 710, 909, 2207 HB 251 --Teachers Retirement; computing average compensation .......................194, 235 HB 252 --General Assembly members; retirement; certain creditable service ............................................195, 235, 606, 694, 1965, 2075 HB 253 --Equine; regulate stables ......................................................................228, 264, 709 HB 254 --Agricultural Exposition Authority Overview Committee; create ..................................229, 264, 265, 315, 865, 1445, 1644 HB 255 --Coroners; qualifications, fees, bond requirements, and duties...................................................................229, 264, 710, 915, 1379 HB 256 --Coroner's Training Council; create .................................229, 264, 710, 969, 1836 HB 257 --Claims Advisory Board; certain claims; process .....................................229, 264, 461, 643, 1077 HB 258 --Public retirement systems; certain crimes; restrict membership...........................................................................................229, 264 HB 259 --Teachers Retirement; certain teachers; decline membership..........................................................................229, 264, 710, 909 2586 INDEX HB 260 --Public officials and employees; retirement; accumulated leave................................................................................230, 264 HB 261 --Burning leaves on personal property; restriction ....................................230, 264 HB 262 --Handicapped children; special education services...................................230, 264 HB 263 --Handicapped children; special education services; expenses.................................................................................................230, 264 HB 264 --Fireworks; regulate sale; permits .....................................................230, 264, 1034 HB 265 --Employment Security; supplemental appropriation; Department of Labor ...............................................230, 264, 660, 904, 1144 HB 266 --Employment Security; educational personnel; restrictions ...............................................................231, 264, 855, 1083, 1888 HB 267 --Injured in line of duty; certain persons; compensate.............................231, 264, 461, 646, 1144 HB 268 --Public emergency medical technicians; indemnification ........................231, 264 HB 269 --Agricultural Commodity Commission for Peanuts; membership ................................................................................231, 264, 1136 HB 270 --Certain state officials; salaries ..............................................231, 264, 1303, 1579, 1962, 1967, 2002, 2018, 2112, 2447 HB 271 --Agricultural Exposition Authority; create ...............................................231, 264, 265, 313, 865, 1672 HB 272 --Insurers; mail-order business; advertisement ......................232, 264, 1099, 1528 HB 273 --Family violence; court order violation; penalty ......................................232, 264, 711, 891, 1564 HB 274 --Public Safety, Department of; disseminating information......................................................232, 264, 710, 906, 2112, 2188 HB 275 --Fulton County Building Authority; indebtedness...........................!95, 235, 561 HB 276 --Motor vehicle insurance; reduce benefits; certain health plans .................................................................232, 264, 461, 589, 610 HB 277 --Historic areas; amend Department of Natural Resources provisions ....................................232, 235, 264, 1033, 1343, 1888 HB 278 --Carrollton, City of; councilmen; election .........................195, 235, 267, 267, 580 HB 279 --Branch banking; limited purpose bank; define........................................232, 264 HB 280 --Corporations; articles of incorporation; publication of merger................................................................233, 264, 1189 HB 281 --Local option; special county one percent sales tax ................................233, 264, 578, 630, 677, 1696, 1697 HB 282 --Nonfiscal retirement bills; introduction; amend provisions.............................................................233, 264, 266, 404, 866, 872 HB 283 --Offender Rehabilitation; diversion centers; placement restrictions.................................................................233, 264, 431 HB 284 --Schools; enrollment age ...............................................................................233, 264 HB 285 --Commercial fishermen; crab bait; sales tax exemption ..........................233, 264 HB 286 --Motor vehicles; prorated registration fee .........................................233, 264, 839 HB 287 --License plates; staggered registration........................................................234, 264 HB 288 --Victims of crime; depositions; minors .......................................................234, 264 HB 289 --Hearsay evidence; minors; sexual contact, physical abuse.......................................................................................234, 264 HB 290 --Paulding County; tax commissioner; compensation...............................256, 302, 419, 419, 670 HB 291 --Alcoholic beverages; prohibit certain conduct on premises where sold...............................................................256, 302, 311 HB 292 --Child abuse; admissible evidence ...............................................................256, 302 HB 293 --Teachers Retirement; falsifying records; penalty ..................................................................................256, 302, 710, 910 HB 294 --Teachers Retirement System Nominating Committee; meetings ..........................................................256, 302, 710, 911 HB 295 --Forsyth County; board of education; extend INDEX 2587 Constitutional Amendment.......................................256, 302, 419, 420, 934 HB 296 --Employees' Retirement; falsifying records; penalty ..................................................................................256, 302, 710, 912 HB 297 --Brooks County; commissioners; compensation........................................257, 302, 419, 420, 670 HB 298 --Brooks County; coroner; compensation............................257, 302, 419, 420, 670 HB 299 --Brooks County; coroner; repeal compensation provisions .....................................................................257, 302, 419, 420, 670 HB 300 --Trial Judges and Solicitors Retirement Fund; certain creditable service ....................................................................257, 302 HB 301 --School bus drivers; loading children; report vehicles passing .......................................................257, 302, 710, 1216, 1888 HB 302 --Employees' Retirement; certain military service; credit.........................257, 302 HB 303 --Abandonment; certain weapons; disposal........................................258, 302, 605, 678, 2002, 2083 HB 304 --Valdosta-Lowndes County Industrial Authority; extend Constitutional Amendment.......................................258, 302, 419, 420, 670 HB 305 --Central Valdosta Development Authority; extend Constitutional Amendment.......................................258, 302, 419, 421, 670 HB 306 --Wild animal business; license fees ..................................258, 302, 660, 845, 1144 HB 307 --Alias tax executions; issuance.....................................................................258, 302 HB 308 --County probation systems; merge with state; employee benefits.................................................................................258, 302 HB 309 --Corporations; assets; fair price for certain transactions................................................................259, 302, 418, 816, 2206 HB 310 --Abortion; certain minors or incompetent persons; notices ............................................................................259, 302, 431 HB 311 --Professional associations; annual reports; filing fee......................................................................259, 302, 418, 469, 1836 HB 312 --DeKalb County; sanitation districts; extend Constitutional Amendment .....................................259, 302, 419, 421, 1954 HB 313 --Mentally retarded persons; service; court order for examination.............................................259, 302, 856, 1058, 1958 HB 314 --Real estate brokers and salespersons; amend provisions ..................................................259, 302, 1359, 1513, 1889 HB 315 --Child custody; age of child to select parent.............................................259, 302 HB 316 --Commercial fishermen; crab bait; sales tax exemption .........................260, 302, 1035, 1127, 1730 HB 317 --Alcoholic beverages; retail sales; minors on premises.............................260, 302 HB 318 --Sheriffs' Retirement; benefits; fee in civil cases ......................................260, 302 HB 319 --Notaries public; amend provisions..................................260, 302, 418, 582, 1144 HB 320 --Heard County; commissioner; compensation ..................291, 416, 462, 462, 864 HB 321 --Heard County; tax commissioner; compensation....................................291, 416, 462, 462, 863 HB 322 --Heard County; probate judge; compensation ..................291, 416, 462, 462, 863 HB 323 --Heard County; sheriff; compensation...............................291, 416, 462, 462, 863 HB 324 --Heard County; superior court clerk; compensation................................291, 416, 462, 463, 863 HB 325 --Zoning procedures; Fulton and DeKalb Counties ..................................291, 416, 662, 725, 1198 HB 326 --Underwater salvage and archeology; certain items; state property .......................................................................................291, 416 HB 327 --Lyons, City of; mayor and council ..................................292, 416, 711, 712, 1104 HB 328 --County and independent school superintendents; qualifications.........................................................................................292, 416 HB 329 --Physical therapy; program of treatment...................................................292, 416 HB 330 --Hall County; state court; assistant solicitor ............................................292, 416, 2588 INDEX 462, 463, 1143, 1326 HB 331 --Employment Security; provide for appeals .............................................292, 416, 855, 1015, 1379 HB 332 --Employees' Retirement; provisions relating to spouse ...........................292, 416 HB 333 --Teachers Retirement; provisions relating to spouse ...............................293, 416 HB 334 --Public School Employees Retirement; provisions relating to spouse .................................................................................293, 417 HB 335 --Lookout Mountain Judicial Circuit; add judge .............................293, 417, 1367 HB 336 --Emission inspection; fees ..................................................................293, 417, 1190 HB 337 --State lottery; provide ...................................................................................293, 417 HB 338 --Teachers Retirement; beneficiaries; minimum allowance ......................293, 417 HB 339 --Vocational education; handicapped persons; certain state funds ...............................................................................293, 417 HB 340 --Tax collector or tax commissioner; ex officio sheriff; compensation..........................................................294, 417, 578, 684 HB 341 --Garnishment; tax collections........................................294, 417, 1035, 1107, 1836 HB 342 --Mitchell County-Pelham School Districts; sales tax; extend Constitutional Amendment...........................294, 417, 462, 463 HB 343 --Probate court judges; salaries............................................................294, 417, 856, 1087, 1562, 1921, 2067 HB 344 --Sheriffs; qualifications .................................................................................294, 417 HB 345 --Teachers Retirement; certain leave; creditable service...........................294, 417 HB 346 --Motor vehicle insurance; spouse's coverage; termination ......................................................261, 302, 661, 898, 2003, 2073 HB 347 --Hospital authorities; audit certain information report...........................261, 302 HB 348 --Retirement funds; South African institutions; investments ...........................................................................................261, 302 HB 349 --State funds; South African institutions; investments .............................261, 302 HB 350 --Schools; silent prayer or meditation; provide ..........................................261, 302 HB 351 --Income tax credit; computer or technical equipment; donation to school .....................................................................262, 302, 1463 HB 352 --Ad valorem tax assessment; existing use ..................................................262, 302 HB 353 --Insurance fraud; defmition..........................................................................262, 302 HB 354 --Public Service Commission; fee for operating costs................................262, 302 HB 355 --Superior court judges; retirement age .......................................................262, 302 HB 356 --Piedmont Judicial Circuit; add judge........................................................262, 302 HB 357 --Product liability insurance; reports; insurers provide.........................................................295, 417, 461, 686, 1144 HB 358 --Correctional Industries Administration; liability insurance.............................................................................295,417, 687, 1730 HB 359 --Driver's license; suspension for certain conviction; probation ...............................................................................................295, 417 HB 360 --Conditional driver's license; waive certain alcohol and drug abuse course requirements ................................................263, 302 HB 361 --Alcohol and drug safety course; minors; repeal certain provisions .................................................................................263, 302 HB 362 --State Patrol; clothing allowance........................................................263, 302, 710, 993, 1890, 1908, 2067 HB 363 --Estates; partition of property .....................................................................263, 302 HB 364 --Motor vehicle insurance; towing and storage charges; certain policies......................................................................................263, 302 HB 365 --Peace Officers' Annuity and Benefit Fund; benefits ..............................264, 302 HB 366 --Hospitalization for tuberculosis; hearings................................................264, 302, 710, 901, 1959 HB 367 --Income tax; joint returns; computation.....................................................264, 302 HB 368 --Landmark museum buildings; definition.......................295, 417, 855, 993, 1730 HB 369 --Day-care homes or centers; safety fire regulations.................................295, 417, INDEX 2589 710, 1080, 1731 HB 370 --Health spas; amend Fair Business Practices Act...........................295, 417, 578, 688, 1314, 1664 HB 371 --Business opportunities; purchaser's cancellation.........................................................................295, 417,689, 1315 HB 372 --Residential Finance Authority; credit unions .........................................296, 315, 417, 660, 831, 1077 HB 373 --Gifts to Minors Act; definition of financial institutions .................................................................296, 417, 660, 831, 1379 HB 374 --Credit unions; classes of shares.......................................296, 417, 660, 832, 1379 HB 375 --Commercial Code; definition of bank.............................296, 417, 660, 833, 1379 HB 376 --Highways; flat-bed carriers; length of trailer ...........................................296, 417 HB 377 --Child custody; parental agreement ............................................................296, 417 HB 378 --Lease-purchase installment contracts; regulate ......................................297, 417, 1462, 1613, 1959 HB 379 --Elections; incumbent; indicate on ballot..................................297, 417, 857, 943 HB 380 --Workers' Compensation; benefits; define next of kin.............................297, 417 HB 381 --Workers' Compensation; witness at hearing; prohibit discharge................................................................................297, 417 HB 382 --Conditional driver's license; suspension; limited permit........................297, 417 HB 383 --Child abuse; evidence; confidentiality.......................................................297, 417 HB 384 --Workers' Compensation; dependents; certain benefit limits.........................................................................................297, 417 HB 385 --Child abuse; prosecution; time limitation.................................................298, 417 HB 386 --Public School Employees Retirement; 40 years service .........................298, 417 HB 387 --Southern Regional Education Compact; admit Oklahoma............298, 417, 605 HB 388 --Professional Practices Commission; executive director and employees; Merit System...............................298, 417, 605, 1526, 1959 HB 389 --Litter control; poultry feathers...................................................................298, 417 HB 390 --Death penalty; eliminate.............................................................................298, 417 HB 391 --Teachers Retirement System; certain personnel elect membership .................................................................................299, 417 HB 392 --Berrien County; magistrate court; chief magistrate...............................299, 417, 462, 463, 863 HB 393 --Driving records; availability; Boards of Education ................................299, 417, 661, 836, 1731 HB 394 --Public officials; retirement; accumulated leave .......................................299, 417 HB 395 --Forsyth County; homestead exemption; elderly..................299, 417, 1035, 1080 HB 396 --General Assembly members; Legislative Retirement; creditable service..................................................................................299, 417 HB 397 --Superior Court Judges Retirement; provisions relating to spouse.................................................................................299, 417 HB 398 --Sheriffs' Retirement; benefits......................................300, 417, 1034, 1106, 1836 HB 399 --Fulton County; education districts .............................413, 460, 1035, 1036, 1312 HB 400 --Motor vehicles; prorated registration fee..................................................413, 460 HB 401 --License plates; staggered registration ........................................................413, 460 HB 402 --DeKalb County; street improvements; extend Constitutional Amendment.....................................413, 460, 578, 578, 1955 HB 403 --DeKalb County; medical examiner; extend Constitutional Amendment ................................................................413, 460 HB 404 --Tax payments; made payable to county..........................................413, 460, 662, 826, 1314, 1663 HB 405 --Teachers Retirement; certain former teachers; memberehip...........................................................................................300, 417 HB 406 --Health spas; bond.................................................................................414, 460, 710 HB 407 --Nuisances; health rule violation; certain counties..................................414, 460, 642, 1461, 1607, 1959 2590 INDEX HB 408 --Income tax; fraudulent returns; penalty ..............................414, 460, 1035, 1347 HB 409 --Income tax; assessment; time limitation..................................................414, 460, 1035, 1619, 1959 HB 410 --Municipal annexation; additional method................................................414, 460 HB 411 --Employment Security; amend provisions ......................414, 460, 855, 936, 1198 HB 412 --Employment Security; wages; accident or sickness disability.....................................................................415, 460, 855, 938, 1199 HB 413 --DeKalb County; alcoholic beverage tax; extend Constitutional Amendment .....................................415, 460, 605, 816, 1316 HB 414 --Alcoholic beverage; consumption while driving.............................415, 460, 1305 HB 415 --Augusta Employees' Retirement; part-time employees..........................300, 417 HB 416 --Teachers Retirement; reinstate membership .................................300, 417, 1034 HB 417 --Employees' Retirement; county tax officials and employees .........................................................................300, 417, 1306, 1611 HB 418 --Administrative Services, Department of; Fiscal Division director; appointment..........................................................301, 417 HB 419 --Glynn County-Brunswick; charter commission; extend Constitutional Amendment .....................................415, 460, 578, 579, 1008 HB 420 --Brunswick-Glynn County Charter Commission; extension.....................................................................415, 460, 606, 607, 1076 HB 421 --Glynn County; superior court clerk; personnel.......................................415, 460, 578, 579, 1076 HB 422 --Employees' Retirement; county probation system; options...................301, 417 HB 423 --Teachers Retirement; contributions by local units .................................301, 417 HB 424 --Child custody; shared parental responsibility..........................................416, 460 HB 425 --Municipal Employees Retirement; part-time employees.......................301, 417, 606, 889, 2462 HB 426 --Public Retirement; membership; certain prohibitions............................301, 417 HB 427 --Educational personnel; sick leave; personal reasons ...............................449, 577 HB 428 --Alimony; revise provisions...........................................................................449, 577 HB 429 --Dispossessory proceedings; landlord store personal property.................................................................................450, 577 HB 430 --Counties and municipalities; redevelopment powers .............................450, 577, 662, 897, 1889 HB 431 --Motor fuel tax; nonhighway use exemption ..................................450, 577, 1035, 1125, 1729, 1805 HB 432 --Thomaston Office Building Authority; extend Constitutional Amendment .....................................450, 577, 606, 607, 1008 HB 433 --Thomaston-Upson County Industrial Development Authority; extend Constitutional Amendment................................................................450, 577, 606, 607, 1008 HB 434 --Thomaston, City of; water, sewerage, and electrical systems; revenue bonds; extend Constitutional Amendment .....................................450, 577, 606, 608, 1008 HB 435 --Workers' Compensation; employees select physician..............................450, 577 HB 436 --Administrative Services, Department of; space rental...........................451, 577, 857, 1081, 1889 HB 437 --Industrial Loan Act; certain colleges and universities; exemption..................................451, 577, 604, 819, 1199, 1319 HB 438 --Retail Installment and Home Solicitation Sales Act; certain colleges and universities; exemption ........................................................451, 577, 604, 819, 1199, 1320 HB 439 --Unopposed candidates; omit names from ballot......................................451, 577 HB 440 --Candidates; time for posting lists ....................................................451, 577, 1190 HB 441 --Nonpartisan primary; separate ballot........................................................451, 577 HB 442 --Elections; primary date................................................................................452, 577 HB 443 --Jefferson County; tax commissioner; salary ............................................452, 577, INDEX 2591 606, 608, 1008 HB 444 --Child custody; home investigations; contested cases ..............................452, 577 HB 445 --Child custody; interviews with child .........................................................452, 577 HB 446 --Living wills; distribution..............................................................................452, 577 HB 447 --Pecan harvesting equipment; sales tax exemption .................................452, 577, 1035, 1083, 1731 HB 448 --Deceptive practices; federal odometer regulations .................................452, 577, 604, 690, 1144 HB 449 --Gasoline marketing practices; retail sales.................................................453, 577 HB 450 --Coal pipeline companies; eminent domain ...............................................453, 577 HB 451 --Helen, City of; new charter................................................453, 577, 606, 608, 934 HB 452 --Motor Vehicle Sales Finance; charges..............................................453, 577, 660, 886, 1380, 1493, 1838 HB 453 --Commissioner; certain counties; minimum salary .................................................................................453, 577, 1001, 2436 HB 454 --Health insurance providers; requirements................................................453, 577 HB 455 --Motor vehicles; flashing or revolving red lights ............................453, 577, 1000 HB 456 --Health insurance; jurisdiction ...........................................................454, 577, 856, 1088, 1644, 1677, 1838 HB 457 --Zoning procedures; Fulton County ............................................................454, 577 HB 458 --Shoplifting; municipal courts; jurisdiction .......................................454, 577, 605 HB 459 --Theft by shoplifting; municipal courts .............................................454, 577, 605 HB 460 --State Patrol Disciplinary Board; provisions.............................................454, 577 HB 461 --Personal care homes; personnel record checks .......................................416, 460, 710, 1349, 1836 HB 462 --Children and youth; certain care homes; record checks........................416, 460, 710, 1022, 1731 HB 463 --Excise tax; distilled spirits and alcohol...................................416, 460, 605, 892, 935, 1963, 1971, 1979, 2019, 2100, 2389, 2464 HB 464 --Peace Officer Standards and Training Council; powers........................454, 577, 662, 1537, 2206 HB 465 --Emission standards; violations; municipal courts...................................455, 577, 856, 946, 1959 HB 466 --Law enforcement; marking on motor vehicles...............................455, 577, 1034 HB 467 --DeKalb County; state court; add judge..........................455, 577, 606, 608, 1140 HB 468 --DeKalb County; civil service and merit system; extend Constitutional Amendment .....................................455, 577, 606, 609, 1955 HB 469 --Fulton County; state court; cost and service fees.............................................................455, 577, 1035, 1036, 1312 HB 470 --State government; legal proceedings and hearings; certain fees............................................................................................455, 577 HB 471 --Railroad excursions; operate between certain places.............................455, 577, 856, 992, 1564 HB 472 --Sumner, Town of; council posts; election ......................456, 577, 606, 609, 1009 HB 473 --Fulton County; indigent defense ................................................................456, 577 HB 474 --Municipal courts; alternative punishment.......................................456, 577, 605, 691, 1962, 1970 HB 475 --Supplemental appropriations; FY 1984-85...............................456, 577, 926, 967 HB 476 --State Board of Massage; establish...................................................456, 577, 1106 HB 477 --Occupation tax; counties; certain levy ............................................456, 577, 1307 HB 478 --Local Government Services Equity Act; enact .......................................456, 577, 662, 884, 935, 1019 HB 479 --Biomass; sales tax exemption .....................................................................457, 577 HB 480 --Highways; trapping; certain prohibitions..................................................457, 577 HB 481 --Insurance companies and agents; contracts..............................................457, 577 HB 482 --Berrien County Airport Authority; establish ..........................................457, 577, 606, 609, 934 2592 INDEX HB 483 --Health care facilities; reports to Health Planning Agency ...........................................457, 577, 855, 1122, 2317, 2363 HB 484 --Health Planning Agency, rules and notices; indigent pregnant women, cost of care ...................................457, 577, 855, 969, 1007, 1053, 2238, 2364 HB 485 --State government; unemployment compensation claims; payment ......................................................457, 577, 855, 1350, 2065 HB 486 --Waycross Judicial Circuit; superior court judges; compensation.............................................................458, 577, 605, 815, 2065 HB 487 --Indigent pregnant women; cost of health care ....................458, 577, 1304, 1501 HB 488 --Alcoholic beverages; license violations; contraband ...............................458, 577, 605, 913, 1316 HB 489 --Alcoholic beverage; consumption while driving.......................................458, 577 HB 490 --Correctional Industries Authority; create.................................................458, 577 HB 491 --State merit system; operational audits ........................458, 577, 857, 1119, 1889 HB 492 --Public officials; employment and financial disclosure form; file .............................................................................458, 577 HB 493 --Guardian and ward; estate plan; minimize taxes ....................................459, 577 HB 494 --Used car dealers; qualifications; certain exemptions.............................459, 577, 661, 827, 2065 HB 495 --Nongame wildlife programs; establishment.............................................459, 577, 856, 1015, 1379 HB 496 --Driving under the influence; accidents; serious injuries; penalty....................................................................................567, 603 HB 497 --Atlanta-Fulton County Recreation Authority; provisions......................567, 603 HB 498 --Legislative Counsel; social security payments............................. i...........568, 603, 954, 1049, 1836 HB 499 --Child custody; court jurisdiction ................................................................568, 603 HB 500 --Interference with custody; penalty ............................................................568, 604 HB 501 --Municipalities; water or sewage systems; rates, fees, tolls, or charges for services..................................568, 604, 662, 1526, 1959 HB 502 --Residential Finance Authority; bonds and notes; certain limits ...................................................568, 604, 662, 834, 1146, 1321 HB 503 --Randolph County; commissioner; compensation ....................................568, 604, 662, 663, 1009 HB 504 --Ila, City of; mayor; term...................................................568, 604, 662, 663, 1009 HB 505 --Peace Officers' Annuity and Benefit Fund; certain Public Service Commission employees; membership.....................568, 604 HB 506 --Handicapped persons; public facilities; access........................................569, 604, 855, 1024, 2025, 2081 HB 507 --Motor carriers; transport hazardous materials; regulations................................................................569, 604, 855, 1449, 1889 HB 508 --Cairo Development Authority; extend Constitutional Amendment................................................................569, 604, 662, 663, 1009 HB 509 --Ad valorem tax; homestead exemption; certain disabled veterans..................................................................................569, 604 HB 510 --Columbus-Muscogee County; school district; extend Constitutional Amendment................................................569, 604, 662, 663 HB 511 --Muscogee County; school superintendent; contract maximum....................................................569, 604, 662, 664, 1468 HB 512 --Muscogee County; education districts; extend Constitutional Amendment .....................................569, 604, 662, 664, 1468 HB 513 --Muscogee County; health department; extend Constitutional Amendment................................................570, 604, 662, 664 HB 514 --Columbus Airport Commission; extend Constitutional Amendment..........................................................................570, 604, 662, 664 HB 515 --Columbus Building Authority; extend Constitutional INDEX 2593 Amendment..........................................................................570, 604, 662, 665 HB 516 --Columbus-Muscogee County Port Development Commission; extend Constitutional Amendment ..................................570, 604, 662, 665 HB 517 --Muscogee County Industrial Development Authority; extend Constitutional Amendment ..................................570, 604, 662, 665 HB 518 --Columbus-Muscogee County; consolidation; extend Constitutional Amendment................................................570, 604, 662, 665 HB 519 --Columbus, City of; amend charter..................................571, 604, 662, 666, 1468 HB 520 --Columbus, City of; certain bonds; extend Constitutional Amendment................................................571, 604, 662, 666 HB 521 --Muscogee County; certain funds; extend Constitutional Amendment................................................571, 604, 663, 666 HB 522 --Muscogee County; revenue bonds; extend Constitutional Amendment................................................571, 604, 711, 712 HB 523 --Muscogee County; school district; tax exemption; extend Constitutional Amendment ..................................571, 604, 663, 666 HB 524 --Muscogee County; certain tax exemption; extend Constitutional Amendment................................................571, 604, 711, 713 HB 525 --Muscogee County; homestead exemptions; extend Constitutional Amendment................................................572, 604, 663, 667 HB 526 --Muscogee County; ad valorem tax; extend Constitutional Amendment................................................572, 604, 663, 667 HB 527 --Muscogee County; ad valorem tax; extend Constitutional Amendment................................................572, 604, 663, 667 HB 528 --Muscogee County; certain tax exemption; extend Constitutional Amendment................................................572, 604, 663, 667 HB 529 --Columbus, City of; Charter Review Commission; extend Constitutional Amendment................................................572, 604, 663, 668 HB 530 --Columbus, City of; municipal court................................572, 604, 663, 668, 1468 HB 531 --Upson County; homestead exemption; disabled persons........................573, 604 HB 532 --Butts County; magistrate court; chief magistrate ..................................597, 659, 711, 714, 1104 HB 533 --Bartow County; certain officials; compensation .....................................597, 659, 927, 927, 1312 HB 534 --Motor vehicles; tire covers; requirement ........................................598, 659, 1360 HB 535 --Bartow County; commissioner; compensation.........................................598, 659, 927, 928, 2054 HB 536 --Bartow County; tax commissioner; compensation..................................598, 659, 927, 928, 1885 HB 537 --Bartow County; chief magistrate; compensation ....................................598, 659, 927 928 1313 HB 538 --White, City of; aldermen ..................................................598, 659, 71l[ 1U, 1378 HB 539 --First offenders; Crime Information Center; modify records ..........................................................598, 659, 1305, 1532, 2374, 2397 HB 540 --Juvenile courts; traffic offenses; jurisdiction............................................598, 659 HB 541 --Murray County Industrial Development Authority; extend Constitutional Amendment........................598, 659, 711, 714, 1104 HB 542 --Municipal courts; law libraries; fee ..................................................599, 659, 953, 1012, 1729, 1798, 1892 HB 543 --Medical assistance; fraud .............................................599, 659, 1019, 1056, 1889 HB 544 --Lowndes County; commissioners; compensation ....................................599, 659, 711, 714, 1009 HB 545 --Drivers' license suspension; foreign judgments........................................599, 659 HB 546 --Counties; burial of paupers..............................................599, 659, 856, 993, 2462 HB 547 --Dawson County; license fees; unincorporated area .................................599, 659 HB 548 --Lowndes County; tax assessors; extend Constitutional Amendment.....................................599, 659, 711, 714, 1009 2594 INDEX HB 549 --Transportation, Department of; contracts; one bid ................................600, 659 HB 550 --Mitchell County Development Authority; extend Constitutional Amendment .....................................600, 659, 711, 715, 1104 HB 551 --Lowndes County; board of education; extend Constitutional Amendment .....................................600, 659, 711, 715, 1009 HB 552 --Teachers Retirement; creditable service; certain private schools......................................................................................600, 660 HB 553 --Macon-Bibb County Industrial Authority; add member.......................573, 604, 663, 668, 1140 HB 554 --Troup County; commissioner districts...........................600, 660, 711, 715, 1105 HB 555 --Trucks or tractors; display name; certain exceptions .............................600, 660 HB 556 --Indigent Health Care Provider Reimbursement Fund; provide .......................................................................................600, 660 HB 557 --Oakwood, City of; corporate limits .................................601, 660, 711, 715, 1044 HB 558 --Alcoholic beverages; sale to underage persons; notification.................................................................573, 604, 857, 939, 1316 HB 559 --Polk County; tax commissioner; compensation.......................................601, 660, 711, 716, 1143, 1342 HB 560 --Certain insurers; service of process; fees..................................................601, 660, 856, 943, 1731 HB 561 --Indigent pregnant women; cost of care; county of residence ...........................................................................................601, 660 HB 562 --Athens-Clarke County Industrial Development Authority; extend Constitutional Amendment........................601, 660, 711, 716, 1045 HB 563 --Cherokee and Forsyth Counties; state court; terms...............................601, 660, 711, 716, 1045 HB 564 --Excise tax; table wines .........................................574, 604, 953, 1535, 1540, 1960 HB 565 --Georgia State Guard; change name to State Defense Force ....................................................................574, 604, 953, 1355 HB 566 --Farm wineries; yearly production; regulations ........................................574, 604, 953, 1017, 1836 HB 567 --Farm wineries; sales regulations....................................574, 604, 953, 1016, 1836 HB 568 --Education; school security personnel; powers................................574, 604, 1137 HB 569 --County boards of education; chairman's term...............................574, 604, 1551 HB 570 --DeKalb County; medical examiner; extend Constitutional Amendment .....................................575, 604, 663, 668, 1955 HB 571 --Uniform Rules of the Road; amend provisions........................................575, 604 HB 572 --Weapons; exemptions; certain public officials.................................575, 604, 953 HB 573 --Long-term care facilities; covered entranceway.......................................575, 604 HB 574 --Income tax; certain retirement income; exemption.................................575, 604 HB 575 --Campaign funds; prohibit personal use.....................................................575, 604 HB 576 --Newton County; commissioners; compensation ......................................602, 660, 711, 716, 1105 HB 577 --Pine Hill Water and Sewerage Authority; repeal Act creating .......................................................................602, 660, 711, 716, 1728 HB 578 --Richmond County; certain license fees; extend Constitutional Amendment.....................................602, 660, 711, 717, 2460 HB 579 --Richmond County Hospital Authority; membership .............................602, 660, 1551, 1553, 1978, 2039 HB 580 --Meriwether County; board of education; reconstitute...........................602, 660, 711, 717, 1105 HB 581 --Meriwether County; commissioners; election..........................................602, 660, 711, 717, 1105 HB 582 --Decatur, City of; homestead exemption; elderly.....................................602, 660, 711, 718, 1955 HB 583 --Alcoholic beverages; Sunday sales; certain municipalities.......................................602, 660, 857, 994, 2100, 2107, 2198, INDEX 2595 2236, 2317, 2402, 2402, 2403, 2418, 2446, 2450, 2450, 2465 HB 584 --State Board of Education; attendance at meetings; continuances or postponements..........................575, 604, 1551, 1612, 1960 HB 585 --Compensation of certain state officials; amend ......................576, 604, 710, 994 HB 586 --Handicapped children; standard of care...................................................576, 604 HB 587 --Georgia Building Authority; definition of project ..................................576, 604, 660, 727, 1078 HB 588 --Albany Dougherty Payroll Development Authority; extend Constitutional Amendment.....................................603, 660, 711, 718, 1105 HB 589 --Glynn County; commissioners; compensation .........................................603, 660, 711, 718, 1313 HB 590 --Motor carriers; sales tax exemptions; certain items...............................576, 604, 1307, 1491, 1960 HB 591 --Highways; flat-bed carriers; length of trailer ...........................................603, 660 HB 592 --Dublin Judicial Circuit; salary supplements ...................................603, 660, 856, 942, 1380, 1495, 1847, 2076 HB 593 --Crisp County; certain revenue bonds; extend Constitutional Amendment .....................................649, 708, 858, 858, 1076 HB 594 --Crisp County; hydro-electric bonds; extend Constitutional Amendment .....................................649, 708, 858, 858, 1076 HB 595 --Tax returns; appeal notices; form ..............................................................649, 708 HB 596 --Troup County; certain officers; compensation ........................................649, 708, 858, 858, 1140 HB 597 --Troup County; coroner; compensation...........................649, 708, 858, 859, 1140 HB 598 --Troup County; commissioners; compensation.........................................649, 708, 858, 859, 1140 HB 599 --Troup County; chief magistrate; compensation......................................649, 708, 858, 859, 1140 HB 600 --Troup County; state court judge and solicitor; compensation.............................................................650, 708, 858, 859, 1140 HB 601 --Motor vehicle accidents; damages; financial responsibility ...........................................................650, 708, 856, 1351, 2066 HB 602 --Criminal procedure; appearance bonds; forfeiture .................................650, 708, 856, 1051, 1731 HB 603 --Tattnall County; state court judge; compensation .................................650, 708, 858, 859, 1140 HB 604 --Tattnall County; commissioners; provide ................................................650, 708, 1064, 1065, 1643 HB 605 --Quitman, City of; board of commissioners ....................650, 708, 858, 859, 1045 HB 606 --Jones County; board of education; chairman..........................................650, 708, 858, 860, 1140 HB 607 --Newton County Industrial Development Authority; population classification ......................................650, 708, 1063, 1110, 2066 HB 608 --Newton County; board of education; compensation ..............................651, 708, 858, 860, 1378 HB 609 --White County; tax commissioner; compensation............................651, 708, 858, 860, 1732, 1812 HB 610 --Motor carriers; exclusion; mobile homes or manufactured housing .........................................................................651, 708 HB 611 --Morgan County; board of education; members.......................................651, 708, 858, 860, 1141 HB 612 --Employees' Retirement; transfer juvenile detention service ..................................................................................651, 708 HB 613 --Collins, City of; mayor; term ..............................................................651, 708, 858 HB 614 --Family violence shelters; employees assist petitioners ....................................................651, 708, 1064, 1355, 2374, 2391 HB 615 --Breast cancer treatment; distribution of information............................652, 708, 2596 INDEX 1034, 1490, 2113, 2179, 2198, 2213, 2374, 2417 HB 616 --Cherokee County; license fees; unincorporated area..............................652, 708, 858, 861, 1141 HB 617 --State Properties Commission; power; amend provisions.......................652, 708, 857, 972, 1153, 1318 HB 618 --Zoning prohibitions; county officials; property interest....................................................................652, 708, 1001, 1107, 1148 HB 619 --Vintage license plates; historical vehicles.................................................652, 708 HB 620 --Juvenile courts; access to records; certain school officials ......................................................................................652, 708 HB 621 --Ashburn, City of; industrial development tax; extend Constitutional Amendment ........................652, 708, 858, 861, 1076 HB 622 --Medical student loans or scholarships; amount......................................653, 708, 1065, 1120, 1644 HB 623 --Cobb County; board of elections; create..........................................653, 708, 927, 928, 1834, 1873 HB 624 --Income tax; filing; withholding certificate ...............................................653, 708, 1307, 1489, 1960 HB 625 --Compensation of county officials; effective date ....................................653, 708, 1303, 1531, 2002, 2073 HB 626 --Chatham County; recorder's court; extend Constitutional Amendment .....................................653, 708, 858, 861, 2054 HB 627 --Chatham County; recorder's court; extend Constitutional Amendment .....................................653, 708, 858, 861, 2054 HB 628 --Carrollton, City of; board of education; election....................................654, 708, 858, 862, 1141 HB 629 --Criminal Justice Coordinating Council; superior court judge; add ....................................................654, 708, 1551, 1617, 1960 HB 630 --Civil practice; voluntary dismissal........................................654, 708, 1063, 1121, 2101, 2109, 2198, 2211, 2463 HB 631 --Civil practice; consolidation of actions......................................................654, 708 HB 632 --Airports; municipal territory; ad valorem tax.........................................654, 708, 1462, 1608, 1960 HB 633 --Mechanics' and materialmen's liens; real estate appraisals................................................................654, 708, 1305, 1498, 1565 HB 634 --Atlanta, City of; park improvement levy .................................................655, 708, 1036, 1036, 1313 HB 635 --Cherokee Judicial Circuit; judges; salary supplement ...........................655, 708, 711, 914, 1729, 1804 HB 636 --Fairmount, City of; council members; terms...........................................655, 708, 858, 862, 1141 HB 637 --Cherokee Judicial Circuit; district attorney; investigator ...........................................................................655, 708, 711, 915 HB 638 --Fire department; definition ..............................................................655, 708, 1034 HB 639 --EMC; satellite television systems ..........................................655, 708, 1367, 1592 HB 640 --Urban Residential Finance Authorities; amend provisions...........................655, 708, 1035, 1037, 2054 HB 641 --Hospital authorities; two local governments; membership ....................656, 708 HB 642 --Counties and municipalities; urban enterprise zones; provide...............................................................................656, 708, 944 HB 643 --Athletic trainer; licensing .............................................656, 708, 1001, 1445, 1889 HB 644 --Underground storage tanks; registration...................................................656, 708 HB 645 --Kidney Disease Advisory Committee; membership ...............................656, 708, 1034, 1091, 1837 HB 646 --Glynn County; coroner; compensation ...........................656, 708, 858, 862, 1313 HB 647 --Fulton County; magistrate court; jurisdiction ................................656, 708, 953, 1179, 1979, 2041, 2207 INDEX 2597 HB 648 --Credit unions; secure funds.........................................................................657, 708 HB 649 --Occupation tax; counties and municipalities; financial institutions .......................................................657, 708, 1307, 1475 HB 650 --Livestock; transporting into state; prohibitions......................................657, 708, 1136, 1487, 2003, 2080 HB 651 --Magistrates; practice in own court; restrictions......................................657, 708, 856, 1026, 2374, 2397, 2420, 2421 HB 652 --Magistrates; full-time or part-time; number, selection, and term ..............................................................................657, 708 HB 653 --Magistrate Courts Training Council Act; certain exemption ......................................................657, 708, 856, 1057, 2318, 2395 HB 654 --McDuffie County; tax commissioner; compensation..............................702, 854, 927, 929, 1141 HB 655 --Motor carriers; appeals; heard by Public Service Commission............................................................702, 854, 1137, 1356, 1960 HB 656 --Rockdale County; tax commissioner; compensation ..............................702, 854, 927, 929, 1141 HB 657 --Rockdale County; commissioners; compensation....................................702, 854, 927, 929, 1141 HB 658 --Mental health; cost of care; liability...........................702, 854, 1034, 1090, 2461 HB 659 --Death certificates; filing; voter registration officer ......................................................................702, 854, 1001, 1610, 2209 HB 660 --Rockdale County; chief magistrate; compensation.................................703, 854, 927, 929, 1141 HB 661 --Rockdale County; probate judge; compensation.....................................703, 854, 927, 929, 1141 HB 662 --Rockdale County; sheriff; compensation..................................................703, 854, 927, 930, 1141 HB 663 --Rockdale County; superior court clerk; compensation ..........................703, 854, 927, 930, 1141 HB 664 --Rockdale County; coroner; compensation......................703, 854, 927, 930, 1142 HB 665 --Motor vehicle insurance; self-insurers; qualifications ............................703, 854, 1189, 1590, 2462 HB 666 --Employees Retirement; Supreme Court Justices and Court of Appeals Judges; optional benefits.....................................703, 854 HB 667 --Stone Mountain, City of; city manager..........................703, 854, 927, 930, 1955 HB 668 --Criminal procedure; delete certain citizens posse provisions....................................................................................704, 854 HB 669 --Criminal procedure; arrest; probable cause hearing................................658, 709 HB 670 --Athens-Clarke County; school system; extend Constitutional Amendment .................................658, 709, 1001, 1576, 1955 HB 671 --Stephens County; state court; continue .........................704, 854, 927, 930, 1105 HB 672 --Walker County Development Authority; extend Constitutional Amendment .....................................704, 854, 927, 931, 1142 HB 673 --Newnan-Coweta County; school system; extend Constitutional Amendment .....................................704, 854, 927, 931, 1142 HB 674 --Coweta County Development Authority; extend Constitutional Amendment .....................................704, 854, 927, 931, 1142 HB 675 --Coweta County; water, sanitation, sewerage and fire protection districts; extend Constitutional Amendment................................................................704, 854, 927, 931, 1142 HB 676 --Coweta County; certain ad valorem tax exemption; extend Constitutional Amendment ........................704, 854, 927, 932, 1142 HB 677 --Coweta County; board of education; certain leases, contracts, and agreements; extend Constitutional Amendment................................................................705, 854, 927, 932, 1142 HB 678 --Baconton, City of; composition of 2598 INDEX governing authority...................................................705, 854, 954, 955, 1142 HB 679 --Barbershops; employ certain persons; licensing......................................705, 854, 1034, 1352, 1890, 1909 HB 680 --Douglasville-Douglas County Water and Sewer Authority; create...........................................................................705, 854, 927, 932, 1142 HB 681 --Labor, Department of; exclude certain positions from classified service ....................................................705, 854, 1001, 1352, 1837 HB 682 --Schley County Airport Authority; create.......................705, 854, 927, 932, 1076 HB 683 --Abortion; disposal of fetus ...........................................658, 709, 1063, 1448, 1961 HB 684 --House of Representatives; reapportion certain district8.....................................................................659, 709, 856, 1083, 1731 HB 685 --Handicapped persons; access to public facilities; certain exemptions...............................................................................659, 709 HB 686 --Penal institutions; use of inmates; certain prohibitions............................................................659, 709, 1368, 1570, 2462 HB 687 --Income tax; teachers; credit for certain expenses....................................659, 709 HB 688 --Pharmacists; continuing education ............................................................659, 709 HB 689 --County boards of health; membership, appointment .............................705, 854 HB 690 --Motor vehicles; child restraint; exceptions...............................................706, 854 HB 691 --Kingsland, City of; city manager; create office.......................................706, 854, 927, 932, 1143 HB 692 --Highways; flat-bed carriers; length of trailer ..........................................706, 854, 955, 1090, 1889 HB 693 --Emergency Management Division; Department of Defense; executive director ..............................................................847, 925, 953, 1181 HB 694 --Corporations; income tax credit; library rental........................................847, 925 HB 695 --Insurers insolvency pool; amend provisions..................................848, 925, 1012, 1189, 1488, 2238, 2361 HB 696 --Health insurance; contracts ..............................................................848, 925, 1367 HB 697 --Chatsworth, City of; mayor and aldermen; election...............................848, 926, 954, 956, 1195 HB 698 --Winterville, City of; mayor and council; election ...................................848, 926, 954, 956, 1143 HB 699 --Child custody; shared parental responsibility..........................................848, 926 HB 700 --Trains; municipalities; speed limits...........................................................848, 926 HB 701 --Decatur County-Bainbridge Industrial Development Authority; extend Constitutional Amendment................................................................848, 926, 954, 956, 1195 HB 702 --Downtown Bainbridge Development Authority; extend Constitutional Amendment .....................................849, 926, 954, 956, 1195 HB 703 --State Properties Commission; power..........................849, 926, 1064, 1573, 2066 HB 704 --State property conveyance; General Assembly resolution................................................................849, 926, 1064, 1574, 2066 HB 705 --Transportation, Department of; contracts; one bid ...............................706, 854, 1034, 1108, 1905, 2196, 2212, 2312, 2316, 2375 HB 706 --Driving under the influence; penalty provisions......................................707, 854 HB 707 --Dawson County; license fees; unincorporated area ................................707, 854, 927, 933, 1105 HB 708 --Sexual offenses; victim of rape; spouse.............,.......................................707, 854 HB 709 --Proprietary schools; amend provisions.............................................707, 855, 973, 1307, 1446, 1961 HB 710 --Criminal trespass; damage to property ......................707, 855, 1019, 1578, 2462 HB 711 --Superior court clerks; minimum salaries..................................................707, 855, 1367, 1605, 2206 HB 712 --Commercial Code; financing statement; maturity date.........................708, 855, 1063, 1179, 1963, 1974 HB 713 --Fulton County; conflicts of interest; zoning changes..............................708, 855 INDEX 2599 HB 714 --Warner Robins, City of; municipal court; penalties................................708, 855 HB 715 --Zoning Procedures Law for Metropolitan Counties; provide.................849, 926 HB 716 --Birth or death registration; fees paid by county treasurer ......................................................................................849, 926, 1034 HB 717 --Campaigns; persons receiving certain compensation; prohibit activities.................................................................................849, 926 HB 718 --Income tax; motor carrier operating authorities......................................850, 926 HB 719 --Putnam County; board of education; extend Constitutional Amendment .....................................850, 926, 954, 957, 1196 HB 720 --Putnam County Development Authority; extend Constitutional Amendment .....................................850, 926, 954, 957, 1196 HB 721 --Eatonton, City of; corporate limits.................................850, 926, 954, 957, 1196 HB 722 --Sugar Hill, City of; corporate limits ...........................850, 926, 1001, 1002, 1313 HB 723 --Utilities; temporary rate increase appeals; bonds...................................850, 926, 1063, 1153, 1838, 1849 HB 724 --Interstate banking; include Arkansas ...................................851, 926, 1550, 2401 HB 725 --Postsecondary Educational Authorization Act; fine arts colleges; exemption..............................................................851, 926, 949 HB 726 --Henry County Development Authority; members..................................851, 926, 954, 960, 1087 HB 727 --Lanier County; board of commissioners.........................851, 926, 954, 957, 1196 HB 728 --Vidalia Development Authority; extend Constitutional Amendment................................................................851, 926, 954, 957, 1468 HB 729 --Montgomery County; superior court clerk; compensation ....................852, 926, 954, 958, 1196 HB 730 --Toombs County Development Authority; extend Constitutional Amendment .....................................852, 926, 954, 958, 1196 HB 731 --Montgomery County Development Authority; extend Constitutional Amendment .....................................852, 926, 954, 958, 1560 HB 732 --Proprietary schools; certain institutions; incentive grants ....................................................................................852, 926 HB 733 --Lanier County; board of education.............................852, 926, 1001, 1003, 1728 HB 734 --Macon-Bibb County; consolidated government; provide ..............................................................................852, 926, 1710, 1711 HB 735 --Wills; probate court; jurisdiction ....................................................852, 926, 1306, 1599, 2192, 2218 HB 736 --MARTA; labor relations officer; appoint..................................................853, 926 HB 737 --Chatham County; state court cost deposits; repeal................................853, 926, 1019, 1147, 1890 HB 738 --Improvements to certain residential structures; recovery for deficiency ........................................................................853, 926 HB 739 --Clinch County; commission chairman; compensation limits..................................................853, 926, 954, 958, 1196 HB 740 --Clinch County; commissioners; salary limits...........................................853, 926, 954, 959, 1196 HB 741 --Clinch County; education districts; reapportion.....................................853, 926, 954, 959, 1196 HB 742 --Clinch County; board of commissioners; reapportion............................853, 926, 954, 959, 1196 HB 743 --Clinch County; tax commissioner; salary limits......................................853, 926, 954, 959, 1196 HB 744 --Clinch County; state court judge and solicitor; salary limits ...............................................................854, 926, 954, 959, 1197 HB 745 --Pierce County; state court judge and solicitor; compensation .............................................................854, 926, 954, 960, 1197 HB 746 --Waycross Judicial Circuit; superior court; term ......................................854, 926 HB 747 --Certain insurance premium rates; time for filing...................................921, 952, 2600 INDEX 1099, 1165, 2317, 2360 HB 748 --Criminal procedure; bond; conditional release from liability .........................................................................................921, 952 HB 749 --Elbert County; state court; amend provisions ........................................921, 952, 1001, 1003, 1313 HB 750 --Stewart County; sheriff; compensation ......................921, 952, 1001, 1003, 1313 HB 751 --Stewart County; superior court clerk and probate judge; compensation .............................................921, 952, 1001, 1003, 1313 HB 752 --Stewart County; tax commissioner; compensation .................................921, 952, 1001. 1003, 1313 HB 753 --Sales tax; certain farmers; exemption .......................................................921, 952 HB 754 --Public Service Commission; ex parte communications; certain prohibitions .............................................................................922, 952 HB 755 --Griffin, City of; commission districts .........................922, 952, 1064, 1070, 1468 HB 756 --Treutlen County Development Authority; extend Constitutional Amendment .................................922, 952, 1002, 1004, 1468 HB 757 --Sexual offenses; admissible evidence; minors ................................922, 952, 1023 HB 758 --Walton County; commission chairman; compensation ..........................922, 952, 1002. 1004, 1313 HB 759 --Walton County; commissioners; compensation.......................................922, 952, 1002, 1004, 1314 HB 760 --Carrollton Payroll Development Authority; extend Constitutional Amendment .................................923, 952, 1002, 1004, 1378 HB 761 --Fulton and DeKalb Counties; tax collectors and commissioners; ex-officio sheriffs; population classification ......................................923, 952, 1063, 1217, 1890 HB 762 --Tift County; board of elections and registration; create......................................923, 952, 1064, 1073, 1834, 1892 HB 763 --Income tax; certain retirement income; exemption.................................923, 952 HB 764 --Subsequent Injury Trust Fund; certain self-insurers; reimbursement eligibility .....................................923, 952, 1305, 1599, 1961 HB 765 --Income tax credit; child care, household, and dependent care expenses.....................................................................923, 952 HB 766 --Henry County; excise tax; racetracks and activities; unincorporated area ........................................................924, 952, 1002, 1004 HB 767 --Henry County Development Authority; extend Constitutional Amendment .................................924, 952, 1002, 1005, 1561 HB 768 --Henry County; board of education; provisions; extend Constitutional Amendment .................................924, 952, 1002, 1005, 1561 HB 769 --Henry County Water and Sewerage Authority; members holding other public offices .................................924, 952, 1002, 1005, 1561 HB 770 --Henry County; water and sewerage bonds; extend Constitutional Amendment .................................924, 952, 1002, 1005, 1561 HB 771 --Henry County; ad valorem tax; freeport exemption; extend Constitutional Amendment....................924, 952, 1002, 1006, 1561 HB 772 --Henry County; ad valorem tax; water and sewerage; extend Constitutional Amendment ....................924, 952, 1002, 1006, 1561 HB 773 --Henry County; probate judge; nonpartisan election..............................................................................925, 952, 1002,1006 HB 774 --Henry County; commissioners; financial statement...............................925, 952, 1002, 1006, 1561 HB 775 --Cigar tax; rate ...............................................................................................925, 952 HB 776 --Legislative Services Committee; construction, maintenance, renovation, and furnishing of certain areas; amend provisions...........,..............925, 952, 1001, 1049, 1890 HB 777 --Personal care homes; permits .....................................................................925, 952 HB 778 --Early County; superior court clerk; compensation .................................925, 952, INDEX 2601 1002, 1007, 1314 HB 779 --Teachers Retirement System; certain military service credit.......................................................................................951, 1000 HB 780 --Fayette County; school district; ad valorem tax exemption; elderly and disabled.......................951, 1000, 1035, 1044, 1314 HB 781 --Fayette County; board of education; appoint superintendent.....................................................952, 1000, 1064, 1074, 1643 HB 782 --Jackson County; board of commissioners; compensation....................952, 1000, 1035, 1044, 1314 HB 783 --State government; annual personnel report; copy to General Assembly members..............................952, 1000, 1034, 1089, 1890 HB 784 --Schools; enrollment age.............................................................................997, 1033 HB 785 --Macon, City of; corporate limits ...............................997, 1033, 1064, 1074, 1729 HB 786 --Garnishment summons; defendant's social security number...............997, 1033 HB 787 --Secretary of State; printing of maps.............................................998, 1033, 1190 HB 788 --State employment; interdepartmental transfer ...........................998, 1033, 1190 HB 789 --Civil practice; renewal of case after dismissal........................................998, 1033 HB 790 --Invasion of privacy; automated telephone sales ....................................998, 1033 HB 791 --Carroll County; state court; compensation; judge and solicitor...............................................998, 1033, 1064, 1074, 1643 HB 792 --Driving under the influence; bail prohibitions.......................................998, 1033 HB 793 --Alcoholism and drug abuse; clinical records; release ...........................999, 1033, 1304, 1568, 1961 HB 794 --Tuition equalization grants; private colleges and universities; remove limitation..........................999, 1033, 1137, 1512, 1961 HB 795 --Private detectives and private security business; licensing....................................................................999, 1033, 1190 HB 796 --Court proceedings; broadcast, televise, or record; certain conditions...............................................................................999, 1033 HB 797 --Highways; private driveways; delete certain prohibitions...............................................................................999, 1033, 1463 HB 798 --Peachtree City, City of; mayor; vote and vetoes ..................................999, 1033, 1064, 1074, 1643 HB 799 --Chatham County; superior court clerk and sheriff; compensation ...............................................................1029, 1062, 1099, 1100 HB 800 --Chiropractic schools and colleges; accreditation; amend provisions .............................................................................1029, 1062 HB 801 --Habersham County; board of education; certain funds; extend Constitutional Amendment................l029, 1062, 1099, 1100, 1468 HB 802 --Habersham County Industrial Development Authority; extend Constitutional Amendment................1030, 1062, 1099, 1100, 1469 HB 803 --Clarkesville, City of; ad valorem tax exemption; elderly; extend Constitutional Amendment................1030, 1063, 1099, 1101, 1469 HB 804 --Clarkesville, City of; bonds for housing of elderly; extend Constitutional Amendment................1030, 1063, 1099, 1101, 1469 HB 805 --Clarkesville Industrial Building Authority; extend Constitutional Amendment................1030, 1063, 1099, 1101, 1469 HB 806 --Habersham County; school tax exemption; elderly or disabled; extend Constitutional Amendment..............................1030, 1063 HB 807 --Columbus, City of; municipal court judge; compensation.....................................................1030, 1063, 1099, 1101, 1469 HB 808 --Muscogee County; coroner; compensation...........................................1030, 1063, 1099, 1102, 1469 HB 809 --Warner Robins, City of; municipal court; penalties...........................!031, 1063, 1099, 1102, 1561 HB 810 --Sales tax exemption; machinery and equipment for research .......................................................................................1031, 1063 2602 INDEX HB 811 --Health insurance; hospital cost containment.......................................1031, 1063 HB 812 --Law Enforcement Officers' Rules and Procedures Act; enact..........................................................................................1031, 1063 HB 813 --Ivey, Town of; amend Act creating.........................l032, 1063, 1099, 1102, 1885 HB 814 --Irwinton, Town of; change name.............................!032, 1063, 1099, 1102, 1885 HB 815 --Run-off elections; time for holding.........................l032, 1063, 1369, 1566, 1646 HB 816 --Special primaries; time for holding........................................................!032, 1063 HB 817 --Colquitt County; state court judge and solicitor; compensation.....................................................1032, 1063, 1099, 1102, 1643 HB 818 --Long County; commissioners; compensation.......................................1032, 1063, 1099, 1103, 1469 HB 819 --Evans County Industrial Development Authority; extend Constitutional Amendment.............................1032, 1063, 1099, 1103, 1469 HB 820 --Annexation; Fulton and DeKalb Counties; population classification......................................................................................l033, 1063 HB 821 --Augusta, City of; council; membership; election, term, and quorum .......................................................1033, 1063, 1099, 1103 HB 822 --Elections; party nominations; filling vacancies...................................1060, 1098, 1369, 1583, 2206 HB 823 --Doerun, City of; recorder's court; punishment ...................................1060, 1098, 1138, 1139, 1728 HB 824 --Fulton County; competitive bids; change provisions ..........................1061, 1098 HB 825 --Atlanta-Fulton County Recreation Authority; change provisions.......................................-......1061, 1098, 1627, 1628, 2055 HB 826 --Applied psychology; education requirements.............................l061, 1098, 1304 HB 827 --Donalsonville, City of; council; composition........................................!061, 1098, 1138, 1139, 1562, 1649 HB 828 --Sheriffs' Retirement Fund; death benefits...........................................1061, 1098 HB 829 --Income tax; certain retirement income; exemption.............................1061, 1098 HB 830 --Contributions to certain educational organizations; income tax credit .............................................................................1094, 1136 HB 831 --First offenders; treatment during confinement.........................1094, 1136, 1368 HB 832 --Group life insurance; dependent's coverage ........................................1095, 1136, 1189, 1568, 2462 HB 833 --Greene County Development Authority; extend Constitutional Amendment.............................1095, 1136, 1191, 1191, 1728 HB 834 --Greene County; board of education; election; extend Constitutional Amendment................l095, 1136, 1191, 1192, 1728 HB 835 --Richmond County; police and sheriffs departments; referendum ...................................................................1095, 1136, 1191, 1192 HB 836 --Lee County; board of commissioners; recreate ...................................1095, 1136, 1191, 1192, 1562 HB 837 --Cobb Judicial Circuit; investigators; compensation...........................1095, 1136, 2016, 2016, 2016, 2460 HB 838 --Newnan, City of; Board of Water, Sewerage and Light Commission; extend Constitutional Amendment.......................1095, 1136, 1191, 1192, 1643 HB 839 --Newnan, City of; utility systems; governing authority; extend Constitutional Amendment............................1095, 1136, 1191, 1193, 1643 HB 840 --Property; deeds to secure debt; cancellation........................................!096, 1136 HB 841 --Gwinnett County; homestead exemption; elderly...............................!096, 1136, 1191, 1193, 2234, 2236 HB 842 --Bainbridge, City of; aldermen..................................l096, 1136, 1191, 1193, 2055 HB 843 --Union County Hospital Authority; vacancies......................................!096, 1136, 1191, 1193, 1643 HB 844 --Blairsville, City of; amend Act reincorporating..................................1096, 1136, INDEX 2603 1191, 1194, 1643 HB 845 --Ad valorem tax; fraudulent returns; penalties .....................................1062, 1098 HB 846 --Raccoon dealers; license fees ........................................................1096, 1136, 1304 HB 847 --Auctioneers; nonresidents; Iicensing............................................l062, 1098, 1368 HB 848 --Death penalty; lethal injection...........................................!096, 1136, 1551, 1609 HB 849 --Public School Employees Retirement; increase benefits....................!097, 1136 HB 850 --Occupational Regulation Review Advisory Council; establish...................................................................l097, 1136, 1366 HB 851 --Gwinnett County; school taxes; collection costs................................. 1097, 1136, 1191, 1194, 1728 HB 852 --Alpharetta, City of; corporate limits .....................................................1097, 1136 HB 853 --Polk County Water Authority; members; compensation...................!097, 1136, 1191, 1194, 1644 HB 854 --Moultrie-Colquitt County Development Authority; extend Constitutional Amendment................l097, 1136, 1191, 1194, 1728 HB 855 --Colquitt County; board of education and superintendent; extend Constitutional Amendment.................1097, 1136, 1191, 1194, 1728 HB 856 --Whitfield County; board of elections; repeal.......................................!097, 1136, 1191, 1195, 1728 HB 857 --Whitfield County; board of elections and registration; create...................................................................!098, 1136, 1191, 1195, 1729 HB 858 --Local government audits; comply with federal requirements.....................................................................................H31, 1188 HB 859 --Local boards of education; organization and chairman; provide by local law.........................................................................H31, 1188 HB 860 --Tattnall County Industrial Development Authority; extend Constitutional Amendment................1131, 1188, 1306, 1308, 1834 HB 861 --Tattnall County; board of education; election; extend Constitutional Amendment.............................1131, 1188, 1306, 1308, 1834 HB 862 --Glennville, City of; mayor and council.................................................H31, 1188, 1306, 1309, 1834 HB 863 --Tattnall County; board of education; members..................................H31, 1188, 1551, 1553, 1955 HB 864 --Murray County; coroner; compensation and deputy..........................1131, 1188, 1306, 1309, 1834 HB 865 --Murray County; certain officers; compensation..................................1131, 1188, 1306, 1309, 1835 HB 866 --Murray County; commissioner; compensation ....................................1132, 1188, 1306, 1309, 1835 HB 867 --County government; standards of apportionment; compliance.........................................................................................!098, 1136 HB 868 --Bacon County; board of education; compensation .............................1132, 1188, 1306, 1309, 1835 HB 869 --Towns County; treasurer; abolish office...............................................H32, 1188, 1306, 1310, 1729 HB 870 --Habersham County; board of commissioners ......................................1132, 1188, 1306, 1310, 1729 HB 871 --Bowdon, City of; homestead exemption; extend Constitutional Amendment .............................1132, 1188, 1306, 1310, 1835 HB 872 --Richmond County; Sheriffs Merit System Board; powers...............1098, 1136, 1306, 1310, 2462 HB 873 --Developmental^ disabled persons; habilitation ..................................1132, 1188 HB 874 --Electric utility; new construction; certification of need ...............................................................................................1132, 1188 HB 875 --Mortgage Loan Company and Loan Broker Act; enact......................! 132, 1188 HB 876 --Echols County; board of commissioners; compensation....................1133, 1188, 2604 INDEX 1710, 1713, 2061 HB 877 --DeKalb County; animal control; court jurisdiction; extend Constitutional Amendment................ll33, 1188, 1306, 1310, 1955 HB 878 --DeKalb County; magistrate court; provide ...............................1133, 1188, 1306, 1311, 2234, 2345, 2463 HB 879 --DeKalb County; ordinances; enactment and violations; extend Constitutional Amendment................1133, 1188, 1306, 1311, 1956 HB 880 --Clarke County; commissioners; compensation ....................................1133, 1188, 1306, 1311, 1835 HB 881 --Bacon County; board of education; nonpartisan election................................................................H34, 1188, 1369, 1370, 1956 HB 882 --Brantley County; commissioners; compensation.................................1134, 1188, 1306, 1311, 1835 HB 883 --State revenue commissioner; compensation.........................................1134, 1188 HB 884 --Sales tax exemption; boats purchased by nonresidents .....................1134, 1188 HB 885 --Firefighters; qualifications.............................1134, 1188, 1368, 1599, 2100, 2189 HB 886 --Firefighter; transfer of certification.............................................H35, 1188, 1368 HB 887 --Uniform Partnership Act; amend provisions.......................................1135, 1188, 1367, 1574, 2416, 2428 HB 888 --Professional Practices Commission; membership......................H35, 1188, 1551 HB 889 --Weapons; possession; retired peace officer; certain exceptions............................................................................ 1135, 1188 HB 890 --Centerville, City of; mayor or councilman; qualifications......................................................H35, 1188, 1306, 1312, 1835 HB 891 --Death penalty; televise executions...............................................H35, 1188, 1462 HB 892 --Child custody; grandparents' visitation rights.....................................1135, 1188 HB 893 --Royston, City of; new charter..................................ll83, 1302, 1369, 1373, 1885 HB 894 --Madison County Industrial Development and Building Authority; extend Constitutional Amendment...........................1183, 1302, 1369, 1374, 1885 HB 895 --Madison County; board of education; extend Constitutional Amendment.............................1183, 1302, 1369, 1374, 1885 HB 896 --Sylvester, City of; mayor and council; election...................................H84, 1302, 1369, 1374, 1834, 1842 HB 897 --Madison County; certain officers; compensation................................H84, 1302, 1369, 1374, 1885 HB 898 --Madison County; sheriff; compensation...............................................ll84, 1302, 1369, 1374, 1885 HB 899 --Madison County Industrial Development and Building Authority; provisions........................................H84, 1302, 1369, 1375, 1885 HB 900 --Candler County; state court; revise provisions ...................................1184, 1302, 1369, 1375, 1956 HB 901 --Candler County; school taxes; collection costs....................................H84, 1302, 1369, 1375, 1956 HB 902 --Candler County; chief magistrate and magistrate; appointment.......................................................H84, 1302, 1369, 1375, 1956 HB 903 --Madison County; commissioners; compensation.................................1185, 1302, 1369, 1376, 1885 HB 904 --Clinical laboratory technicians; function under certain supervision.................................................................H85, 1302, 1359 HB 905 --Cairo, City of; recorder's court; change name.....................................1185, 1302, 1369, 1376, 1956 HB 906 --City of Islands; incorporate................................................1185, 1302, 2401, 2420 HB 907 --Minor child; petition for legitimation..............................H85, 1302, 1367, 1571, 2025, 2080, 2104, 2109, 2197, 2357, 2464 HB 908 --Estates; year's support; determination of appraiser............................1186, 1302 HB 909 --Pierce County; board of commissioners...............................................1186, 1303, INDEX 2605 1369, 1376, 1956 HB 910 --Pierce County; education districts..........................1186, 1303, 1369, 1376, 1956 HB 911 --Zoning; salt-water islands........................................................................H86, 1303 HB 912 --Union City, City of; municipal court; associate judge .......................1186, 1303, 1627, 1629, 2061 HB 913 --Austell, City of; corporate limits.............................H86, 1303, 1369, 1376, 2055 HB 914 --Ad valorem tax; mobile homes; designation.........................................H86, 1303 HB 915 --Atlanta, City of; library services; ad valorem tax...............................H87, 1303, 1627, 1629, 2055 HB 916 --Agriculture Commission; administrative penalties; amount................................................................H87, 1303, 1461, 1602, 2066 HB 917 --Transportation of Hazardous Materials Act; provide........................H87, 1303, 1359, 1572, 2462 HB 918 --Trademarks or service marks; wrongful manufacture; penalty.......................................................................H87, 1303 HB 919 --Eminent Scholars Endowment Trust Fund; create............................H87, 1303, 1360, 1443, 2002, 2074 HB 920 --Pembroke, City of; new charter...............................H87, 1303, 1369, 1377, 1956 HB 921 --Effingham County; state court judge and solicitor; compensation.....................................................H87, 1303, 1369, 1377, 1957 HB 922 --Intangible property; ad valorem tax exemption ..................................1188, 1303 HB 923 --Fulton County; commissioners; chairman's election...........................1299, 1366 HB 924 --Trademarks or service marks; counterfeit goods; ex parte seizure ................................................................................1299, 1366 HB 925 --Income tax; computation.........................................................................!299, 1366 HB 926 --"Law Enforcement Officer Appreciation Day"; designate................ 1300, 1366 HB 927 --Houston County; branch offices; extend Constitutional Amendment........................................................l300, 1366, 1463, 1464, 1886 HB 928 --Houston County; educating handicapped; extend Constitutional Amendment.............................1300, 1366, 1463, 1465, 1886 HB 929 --Houston County; special court creation; extend Constitutional Amendment.............................1300, 1366, 1463, 1465, 1886 HB 930 --Houston County Development Authority; extend Constitutional Amendment .............................1300, 1366, 1463, 1465, 1886 HB 931 --Bryan County; license fees; unincorporated area ................................................................................1300, 1366, 1463, 1465 HB 932 --Driver's license; unlawful use; contraband ...........................................1301, 1366 HB 933 --Lincoln County; commissioners; chairman's compensation.....................................................1301, 1366, 1463, 1466, 2061 HB 934 --Crimes and offenses; baiting an animal................................................1301, 1366 HB 935 --Tift County; purchases and contracts; bids.........................................!301, 1366, 1463, 1466, 2061 HB 936 --Alcoholic beverages; underage buyer; arrest by retailer..........................................................................................l301, 1366 HB 937 --Rome-Floyd County Development Authority; extend Constitutional Amendment .............................1301, 1366, 1463, 1466, 1886 HB 938 --Garnishments; federal courts; continuance...........................................!301, 1366 HB 939 --Elections; straight party ballots; amend provisions ............................1302, 1366 HB 940 --State contracts; certain violations; bid prohibitions.......................................!302, 1366, 1462, 1602, 1962, 1976 HB 941 --Cobb County; state court clerk; bond ....................1302, 1366, 1463, 1466, 2055 HB 942 --DeKalb County; Board of Registrations and Elections; repeal...............................................................................!361, 1460 HB 943 --Baxley, City of; council; composition and election.............................!361, 1460, 1627, 1629, 2055 HB 944 --Morganton, Town of; mayor and council; terms.................................1361, 1460, 1551, 1557, 2061 2606 INDEX HB 945 --Excise tax; distilled spirits; amend provisions.....................................1362, 1460 HB 946 --Early County; state court; solicitor.........................!362, 1460, 1551, 1557, 1957 HB 947 --Spalding County; tax commissioner; compensation...........................1362, 1460, 1551, 1557, 2062 HB 948 --Butts County; board of commissioners ..................1362, 1460, 1627, 1629, 2062 HB 949 --Washington County; board of commissioners.....................................1362, 1460, 1710, 1713, 2055 HB 950 --Washington County; tax commissioner; compensation......................1362, 1460, 1551, 1557, 2062 HB 951 --Johnson County; probate judge; clerical assistance ...........................1362, 1460, 1551, 1558, 2062 HB 952 --Tennille, City of; election provisions....................................................1362, 1460, 1627, 1629, 2062 HB 953 --Sandersville, City of; elections.................................!363, 1460, 1710, 1713, 2055 HB 954 --Kite, Town of; councilmen.......................................1363, 1460, 1551, 1558, 2062 HB 955 --DeKalb County; state court; assistant solicitor ..................................1363, 1460, 1551, 1558, 1957 HB 956 --Marietta, City of; enlarge downtown district......................................1363, 1460, 1551, 1558, 2055 HB 957 --Atlanta, City of; redevelopment powers...............................................!363, 1460, 1881, 1882, 1978, 2023 HB 958 --Douglasville, City of; mayor and councilmen; election......................1363, 1460, 1551, 1558, 2062 HB 959 --Oliver, City of; new charter......................................!363, 1460, 1551, 1559, 1886 HB 960 --Irwin County; sheriff and staff; compensation....................................!363, 1460, 1551. 1559, 1957 HB 961 --Irwin County; board of commissioners; salaries .................................1364, 1460, 1552. 1559, 1957 HB 962 --Medical information; release by physicians..........................................1364, 1460 HB 963 --Elections; voting for presidential electors.............................................!364, 1460 HB 964 --Carroll County; board of education; election......................................1364, 1460, 1627, 1630, 2062 HB 965 --Cobb County; state court judge; compensation ..................................1364, 1460, 1552, 1559, 1978, 2010 HB 966 --Estates; administrators or executors; bond ..........................................1364, 1460 HB 967 --Chatham County; recorder's court; judges' compensation ...............................................................1364, 1460, 1552, 1560 HB 968 --House of Representatives; reapportion certain districts..............................................................................................1364, 1460 HB 969 --Educational grants and loans; draft registration requirement.......................................................................................!365, 1461 HB 970 --Clinch County; board of education; reapportionment.......................1365, 1461, 1552, 1560, 2062 HB 971 --Bleckley County; board of commissioners; create ..............................1453, 1549, 1627, 1630, 1957 HB 972 --Prescription drugs; warning label, nutritional deficiencies........................................................................................l453, 1549 HB 973 --Etowah-Forsyth Water Authority; sewage systems............................!454, 1549, 1627, 1631, 2062 HB 974 --Forsyth County; board of education; compensation ..........................1454, 1549, 1627, 1631, 2062 HB 975 --Cook County; board of commissioners; election.................................1454, 1549, 1627, 1631, 1957 HB 976 --Decatur County; probate judge; compensation...................................1454, 1549, 1627, 1631, 2055 HB 977 --Catoosa County; probate judge; clerical allowance.............................1454, 1549, 1710, 1714, 2056 INDEX 2607 HB 978 --Floyd County; merit system; exemptions ............................................1454, 1549, 1627, 1632, 2062 HB 979 --Rome Judicial Circuit; district attorney; investigators.......................................................!454, 1549, 1627, 1632, 2063 HB 980 --Floyd County Hospital Authority; vacancies ......................................1454, 1549, 1627, 1632, 2063 HB 981 --Warren County; commission chairman; compensation......................1454, 1549, 1627, 1632, 2063 HB 982 --Colquitt County; license fees; extend Constitutional Amendment........................................................l455, 1549, 1627, 1632, 2056 HB 983 --Colquitt County; commissioners; elections ......................1455, 1549, 1627, 1633 HB 984 --Spalding County; commissioners; increase membership....................!455, 1549, 1627, 1633, 2063 HB 985 --Spalding County; chief magistrate; compensation..............................1455, 1549, 1627, 1633, 2063 HB 986 --Newton County Industrial Development Authority; extend Constitutional Amendment.............................1455, 1549, 1627, 1633, 2063 HB 987 --Lamar County; magistrate court; law library fees..............................1455, 1549, 1627, 1633, 2063 HB 988 --Butts County; magistrate court; law library fees................................1455, 1549, 1627, 1634, 2063 HB 989 --Camilla, City of; Downtown Development Authority; extend Constitutional Amendment.............................1455, 1549, 1627, 1634, 1957 HB 990 --Sale City, City of; corporate limits.........................1456, 1549, 1627, 1634, 1957 HB 991 --Chatham County; state court judges; compensation...........................1456, 1549 HB 992 --Muscogee County; school district; art galleries...................................1456, 1549, 1627, 1634, 2056 HB 993 --Henry County; education districts..........................!456, 1549, 1627, 1634, 2063 HB 994 --Henry County; community improvement districts.............................1456, 1549, 1627, 1635, 2063 HB 995 --Coweta County; magistrate judge; nonpartisan election................................................................!456, 1549, 1627, 1635, 2056 HB 996 --Coweta County; board of education .......................1456, 1550, 1627, 1635, 2063 HB 997 --Chatham County; state court; filing fees.............................................1456, 1550, 1627, 1635, 1957 HB 998 --Chattooga County; state court judge and solicitor; compensation.....................................................1457, 1550, 1627, 1635, 1958 HB 999 --Chattooga County; local option tax; proceeds to Trion School District; extend Constitutional Amendment........................................................l457, 1550, 1627, 1636, 1958 HB 1000 --Chattooga County; board of education; compensation......................1457, 1550, 1627, 1636, 1958 HB 1001 --Trion, Town of; homestead exemption; elderly; extend Constitutional Amendment.............................1457, 1550, 1627, 1636, 1958 HB 1002 --White County; superior court clerk; employees..................................1457, 1550, 1627, 1636, 1958 HB 1003 --Hart County; Industrial Building Authority; extend Constitutional Amendment.............................1457, 1550, 1627, 1637, 2063 'HB 1004 --Carroll County Government Authority Study Commission; create..........................................................................1457, 1550 HB 1005 --Cherokee County; board of commissioners; elections.........................1457, 1550 HB 1006 --Muscogee County; coroner's salary; repeal Act providing.....................................................!458, 1550, 1627, 1637, 2056 HB 1007 --Development authorities; office building facilities; description.........................................................................................!458, 1550 HB 1008 --Chatham County Hospital Authority; membership; prohibitions ..................................................................1458, 1550, 1627, 1637 2608 INDEX HB 1009 --Marietta, City of; de-annex certain property ......................................1458, 1550, 1627, 1637, 2460 HB 1010 --Clayton County; commissioners; compensation..................................1458, 1550, 1627, 1637, 2056 HB 1011 --Clayton County; state court solicitor; compensation .........................1458, 1550, 1627, 1638, 2056 HB 1012 --Clayton Judicial Circuit; superior court judges; supplement.........................................................l458, 1550, 1627, 1638, 2056 HB 1013 --Clayton County; state court judges; compensation............................1459, 1550, 1627, 1638, 2056 HB 1014 --Clayton Judicial Circuit; district attorney; supplement.........................................................l459, 1550, 1627, 1638, 2057 HB 1015 --Clayton County; probate judge; compensation...................................1459, 1550, 1627, 1639, 2057 HB 1016 --Clayton County; sheriff and superior court clerk; compensation.....................................................1459, 1550, 1627, 1639, 2057 HB 1017 --Clayton County; civil service board; compensation............................1459, 1550, 1627, 1639, 2057 HB 1018 --Clayton County, coroner; compensation ................1459, 1550, 1627, 1639, 2057 HB 1019 --Clayton County; tax commissioner; compensation.............................1459, 1550, 1627, 1639, 2057 HB 1020 --Brantley County; certain officers; salaries...........................................!459, 1550, 1627, 1640, 2057 HB 1021 --Driving under the influence; chemical tests; admissibility......................................................................................l543, 1625 HB 1022 --Self-service gasoline retailers; required services..................................1543, 1625 HB 1023 --Hospital authorities; terms......................................................................l544, 1625 HB 1024 --Fayette County; tax commissioner; compensation .............................1544, 1625, 1710, 1714, 2057 HB 1025 --Fayette County; superior court clerk; compensation.........................1544, 1625, 1710, 1715, 2057 HB 1026 --Fayette County; probate judge; compensation....................................1544, 1625, 1710, 1715, 2057 HB 1027 --Fayette County; sheriff; compensation.................................................!544, 1625, 1710, 1715, 2058 HB 1028 --Burke County; board of education; elections......................................1544, 1625, 1710, 1715, 2058 HB 1029 --Glascock County; superior court clerk; salary..................................... 1544, 1625, 1710, 1716, 1978, 2087 HB 1030 --Income tax; individual retirement account; deduction.......................1544, 1625 HB 1031 --Candler County; board of commissioners............................................1545, 1625, 1824, 1825, 2058 HB 1032 --Marietta, City of; corporate Iimits..........................l545, 1625, 1710, 1716, 2058 HB 1033 --Polk County; board of education; provide...........................................1545, 1625, 1710, 1717, 2058 HB 1034 --Tax Officials' Retirement Fund; create................................................1545, 1625 HB 1035 --Richmond County; certain officials; compensation..................!545, 1625, 1929, 1952, 2234, 2359, 2403, 2403, 2416, 2422, 2464 HB 1036 --DeKalb County; property damage by employees; limit; extend Constitutional Amendment.............................1545, 1625, 1710, 1717, 2058 HB 1037 --Catoosa County Development Authority; membership; selection, power, and terms.............................1545, 1626, 1710, 1717, 2058 HB 1038 --Columbia County; commissioners; compensation............................... 1545, 1626, 1710, 1717, 2058 HB 1039 --Jeff Davis County; board of education; election.................................!546, 1626, 1710, 1717, 2058 HB 1040 --Lyons Development Authority; extend Constitutional INDEX 2609 Amendment........................................................l546, 1626, 1710, 1721, 2058 HB 1041 --Utility contractors; Iicensing.........................................................l546, 1626, 1676 HB 1042 --Social worker; license requirement........................................................1546, 1626 HB 1043 --Animals; owners' liability for damages..................................................l546, 1626 HB 1044 --Banks County; tax commissioners; compensation..............................1546, 1626, 1710. 1721, 2059 HB 1045 --Taylor County; commissioner districts; reapportion..........................!546, 1626, 1711. 1722, 2059 HB 1046 --Fulton County; commissioners; chairman's election...........................1546, 1626 HB 1047 --Juries; charges and instructions in writing...........................................1547, 1626 HB 1048 --Lamar County; board of commissioners; provisions...........................1547, 1626, 1824, 1825, 2059 HB 1049 --Gilmer County; tax commissioner; compensation ..............................1547, 1626, 1711, 1722, 2059 HB 1050 --Downtown Marietta Development Authority; enlarge downtown district .............................................1547, 1626, 1711, 1722, 2059 HB 1051 --Cobb County; certain state court officers; compensation...........................................!547, 1626, 1711, 1722, 1979, 2025 HB 1052 --College Park, City of; ad valorem tax; modifications ........................1547, 1626, 1881, 1883, 1978, 1980 HB 1053 --College Park, City of; homestead exemption; increase......................!547, 1626, 1881, 1883, 2059 HB 1054 --Dawson County; tax commissioner; compensation.............................1547, 1626, 1711, 1722, 2059 HB 1055 --Dawson County; probate judge and superior court clerk; compensation..........................................1548, 1626, 1711, 1723, 2059 HB 1056 --Seminole County; tax commissioner; compensation...........................1548, 1626, 1711, 1723, 2059 HB 1057 --Seminole County; probate judge; compensation.................................!548, 1626, 1711, 1723, 2059 HB 1058 --Seminole County; superior court clerk; compensation.......................!548, 1626, 1711, 1723, 2060 HB 1059 --Seminole County; sheriff; compensation..............................................1548, 1626, 1711, 1724, 2060 HB 1060 --Presidential Library State Park Enabling Law; enact........................!548, 1626 HB 1061 --Banks County; board of commissioners; compensation.....................1548, 1626, 1711, 1724, 2060 HB 1062 --Clayton Judicial Circuit; court reporters; compensation.....................................................1548, 1626, 1711, 1724, 2060 HB 1063 --Clayton County; magistrates; bond.........................!549, 1626, 1711, 1724, 2060 HB 1064 --Clayton County; juvenile court judge; compensation ...............................................................1549, 1626, 1711, 1725 HB 1065 --Clayton County; state court; deposits........................................1549, 1626, 1711, 1725, 1979, 1980 HB 1066 --Motor vehicles; transporting hay bales; weight limits........................1623, 1708 HB 1067 --Laurens County; tax commissioner; compensation ............................1623, 1708, 1824, 1830, 2060 HB 1068 --Macon-Bibb County Water and Sewerage Authority; amend Act..........................................................X624, 1708, 1824, 1830, 2205 HB 1069 --Hazlehurst, City of; commissioners; elections .....................................1624, 1708, 1824, 1830, 2060 HB 1070 --Thomasville Payroll Development Authority; extend Constitutional Amendment.............................1624, 1708, 1824, 1831, 2060 HB 1071 --Thomas County; board of education and superintendent; extend Constitutional Amendment................1624, 1708, 1824, 1831, 2060 HB 1072 --Macon-Bibb County Water and Sewerage Authority; certain projects..................................................!624, 1708, 1824, 1831, 2205 2610 INDEX HB 1073 --Sales tax; vending machines; certain exemption .................................1624, 1708 HB 1074 --Voter registration; residence requirement............................................1624, 1708 HB 1075 --Grantville, City of; new charter...............................!624, 1708, 1824, 1831, 2060 HB 1076 --Clarkesville, City of; certain election; change date ............................1625, 1708, 1824, 1831, 2061 HB 1077 --White County; board of education; election; extend Constitutional Amendment.............................1625, 1708, 1824, 1832, 2061 HB 1078 --White County Industrial Building Authority; extend Constitutional Amendment.............................1625, 1708, 1824, 1832, 2061 HB 1079 --DeKalb County; probate judge and superior court clerk; compensation.....................................................!625, 1708, 1824, 1832 HB 1080 --Moreland, Town of; new charter.............................!707, 1824, 1881, 1883, 2061 HB 1081 --Warren County; superior court deputy clerk; compensation..........................................-1707, 1824, 1881, 1883, 2079, 2088 HB 1082 --Warren County; tax commissioner; employees' compensation.....................................................!707, 1824, 1881, 1883, 2061 HB 1083 --Tyrone, Town of; council..........................................!707, 1824, 1881, 1884, 2061 HB 1084 --Marion County; education districts........................1707, 1824, 1929, 1953, 2205 HB 1085 --Worth County; board of commissioners; compensation ....................1823, 1881, 1951, 1954, 2205 HB 1086 --Trials; child victim or witness; videotaped deposition .......................1823, 1881 HB 1087 --Criminal procedure; child victim or witness; speedy trial........................................................................................!824, 1881 HB 1088 --Heard County; education districts..........................1878, 1950, 2047, 2048, 2460 HB 1089 --DeKalb Junior College; extend Constitutional Amendment..............l878, 1950 HB 1090 --Electric utility; new construction; certification of need...............................................................................................!878, 1950 HB 1091 --Wilkes County; ad valorem tax; homestead exemptions...................1879, 1950, 2047, 2048, 2460 HB 1092 --Child abuse; reporting requirements.....................................................1879, 1950 HB 1093 --Pecan dealers; certain information; record...........................................1879, 1950 HB 1094 --Catoosa County; coroner; salary..............................!879, 1950, 2047, 2049, 2460 HB 1095 --Dooly County; commissioners; compensation......................................!879, 1950, 2047, 2049, 2461 HB 1096 --Coastal Zone Protection Law; provide ..................................................1879, 1950 HB 1097 --Shore Assistance Act of 1979; amend....................................................!879, 1950 HB 1098 --Taylor County; education districts .........................1880, 1950, 2047, 2049, 2461 HB 1099 --Gilmer County; commissioner; compensation.....................................1880, 1950, 2047, 2049, 2461 HB 1100 --Organized militia; officers; occupy certain positions...........................1880, 1950 HB 1101 --Wayne County; industrial development tax; extend Constitutional Amendment.............................1880, 1950, 2047, 2049, 2461 HB 1102 --Houston Judicial Circuit; judges; compensation.................................1880, 1950, 2047, 2050, 2461 HB 1103 --Fannin County; board of registrations and elections ................................................................1880, 1950, 2047, 2050 HB 1104 --Dougherty County; board of education; election.................................1880, 1950 HB 1105 --Special license plates; deceased prisoners of war; spouse's eligibility............................................................................1948, 2046 HB 1106 --Motor vehicles; prisoners of war; ad valorem tax exemption...................................................................................l948, 2046 HB 1107 --Child Abuse Action Fund; establish......................................................!948, 2046 HB 1108 --Income tax refunds; setoff collections; claimant agencies.............................................................................1948, 2046 HB 1109 --Firearms; stun gun or taser; definition .................................................1948, 2046 HB 1110 --Criminal procedure; appearance bonds; minimum assets of sureties ..............................................................................1948, 2046 INDEX 2611 HB 1111 --Income tax credit; conservation tillage equipment.............................1948, 2046 HB 1112 --Insurance Premium Finance Company Act; amend provisions.........1949, 2046 HB 1113 --Bibb County; board of education; compensation.................................!949, 2046 HB 1114 --Rabies inoculation; cats...........................................................................1949, 2046 HB 1115 --Hall County; ad valorem tax exemption; elderly.................................!949, 2046 HB 1116 --Gainesville, City of; ad valorem tax exemption; elderly.....................!949, 2046 HB 1117 --Walton County; coroner; compensation............................!949, 2046, 2203, 2204 HB 1118 --Area Planning and Development Commissions; certain members; election............................................................................1950, 2046 HB 1119 --Chatham County-Savannah; board of education; election.................!950, 2046 HB 1120 --Interest and usury; judgments................................................................2044, 2202 HB 1121 --Non-medical health care practitioners; licensing.................................2044, 2202 HB 1122 --Superior Court Judges Retirement; amend provisions.......................2045, 2202 HB 1123 --Libel; visual or sound broadcast; evidence ...........................................2045, 2202 HB 1124 --Deceptive practices; unfair to bill for goods notdelivered.....................................................................................2045, 2202 HB 1125 --Insurers; domiciled in another state; exams.........................................2045, 2202 HB 1126 --Automobile warranties; requirement .....................................................2045, 2202 HB 1127 --Legislative Education Research Council; change name to House Research Council ............................................................2045, 2202 HB 1128 --Hunting and fishing; honorary licenses; certain veterans................................................................................2045, 2202 HB 1129 --Income tax; certain social security and railroad retirement benefits; exemption ......................................................2046, 2202 HB 1130 --DeKalb County; citizens' zoning counsel; create............................................2200 HB 1131 --State contracts; progress payments..................................................................2200 HB 1132 --Laurens County; board of education; elections ..............................................2200 HB 1133 --Habersham County; board of education; certain funds; extend Constitutional Amendment .........................................................2201 HB 1134 --Bank holding companies; out-of-state banks; acquisition ............................2201 HB 1135 --State agencies; estimates of supplies and services; availability ...................................................................................................2201 HB 1136 --Cooperative associations; regulation ................................................................2201 HB 1137 --Registered agents and employers; reports; file with Secretary of State.......................................................................................2201 HB 1138 --DeKalb County; zoning changes; conflicts of interest...................................2201 HB 1139 --Electrologists, State Board of; create...............................................................2202 PART HOUSE RESOLUTIONS HR 1 --Notify Senate; House convened..............................................................................9 HR 2 --Notify Governor; General Assembly convened ............................................10, 44 HR 3 --Relative to officials, employees, and committees...............................................10 HR 4 --Rules of House; adopt............................................................................................!6 HR 5 --Joint Session; Governor's message.................................................................!6, 52 HR 6 --Joint Session; Governor's message.................................................................!6, 52 HR 7 --Joint Session; Governor's message; invite Justices of the Supreme Court and Judges of the Court of Appeals.................................................................................................17, 53 HR 8 --Adjourn 1/25/85; reconvene 2/4/85................................................................17, 53 HR 9 --Property tax relief; elderly - CA ....................................................................43, 51 HR 10 --State Port Facilities Accident Study Committee; create ...........................43, 51 HR 11 --Teenage and Youth Unemployment Study Committee; create................43, 51, 265, 404, 1891, 1897 HR 12 --House Study Committee on Insurance Fraud Against Elderly; create ...........................................................43, 51, 461, 723 HR 13 --Chatham County and City of Savannah; Taxation of Restored Historical Homes Study Committee; create.............................................................................43, 51, 276, 1019, 1079 HR 14 --Jail; incur debt for building - CA ..................................................................43, 51 HR 15 --Joint Urban County and Municipal Study Committee; create.........................................................44, 51, 303, 433, 1146 HR 16 --Notaries Public Study Committee; create....................................................44, 51 HR 17 --Legislators of the Year; plaque placed in State Capitol ............................50, 64 HR 18 --Official State Atlas; designate.............................................50, 64, 304, 467, 1079 HR 19 --Lotteries; charitable organizations; provide - CA ...............................50, 64, 435 HR 20 --Charles A. Lindbergh; erect historical marker..........................................63, 179, 461, 646, 1315 HR 21 --Archie L. Lindsey Memorial Bridge; designate................................63, 179, 267, 406, 1079, 1327 HR 22 --Hammonds, Eddie, Jr.; compensate...................63, 179, 1137, 1354, 1891, 1899 HR 23 --Davison, Dr. Fred C.; invite to House ................................................52, 266, 427 HR 24 --Walter A. Scott Memorial Bridge; designate ............................................63, 179, 267, 422, 1079 HR 25 --Public officials; U.S. felony indictment; suspension - CA......................................................................................63, 179 HR 26 --Speaker of House; serve 6 years - CA.........................................................63, 179 HR 27 --Hazardous Materials Emergency Response Advisory Council; create .........................................................63, 179, 1034, 1085, 1961 HR 28 --Barker, Jenny; commend .......................................................................................66 HR 29 --Barry, Michael; commend......................................................................................66 HR 30 --Bowen, Linka; commend........................................................................................66 HR 31 --Childs, Steven; commend.......................................................................................66 2614 INDEX HR 32 --Colquitt, Kyle; commend.......................................................................................66 HR 33 --Cook, Currey; commend.........................................................................................66 HR 34 --Crawford, Leslie; commend ...................................................................................66 HR 35 --Crump, Wally; commend.......................................................................................66 HR 36 --Dekle, Renee; commend.........................................................................................66 HR 37 --Fleming, Scott; commend......................................................................................66 HR 38 --Flowers, Paige; commend.......................................................................................66 HR 39 --Fore, Howard; commend........................................................................................66 HR 40 --Hill, Angela; commend ...........................................................................................66 HR 41 --King, Angela; commend.........................................................................................66 HR 42 --Mahaffey, Mike; commend ....................................................................................66 HR 43 --McClellan, Shawn; commend ................................................................................66 HR 44 --Pattie, Robert; commend.......................................................................................66 HR 45 --Porter, Cynthia A.; commend ...............................................................................66 HR 46 --Rainey, Mary; commend........................................................................................66 HR 47 --Risher, Mike; commend .........................................................................................66 HR 48 --Swanson, Karen; commend....................................................................................66 HR 49 --Waldron, Kay; commend .......................................................................................66 HR 50 --World Congress Center; Zell Miller Corporate Conference Center of World Congress Center; designate.......................................................l78, 196, 461, 644, 1106 HR 51 --Baldwin County Board of Commissioners; compensate........................178, 196, 1189, 1353, 1891 HR 52 --Antebellum Trail; designate.............................................!78, 196, 267, 403, 1047 HR 53 --Joint Savannah Transit Authority Study Committee; create................................................................................!78, 196 HR 54 --U.S. Representative or Senator; registered voter ....................................178, 196 HR 55 --Jimmy Carter Parkway; designate ............................................179, 196, 267, 309 HR 56 --Martial Arts; create Study Committee......................................................179, 196 HR 57 --Amend HR 3; relative to House.........................................................l83, 266, 697 HR 58 --Kessler, Dr. W. D. and family; expressing support.........................................183 HR 59 --Guide, Reverend Michael; invite to House ......................................183, 266, 467 HR 60 --University of Georgia; recognize on 200th Anniversary..................................183 HR 61 --Reid, Joey; recognize............................................................................................183 HR 62 --Westwood Wildcats Football and Softball Teams; commend.........................................................................................184 HR 63 --Savannah-Chatham County Board of Education; commend.........................184 HR 64 --Brown, Dr. Claud L.; recognize...........................................................................!84 HR 65 --Coile, Lauren M.; recognize.................................................................................184 HR 66 --Malchow, Norma H.; commend..........................................................................184 HR 67 --Intangible property tax; certain exemption - CA....................................195, 235 HR 68 --Civil rights; prohibit discrimination because of race, sex, national origin, religion, or ancestry.............................. 195, 235 HR 69 --Public emergency medical technicians; indemnification - CA; ..........................................................................234, 264 HR 70 --State Commission on Legislative Compensation; create ........................234, 264 HR 71 --Joint Public Utility Rate-making Process Study Committee; create................................................................................234, 265 HR 72 --State Housing Activities Study Committee; create.................................235, 265 HR 73 --Special one percent sales tax; educational purposes - CA.......................................................................................235, 265 HR 74 --Joint Tandem Trailer Access to Public Roads Study Committee; create ..........................................................260, 302, 1034, 1124, 1838, 1845, 1875, 1923 HR 75 --Mitchell, Margaret; recognize.....................................................................254, 306 HR 76 --House Hartsfield International Airport Noise Study Commission; create..............................................260, 302, 1951, 2093 INDEX 2615 HR 77 --Special state sales tax; educational purposes - CA.................................261, 302 HR 78 --State lottery; educational purposes; indigent care - CA.........................263, 302 HR 79 --Fire hydrants; reflective markings ......................................270, 1307, 1577, 2064 HR 80 --Girl Scout Gold Award Recipients; commend..................................................276 HR 81 --Dancz, Roger; commend.......................................................................................281 HR 82 --Pace, John Grover Cleveland; congratulations on 100th birthday ..............................................................................................281 HR 83 --Dancz, Phyllis; commend....,................................................................................281 HR 84 --Mayors' Day; recognize ........................................................................................281 HR 85 --Disparity in Sentencing Study Committee; create..................................263, 302 HR 86 --Joint Drug Classification Study Committee; create................................300, 417 HR 87 --Death penalty; moratorium.........................................................................300, 417 HR 88 --Teachers Retirement; certain former teachers; membership - CA.................................................................................301, 417 HR 89 --Children and Youth Study Committee; create....................416, 460, 1710, 1893 HR 90 --Pelham, City of; lease property.......................................459, 577, 857, 968, 1315 HR 91 --Property conveyance; certain counties; municipalities ..........................459, 577, 857, 973, 1199, 1670 HR 92 --Jones, Michelle; commend...................................................................................427 HR 93 --Georgia Tech Football Team; invite to House ................................427, 638, 720 HR 94 --Darden, Honorable George W. "Buddy"; commend.......................427, 638, 720 HR 95 --Valdosta High School Football Team; invite to House........................................................................................428, 461, 562 HR 96 --Housing Needs Study Committee; create.................................................459, 577 HR 97 --Railroad; Atlanta-Chattanooga; terminate lease......................................460, 577 HR 98 --University System Laboratory, Equipment, and Eminent Scholars Endowment Study Committee; create.............................460, 577, 2202, 2422 HR 99 --Burns, David M.; compensate......................................573, 604, 1189, 1354, 1891 HR 100 --Garden Week in Georgia; designate ...............................573, 604, 661, 724, 1315 HR 101 --Veterans Memorial Highway; designate.....................573, 604, 1307, 1603, 2064 HR 102 --Local retirement systems; analysis .............................573, 604, 1034, 1618, 2463 HR 103 --District of Columbia; representation; ratify amendment to U.S. Constitution ............................................573, 604, 1064 HR 104 --Brooks, Sybil A.; compensate ...........................................................603, 660, 1137 HR 105 --Lanier, Julie B.; invite to House........................................................581, 638, 684 HR 106 --Joint Study Committee on Superior Court Judgeships; create ............................................................603, 660, 1137, 1352, 2002, 2075 HR 107 --Initiative petition; power to enact or reject - CA....................................576, 604 HR 108 --Pari-mutuel wagering; certain counties - CA ...........................................576, 604 HR 109 --State School Superintendent; change name; Commissioner of Education - CA......................................................577, 604 HR 110 --Initiative petition; power to enact or reject - CA....................................577, 604 HR 111 --Chattanooga, Tennessee; state lease property to Southern Railway......................................................657, 709, 857, 945, 1315 HR 112 --Dalton, City of; convey property...................................658, 709, 857, 1026, 1562 HR 113 --Chancellor, Charlotte; compensate .............................658, 709, 1303, 1353, 1891 HR 114 --Rules of House; amend 107 ................................................................613, 954, 965 HR 115 --Sams, Dr. Ferrol; invite to House......................................................613, 638, 720 HR 116 --Moshell, Philip and Ann; invite to House........................................613, 638, 720 HR 117 --Georgia Citizens for the Arts; commend...........................................................635 HR 118 --Counties and municipalities; urban enterprise zones - CA.....................................................................................658, 709, 945 HR 119 --Keen, Floyd; compensate..............................................658, 709, 1189, 1354, 1891 HR 120 --Acworth, City of; grant easement ...............................706, 855, 1064, 1128, 1961 HR 121 --Sales and Marketing Executives-Atlanta; commend.......................................684 HR 122 --Atlanta Charter Review Study Committee; create.................................706, 855, 2616 INDEX 1190, 1538, 2064 HR 123 --John S. Davidson Fine Arts Magnet School; commend .................................694 HR 124 --Lazenby, Richard C.; commend .........................................................698, 954, 965 HR 125 --Health insurance; public school employees; retirees...............................706, 855 HR 126 --Rural electrification; commemorate 50th Anniversary...........................720, 934 HR 127 --Crawford, Chancellor Vernon; commend ..........................................................720 HR 128 --McCall, Tom; commend.......................................................................................720 HR 129 --Smith, Honorable Pauline; commend................................................................720 HR 130 --Lamar County High School Football Team; commend ..................................720 HR 131 --Harris, Roy V., Sr.; condolences.........................................................................720 HR 132 --Hixon, Coach Graham; recognize .......................................................................721 HR 133 --Jackson High School Lady Devils Softball Team; commend...........................................................................................721 HR 134 --Appling County Show Choir; commend............................................................721 HR 135 --Jackson, Honorable H. Calvin, M.D.; commend..............................................721 HR 136 --Barrow, Honorable John C.; commend..............................................................721 HR 137 --Firemen's Recognition Day; recognize...............................................................721 HR 138 --Lambert, Honorable E. Roy; commend.............................................................721 HR 139 --Southwell, Judge J.W.; recognize .......................................................................721 HR 140 --Hamilton, Honorable Grace Towns; recognize.................................................721 HR 141 --Tobie Grant Homework Library; recognize......................................................721 HR 142 --Briscoe, T.W. "Tom"; condolences ....................................................................721 HR 143 --Williams, Carvis P.; condolences........................................................................721 HR 144 --Johnson, Ben F.; recognize..................................................................................721 HR 145 --Harrison, Ernest W.; recognize...........................................................................721 HR 146 --Henderson, Honorable Zach S.; condolences....................................................722 HR 147 --Madison County High School Softball Team; commend ...............................722 HR 148 --Lavette, Robert; honor.........................................................................................722 HR 149 --Anderson, Virginia Tate; condolences ...............................................................722 HR 150 --Layson, Van; recognize.........................................................................................722 HR 151 --Krueger, Margaret M.; commend.......................................................................722 HR 152 --Cowart, Coach Roy J.; commend........................................................................722 HR 153 --Farmers; endangered species; urge Congressional action.........................................................................................722, 1315, 1669 HR 154 --Roadside vendors; regulate .......................................................................722, 1644 HR 155 --Wells, Dr. David; commend.................................................................................722 HR 156 --Scottish-American Heritage Center; recognize City of Shellman...........................................................................................722 HR 157 --Georgia Farm Bureau Day; proclaim February 7, 1985..................................722 HR 158 --Chubbs, Chief Deputy Eddie; commend...........................................................722 HR 159 --Treglown, Officer Larry "Butch"; commend....................................................722 HR 160 --Lumsden, Trooper First Class D. E.; commend...............................................723 HR 161 --Askew, Chief Willie; commend ...........................................................................723 HR 162 --Lemming, Sergeant George; commend..............................................................723 HR 163 --Godfrey, Officer John; commend........................................................................723 HR 164 --Jones, Captain George; commend ......................................................................723 HR 165 --I. M. Peeples Memorial Bridge; designate................................................850, 926 HR 166 --Textile and apparel imports; moderate growth; urge Congress................................................................................................817 HR 167 --Center for Rehabilitation Technology Study Committee; create ...........................................................850, 926, 2202, 2425 HR 168 --"Women's History Week"; designate 3/3/85............................................818, 934 HR 169 --Child Abuse Study Committee; create......................................................851, 926 HR 170 --Local Constitutional Amendments Overview Committee; create ..............................................................851, 926, 954, 1013, 1380, 1675 HR 171 --Governmental Liability Commission; create...........................................854, 926, 1305, 1478, 2064 INDEX 2617 HR 172 --Dooley, Coach Vince and others; invite to House.......................892, 1064, 1085 HR 173 --Boy Scouts of America; recognize on 75th Anniversary .................................892 HR 174 --Richard B. Neville Memorial Bridge; designate.....................................923, 952, 1307, 1443, 2064 HR 175 --Georgia Tech, recognize on 100th Anniversary; Pettit, Dr. Joseph, invite to House ............................939, 1190, 1298, 1380 HR 176 --Boney, Robert S.; commend...............................................................945, 945, 945 HR 177 --Georgia Special Olympics; honor.......................................................949, 954, 995 HR 178 --Cobb County; convey property.................................................................952, 1000 HR 179 --Georgia Recreation and Parks Society; commend...........................................966 HR 180 --Lambert, Honorable E. Roy; commend.............................................................966 HR 181 --Ward, Melanie; commend....................................................................................966 HR 182 --Carter, Frank L.; commend.................................................................................966 HR 183 --Farm foreclosures; moratorium; imposition............................................966, 1380 HR 184 --Cobb County Community School Program; commend ...................................966 HR 185 --Shepherd, James H., Jr.; commend....................................................................966 HR 186 --Railroad closing; service to certain cities ..........................................................966 HR 187 --Seaboard System Railroad; closing certain lines; expressing opposition...................................................................................966 HR 188 --Crowe, Dr. Hugh L.; recognize .................................................................966, 1047 HR 189 --Torts; structured settlements and awards; recommend .......................966, 2068 HR 190 --Health insurance; long-term care services; coverage .......................................966 HR 191 --Georgia Power Company; commend ..................................................................966 HR 192 --Georgia Congress of Parents and Teachers; commend...................................966 HR 193 --Hamby, M. L. "Shorty"; commend ....................................................................967 HR 194 --West Rome High School Football Team; commend .......................................967 HR 195 --Clarke Central High School Football Team; commend..................................967 HR 196 --Railroad closing; service to Ocilla, Georgia.......................................................967 HR 197 --Burns, Sheila and Kenneth A.; compensate................................999, 1033, 1550, 1603, 1963, 1975 HR 198 --Regulated telephone companies; services ...............................................995, 1837 HR 199 --Toombs Oak; University of Georgia campus; historical marker.................................................999, 1033, 1307, 1448, 1961 HR 200 --Charlie Kendrick Memorial Bridge; designate....................................lOOO, 1033, 1307, 1498, 2207 HR 201 --Hooks, Honorable and Mrs. George; congratulations on daughter's birth..........................................................................................1008 HR 202 --Ross, John; place portrait in State Capitol.........................................1031, 1063, 1462, 1598, 2064 HR 203 --Guess, George; place portrait in State Capitol ...................................1031, 1063, 1462, 1598, 2064 HR 204 --Carter, Bobbie; compensate ....................................................................1033, 1063 HR 205 --Wims, Kelly; commend......................................................................................1047 HR 206 --Oconee County; Intermediate school, elementary school, school superintendent, and board of education; commend..................................................................................1047 HR 207 --Hooper, Fred W. and Georgia Sports Hall of Fame; recognize...................!048 HR 208 --Young, Larry; condolences...................................................................-.............1048 HR 209 --Jones, Wilbur P.; condolences...........................................................................!048 HR 210 --Miller, Jeffrey Todd; commend........................................................................1048 HR 211 --Bentley, Camille; Miss Georgia 1984; congratulate.......................................1048 HR 212 --Conrad, Ted and Conrad, Ed; commend ........................................................1048 HR 213 --Independent Insurance Agents' Day; proclaim February 14, 1985.......................................................................-...............1048 HR 214 --Northeast Georgia Study; including Curry Creek Dam and Lake........................................................................l048, 1603, 2207 HR 215 --Dammann, David A.; commend........................................................................1048 2618 INDEX HR 216 --Employees of Department of Human Resources and ACTION, the National Volunteer Agency; commend..........................!048 HR 217 --Moore, Faye B.; commend.................................................................................!048 HR 218 --DeKalb Junior College; acquisition by University System of Georgia.............................................l061, 1098, 1463, 1608, 1962 HR 219 --Berrien County; convey property............................!062, 1098, 1368, 1538, 2064 HR 220 --Tybee Island, City of; convey property................................................l062, 1098, 1368, 1536, 1962 HR 221 --Rail Abandonment Study Committee; create ......................................1098, 1136 HR 222 --Moody, Honorable Lundsford; commend........................................................!085 HR 223 --Riden, W.W., Sr.; recognize contributions ......................................................1085 HR 224 --Hamby, Christine Carol; compensate.....................1062, 1098, 1550, 1602, 1964 HR 225 --Steadman, Dr. Henry E.; commend.................................................................1089 HR 226 --Todd, Tommy; invite to House....................................................l090, 1190, 1298 HR 227 --Joint House and Senate Utility Franchise Study Committee; create............................................................................!098, 1136 HR 228 --Smith, lan Scot; compensate ..................................................................1062, 1098 HR 229 --Boykin, Julia S.; compensate..................................................................!062, 1098 HR 230 --Youth Assembly; commend officials ................................................................1119 HR 231 --Special investigative grand juries; jurisdiction - CA...........................1133, 1188 HR 232 --DeKalb County; Land Use Study Commission; create......................H34, 1188, 1306, 1312, 1978, 1980 HR 233 --Uniform Opening Date for School Calendar Year Joint Study Committee; create ................................................................1136, 1188 HR 234 --Landrum, Honorable Phil; invite to House ...............................1172, 1368, 1383 HR 235 --Doctors Floyd Bridge; designate.............................1136, 1188, 1307, 1593, 2064 HR 236 --Captain William Cone Bridge; designate.............................................H36, 1188, 1307, 1595, 2207 HR 237 --Pardons and Paroles, State Board of; members' election..................1185, 1303 HR 238 --Highways; University of Georgia; directional signs.............................H85, 1303 HR 239 --Joint Land Use Planning Procedures Study Committee; create............................................................................1188, 1303 HR 240 --House Student Transportation Safety Study Committee; create.............................................................................H88, 1303, 1824, 2349 HR 241 --Fitzpatrick, Duress; commend ..........................................................................1296 HR 242 --Robert Bosch Foundation and Carl Duisberg Society; commend.......................................................................................1296 HR 243 --Fuqua, Rear Admiral Samuel Glenn; recognize.............................................1296 HR 244 --Heritage High School; commend......................................................................1296 HR 245 --Conyers Middle School; commend...................................................................1296 HR 246 --Edwards Middle School; commend..................................................................!296 HR 247 --Snyder, J. R.; commend.....................................................................................!296 HR 248 --Montgomery, Sidney Frank; commend ...........................................................1296 HR 249 --Youth Art Month in Georgia; relative to ........................................................1296 HR 250 --Barksdale Elementary School; commend.............-..........................................1296 HR 251 --Roswell Fire and Rescue Units; commend......................................................l296 HR 252 --Trion City School System; commend ..............................................................1297 HR 253 --Project TIP, Inc.; commend..............................................................................1297 HR 254 --Atlanta "Blue-Team" of National Survival Game; commend members ....................................................................................1297 HR 255 --Bethune, Mary McLeod; commend..................................................................!297 HR 256 --Pebblebrook High School Parent Teacher Student Association; commend ................................................................1297 HR 257 --Flexer, Honorable Winebert Dan II; condolences..........................................l297 HR 258 --Ostrander, Vita; commend.................................................................................l297 HR 259 --Ballou, L. Dennis; commend...................................................................l297, 1380 HR 260 --Georgia Medal of Honor; design and strike; INDEX 2619 authorization ..........................................................................1188, 1303, 1304 HR 261 --1984 Summer Olympic Games participants; invite to General Assembly ...................................................1318, 1462, 1496, 1644 HR 262 --Mingledorff, Walter Lee, Jr.; condolences ......................................................1342 HR 263 --Woodward Elementary School; commend.......................................................l342 HR 264 --Miller, M. L.; recognize......................................................................................!342 HR 265 --Stilson Elementary School; commend .............................................................1342 HR 266 --Abraham Baldwin Agricultural College; commend........................................1342 HR 267 --Whitlock, Ira; congratulate................................................................................!342 HR 268 --McEver, Jimmie; commend...............................................................................1342 HR 269 --Dobbs, Winston; condolences............................................................................!342 HR 270 --Chipman-Union, Inc.; commend.......................................................................!358 HR 271 --Balanced budget; amendment to U.S. Constitution; urge support.................................................................!302, 1366, 1551, 1598 HR 272 --Pardons and Paroles, State Board of; elect members.........................!302, 1366 HR 273 --Murphy, Eddie Brice; condolences..................................................,................1383 HR 274 --Elliott, Bill; invite to House.........................................................1383, 1851, 1917 HR 275 --Chatham County; convey property to Rita Shinall............................l366, 1461, 1462, 1578, 2064 HR 276 --Solar energy tax credits; extend..............................!366, 1461, 1551, 1569, 2065 HR 277 --House Law Enforcement Stress Management Study Committee; create............................................................................1366, 1461 HR 278 --Oconee, City of; relative to post office............................................................1383 HR 279 --Local option sales tax; educational purposes; property tax relief - CA..................................................................1460, 1550 HR 280 --Board of Regents, University System of Georgia; members' terms - CA ......................................................................1460, 1550 HR 281 --Bahai religious faith; condemn Iranian persecution ...........................1480, 2065 HR 282 --Long Distance Telecommunications Study Committee; create.............................................................................!460, 1550, 1710, 2096 HR 283 --Burtz, Michael G.; commend ............................................................................1496 HR 284 --Stone, lola; commend .........................................................................................1496 HR 285 --Greene, Lance; commend...................................................................................l496 HR 286 --The Thomaston Times; commend....................................................................H95 HR 287 --Luke Garrett Middle School; recognize...........................................................l496 HR 288 --Korean Association of the Greater Atlanta Area; recognize............................................................................................1496 HR 289 --Burnett, Robert Adair; commend.....................................................................l497 HR 290 --Radio Station WSFT; commend ......................................................................1497 HR 291 --CPR; encourage schools to expand program ..................................................1497 HR 292 --Flipper, Lt. Henry O.; commemorative postal stamp ...................................1497 HR 293 --Railroad closing; service to City of Alma-Bacon County .............................1497 HR 294 --Amtrak; urge continued operation ...................................................................1497 HR 295 --Medical assistance; eyeglass program; urge use of previous system..........................................................................................1497 HR 296 --Driving under the influence; prevention, education, and treatment; portion of fine or forfeiture - CA.......................1460, 1550 HR 297 --Telephone Center; express appreciation .........................................................1542 HR 298 --White, J. Dan; commend........................................................-..........................1542 HR 299 --House Feminization of Poverty Study Committee; create.............................................................................!549, 1626, 2202, 2400 HR 300 --Milam, Nita; invite to House .......................................................1568, 1696, 1696 HR 301 --Law Enforcement Officer Salary Incentive Study Committee; create............................................................................1549, 1626 HR 302 --Mary Persons High School Debate Team; commend....................................!597 HR 303 --Radio Station WTGA; commend...................................................-..................1597 HR 304 --Floyd, Patricia; commend................................................................,.................1597 2620 INDEX HR 305 --Upson County Vocational Technical School; commend ...............................1597 HR 306 --Singer, Billy and Richard; commend...............................................................1597 HR 307 --Barnesville Academy Warriors Football Team; commend...........................1597 HR 308 --American Medical Directors Association; commend .....................................1597 HR 309 --Dodd, Dr. William A.; recognize.......................................................................!597 HR 310 --Adjourn 3/1/85; reconvene 3/4/85 ..........................................................1604, 1813 HR 311 --Jordan, Mary Lou Holland; invite to House..............................l646, 1824, 1917 HR 312 --Carroll County; Government Authority Study Commission; create...........................................1625, 1708, 1824, 1833, 2068 HR 313 --Resource Conservation and Development Program; relative to.....................................................................................................!685 HR 314 --Upson Home Journal; commend ......................................................................1686 HR 315 --Turner, Sara Beth; commend............................................................................!686 HR 316 --Chestnutt, Lorinda; commend..........................................................................1686 HR 317 --North Whitfield Middle School; commend.....................................................!686 HR 318 --Dalton High School; commend.........................................................................1686 HR 319 --Zachert, Cora Harrison Massee; congratulate ................................................1686 HR 320 --Uniform Opening Date for School Calendar Year House Study Committee; create....................................................!625, 1708 HR 321 --Freemasonry; commend certain order.............................................................1686 HR 322 --Brown, Honorable Joe E.; commend................................................................l697 HR 323 --Olson, Dorothy Pitts; recognize........................................................................1697 HR 324 --Cross Keys High School DECA; commend.....................................................!697 HR 325 --House Ad Valorem Property Taxation Study Committee; create..................................................................................................!707, 1824 HR 326 --House Travel Industry Study Committee; create.............................................................................!707, 1824, 2202, 2398 HR 327 --Dodd, Coach Bobby; invite to House..........................................l808, 1824, 1917 HR 328 --Motor Transit Load Limitation Study Committee; create ................1707, 1824 HR 329 --House Diversion Centers and Halfway Houses Study Committee; create............................,...............................................1707, 1824 HR 330 --Colonel Mancel Newman Bridge; designate.........................................1880, 1950 HR 331 --Boards of education, election; school superintendents, appointment - CA ............................................................................1881, 1950 HR 332 --House Land Use Planning Procedures Study Committee; create..................................................................................................!881, 1950 HR 333 --Taiwan Provincial Assembly; invite to House...........................1897, 1951, 2068 HR 334 --Telephone Harassment Study Committee; create..............................,1881, 1950 HR 335 --Fleming, Charles E.; commend.........................................................................1916 HR 336 --Corpe, Dr. Raymond F.; commend...................................................................l919 HR 337 --Gist, Robert E.; commend.................................................................................1919 HR 338 --Hunsucker, Ms. Charlene; commend...............................................................1919 HR 339 --Barber, Honorable Mac; relative to .................................................................1919 HR 340 --Longhorn Steaks; commend ..............................................................................1919 HR 341 --Southeastern Province of Kappa Alpha PSI Fraternity; commend.................................................................................1919 HR 342 --Doorkeeper and assistant doorkeepers of House; commend........................!919 HR 343 --"Bach Around the Clock Day"; recognize March 23, 1985 ..........................1919 HR 344 --Golden, Jason; commend...................................................................................1919 HR 345 --Rutledge, Cindy; commend ...............................................................................1919 HR 346 --Pou, Dean Emily Quinn; recognize ..................................................................1919 HR 347 --Nussbaum, Herbert H.; condolences................................................................!919 HR 348 --Nelson, Margaret; commend .............................................................................1920 HR 349 --Williams, Garland H. "Bulldog"; commend ...................................................1920 HR 350 --School lunch program; federal support...........................................................1920 HR 351 --Pike County Journal and Reporter; commend...............................................1920 HR 352 --Wigington, Julie; commend ...............................................................................1920 INDEX 2621 HR 353 --Blatt, Michael; commend...................................................................................!920 HR 354 --Bentley, Willie B.; commend.............................................................................!920 HR 355 --Southern Legislative Conference and Southern Governors' Association; commend ...........................................................1920 HR 356 --New York Metropolitan Opera; commend......................................................1920 HR 357 --Georgia Correctional Officers' Week; recognize .............................................1920 HR 358 --Emergency care facility; urge in southeast DeKalb County ........................1920 HR 359 --Leslie, Detective Nathaniel; commend............................................................1920 HR 360 --Area Planning and Development Commission; relative to functions.................................................................................................1920 HR 361 --Smith, Joseph F.; condolences..........................................................................1920 HR 362 --Hospital Cost Containment Study Committee; create .............................................................................1881, 1950, 2202,2433 HR 363 --Counties and municipalities; water or sewage facilities; finance through Georgia Development Authority - CA .......................1950 HR 364 --House Study Committee on District Directors of County Departments of Family and Children's Services; create......................2069 HR 365 --Black, Katrina; commend..................................................................................2069 HR 366 --Cuttino, Dr. George Peddy; commend.............................................................2069 HR 367 --Watkins, Lemuel; commend..............................................................................2069 HR 368 --Wildlife Club of Evans County; commend .....................................................2069 HR 369 --Toote, Dr. Gloria; commend..............................................................................2069 HR 370 --College Bowl Team of Berry College; commend............................................2069 HR 371 --Deal, Kim; commend..........................................................................................2069 HR 372 --Wilkerson, William S. "Billy"; commend.......,................................................2069 HR 373 --Page Staff, House of Representatives; commend ..........................................2069 HR 374 --Nixon, Wiley, Mike Schreiner, Richard Knight, and Lanette Garrett; commend................................................................2069 HR 375 --McGarity, Honorable Edward E.; commend ..................................................2069 HR 376 --Cone, Jim; commend ..........................................................................................2069 HR 377 --Restaurants establishing nonsmoking areas; commend ................................2069 HR 378 --Smith, Honorable Charles L.; condolences .....................................................2070 HR 379 --Portman, John C., Jr.; commend......................................................................2070 HR 380 --Hardison, Dudley H. "Slick"; commend .........................................................2070 HR 381 --Bruner, William G. "Bill"; commend ..............................................................2070 HR 382 --Arnold, Jim; commend.......................................................................................2070 HR 383 --Thomson High School Bulldogs Football Team; commend.........................2070 HR 384 --Joiner, Dr. Hartwell; commend.........................................................................2070 HR 385 --Blankenship, Lewis Carroll; commend ............................................................2070 HR 386 --Berry College Lady Vikings Basketball Team; commend............................2070 HR 387 --Trinity Presbyterian Church; commend..........................................................2070 HR 388 --Medicare and Medicaid providers; recognize .................................................2070 HR 389 --Federal Medicaid expenditures; urge rejection of proposal to cap growth ..............................................................................2070 HR 390 --Stribling, Mary Emma; commend....................................................................2070 HR 391 --Rainwater, Doug and Shirley; commend.........................................................2070 HR 392 --Stafford, Reverend W.J.; commend .................................................................2071 HR 393 --Interstate highways; urge use by certain trucks ............................................2071 HR 394 --General revenue-sharing program; urge continuation...................................2072 HR 395 --Nunn, Marshall Cisero Family; commend ......................................................2072 HR 396 --Changes in the Domicile Insurance Companies Study Committee; create......................................................................................2099 HR 397 --County consolidation; remove referendum requirement - CA .............................................................................2046, 2202 HR 398 --Governor's Private Sector Survey Committee on Cost Control in State Government; create.............................................2103 HR 399 --Brooks, John J. "Bill"; commend.....................................................................2105 2622 INDEX HR 400 --Edwards, Jeanie; commend ...............................................................................2105 HR 401 --Hicks, Flora Garrison; commend......................................................................2105 HR 402 --Official State Museum of Natural History; establish ...................................2105 HR 403 --Green, Honorable Jack Powell; condolences...................................................2105 HR 404 --Plains, City of; 100th Anniversary; congratulate citizens.............................2105 HR 405 --Holliday, Cook; recognize ..................................................................................2105 HR 406 --Georgia Homecoming in 1988; recognize...............................................2105, 2463 HR 407 --Avondale Estates, City of; commend...............................................................2105 HR 408 --Metier High School Tiger Band; commend....................................................2105 HR 409 --Wood, Joe T., Jr.; commend .............................................................................2105 HR 410 --Save the Butterfly Day; recognize April 10 ....................................................2105 HR 411 --Strickland, J. Marvin; condolences ..................................................................2105 HR 412 --State Employees' Charitable Contributions Drive; commend participants ...............................................................................2176 HR 413 --Johnson, Albert Sidney; commend...................................................................2176 HR 414 --Logging Safety Study Committee; create ...................................2209, 2372, 2435 HR 415 --Former members; invite to House in 1986......................................................2209 HR 416 --Counties and municipalities; water or sewage facilities; contracts - CA............................................................................2202 HR 417 --Huddlestun, George deal; condolences...........................................................2209 HR 418 --Duncan, Horrie B.; commend ...........................................................................2234 HR 419 --Brewster, Honorable Phil; commend ...............................................................2356 HR 420 --Armstrong State College Vocal Chamber Ensemble; commend..................2356 HR 421 --Parkview High School; recognize......................................................................2356 HR 422 --Newsome, Booker T.; commend .......................................................................2356 HR 423 --Moore, William S.; commend............................................................................2356 HR 424 --Hill, Dr. Henry W.; commend...........................................................................2356 HR 425 --Jones, General Albert B.; commend.................................................................2356 HR 426 --East Hall County High School Girls' Basketball Team; commend .....................................................................2356 HR 427 --Thornbury, Chris; commend .............................................................................2356 HR 428 --Gainesville High School Boys' Basketball Team; commend .........................................................................................2356 HR 429 --Phillips, Mary Ida Carpenter; commend.........................................................2356 HR 430 --Mandrell, Barbara; recognize ............................................................................2356 HR 431 --Mitchell, Honorable Tom; commend ...............................................................2356 HR 432 --Anderson, Honorable L.C. "Colonel"; honor ..................................................2357 HR 433 --Vaughn, Steven D.; condolences.......................................................................2357 HR 434 --Money, Honorable Jerry High; wish speedy recovery...................................2357 HR 435 --Murray County High School Football team; commend................................2357 HR 436 --Barrett, Ernest; commend .................................................................................2357 HR 437 --Murray County High School Wrestling team; commend .............................2357 HR 438 --Hawthorne, H.L. "Bud"; commend..................................................................2357 HR 439 --Veterans; dioxin or radiation exposure; praise Congressional Act.......................................................................................2357 HR 440 --Chiropractic profession; relative to ..................................................................2357 HR 441 --Moore, David L.; commend ...............................................................................2357 HR 442 --Peters, Honorable Robert G.; congratulate.....................................................2373 HR 443 --Ferguson, Lucy Ricketson; recognize ...............................................................2375 HR 444 --General Assembly provide by law; reprieves, pardons and paroles, commutation of penalties, remission of sentences, and suspension of death sentence - CA..............................2202 HR 445 --Indemnification; district attorneys; apprehension of criminal ...................................................................................................2202 HR 446 --Robinson, Betty Jane; commend ......................................................................2375 HR 447 --Woodruff, Robert W.; condolences...................................................................2427 HR 448 --Godfrey, Jana, and Swinson, Mike; commend ...............................................2427 INDEX 2623 HR 449 --Currie, Betty Jo; recognize................................................................................2427 HR 450 --Richardson, Major William Floyd; condolences.............................................2428 HR 451 --Decatur Civic Chorus; commend ......................................................................2428 HR 452 --Parham, Honorable Bobby Eugene; commend...............................................2452 HR 453 --Adjourn sine die; March 8, 1985 ............................................................2457, 2460 PART IV SENATE BILLS IN HOUSE SB 2 --Judges and employees; liability insurance; provide coverage ..........................................................................718, 866, 926 SB 3 --Municipal governing authority; members' terms......................................................................................268, 269, 302, 578 SB 5 --Insect stings; treatment with epinephrine...................................1045, 1200, 1303 SB 6 --Mentally ill persons; emergency care ................................................580, 671, 709, 2046, 2336, 2465 SB 7 --Magistrate Court; civil actions; service of process ............................................................719, 867, 926, 1951, 2310, 2466 SB 9 --State officers and employees; engage in political activities .........................................................268, 269, 302, 2202, 2394, 2465 SB 10 --Private Employment Agencies Act; repeal ...............................................421, 422, 460, 1305, 1688 SB 11 --Industry and Trade; accept gifts and donations; lease agreements ...........................................268, 269, 302, 1000, 1864, 1963 SB 12 --Certain labor departments; eliminate statutory requirement ............................................306, 306, 417, 1305, 1676 SB 13 --Alcoholic beverages; age for purchasing ............................................464, 671, 709 SB 14 --Boilers and pressure vessels; safety rules .................................................464, 671, 709, 1000, 1051 SB 15 --Elevators or escalators; date of inspections..............................................464, 672, 709, 1000, 1052 SB 16 --Animal injuries; owner liable................................581, 672, 709, 2047, 2234, 2463 SB 17 --Civil practice; limitation; time for filing...........................................581, 672, 709, 1189, 2023, 2207 SB 19 --Polygraph examiners; regulate ......................................306, 306, 417, 1461, 2026, 2100, 2106, 2197, 2220, 2376, 2463 SB 20 --Handicapped persons; access to public buildings........................................................474, 672, 709, 1064, 1111, 1165, 1324, 1381, 1497, 2437, 2457 SB 22 --Handicapped persons; Human Resources provide services ........................................................................................934, 962, 1000 SB 23 --Marietta, City of; corporate limits.....................................................235, 236, 265, 2047, 2050, 2208 SB 24 --Judicial circuits; judge employ court administrator ................................................................................306, 307, 417 SB 25 --Veterinarians; license renewal ............................................268, 269, 302, 604, 845 SB 26 --Aggravated battery upon correctional officer; define ........................................................................464, 672, 709, 1368, 1676 SB 27 --Correctional officers; witness fees....................................465, 672, 709, 857, 1172 SB 28 --Counties and municipalities; short-term indebtedness...............................................................................934, 962, 1000 SB 29 --Driving under the influence; second suspension; 2626 INDEX alcohol education program...................................................1046, 1200, 1303 SB 30 --Law enforcement officers; compensation for attendance; driving under the influence hearing ........................................864, 867, 926, 1709, 2309, 2465 SB 32 --Respiratory Care Practices Act; enact ...............................................465, 673, 709 SB 33 --Driving under the influence; nolo contenders plea; requirements ................................................................1563, 1620, 1626, 1709 SB 34 --Elections; location of voter registration cards ..................................268, 269, 302 SB 35 --Driver's license restoration; certain courses; reciprocity ..........................................................1078, 1200, 1303, 1626, 2007 SB 39 --Baldwin County; superior court clerk; compensation...............................................................236, 236, 265, 663, 669 SB 40 --Baldwin County; probate judge; compensation .......................................236, 237, 265, 663, 669 SB 41 --Baldwin County; tax commissioner; compensation.................................236, 237, 265, 663, 669 SB 42 --Firemen; false representation; prohibit.....................................................961, 962, 1000, 1705, 2013 SB 43 --Sheriffs; salary ..................................................................611, 673, 709, 1034, 1349 SB 44 --Mclntosh County; industrial Development Authority; creation; extend Constitutional Amendment..................................236, 237, 265, 304, 304 SB 45 --Driver's license; access to record; certain persons ..........................................................................1045, 1201, 1303, 1951 SB 46 --Wills; probate in solemn form; beneficiaries.....................................580, 673, 709 SB 48 --State courts; juries; uniform procedures .................................719, 867, 926, 1709 SB 53 --Indemnification; law enforcement officer, fireman, guard; application .................................961, 962, 1000, 1705, 2011 SB 54 --Public officials and employees; contracts with agencies; exception..............................................670, 867, 926, 1359, 1687 SB 55 --Prisoners; parole supervision fees ....................................465, 673, 709, 857, 2175 SB 57 --Pharmacy robbery; theft of controlled substance............................................................1378, 1381, 1461, 1705, 2019 SB 59 --Wastewater treatment plant; definition........................670, 867, 926, 1710, 1871 SB 60 --Health insurance; group plans; grace period...............................H43, 1201, 1303 1709, 2014, 2208 SB 61 --Superior court judges; secretaries' salary .........................................306, 307, 417, 1708, 2020, 2208 SB 62 --Lotteries; chain letter or pyramid club.............................................864, 867, 926, 1063, 2003, 2234, 2312, 2374, 2389, 2414, 2466 SB 65 --Branch banking; metropolitan statistical area; define ........................................................1010, 1010, 1033, 1708, 1981, 2001 SB 66 --Superior court clerks; liens; certain information .............................................................................1378, 1381, 1461 SB 68 --Exit poll; prohibit within 250 feet of polling places.................................................611, 673, 709, 1190, 1813, 1892 SB 70 --Alcoholic beverages; sales on election day; repeal provision............................................................................866, 867, 926 SB 73 --Probate court judge; serve as magistrate; compensation................................................................................611, 673, 709 SB 74 --Victim of crime; present at trial..................................................1197, 1201, 1303, 1818, 2040, 2208 SB 75 --Sentencing; victim impact statement........................................................580, 673, 709, 1189, 1693, 1839 SB 77 --Libel actions; evidence ..............................................................671, 868, 926, 1189, 1942, 2002, 2023, 2089, 2186 SB 78 --Legal advertisements; rates ....................................................961, 963, 1000, 1189, INDEX 2627 1941, 1965, 2193 SB 79 --Sexual offenses; exploit child; reports by film processors .......................................................................1009, 1011, 1033 SB 82 --Quality Basic Education Act; enact............................934, 963, 1000, 1304, 1383, 1470, 1496, 1596, 1673, 2113, 2209 SB 83 --Judicial circuits; compensating more than one law clerk.................................................................................611, 674, 709 SB 84 --Residents absent from certain facilities; missing person .........................................................465, 674, 709, 1063, 1686 SB 86 --Bail; controlled substances........................................H97, 1201, 1303, 1709, 2324 SB 87 --Magistrate courts; postjudgment discovery......................................580, 674, 709, 1709, 1856, 1964 SB 88 --Magistrate courts; deputy clerks sign summons .............................580, 674, 709, 1818, 2007, 2208 SB 89 --Uniform Rules of the Road; amend provisions ..........................1378, 1381, 1461 SB 90 --Habeas corpus; judge hold proceeding at institution ......................................................465, 674, 709, 1368, 1691, 1839 SB 91 --Contracts; retainage amount ..............................960, 963, 1000, 1306, 1682, 1839 SB 92 --Funeral directors; examination; amend provisions .................................................................611, 674, 709, 1063, 1684 SB 94 --Bait shrimping; nets ..............................................671, 868, 926, 1304, 1821, 1891 SB 95 --Council of Superior Court Judges of Georgia; create.........................................................................719, 868, 926, 1063, 2183 SB 98 --Burning woods, lands, marshes, and other areas; notify forest ranger................................................................!046, 1201, 1303 SB 101 --Civil practice; judgment by default..............................................!470, 1471, 1550 SB 102 --Amusement Ride Safety Act; enact ....................719, 868, 926, 1820, 1925, 2066 SB 105 --General Assembly; retirement; creditable service ............................581, 674, 709 SB 107 --Marietta, City of; de-annex certain property....................................464, 675, 709 SB 108 --Gasoline marketing practices; Below Cost Sales Act ......................................................961, 963, 1000, 1359, 1820, 1891 SB 110 --Mentally incompetent persons; sterilization..............................1045, 1201, 1303, 1709, 1859, 1964 SB 111 --Utilities; nuclear generating plants; costs...............................720, 868, 926, 1189 SB 112 --Fiduciaries; certain investments ...................................................1045, 1201, 1303 SB 113 --State employees; flexible employee benefit plan........................!046, 1202, 1303 1817, 1894, 2067 SB 114 --Fire safety inspections; hospitals; state fire marshal........................................................H44, 1202, 1303, 1705, 2098 SB 115 --Motor vehicles; emission inspection; amend provisions .......................................................671, 868, 926, 1852, 1929, 2067 SB 116 --Baldwin County; ad valorem tax; exemption...................................580, 675, 709, 1307, 1906, 2067 SB 117 --Milledgeville, City of; amend charter.................................................580, 675, 709 SB 119 --Counties; public buildings; inspection by grand jury...........................................................!009, 1011, 1033, 1597, 2311 SB 121 --Education; surrogate parents; immunity from liability.....................................................................719, 868, 926, 1063, 1691 SB 122 --Driving under the influence; arrests; bail prohibitions.............................................................................!563, 1620, 1626 SB 123 --Magistrate courts; cash bonds; certain violations....................................864, 869, 926, 1709, 1854 SB 125 --Motor vehicle insurance; counties and municipalities............................961, 963, 1000, 1189, 1690 SB 127 --Corporations; venue in actions .................................1359, 1382, 1461, 1951, 2101 SB 129 --Criminal procedure; guilty but mentally ill ...................................962, 963, 1000, 1189, 1914, 2067 2628 INDEX SB 130 --Fair Business Practices; copies of pleadings ............................................719, 869, 926, 1306, 1855 SB 131 --Insurance fraud; definition.................................................H44, 1202, 1303, 2090, 2221, 2319, 2320, 2465 SB 132 --Indigent pregnant women; hospital care .....................................1642, 1645, 1708 SB 133 --Stone Mountain Memorial Association; police powers...........................864, 869, 926, 1368, 1818, 1892 SB 134 --County boards of health; certain consolidated government; services.........................................!045, 1202, 1303, 1705, 2009 SB 135 --Stolen vehicles; proof of ownership; return..........................................1316, 1317, 1366, 1808 SB 136 --Bank holding companies; regulations; non-Georgia banks; representative offices .........................................................1145, 1202, 1303, 1550, 1851, 1963 SB 137 --Financial institutions; certain orders; compliance..........................................................H97, 1202, 1303, 1550, 1822 SB 138 --Electronic banking; checks and money orders...........................l!97, 1202, 1303, 1550, 1854, 1963 SB 139 --Nursing homes; barber and beauty services ..................................961, 964, 1000, 1304, 1810, 1892 SB 140 --Abandoned property; time for filing claims...............................!046, 1203, 1303, 2047, 2228, 2466 SB 141 --Pike County; probate court judge; nonpartisan election ..........................................................................................669, 869, 926 SB 142 --Spalding County; probate court judge; nonpartisan election ..........................................................................................669, 869, 926 SB 144 --African Development Bank; certain investments.......................l563, 1620, 1626 SB 145 --State Personnel Board; certain committees; review rules...................................................................................865, 869,926 SB 146 --Crimes and offenses; sale of human body parts.............................961, 964, 1000 SB 147 --Controlled substances; Cocaine Task Force...............................ll97, 1203, 1303, 2317, 2457, 2465 SB 148 --Transportation, Department of; contract; bids .........................1145, 1203, 1303, 1882, 2011, 2196, 2458 SB 149 --General Assembly members; travel expenses.............................!078, 1203, 1303, 1710, 1848, 1964 SB 150 --Annexation; municipal corporations; 100% of landowners....................................................................................836, 869, 926 SB 153 --Mentally ill persons; involuntary hospitalization........................................................................H45, 1203, 1303 SB 154 --Cosmetology; revise provisions.......................!010, 1011, 1033, 1807, 2184, 2208 SB 155 --Georgia Building Authority Police; provide .........................................1009, 1011, 1033, 1462, 1676 SB 157 --Youthful Offender Act of 1972; revise provisions ...................................961, 964, 1000, 1368, 1872 SB 158 --Agriculture; grain dealers; licensing.................................865, 870, 926, 953, 1018 SB 159 --Warehouse licenses; expiration date................................865, 870, 926, 953, 1019 SB 160 --Workers' compensation; amend provisions ................................1200, 1203, 1303, 2319, 2404, 2453, 2454 SB 161 --Workers' compensation; reimbursement; health care providere.............................................................l200, 1204, 1303 SB 162 --Workers' compensation; hearings; time Iimitation.....................l200, 1204, 1303 SB 163 --Workers' compensation; benefits; time for payment...................................................................................l200, 1204, 1303 SB 164 --Uniform Enforcement of Foreign Judgments Law;enact...............................................................................l046, 1204, 1303 SB 165 --Schools; scoliosis screening; notices....................................................... 1046, 1204, INDEX 2629 1303, 1551, 1816 SB 166 --Certain controlled substances; possession, trafficking; penalty ...........................................1009, 1011, 1033, 1709, 2335 SB 167 --Wilkes County; education districts..............................933, 964, 1000, 1138, 1139 SB 168 --Fulton County; voter registration; post card..............................1010, 1011, 1033 SB 169 --Civil practice; computation of time.............................................1105, 1204, 1303, 1951, 2307, 2465 SB 170 --Medical malpractice; limitation of actions.................................!078, 1205, 1303, 1951, 2176, 2199, 2211, 2318, 2319, 2333, 2464 SB 171 --Downtown LaGrange District; change limits ...........................................862, 870, 926, 1099, 1103 SB 172 --Ocmulgee Judicial Circuit; court reporters; compensation .........................................................933, 964, 1000, 1099, 1103 SB 173 --Civil cases; order for trial; elderly......................................!010, 1012, 1033, 1306 SB 175 --Muscogee County; school board election; referendum ....................862, 870, 926 SB 177 --Dade County; Water and Sewer Authority; revenue bonds..........................................................862, 870, 926, 1064, 1074 SB 178 --Baldwin County; state court; judge and solicitor ....................................863, 870, 926, 1463, 1466, 1839 SB 179 --Calhoun County; commissioners; chairman's compensation...........................................................863, 871, 926, 1064, 1075 SB 181 --Courts; domestic relations case; arrest for contempt...........................................................................H45, 1205, 1303 SB 182 --Handicapped parking; violations; towing expenses.............................1603, 1621, 1626, 1951, 2341, 2466 SB 183 --Appeals; superior court; term for trial.........................................1563, 1621, 1626 SB 184 --Macon County Industrial Building Authority; extend Constitutional Amendment......................863, 871, 926, 1064, 1075 SB 185 --Osteopathic colleges; grants for attendance .........................................1181, 1205, 1303, 1628, 1808 SB 186 --Northeastern Judicial Circuit; add judge....................................1010, 1012, 1033 SB 188 --Griffin-Spalding County Development Authority; extend Constitutional Amendment......................863, 871, 926, 1064, 1075 SB 189 --Coweta County; probate judge; nonpartisan election......................863, 871, 926 SB 191 --Living wills; certain form ..........................................1181, 1205, 1303, 1705, 2194 SB 193 --Wilkinson County; superior court clerk; compensation..............................................................................933, 964, 1000 SB 194 --Wilkinson County; sheriff; compensation and personnel .............................................................................933, 964, 1000 SB 195 --Wilkinson County; tax commissioner; compensation and personnel.............................................................................933, 965, 1000 SB 196 --Wilkinson County; probate judge; compensation...........................933, 965, 1000 SB 197 --Wilkinson County; magistrates; compensation ........................................934, 965, 1000, 1099, 1104 SB 199 --Tax collectors and tax commissioners; minimum salaries............................!078, 1205, 1303, 1708, 1853, 1964 SB 200 --Post-mortem Exam; death of hospice patient .....................................1197, 1205, 1303, 1709, 2098 SB 202 --Georgia State Guard; change name to State Defense Force....................................................1181, 1205, 1303, 1704, 1812 SB 204 --Insurance coverage; blind persons; certain prohibitions........................................................H06, 1206, 1303, 1709, 1905 SB 205 --Stone Mountain Memorial Association; membership.........................1106, 1206, 1303, 1368, 1894 SB 207 --County boards of education; chairman; selection................................1603, 1621, 1626, 1708, 1941 SB 208 --Estates; appraisement of property.....................................1316, 1317, 1366, 1951 2630 INDEX SB 210 --Cave entry; owner's written permission......................................1046, 1206, 1303, 1808, 2185, 2208 SB 211 --Alimony; modify judgment..................................................l316, 1317, 1366, 1705 SB 212 --Criminal trespass; private property; weapons.............................1604, 1621, 1626 SB 213 --Emergency Management Division; Department of Defense; executive director..............................H97, 1206, 1303, 1704, 1911 SB 214 --Transportation of Hazardous Materials Act; new Code Chapter ............................................1604, 1621, 1626, 1951, 2393 SB 216 --Bank holding companies; subsidiaries; acquisition of branches.........................................................H45, 1206, 1303, 1550, 1894 SB 217 --Correctional institutions; violent death of inmate; notify GBI...............................................................................1198, 1206, 1303 SB 218 --Rockdale County; sheriff; employees ..........................................1075, 1206, 1303, 1627, 1640, 1839 SB 219 --Drug dependency or abuse; treatment programs; license...................1198, 1207, 1303, 1705, 1900 SB 220 --Boundaries; coordinate system; amend provisions..............................1106, 1207, 1303, 1710, 1924, 2068 SB 221 --Fulton County; board of health; create.................................................!312, 1317, 1366, 1597, 1906 SB 224 --Employees Retirement System; certain crimes; limit creditable service..............................................l471, 1471, 1550, 2101, 2351, 2403, 2414, 2454, 2455, 2456, 2464 SB 226 --Cobb County; sheriffs chief deputy; salary .........................................1105, 1207, 1303, 1627, 1641 SB 227 --DeKalb County; board of education; compensation ...........................1469, 1471, 1550, 2203, 2204 SB 228 --Local government; audits; amend provisions....................1145, 1207, 1303, 1531 SB 230 --Cobb County; board of education; compensation................................H05, 1207, 1303, 1881, 1884, 1964 SB 232 --Timber sales; purchaser furnish certain information..........................!378, 1382, 1461, 1710, 1913, 2068 SB 233 --Community care; lead agencies; services .....................................1198, 1207, 1303 SB 234 --Civil practice; action on behalf of infant; bond...................................!378, 1382, 1461, 1808, 1917, 2068 SB 235 --Health insurance; optional provisions; policy language ............................................................1198, 1207, 1303, 1709 SB 236 --Macon County Commission; districts and members...........................1140, 1208, 1303, 1552, 1560 SB 237 --Cobb County; community improvement districts ...............................1140, 1208, 1303, 1627, 1641 SB 240 --Criminal trespass; damage to property.................................................1378, 1382, 1461, 1808, 1900 SB 243 --Billiard rooms which serve food; delete alcoholic beverage prohibitions.......................................1604, 1622, 1626, 2195, 2453 SB 244 --Wayne County; state court judge and solicitor; compensation .....................................................1195, 1208, 1303, 1463, 1467 SB 245 --Lafayette, City of; elected offices ............................1316, 1317, 1366, 1463, 1467 SB 246 --Chatham County; magistrate court; judge............................................!377, 1382, 1461, 1552, 1560 SB 249 --Probate court; chief clerks; appointment ....................................1563, 1621, 1626 SB 250 --Macon County; board of education; provide........................................!377, 1382, 1461, 1627, 1641 SB 251 --Dawson County Industrial Building Authority; extend Constitutional Amendment................1470, 1471, 1550, 1711, 1725 SB 252 --Post-mortem Exam; suspicious death; coroner's duties .....................1604, 1622, 1626, 2046, 2223, 2466 INDEX 2631 SB 253 --Law Enforcement Officer Appreciation Day; February 10th....................................................l604, 1622, 1626, 1705, 1916 SB 254 --Bloomingdale, City of; election of vice mayor .....................................1470, 1471, 1550, 1711, 1725 SB 255 --Bryan County; license fees; unincorporated area................................1470, 1471, 1550, 2047, 2051 SB 256 --Boll weevil; eradication ...................................1470, 1472, 1550, 1704, 1901, 2067 SB 257 --Insurance Code; amend provisions..............................................1563, 1621, 1626, 1817, 1911, 2067 SB 258 --Alcoholic beverages; sales by drink; prohibit special prices ..........................................................................1642, 1645, 1708 SB 259 --Morgan County; magistrate court clerk; selection..............................................................!377, 1382, 1461, 1824, 1833 SB 260 --Milledgeville, City of; certain city officials; terms.........................................l470, 1472, 1550, 1711, 1725, 1892 SB 262 --Local governments; revenue bonds; investment of proceeds..............................................................l471, 1472, 1550, 1708, 2095 SB 263 --Public Service Commission; nuclear generating plants; prudency determination .......................................................1642, 1645, 1708 SB 264 --Piedmont Judicial Circuit; add judge..........................................1642, 1645, 1708 SB 267 --Pharmacists; continuing education...............................................1642, 1645, 1708 SB 268 --Food service establishments; define and regulate...............................................................l642, 1645, 1704, 1708, 2193 SB 269 --Industrial Authority; revenue bonds, notes, or other obligations; issuance...................................................1642, 1646, 1708, 1917, 2090, 2099, 2110, 2207, 2210 SB 270 --Jesup, City of; mayor and commissioners; elections...........................1596, 1622, 1626, 1711, 1727, 2464 SB 271 --Glynn County; board of education; compensation..............................1835, 1840, 1881, 1951, 1954 SB 272 --Glynn County; sheriff; automobiles..................................1886, 1945, 1950, 2047, 2051, 2103, 2176, 2197, 2221 SB 274 --Cobb County; commissioners; compensation .......................................1886, 1945, 1950, 2047, 2052, 2208 SB 275 --Cobb County; tax commissioner; compensation.........................1887, 1945, 1950 SB 276 --Cobb County; probate judge and clerk; compensation.......................1887, 1945, 1950, 2203, 2204 SB 278 --Dawson County; commissioner; compensation.....................................1887, 1945, 1950, 2047, 2052, 2209 SB 279 --Union City, City of; municipal court; associate judge ........................................................................................1887, 1946, 1950 SB 280 --Senoia, City of; corporate Iimits...............................l887, 1946, 1950, 2047, 2053 SB 281 --Etowah Water and Sewer Authority; revenue bonds..........................!887, 1946, 1950, 2047, 2053 SB 282 --Dawson County; license fees; unincorporated area....................!887, 1946, 1950 SB 283 --Woodstock, City of; corporate boundaries............................................!886, 1946, 1950, 2047, 2053 SB 284 --Byromville, Town of; new charter............................!886, 1946, 1950, 2047, 2054 SB 285 --Cobb Judicial Circuit; judges' retirement; certain expenses.....................................................................!954, 2042, 2046 SB 286 --Smyrna, City of; mayor and council........................!886, 1946, 1950, 2047, 2054 SB 287 --Powder Springs, City of; mayor; powers and duties ...............................................................................1977, 2043, 2046 SB 288 --DeKalb County; education districts; extend Constitutional Amendment.............................1978, 2043, 2046, 2203, 2205 SB 289 --DeKalb County; educational tax; extend Constitutional Amendment.............................1978, 2043, 2046, 2203, 2205 PART V SENATE RESOLUTIONS IN HOUSE SR 2 --Notify House; Senate convened ......................................................................15, 15 SR 4 --Baldwin County; convey property .......................236, 237, 265, 1368, 1871, 1965 SR 5 --General Assembly; members' terms - CA..........................................268, 269, 302 SR 6 --Horace "Gus" Layson Memorial Bridge; designate ................................306, 307, 417, 955, 1015 SR 8 --Staffing in Mental Health Facilities Joint Study Committee; create ......................................................1079, 1208, 1303 SR 9 --Baldwin County; convey property to General Telephone Company ....................................236, 237, 265, 1368, 1689, 1839 SR 10 --Milledgeville, City of; convey property ..................................236, 237, 265, 1064, 1171, 1732, 1923, 1979, 2087 SR 12 --Counties and municipalities; short-term debt; taxable property - CA...............................................................962, 965, 1000 SR 13 --Public officials; felony indictment; remove from office - CA...........................................................................422, 422, 460 SR 14 --U. S. Senators and Representatives; vary compensation; certain prohibitions...........................................268, 269, 302 SR 17 --Joint Small Businesses in Georgia Study Committee; create ........................................................1047, 1208, 1303, 1626, 2016, 2208 SR 18 --Southern Regional Education Compact; admit Oklahoma....................611, 675, 709, 1137, 1676 SR 22 --Victims of crime; Pardons and Paroles allocate funds - CA............................................................................466, 675, 709, 857 SR 27 --Camden County; convey property...........................................466, 675, 709, 1368, 1819, 1876, 1924 SR 28 --Hyder, Coach Nick and Valdosta High School Football Team; commend...................................................................!83, 184 SR 31 --Antebellum Trail; designate ................................................................268, 270, 302 SR 33 --I. M. Peeples Memorial Bridge; designate................................................611, 675, 709, 955, 1025 SR 41 --Bartow County; convey property ...................................671, 871, 926, 2011, 2348 SR 44 --State Capitol; bust of Sidney Lanier.............................612, 676, 709, 1710, 1847 SR 46 --State departments; General Assembly veto rules and regulations - CA...................................................................865, 871, 926 SR 50 --Calhoun, City of; convey property ............................................466, 676, 709, 825, 1368, 2174, 2209 .SR 52 --Chatham County; grant easement to Savannah..............................466, 676, 709, 1064, 1146, 1317 SR 83 --Murder; life sentence; prohibit parole - CA......................................719, 871, 926 SR 91 --Right whale; state marine mammal.........................l010, 1012, 1033, 1304, 2042 SR 92 --Counties and municipalities; public facilities; voter approval - CA...............................................................1047, 1208, 1303 SR 93 --Regulated telephone companies; services....................................1047, 1208, 1303 2634 INDEX SR 94 --Joint Public Utility Rate-making Process Study Committee; create ........................1079, 1208, 1303, 1626, 1865, 2006, 2078 SR 96 --Milledgeville, City of; convey property........................................!047, 1209, 1303 SR 102 --Glynn County; convey property; St. Simon's Island...........................l047, 1209, 1303, 1368, 1817 SR 106 --Emanuel County; convey property ..........................1047, 1209, 1303, 1368, 1914 SR 118 --Corridor Z Highway Name Study Committee; create ........................1106, 1209, 1303, 1627, 2091, 2209 SR 139 --Parker, Patty; commend...........................................................................!010, 1048 SR 154 --Federal Marketing and Bargaining Act; urge enactment .....................................................................1470, 1472, 1550, 1704 SR 158 --Georgia War Veterans Home; urge additional appropriation ...............................................................1470, 1472, 1550, 1704 SR 167 --Ostrander, Vita; commend.......................................................................1199, 1297 SR 168 --Brantley County; convey property...........................!643, 1646, 1708, 2011, 2373 SR 169 --Adjourn 2/22/85; reconvene 2/25/85 .......................................................1181, 1297 SR 176 --Georgia Medal of Honor; design and strike; authorization......................................................!562, 1622, 1626, 1704, 1809 SR 184 --District of Columbia; representation; ratify amendment to U.S. Constitution ...................1837, 1840, 1881, 1910, 2375 SR 190 --Vietnam War; prisoners of war and persons missing in action; resolve certain issues.......................................2068, 2072 SR 195 --Jeff Davis High School Drama Team; commend .................................1562, 1597 SR 208 --Anderson, David Clifton; condolences..........................-.........................1596, 1597 SR 246 --Adjourn 3/6/85; reconvene 3/8/85 ...........................................................2101, 2106