Compiler's Note The Journal of the House of Representatives regular session of 1986 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume. Volume I contains January 13, 1986 through February 20, 1986. Volume II contains February 24, 1986 through March 7, 1986 regular session. JOURNAL OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA AT THE REGULAR SESSION Commenced at Atlanta, Monday, January 13, 1986 and adjourned Friday, March 7, 1986 VOLUME I 1986 Atlanta, Ga. OFFICERS OF THE HOUSE OF REPRESENTATIVES 1985-1986 THOMAS B. MURPHY .......................................................................Speaker 18th DISTRICT, HARALSON COUNTY JACK CONNELL .................................................................Speaker Pro Tern 87th DISTRICT, RICHMOND COUNTY GLENN W.ELLARD................................................................................Clerk HABERSHAM COUNTY L. G. GILSTRAP.......................................................................Assistant Clerk HALL COUNTY AMELIA SMITH......................................................................Assistant Clerk FULTON COUNTY ELMOREC. THRASH.....................................................................Messenger LOWNDES COUNTY BEN JESSUP ...................................................................................Doorkeeper BLECKLEY COUNTY EDWARD C. MOSES...........................................................Sergeant-at-Arms MONTGOMERY COUNTY MONDAY, JANUARY 13, 1986 HOUSE JOURNAL Representative Hall, Atlanta, Georgia Monday, January 13, 1986 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. Prayer was offered by the Reverend Ronald Bryan Jackson, Sr., Pastor, First Baptist Church, Bremen, Georgia. The following communications were received and read: THE STATE OF GEORGIA EXECUTIVE ORDER BY THE GOVERNOR: WHEREAS: A vacancy now exists in the House of Representatives of the General Assembly of Georgia by reason of the death of Honorable Joe E. Brown, the member of the House of Representatives from District 154; and WHEREAS: Article V, Section II, Paragraph V of the Constitution of Georgia provides that the Governor shall issue writs of election to fill all vacancies that may occur in the Senate and House of Representatives; and WHEREAS: Section 21-2-544 of the Georgia Election Code provides that a special election to fill vacancies for members of the General Assembly shall take place under the authority of a writ of election issued by the Governor to the Secretary of State; and WHEREAS: Said Code Section further provides that said special election shall be held on a date named in the writ of election issued by the Governor, which date shall not be less than thirty nor more than sixty days after the issuance of said writ. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY ORDERED: That a writ of election to fill the vacancy in the House of Representatives from Representative District 154 be and the same is hereby issued to the Secretary of State. IT IS FURTHER ORDERED: That said special election to fill the vacancy in the House of Representatives from District 154 shall be held on the 20th day of August, 1985, pursuant to the Constitution and Laws of the State of Georgia. This 1st day of July, 1985. JOURNAL OF THE HOUSE, ATTEST: /s/ Tom Perdue CHIEF ADMINISTRATIVE OFFICER /s/ Joe Frank Harris GOVERNOR Secretary of State Elections Division 110 State Capitol Atlanta, Georgia 30334 September 12, 1985 The Honorable Glenn W. Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Mr. Ellard: I am transmitting herewith the name of the Representative elected in the September 10, 1985 Special Runoff Election for the office of State Representative in the General Assembly of Georgia from the 154th District, as the same appear from the consolidated returns which are of file and record in this office. With kindest regards and best wishes, I am Most sincerely, Is/ Max Cleland Secretary of State MC:FSD:bt Enclosure State of Georgia Office of Secretary of State I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the con solidated returns on file in this office for the Special Election held on the 20th day of August, 1985 in District 154 of the State House of Representatives, in Liberty County, to fill the vacancy existing by the reason of the death of the Honorable Joe E. Brown, show the following results: Buddy DeLoach------------------------846 James M. "Jimmy" Floyd --------------------1314 Bob Pirkle ----------------------------474 Inasmuch as no candidate received a majority of the votes cast, a Special Runoff Election was held on September 10, 1985 and the consolidated returns on file in this office show the following results: Buddy DeLoach ----------------------------1384 James M. "Jimmy" Floyd ----------------1679 In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 12th day of September, in the year of our Lord One Thousand Nine Hundred and MONDAY, JANUARY 13, 1986 3 (SEAL) Eighty-five and of the Independence of the United States of America the Two Hundred and Tenth. M Max Cleland Secretary of State House of Representatives Atlanta, Georgia September 26, 1985 Honorable Joe Frank Harris Governor State Capitol Atlanta, Georgia 30334 Dear Governor: I hereby submit to you my resignation as Representative of the 84th House District to be effective upon my being sworn in as Insurance Commissioner of Georgia. For eleven years the good citizens of the 84th District have honored me by permitting me to serve them in the House of Representatives. While I know that I will miss serving with the fine men and women in the House, I look forward to the new opportunity of serving the people of Georgia as their Insurance Commissioner; and I thank you for giving me this opportunity and privilege to serve. I pledge to you and to the people of Georgia that the Insurance Commissioner's Office will be operated efficiently, economically and honestly, as long as I am privileged to serve in that capacity. With warmest personal regards, I am Sincerely, /a/ Warren D. Evans WDE/rgd cc: Honorable Thomas B. Murphy, Speaker of the House Honorable Max Cleland, Secretary of State Honorable Paul Lynch, Acting Fiscal Officer Honorable Glenn W. Ellard, Clerk of the House State of Georgia Office of the Governor Atlanta 30334 September 27, 1985 Honorable Warren D. Evans State Representative Post Office Box 539 Thomson, Georgia 30824 Dear Warren: This will acknowledge receipt of your letter in which you tendered your resignation as Representative of the 84th House District, effective upon your being sworn in as Insur ance Commissioner. By copy of this letter, I hereby accept your resignation. Your service to the State of Georgia in the above capacity is greatly appreciated, and I know that your continued service to the State Insurance Commission will be of the same outstanding quality. I look forward to working with you in your new position. JOURNAL OF THE HOUSE, With kindest personal regards, I remain Sincerely, Is/ Joe Frank Harris JFH/rsb cc: Honorable Max Cleland, Secretary of State Honorable Zell Miller, Lieutenant Governor Honorable Thomas B. Murphy, Speaker, House of Representatives THE STATE OF GEORGIA EXECUTIVE ORDER BY THE GOVERNOR: WHEREAS: A vacancy now exists in the House of Representatives of the General Assembly of Georgia by reason of the resignation of Honorable Warren D. Evans, the member of the House of Representatives, District 84; and WHEREAS: Article V, Section II, Paragraph V of the Constitution of Georgia provides that the Governor shall issue writs of election to fill all vacancies that may occur in the Senate and House of Representatives; and WHEREAS: Section 21-2-544 of the Georgia Election Code provides that a special election to fill vacancies for members of the General Assembly shall take place under the authority of a writ of election issued by the Governor to the Secretary of State; and WHEREAS: Said Code Section further provides that said special election shall be held on a date named in the writ of election issued by the Governor, which date shall not be less than thirty nor more than sixty days after the issu ance of said writ. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY ORDERED: That a writ of election to fill the vacancy in the House of Representa tives, District 84 be and the same is hereby issued to the Secretary of State. IT IS FURTHER ORDERED: That said special election to fill the vacancy in the House of Representa tives from District 84 shall be held on the 5th day of November, 1985, pursuant to the Constitution and Laws of the State of Georgia. This 1st day of October, 1985. /s/ Joe Frank Harris GOVERNOR ATTEST: /s/ Tom Perdue CHIEF ADMINISTRATIVE OFFICER Secretary of State Elections Division 110 State Capitol Atlanta, Georgia 30334 MONDAY, JANUARY 13, 1986 5 November 12, 1985 The Honorable Glenn W. Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Mr. Ellard: I am transmitting herewith the name of the Representative elected in the November 5, 1985 Special Election for the office of State Representative in the General Assembly of Georgia from the 84th District, as the same appear from the consolidated returns which are of file and record in this office. With kindest regards and best wishes, I am Most sincerely, /a/ Max Cleland Secretary of State MC:FSD:bt Enclosure State of Georgia Office of Secretary of State I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the con solidated returns on file in this office for the Special Election held on the 5th day of November, 1985 in District 84 of the State House of Representatives, in McDuffie County, and a portion of Columbia County, to fill the vacancy existing by the reason of the resig nation of the Honorable Warren D. Evans, show the following results: John Rife English Bobby Harris Richard E. "Dick" Hawes McDuffie County 565 2516 776 Columbia County (portion) 107 410 210 672 2926 986 Write-in Dorothy Jones - 1 TOTAL VOTES CAST --4585 In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 12th day of November, in the year of our Lord One Thousand Nine Hundred and Eighty-five and of the Independence of the United States of America the Two Hundred and Tenth. (SEAL) /s/ Max Cleland Secretary of State Representatives James M. "Jimmy" Floyd of the 154th and Robert A. Harris of the 84th were introduced by the Speaker and the following oaths of office, having been previ ously administered, were entered in the Journal: The following oath of office was administered to Representative James M. "Jimmy" Floyd by Supreme Court Justice George T. Smith: 6 JOURNAL OF THE HOUSE, OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and pros perity of this State. I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia, and that I am not a member of the Communist Party. So help me God. /s/ James M. Floyd State Representative Sworn to and subscribed before me, this 18 day of September, 1985. /s/ George T. Smith Justice, Supreme Court of Georgia The following oath of office was administered to Representative Robert A. Harris by Superior Court Judge Robert L. Stevens: OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and pros perity of this State. I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia, and that I am not a member of the Communist Party. So help me God. /s/ Robert A. Harris State Representative Sworn to and subscribed before me, this 19th day of November, 1985. /s/ Robert L. Stevens Judge, Superior Court Toombs Judicial Circuit The following communications were received and read: House of Representatives Atlanta, Georgia December 27, 1985 MONDAY, JANUARY 13, 1986 7 Honorable Max Cleland Secretary of State State of Georgia 200 Piedmont Avenue Atlanta, Georgia 30334 Dear Mr. Cleland: After much thought and meditation, I have come to the conclusion that a resignation of my office as Representative will be in the best interest of the citizens of Walker and Dade Counties. I believe it will also be in the best interest of our Democratic party. Enclosed, please find a copy of my press release. I have enjoyed working with you for the past three and one-half years. If I can ever be of any aid to you personally, in your position as Secretary of State, or as you represent our party, please call on me. Very truly yours, Is/ Donald F. Oliver Representative DFO:jr House of Representatives Atlanta, Georgia After much careful thought, consideration and deliberation, I have decided that it is in the best interests of all concerned that I step down and vacate the public offices I pres ently hold as Representative of the people of Walker and Dade Counties and as Director of Industry and Trade for Walker County. I have made this decision because of the cloud cast over my administration of these offices by the federal indictment presently pending against me in the United States District Court for the Northern District of Georgia to which indictment I have entered a plea of not guilty. I emphatically deny the charges against me and I maintain that I am innocent of the alleged conspiracy to distribute amphetamine and lysergic acid diethylamide and posses sion with intent to distribute amphetamine. It is very likely, however, that the trial of these allegations will take place during the 1986 legislative session and preparation for trial and my required presence at the trial would require my absence and seriously drain my time, resources and effectiveness to the public. For these reasons, I vacate these offices effective January 1, 1986. I had hoped that I would be able to continue to represent the people of Walker and Dade Counties notwithstanding these charges and allegations, but the probable trial date and my preparation for that trial makes it impossible for me to continue. I sincerely appreciate the support of my family and friends through this ordeal and to the people of Walker and Dade Counties I wish to express my heartfelt thanks for allowing me to serve as your Representative to the General Assembly of Georgia for the past three and one-half years. STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334 December 30, 1985 Honorable Donald F. Oliver State Representative Post Office Box 386 Chickamauga, Georgia 30707 8 JOURNAL OF THE HOUSE, Dear Don: This will acknowledge receipt of your letter in which you tendered your resignation as a member of the House of Representatives, District 1, Post 1, for the Georgia General Assembly. I hereby accept your resignation to become effective January 1, 1986. With kindest regards, I remain Sincerely, /s/ Joe Frank Harris JFH/kh cc: Honorable John F. Bradford, Judge of the Probate Court, Dade County Honorable W. L. Abney, Judge of the Probate Court, Walker County Honorable Max Cleland, Secretary of State Honorable Thomas B. Murphy, Speaker of the House of Representatives Honorable Glenn W. Ellard, Clerk of the House of Representatives THE STATE OF GEORGIA EXECUTIVE ORDER BY THE GOVERNOR: WHEREAS: A vacancy now exists in the House of Representatives of the General Assembly of Georgia by reason of the resignation of Honorable Donald F. Oliver, the member of the House of Representatives, District 1, Post 1; and WHEREAS: Article V, Section II, Paragraph V of the Constitution of Georgia provides that the Governor shall issue writs of election to fill all vacancies that may occur in the Senate and House of Representatives; and WHEREAS: Section 21-2-544 of the Georgia Election Code provides that a special election to fill vacancies for members of the General Assembly shall take place under the authority of a writ of election issued by the Governor to the Secretary of State; and WHEREAS: Said Code Section further provides that said special election shall be held on a date named in the writ of election issued by the Governor, which date shall not be less than thirty nor more than sixty days after the issu ance of said writ. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY ORDERED: That a writ of election to fill the vacancy in the House of Representa tives, District 1, Post 1, be and the same is hereby issued to the Secretary of State. IT IS FURTHER ORDERED: That said special election to fill the vacancy in the House of Representa tives from District 1, Post 1, shall be held on the 4th day of February 1986, pursuant to the Constitution and Laws of the State of Georgia. This 2nd day of January, 1986. /s/ Joe Frank Harris GOVERNOR ATTEST: /s/ Tom Perdue CHIEF ADMINISTRATIVE OFFICER MONDAY, JANUARY 13, 1986 The roll was called and the following Representatives answered to their names: Aaron Adams.G Adams.M Aiken Alford Alien Anderson Argo Athon Atkins Auten Bailey Balkcom Bannister Bargeron Barnett.B Barnett,M Beck Benefield Benn Birdsong Bishop Bolster Bostick Branch Bray Brooks Brown.G Buck Bumiss Byrd Carter Chambless Chance Cheeks Childers Childs Clark.B Clark,L Colbert Coleman Colwell Connell Cooper Copelan Couch Cox Crawford Crosby Cummings Daugherty Davis Dean Dixon Dobbs Dover Dunn Edwards Felton Floyd Foster Galer God bee Good win Greene Greer Groover Hamilton Harris Hasty Hays Heard Hill Holcomb Holmes Hooks Home Hudson Isakson Jackson,J Jackson.N Jamieson Johnson,D Johnson.F Johnson.R Johnson,S Kilgore Kingston Lane.D Lane.R Lawler Lawrence Lawson Lee,C Lee.W Linder Logan Long Lord Lucas Lupton Maddox Mangum Martin.C Martin.J Matthews McDonald McKelvey McKinney Milam Milford Moody Moore Morton Mostiler Moultrie Mueller Oliver.C Padgett Pannell Parham Parrish Patten Peters Pettit Phillips Pinkston Porter Rainey Ramsey.T Ramsey.V Ransom Ray Reaves Redding Richardson Robinson.C Robinson,P Ross Royal Russell Selman Shepard Sherrod Sinkfield Sizemore Smith,L Smith,P Smith.T Smyre Stancil Stein berg Thomas.C Thomas,M Thompson Townsend Triplett Twiggs Waddle Waldrep Walker.L Wall Ware Watson Watts White Wilder Williams.B WiUiams,J Williams.R Wilson Wood Workman Yeargin Murphy ,Spkr The Speaker announced that a vacancy existed in the office of Doorkeeper, due to the resignation of the Honorable Don Castleberry. The next order of business being the election of a Doorkeeper of the House, Repre sentative Hudson of the 117th placed in nomination the name of the Honorable Ben Jessup, which nomination was seconded by Representative Coleman of the 118th. Representative Burruss of the 20th moved that the nominations be closed and that the Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Doorkeeper of the House, the Honorable Ben Jessup received 175 votes, being the entire vote of the member ship present. The Honorable Ben Jessup was thereby declared elected Doorkeeper of the House for the ensuing term. The Speaker appointed as a committee to escort the Doorkeeper to the well of the House the following members: Representatives McDonald of the 12th, Phillips of the 120th, Jackson of the 9th, Padgett of the 86th, Milford of the 13th, Birdsong of the 104th, Groover of the 99th, and Dean of the 29th. The Doorkeeper of the House was escorted to the well of the House where the oath of office was administered by the Speaker, after which he addressed the House expressing his appreciation to the members for having elected him as Doorkeeper of the House of Representatives. 10 JOURNAL OF THE HOUSE, The following Resolutions of the House were read and adopted: HR 454. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th, Russell of the 64th, Lee of the 72nd and Edwards of the 112th: A RESOLUTION To notify the Senate that the House of Representatives has convened; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in regular session and is now ready for the transaction of business. HR 455. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th, Russell of the 64th, Lee of the 72nd and Edwards of the 112th: A RESOLUTION To notify the Governor that the General Assembly has convened; and for other pur poses. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a commit tee of fourteen, seven from the House of Representatives to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to notify His Excellency, the Governor, that the General Assembly has convened in regular session and is now ready for the transaction of business. Pursuant to the provisions of HR 455, the Speaker appointed as a Committee on the part of the House, the following members: Representatives Jamieson of the llth, Chambless of the 133rd, Waldrep of the 80th, Benn of the 38th, Milam of the 81st and Greer of the 39th. HR 456. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th, Russell of the 64th, Lee of the 72nd and Edwards of the 112th: A RESOLUTION Adopting the Rules of the House of Representatives; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives in force at the adjournment of the regular 1985 session of the General Assembly of Georgia are hereby adopted as the Rules of the House of Repre sentatives for the regular 1986 session. HR 457. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th, Russell of the 64th, Lee of the 72nd and Edwards of the 112th: A RESOLUTION Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Joe Frank Harris, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., January 15, 1986, in the Hall of the House of Representatives. MONDAY, JANUARY 13, 1986 11 BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the Hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor. BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the Hall of the House of Repre sentatives. The Speaker appointed as a Committee of Escort on the part of the House, the following members: Representatives Argo of the 68th, Childers of the 15th, Martin of the 26th, Reaves of the 147th, Royal of the 144th, Sinkfield of the 37th and Stancil of the 66th. The following communications were received and read: The General Assembly Atlanta January 7, 1986 TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE FIFTH CONGRESSIONAL DISTRICT Pursuant to the provisions of O.C.G.A. Section 32-2-20, this is to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Fifth Congressional District. Such caucus will be held in the Senate Cham ber, State Capitol Building, Atlanta, Georgia, on Thursday, January 16, 1986, at 3:00 P.M. Members of the Senate from those senatorial districts embraced or partly embraced within the Fifth Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the Fifth Congressional District are eligible to participate in said caucus. Sincerely yours, M Zell Miller President of the Senate /s/ Thomas B. Murphy Speaker, House of Representatives The General Assembly Atlanta January 7, 1986 TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE SIXTH CONGRESSIONAL DISTRICT Pursuant to the provisions of O.C.G.A. Section 32-2-20, this is to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Sixth Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Thursday, January 16, 1986, at 2:00 P.M. Members of the Senate from those senatorial districts embraced or partly embraced within the Sixth Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the Sixth Congressional District are eligible to participate in said caucus. 12 JOURNAL OF THE HOUSE, Sincerely yours, /s/ Zell Miller President of the Senate 1st Thomas B. Murphy Speaker, House of Representatives LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30334 January 13, 1986 TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE FIFTH AND SIXTH CONGRESSIONAL DISTRICTS You have received notices from the President of the Senate and the Speaker of the House calling caucuses for the election of members of the State Transportation Board from the Fifth and Sixth Congressional Districts. Both of these caucuses will be held in the Senate Chamber on Thursday, January 16, 1986, with the Sixth District caucus at 2:00 P.M. and the Fifth District caucus at 3:00 P.M. We have prepared a memorandum relative to the election for members of the State Transportation Board which is dated January, 1985. Enclosed you will find a copy of that memorandum, and I would urge you to read it prior to the caucus. If you have any ques tions, please feel free to call me. Sincerely yours, /s/ Frank H. Edwards Legislative Counsel FHE:jp Enclosure cc: Honorable Brad Hubbert Honorable Young H. Longino Honorable Joe Frank Harris Honorable Zell Miller Honorable Thomas B. Murphy Honorable Max Cleland Mr. Thomas D. Moreland Mr. Hal Rives Mr. Hamilton McWhorter, Jr. Mr. Glenn W. Ellard Mr. Rusty Sewell Mr. Steve Anthony LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30334 January 13, 1986 Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, Georgia 30334 Dear Mr. Speaker: MONDAY, JANUARY 13, 1986 13 As requested by you, attached hereto find a joint resolution fixing the time for the nomination and election of the state auditor. This resolution has been prepared for intro duction on the first day of the General Assembly and it may be adopted without the necessity of being referred to a committee and being read three times, etc. When it is adopted by the House, it should be transmitted to the Senate along with the other resolu tions adopted on opening day. The resolution sets a specific time for you to call for the nomination and election of the state auditor. At that time nominations of qualified persons shall be made from the floor of the House. After a person who has been nominated receives a majority vote of the membership of the House, the Clerk shall transmit that person's name to the Senate for confirmation. When the name of the person is received by the Senate, it shall be the duty of the Lieutenant Governor to call for a vote on that person. Upon that person receiving a majority vote of the membership of the Senate, that person shall be declared the duly elected state auditor, and the Secretary of the Senate shall so notify the Governor. It then becomes the duty of the Governor to administer the oath of office to the state auditor and to furnish the state auditor a properly executed commission of office certifying the state auditor's election. The above tracks the law which is quoted in the resolution. If you have any questions or if I can assist you further in this matter, let me know. Sincerely yours, /a/ Frank H. Edwards Legislative Counsel FHE:jp Attachment cc: Honorable Joe Frank Harris Honorable Zell Miller Honorable Al Burruss Honorable Thomas F. Allgood Mr. Glenn W. Ellard Mr. Hamilton McWhorter, Jr. Mr. Rusty Sewell Mr. G. W. Hogan The following Resolution of the House was read: HR 458. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th, Russell of the 64th, Lee of the 72nd and Edwards of the 112th: A RESOLUTION To provide for the nomination and election of the state auditor; and for other pur poses. WHEREAS, in 1985 a vacancy occurred in the office of the state auditor at a time when the General Assembly was not in session and, as provided by law, the Governor appointed a person to fill such vacancy; and WHEREAS, the law also provides that the person appointed by the Governor shall serve as state auditor until the next regular session of the General Assembly, at which time the nomination and election of a state auditor shall be held by the General Assembly; and WHEREAS, the pertinent provisions of Code Section 50-6-1 of the Official Code of Georgia Annotated, relating to the state auditor, read as follows: 14 JOURNAL OF THE HOUSE, "(b) The state auditor shall be elected by the General Assembly in the following manner: A joint resolution which shall fix a definite time for the nomination and elec tion of the state auditor may be introduced in either branch of the General Assembly. Upon passage of the resolution by a majority vote of the membership of the Senate and House of Representatives it shall be the duty of the Speaker of the House of Repre sentatives to call for the nomination and election of the state auditor at the time speci fied in the resolution, at which time the name of the qualified person receiving a majority vote of the membership of the House of Representatives shall be transmitted to the Senate for confirmation. Upon the qualified person's receiving a majority vote of the membership of the Senate, he shall be declared the duly elected state auditor; and the Governor shall be notified of his election by the Secretary of the Senate. The Gover nor is directed to administer the oath of office to the state auditor and to furnish the state auditor with a properly executed commission of office certifying his election. (c) The term of office of the state auditor shall continue until a successor is elected as provided in subsection (b) of this Code section. In the event of a vacancy in the posi tion of state auditor at a time when the General Assembly is not in session it shall be the duty of the Governor and he is empowered and directed to appoint a state auditor possessing the qualifications as provided in subsection (a) of this Code section who shall serve as state auditor until the next regular session of the General Assembly, at which time the nomination and election of a state auditor shall be held by the General Assem bly as provided in subsection (b) of this Code section." NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the time for the nomination and election of the state auditor shall be 11:00 A.M., January 16, 1986, at which time the Speaker shall call for the nomination and election of the state auditor by the House of Representatives. The name of the person receiving a majority vote of the membership of the House of Representatives shall be transmitted to the Senate for confirmation. Upon such person receiving a majority vote of the membership of the Senate, such person shall be declared the duly elected state auditor and the Secretary of the Senate shall notify the Governor of the election of such person. Pursuant to law, the Governor shall administer the oath of office to the state audi tor and furnish the state auditor with a properly executed commission of office certifying the state auditor's election. 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 Andersen YArgo Y Athon Y Atkins Y Auten Bailey Y Balkcom Y Bannister Y Bargeron Y Bamett,B Y Barnett,M Beck Y Benefield Benn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch Bray Brooks Y Brown.G YBuck YBurruss YByrd Y Carter Chambless Chance Y Cheeks Y Childere Y Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch Coi Y Crawford Y Crosby Y Cumminga Y Daugherty YDavis YDean Y Dixon YDobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster YGaler Y Godbee YGoodwin Y Greene Greer Y Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays Y Heard YHill 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 Y Lane.D Y Lane,R Y Lawler Y Lawrence YLawson YLee.C YLee.W Y Under YLogan Long Lord Y Lucas Y Lupton Y Maddoi Y Mangum Y Martin.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 Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Porter YRainey Y Ramsey.T Ramsey.V YRandall Y Ransom YRay MONDAY, JANUARY 13, 1986 15 Y Reaves Redding Y Richardson Y 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 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 YWall YWare Y Watson Y Watts Y White Y Wilder Y Williams,B On the adoption of the Resolution, the ayes were 159, nays 0. The Resolution was adopted. Y Williams,J Williams,R Y Wilson YWood Workman Y Yeargin Young Murphy,Spkr The following Resolution of the House was read: HR 459. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th, Russell of the 64th, Lee of the 72nd and Edwards of the 112th: A RESOLUTION Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen eral Assembly adjourn at 5:00 P.M. on January 17, 1986, and reconvene at 10:00 A.M. on January 27, 1986. 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 Y Argo Y Athon Y Atkins Y Auten 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 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 Coi Y Crawford Y Crosby Y Cummings Y Daugherty YDavis Dean Y Diion YDobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler YGodbee YGoodwin Y Greene Greer Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard YHill Holcomb Y Holmes Y Hooks YHome Y Hudson Ylsakson Y Jackson,J Y Jackson.N Jamieson Y Johnson,D Y Johnson.F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Lane,D YLane.R Y Lawler Y Lawrence Y Lawson YLee.C YLee,W Y Linder YLogan Long YLord Y Lucas Y Lupton Y Maddoi 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 Padgett Y Pannell YParham 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 Y Robinson.C Y Robinson,? YRoss Y Royal Y Russell Y Selman On the adoption of the Resolution, the ayes were 161, nays 0. 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 Y Walker.C Y Walker,L YWall YWare Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Waiiams,R Y Wilson YWood Workman Y Yeargin Y Young Murphy,Spkr 16 JOURNAL OF THE HOUSE, The Resolution was adopted. 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. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. The following Resolutions of the House were read and referred to the Committee on Rules: HR 460. By Representatives Dean of the 29th, Sinkfield of the 37th, Redding of the 50th, Thomas of the 31st, Bishop of the 94th and others: A resolution commending Mr. Don King and inviting him to appear before the House of Representatives on January 14, 1986. HR 473. By Representatives Colwell of the 4th, Jackson of the 9th, Wood of the 9th, Lawson of the 9th, Long of the 142nd and others: A resolution commending Bill Elliott and inviting him to appear before the House of Representatives on January 15, 1986. HR 474. By Representatives Brooks of the 34th, Williams of the 54th, Childs of the 53rd, Bishop of the 94th and Smyre of the 92nd: A resolution recognizing Reverend Hosea Williams and inviting him to appear before the House of Representatives. HR 475. By Representatives Brooks of the 34th, Williams of the 54th, Bishop of the 94th, Smyre of the 92nd and Redding of the 50th: A resolution recognizing Dr. Ralph David Abernathy and inviting him to appear before the House of Representatives. By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees: MONDAY, JANUARY 13, 1986 17 HB 1140. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th, Connell of the 87th, Lee of the 72nd and others: A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1986, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes pro vided for herein. Referred to the Committee on Appropriations. HB 1141. By Representative Bolster of the 30th: A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Anno tated, "The Zoning Procedures Law," so as to provide that any local govern ment shall be authorized to, but shall not be required to, provide that its procedures for the rezoning of property shall include procedural elements which will allow its zoning decisions with respect to the rezoning of property to be reviewed by certiorari. Referred to the Committee on Judiciary. HB 1142. By Representatives Phillips of the 120th and Walker of the 115th: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Environmental Facilities Authority; to enable the authority to utilize development capital assistance programs of the United States government and in support of this program to assist local governments in meeting their environmental facility needs. Referred to the Committee on Natural Resources & Environment. HB 1143. By Representative Phillips of the 120th: A bill to amend Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to rivers and river basins, so as to extend the exemption for certain dams by one year; to authorize the State of Georgia to make grants for dam repair of certain dams; to empower the Environ mental Protection Division of the Department of Natural Resources to administer these grants. Referred to the Committee on Natural Resources & Environment. HB 1144. By Representative Phillips of the 120th: A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste disposal and treatment, so as to change the definitions of "hazardous constituent," "hazardous waste," and "solid waste"; to change the definition of "guarantor"; to provide that claims may be pursued directly against the guarantor where jurisdiction cannot be obtained over an owner or operator. Referred to the Committee on Natural Resources & Environment. HB 1145. By Representatives Phillips of the 120th, Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for the preservation, protection, and improvement of the environment and to govern and control 18 JOURNAL OF THE HOUSE, the storage of regulated substances in underground tanks so as to safeguard the public health, safety, and welfare. Referred to the Committee on Natural Resources & Environment. HB 1146. By Representative Johnson of the 72nd: A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Anno tated, relating to court costs, so as to provide that in any civil action in any court reasonable attorney's fees and expenses may be awarded to any party against whom another party has asserted a claim or position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim or position. Referred to the Committee on Judiciary. HB 1147. By Representative Johnson of the 72nd: A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Anno tated, relating to general provisions applicable to public education in Georgia, so as to provide for the designation of Retired Teachers' Day. Referred to the Committee on Retirement. HB 1148. By Representative Richardson of the 52nd: A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to create the Children's Services Commission. Referred to the Committee on Human Relations & Aging. HB 1149. By Representative Richardson of the 52nd: A bill to amend Code Section 53-8-2 of the Official Code of Georgia Anno tated, relating to investment standards for certain acquisitions, so as to include certain beneficiaries of certain additional marital deduction trusts among those who may require the conversion of trust property into produc tive or income-producing property. By unanimous consent, HB 1149 was ordered engrossed. Referred to the Committee on Judiciary. HB 1150. By Representative Richardson of the 52nd: A bill to amend Code Section 5-6-35 of the Official Code of Georgia Anno tated, relating to cases in which an application for appeal is required, so as to specify that no application is necessary prior to the appeal of certain cases of child custody or rights to a child. Referred to the Committee on Judiciary. HB 1151. By Representative Richardson of the 52nd: A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Anno tated, relating to crimes against the person, so as to provide for the crime of trespass battery and provide penalties therefor. Referred to the Committee on Judiciary. MONDAY, JANUARY 13, 1986 19 HB 1152. By Representative Richardson of the 52nd: A bill to amend Code Section 45-20-2 of the Official Code of Georgia Anno tated, relating to definitions pertaining to the State Merit System of Per sonnel Administration, so as to change the definition of the term "unclassified service". Referred to the Committee on State Planning & Community Affairs. HB 1153. By Representative Richardson of the 52nd: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to provide for the suspension or revocation of certain permits to distribute dangerous drugs and provide for the disposition of dangerous drugs following that suspension or revoca tion. Referred to the Committee on Judiciary. HB 1154. By Representative Childs of the 53rd: A bill to amend Code Section 17-10-1 of the Official Code of Georgia Anno tated, relating to the fixing of sentences by the judge in criminal cases gener ally, so as to provide that the judge shall have no authority to change a sentence after 60 days have passed from the imposition of such sentence. Referred to the Committee on Judiciary. HB 1155. By Representative Childs of the 53rd: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxation, so as to provide an exemption from sales and use taxation for prostheses. Referred to the Committee on Ways & Means. HB 1156. By Representatives Childs of the 53rd, Richardson of the 52nd, Workman of the 51st, Aaron of the 56th, Steinberg of the 46th and others: A bill to provide for an additional judge of the superior courts of the Stone Mountain Judicial Circuit. Referred to the Committee on Judiciary. HB 1157. By Representative Clark of the 55th: A bill to amend Article 2 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of the Governor, so as to require the Governor to withhold state funds from any county, municipality, or local board of education which fails or refuses to observe the birthday of the Reverend Martin Luther King, Jr. By unanimous consent, HB 1157 was ordered engrossed. Referred to the Committee on Appropriations. 20 JOURNAL OF THE HOUSE, HB 1158. By Representative Parham of the 105th: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change definitions; to change the listing of certain controlled substances and dangerous drugs. Referred to the Committee on Health & Ecology. HB 1159. By Representative Parham of the 105th: A bill to amend Code Section 16-13-41 of the Official Code of Georgia Anno tated, relating to prescriptions, and Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to pro vide that practitioners of the healing arts who dispense drugs shall comply with all record-keeping and labeling requirements imposed upon pharmacists and pharmacies. Referred to the Committee on Health & Ecology. HB 1160. By Representative Parham of the 105th: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to regulate drug samples. Referred to the Committee on Judiciary. HB 1161. By Representatives Hasty of the 8th, Barnett of the 10th and Anderson of the 8th: A bill to amend an Act providing for the membership of the Board of Edu cation of Cherokee County, so as to provide for the appointment of the chair man of the Board of Education of Cherokee County by the board from its own membership. Referred to the Committee on State Planning & Community Affairs - Local. HB 1162. By Representative Robinson of the 58th: A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols or revolvers, so as to change the provisions relating to fees to cover the cost of records searches by the Federal Bureau of Investigation. Referred to the Committee on Judiciary. HB 1163. By Representative Lawson of the 9th: A bill to amend Subpart 1 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students' right to admission, so as to provide that any student who attends school outside the state and who subsequently transfers to a public school in this state shall not be ineligible because of such transfer for any extracurricular activities offered by the school. Referred to the Committee on Education. HB 1164. By Representative Lucas of the 102nd: A bill to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related criminal offenses, so as to provide that certain nonprofit organizations may be authorized to conduct MONDAY, JANUARY 13, 1986 21 lotteries; to provide that for this purpose the term "lottery" shall mean any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or provided consideration for a chance to win. Referred to the Committee on Judiciary. HB 1165. By Representative Isakson of the 21st: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxes, so as to exempt the sale of oxygen, when prescribed by a physician, from such tax. Referred to the Committee on Ways & Means. HB 1166. By Representative Yeargin of the 14th: A bill to amend an Act providing for the election of members of the Board of Education of Oglethorpe County, so as to change the descriptions of the education districts of the board and provide that members of the board will be elected by the electors of those districts and not at large. Referred to the Committee on State Planning & Community Affairs - Local. HB 1167. By Representative Yeargin of the 14th: A bill to reconstitute and re-create the Board of Education of Elbert County as successor to the Board of Education of Elbert County established by local constitutional amendment and provide for the election of that board. Referred to the Committee on State Planning & Community Affairs - Local. HB 1168. By Representative Yeargin of the 14th: A bill to create a Board of Commissioners of Oglethorpe County and provide for its composition; to provide for the election, qualification, terms, compen sation and expenses, oath, commission, and bond of the chairman and mem bers of the board. Referred to the Committee on State Planning & Community Affairs - Local. HB 1169. By Representative Groover of the 99th: A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Anno tated, relating to securities, so as to provide for orders of the commissioner of securities assessing certain sanctions against securities dealers for specified misconduct; to grant an exemption from registration requirements for certain securities; to declare certain records confidential. Referred to the Committee on Judiciary. HB 1170. By Representative Groover of the 99th: A bill to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions affecting notaries public, so as to delete the requirement of using ink which is indelible in the signature of a notary; to remove certain prohibitions against notaries issuing attach ments or garnishments or subscribing affidavits or approving bonds for such purposes. Referred to the Committee on Judiciary. 22 JOURNAL OF THE HOUSE, HB 1171. By Representative Reaves of the 147th: A bill to amend Code Section 26-2-38 of the Official Code of Georgia Anno tated, relating to detention or embargo of adulterated or misbranded food, so as to change the provisions relating to affixing tags or markings to food which is suspected of being misbranded; to change the requirements of the misbranding of food. Referred to the Committee on Agriculture & Consumer Affairs. HB 1172. By Representative Reaves of the 147th: A bill to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to the pre vention and control of infectious or contagious diseases in livestock, so as to define the term "livestock"; to provide for the enforcement of Chapter 4 of Title 4; to vest the Commissioner of Agriculture with police powers. Referred to the Committee on Agriculture & Consumer Affairs. HB 1173. By Representatives Childers of the 15th and Richardson of the 52nd: A bill to amend Code Section 43-10-20 of the Official Code of Georgia Anno tated, relating to the termination of the State Board of Cosmetology, so as to provide for the continuation of that board but provide for the later termi nation of that board and the repeal of the laws relating thereto. Referred to the Committee on Health & Ecology. HB 1174. By Representatives Childers of the 15th and Richardson of the 52nd: A bill to amend Code Section 43-42-14 of the Official Code of Georgia Anno tated, relating to the termination of the Georgia Board of Registered Profes sional Sanitarians, so as to provide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto. Referred to the Committee on Health & Ecology. HB 1175. By Representatives Childers of the 15th and Richardson of the 52nd: A bill to amend Code Section 43-33-21 of the Official Code of Georgia Anno tated, relating to the termination of the State Board of Physical Therapy, so as to provide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto. Referred to the Committee on Health & Ecology. HB 1176. By Representatives Childers of the 15th and Richardson of the 52nd: A bill to amend Code Section 43-39-20 of the Official Code of Georgia Anno tated, relating to the termination of the State Board of Examiners of Psy chologists, so as to provide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto. Referred to the Committee on Health & Ecology. HB 1177. By Representatives Childers of the 15th, Athon of the 57th and Richardson of the 52nd: MONDAY, JANUARY 13, 1986 23 A bill to amend Code Section 43-27-12 of the Official Code of Georgia Anno tated, relating to the termination of the State Board of Nursing Home Administrators, so as to provide for the continuation of that board but pro vide for the later termination of that board and the repeal of the laws relat ing thereto. Referred to the Committee on Health & Ecology. HB 1178. By Representative Cheeks of the 89th: A bill to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, regarding miscellaneous provisions of the "Qual ity Basic Education Act," so as to provide for access to certain instructional material; to prohibit certain examination, testing, and treatment for the pur pose of revealing certain information. Referred to the Committee on Education. HB 1179. By Representatives Lane of the 27th, Adams of the 36th and Greer of the 39th: A bill to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide for an exemption from all state, county, and county school district ad valorem taxes on the full value of the homestead of each person who is 70 years of age or over or disabled whose net income does not exceed the maximum amount which may be received by an individual and an individual's spouse from Social Security. Referred to the Committee on Ways & Means. HB 1180. By Representatives Lane of the 27th, Adams of the 36th and Greer of the 39th: A bill to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide for a homestead exemption of $15,000.00 from all state, county, and county school district ad valorem taxes for each person who is 62 years of age or over or disabled whose net income does not exceed $15,000.00 per annum. Referred to the Committee on Ways & Means. HB 1181. By Representatives Dean of the 29th, Thomas of the 31st and Clark of the 55th: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to make it unlawful for any distributor or supplier of hair care or cosmetic skin care products or equipment to sell any such product or equipment marked "professional use only" to any person who does not have a valid certificate, license, or permit issued pursuant to Chapter 7 of Chapter 10 of Title 43. Referred to the Committee on Health & Ecology. HB 1182. By Representatives Thomas of the 69th, Lee of the 70th, Lawler of the 20th and Cummings of the 17th: 24 JOURNAL OF THE HOUSE, A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Adult, Community, and Continuing Edu cation Coordinating Council. Referred to the Committee on Education. HB 1183. By Representative Jackson of the 9th: A bill to amend Code Section 40-8-159.1 of the Official Code of Georgia Annotated, relating to proof of emission inspection and obtaining a vehicle registration, so as to define further those vehicles which must be inspected prior to being registered. Referred to the Committee on Motor Vehicles. HB 1184. By Representatives Robinson of the 96th, Ware of the 77th and Wood of the 9th: A bill to amend Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to attorneys in general, so as to provide maxi mum limits on the amount of contingent fees which attorneys may lawfully contract for, charge, or collect; to provide for the method of calculating such limits; to provide that an unlawful contingent fee agreement shall be voidable by the client. Referred to the Committee on Judiciary. HB 1185. By Representatives Robinson of the 96th, Ware of the 77th, Wood of the 9th, Walker of the 115th and Buck of the 95th: A bill to amend Code Section 9-11-41 of the Official Code of Georgia Anno tated, relating to the dismissal and recommencement of civil actions, so as to provide that a plaintiff may dismiss an action without order or permission of court at any time before the trial of the case commences; to provide that after commencement of a trial permission and an order of the court must be obtained before dismissal. Referred to the Committee on Judiciary. HB 1186. By Representatives Robinson of the 96th, Ware of the 77th, Wood of the 9th and Buck of the 95th: A bill to amend Chapter 12 of Title 51 of the Official Code of Georgia Anno tated, relating to damages in tort actions, so as to provide that evidence of compensation received for any damages from any collateral source shall be admissible and may be considered by the finder of fact; to provide that if the jury's verdict as to damages is clearly inadequate or excessive then the court may either order a new trial or modify the amount of the award. Referred to the Committee on Judiciary. HB 1187. By Representatives McKinney of the 35th, Wall of the 61st, Bannister of the 62nd and Barnett of the 59th: A bill to amend Code Section 31-17-1 of the Official Code of Georgia Anno tated, relating to the enumeration of venereal diseases, so as to include acquired immune deficiency syndrome (AIDS) within that enumeration. Referred to the Committee on Health & Ecology. MONDAY, JANUARY 13, 1986 25 HB 1188. By Representatives McKinney of the 35th, Clark of the 55th, Redding of the 50th, Aaron of the 56th and White of the 132nd: A bill to amend Subpart 1 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certified professional educational personnel, so as to provide that no individual holding a certif icate on July 1, 1986, and no individual granted a certificate on or after July 1, 1986, shall be required to achieve passing scores on designated tests or on-the-job performance assessments prior to renewing such certificate. Referred to the Committee on Education. HB 1189. By Representatives McKinney of the 35th, Wall of the 61st, Bannister of the 62nd and Barnett of the 59th: A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Anno tated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to prohibit the operation of bathhouses in this state. Referred to the Committee on Health & Ecology. HB 1190. By Representatives Wall of the 61st, McKinney of the 35th, Bannister of the 62nd and Barnett of the 59th: A bill to amend Code Section 19-3-40 of the Official Code of Georgia Anno tated, relating to the requirement for blood tests prior to the issuance of marriage licenses, so as to define the term "antibody test for HTLV-III virus"; to provide for an antibody test for HTLV-III virus prior to the issu ance of a marriage license to determine if either or both of the parties are infected with the virus. Referred to the Committee on Health & Ecology. HB 1191. By Representatives Lane of the 27th, Martin of the 60th and Watson of the 114th: A bill to amend an Act which amended Title 31 of the Official Code of Georgia Annotated, relating to health, to create the State Boxing Commis sion, so as to repeal the provision providing for the automatic repeal of said Act on June 30, 1986. Referred to the Committee on Industry. HB 1192. By Representatives Childers of the 15th, Athon of the 57th, Triplett of the 128th, Hamilton of the 124th, Pannell of the 122nd and others: A bill to amend Code Section 31-6-21.1 of the Official Code of Georgia Anno tated, relating to rule-making procedures of the Health Planning Agency, so as to prohibit the applicability of rules of that agency to certain applications made prior to the effective date of those rules. Referred to the Committee on Health & Ecology. HB 1193. By Representative Ramsey of the 3rd: A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties and county 26 JOURNAL OF THE HOUSE, governments, so as to authorize the governing authority of any county to pro vide by ordinance or resolution for the creation of a civil service system for employees of the county. Referred to the Committee on State Planning & Community Affairs. HB 1194. By Representative Hamilton of the 124th: A bill to amend Code Section 16-12-100, relative to sexual exploitation of children, so as to define certain terms; to require certain visual or print medium processors to report their observing visual or print medium depicting minors engaging in sexually explicit conduct and to provide certain information relating thereto. Referred to the Committee on Judiciary. HB 1195. By Representative Hamilton of the 124th: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions relative to the General Assembly, so as to provide that committees of the General Assembly shall have the power to subpoena witnesses and to require the production of records, documents, papers, data, or other evidence relative to the purpose for which such committee is created. Referred to the Committee on Rules. HB 1196. By Representatives Buck of the 95th, Robinson of the 96th, Moultrie of the 93rd, Galer of the 97th, Bishop of the 94th and others: A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to pro vide for the definition and classification of certain intangible personal prop erty held in a foreign country incident to the conduct of an international insurance business. By unanimous consent, HB 1196 was ordered engrossed. Referred to the Committee on Ways & Means. HB 1197. By Representatives Buck of the 95th and Robinson of the 96th: A bill to amend Code Section 20-2-505 of the Official Code of Georgia Anno tated, relating to the prohibition against the sale of certain items by a member of a county board of education to a county board of education, so as to provide that the prohibition shall not apply to sales of less than $200.00 per calendar quarter and to sales made pursuant to sealed competitive bids. Referred to the Committee on Education. HB 1198. By Representatives Hamilton of the 124th and Coleman of the 118th: A bill to amend Code Section 16-13-31 of the Official Code of Georgia Anno tated, relating to trafficking in cocaine, illegal drugs, or marijuana, so as to provide that the possession, sale, manufacture, or transport into this state of any mixture containing cocaine shall constitute a crime and be punished the same as possession of similar amounts of cocaine. Referred to the Committee on Judiciary. MONDAY, JANUARY 13, 1986 27 HB 1199. By Representative Hamilton of the 124th: A bill to amend Code Section 45-5-6, relating to suspension and removal of public officials upon indictment and conviction of certain felonies, so as to provide that such public officials may be suspended from office upon initial conviction of certain misdemeanors or any felony; to provide for appointment of replacement officials during such suspension. Referred to the Committee on Judiciary. HB 1200. By Representative Hamilton of the 124th: A bill to amend Code Section 19-9-1 of the Official Code of Georgia Anno tated, relating to custody of children, so as to provide that a court shall retain jurisdiction in all custody cases for the purpose of ordering the custo dial parent to notify the court of any changes in the residence of the child. Referred to the Committee on Judiciary. HB 1201. By Representative Hamilton of the 124th: A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to change the age of consent; to pro vide for degrees of statutory rape; to provide for proof required for conviction; to change the age of minors protected under certain laws relative to sexual offenses; to change the penalties for certain sexual offenses. Referred to the Committee on Judiciary. HB 1202. By Representative Hamilton of the 124th: A bill to amend Code Section 16-12-100, relating to sexual exploitation of children, so as to define certain terms; to require certain visual or print medium processors to report their observing visual or print medium depicting minors engaging in sexually explicit conduct and to provide certain information relating thereto. Referred to the Committee on Judiciary. HB 1203. By Representatives Lane of the 27th, Aaron of the 56th, Alford of the 57th, Athon of the 57th and Greer of the 39th: A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to Metropolitan Area Planning and Development Commissions, so as to provide that a commission shall engage in a continu ous program of research, studies, and planning beginning April 1, 1986, to find ways and means to abate or mitigate the hardships of citizens residing in the area which are caused by the noise, pollution, and other environmental conditions. Referred to the Committee on State Planning & Community Affairs. HB 1204. By Representatives Robinson of the 58th and Greer of the 39th: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to delete certain provisions regarding the parti cipation by part-time and contract employees in group insurance and retire ment plans; to authorize the recognition of the collective bargaining with authorized representatives of employees of the Authority. Referred to the Committee on State Planning & Community Affairs. 28 JOURNAL OF THE HOUSE, HB 1205. By Representatives Lawler of the 20th, Johnson of the 72nd, Parrish of the 109th and Clark of the 13th: A bill to amend Article 7 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to allowances and benefits under the Employees' Retirement System of Georgia, so as to provide for a maximum retirement allowance for all classifications of new members of the retirement system. Referred to the Committee on Retirement. HB 1206. By Representative Hooks of the 116th: A bill to create the Sumter County Public School System by merging and consolidating the county school system of Sumter County and the independ ent school system of the City of Americus; to create the board of education for the Sumter County Public School System. Referred to the Committee on State Planning & Community Affairs - Local. HB 1207. By Representatives Ware of the 77th and Milam of the 81st: A bill to provide a board of education of Troup County; to provide for the election of members of the board; to provide education districts from which members of the board shall be elected. Referred to the Committee on State Planning & Community Affairs - Local. HB 1208. By Representatives Ray of the 98th, Sizemore of the 136th, Benefield of the 72nd, Lawler of the 20th, Heard of the 43rd and others: A bill to amend Article 12 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to leasing public school property for private educational purposes, so as to provide for the lease of certain school property that has been determined to be no longer needed for school purposes for a period not to exceed 15 years. Referred to the Committee on State Institutions and Property. HB 1209. By Representatives Lawler of the 20th, Johnson of the 72nd, Parrish of the 109th and Clark of the 13th: A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances and other benefits under the Teachers Retirement System of Georgia, so as to provide for a maximum retirement allowance for new members for all purposes under the retirement system. Referred to the Committee on Retirement. HB 1210. By Representative Bolster of the 30th: A bill to amend Chapter 41 of Title 36 of the Official Code of Georgia Anno tated, 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 census), so as to change the provisions relating to certain definitions. Referred to the Committee on State Planning & Community Affairs. MONDAY, JANUARY 13, 1986 29 HB 1211. By Representatives Bolster of the 30th, Thomas of the 69th, Lawson of the 9th and Alien of the 127th: A bill to amend Code Section 19-8-6 of the Official Code of Georgia Anno tated, relating to when surrender or termination of parental rights is not required in adoptions, so as to provide that termination or surrender shall not be required for the adoption of certain children who previously resided in foreign countries. Referred to the Committee on Judiciary. HB 1212. By Representatives McDonald of the 12th, Colbert of the 23rd, Martin of the 60th, Coleman of the 118th, Hanner of the 131st and Barnett of the 10th: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to authorize and direct the state revenue commissioner to issue special and distinctive motor vehicle license plates upon application to any certified firefighter who is a member of a fire department which has been certified pursuant to Article 2 of Chapter 3 of Title 25. Referred to the Committee on Motor Vehicles. HB 1213. By Representatives Walker of the 115th, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and Porter of the 119th: A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended. Referred to the Committee on Judiciary. HB 1214. By Representatives Walker of the 115th, Johnson of the 72nd, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and Porter of the 119th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated. Referred to the Committee on Judiciary. HB 1215. By Representatives Walker of the 115th, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and Porter of the 119th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated. Referred to the Committee on State of Republic. HB 1216. By Representatives Walker of the 115th, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and Porter of the 119th: 30 JOURNAL OF THE HOUSE, A bill to amend Code Section 46-1-2 of the Official Code of Georgia Anno tated, relating to the measure of damages for wrongs and injuries by railroad companies, so as to change certain venue provisions relative to actions against railroad or electric companies. Referred to the Committee on Judiciary. HB 1217. By Representatives Lane of the lllth, Oliver of the 121st, Phillips of the 120th, Godbee of the 110th, Parrish of the 109th and others: A bill to amend Chapter 14 of Title 2 of the Official Code of Georgia Anno tated, relating to the sale of agricultural products, so as to regulate the sale of onions. Referred to the Committee on Agriculture & Consumer Affairs. HB 1218. By Representatives Argo of the 68th, Couch of the 40th, Benefield of the 72nd and Lee of the 72nd: A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to regulate the use of automatic dialing and recorded message players for certain purposes. Referred to the Committee on Rules. HB 1219. By Representatives Childers of the 15th and Richardson of the 52nd: A bill to amend Code Section 43-7-27 of the Official Code of Georgia Anno tated, relating to the termination of the State Board of Barbers, so as to pro vide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto. Referred to the Committee on Health & Ecology. HB 1220. By Representatives Hooks of the 116th, Chambless of the 133rd, Thomas of the 69th and Pannell of the 122nd: A bill to amend Code Section 15-10-101 of the Official Code of Georgia Annotated, relating to constables of magistrate courts, so as to require that constables be at least 21 years of age prior to assuming the duties of a con stable. Referred to the Committee on Judiciary. HB 1221. By Representatives Lawler of the 20th, Cooper of the 20th, Benefield of the 72nd, Watson of the 114th, Kilgore of the 42nd and others: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions regarding the General Assembly, so as to authorize and empower any standing committee of the House of Representa tives or the Senate, upon a majority vote of the entire membership of such committee, to issue subpoenas for the committee or a subcommittee of such committee requiring the attendance and testimony of witnesses. Referred to the Committee on Rules. MONDAY, JANUARY 13, 1986 31 HB 1222. By Representatives Ware of the 77th and Milam of the 81st: A bill to amend an Act creating the Mountville Water Authority, so as to enlarge the area that the authority may serve; to increase the ceiling under which certain negotiable revenue bonds may be issued. Referred to the Committee on State Planning & Community Affairs - Local. HR 461. By Representatives Cox of the 141st, Hanner of the 131st, Bargeron of the 108th, Long of the 142nd, Sherrod of the 143rd and others: A resolution deploring the decisions of the three-judge panels of the Eleventh U.S. Circuit Court of Appeals relative to the ordering of new trials for Carl Isaacs, George Dungee, and Wayne Coleman. Referred to the Committee on State Institutions & Property. HR 462. By Representatives Lane of the 27th, Adams of the 36th and Greer of the 39th: A resolution creating the Retired Persons Study Committee. Referred to the Committee on Retirement. HR 463. By Representative Lucas of the 102nd: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the operation of lotteries by non profit organizations; to prohibit other lotteries. By unanimous consent, HR 463 was ordered engrossed. Referred to the Committee on Industry. HR 464. By Representatives Lane of the 27th, Aaron of the 56th, Alford of the 57th, Athon of the 57th and Greer of the 39th: A resolution creating the Hartsfield Atlanta International Airport Overview Committee. Referred to the Committee on Rules. HR 465. By Representatives Hooks of the 116th and Athon of the 57th: A resolution re-creating the Joint Tandem Trailer Access to Public Roads Study Committee. Referred to the Committee on Transportation. HR 466. By Representative Hamilton of the 124th: A resolution creating the House Motor Vehicle License Plate Transfer Study Committee. Referred to the Committee on Motor Vehicles. HR 467. By Representative Hamilton of the 124th: A resolution creating the First Incarceration Penal Facility Study Committee. Referred to the Committee on State Institutions & Property. 32 JOURNAL OF THE HOUSE, HR 468. By Representative Hamilton of the 124th: A resolution creating the House Teenage Pregnancy Study Committee. Referred to the Committee on Judiciary. HR 469. By Representative Hamilton of the 124th: A resolution creating the House Charitable Purposes Fundraising Activities. Referred to the Committee on Rules. HR 470. By Representatives Hamilton of the 124th and Coleman of the 118th: A resolution designating the headquarters of the Georgia Bureau of Investi gation as the Phil Peters Building. Referred to the Committee on Public Safety. HR 471. By Representative Lawler of the 20th: A resolution compensating Mr. J. P. Headrick. Referred to the Committee on Appropriations. HR 472. By Representatives Lawler of the 20th, Cooper of the 20th, Thompson of the 20th, Wilson of the 20th and Burruss of the 20th: A resolution designating a certain highway in Cobb County as the "Lost Mountain Scenic Highway." Referred to the Committee on Transportation. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 1130 HB 1131 HB 1132 HB 1133 HB 1134 HB 1135 HB 1136 HB 1137 HB 1138 HB 1139 HR 416 HR 444 HR 445 The following communications were received and read: OFFICE OF THE GOVERNOR State Capitol, Atlanta, Georgia 30334 Memorandum To: House, Senate and Secretary of State From: Rusty Sewell Subject: Line Item Veto in House Bill 226, Act No. 755 Date: April 10, 1985 Please be advised that Governor Harris has line item vetoed the following sections of House Bill 226: Section 67, Page 106, 9th paragraph; Section 77, Page 110; and Section 82, Page 113. /cab STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334 MONDAY, JANUARY 13, 1986 33 April 16, 1985 Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Speaker Murphy: I have vetoed House Bills 255, 362, 456, and 723 which were passed by the General Assembly of Georgia at the 1985 Regular Session. Article V, Section II, Paragraph VI of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed. With kindest regards, I remain Sincerely, /s/ Joe Frank Harris JFH/rsb Enclosures cc: Honorable Zell Miller, Lieutenant Governor of Georgia Honorable Glenn W. Bllard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of the Senate Honorable Frank H. Edwards, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State VETO NO. 1 - H.B. 255 House Bill 255 provided for a change in the provision relating to the qualifications for a coroner. A technical error was made in this legislation and the author of the bill requested that this bill be vetoed. The appropriate provisions of House Bill 255 passed in Senate Bill 252 which as been signed into law. VETO NO. 2 - H.B. 456 House Bill 456 amended the general provisions regarding the transaction of insurance so as to provide for jurisdiction of certain providers of health care benefits. Because of a technical error in this legislation, the author of this bill requested that it be vetoed. The appropriate provisions of House Bill 456 passed as an amendment to Senate Bill 131 which has been signed into law. VETO NO. 3 - H.B. 362 House Bill 362 changed the provision relating to the payment of a clothing allowance for members of the Uniform Division of the Georgia State Patrol assigned permanently as personal security or on special duty assignments. Presently, the law provides for a set figure of $480.00 per year to be paid to members of the Uniform Division assigned as per sonal security or for special duty assignments. This legislation would have struck the dollar amount presently in the law and would have provided that the amount to be paid would be provided in the appropriations bill. The language change was not made in the appropri ations bill and therefore this legislation had to be vetoed. VETO NO. 4 - H.B. 723 House Bill 723 amended certain provisions of the law relating to the appeal of rulings of the Georgia Public Service Commission. The legislation would have required a superior court judge to rule on a request for injunctive relief within 45 days of a complaint being filed. The Georgia Supreme Court in a decision handed down after the General Assembly adjourned ruled that injunctive relief was not available in an appeal of a decision by the Georgia Public Service Commission. 34 JOURNAL OF THE HOUSE, The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate: SR 276. By Senators Allgood of the 22nd and Kennedy of the 4th: A resolution to notify the House of Representatives that the Senate has con vened. The President has appointed on the part of the Senate the following Senators as the Committee of Notification: Senators Scott of the 2nd, Perry of the 7th, Bowen of the 13th, Land of the 16th, Dean of the 31st, Engram of the 34th and Huggins of the 53rd. The following Resolution of the Senate was read and adopted: SR 276. By Senators Allgood of the 22nd and Kennedy of the 4th: A resolution to notify the House of Representatives that the Senate has con vened. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House: HR 455. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th, Russell of the 64th, Lee of the 72nd and others: A resolution to notify the Governor that the General Assembly has convened. The President has appointed on the part of the Senate the following Senators as the Committee of Notification: Senators Coverdell of the 40th, Kennedy of the 4th, Horton of the 17th, Deal of the 49th, Stumbaugh of the 55th, Trulock of the 10th and Barnes of the 33rd. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House: HR 458. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th, Russell of the 64th, Lee of the 72nd and others: A resolution to provide for the nomination and election of the state auditor. MONDAY, JANUARY 13, 1986 35 The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House: HR 457. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th, Russell of the 64th, Lee of the 72nd and Edwards of the 12th: A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor. The President has appointed the following Senators as escort committee: Senators Bryant of the 3rd, Kennedy of the 4th, Holloway of the 12th, Allgood of the 22nd, Dean of the 31st, Walker of the 43rd and Starr of the 44th. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House: HR 459. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th, Russell of the 64th, Lee of the 72nd and others: A resolution relative to adjournment. 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. 36 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Tuesday, January 14, 1986 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Aaron Adams,G Adams,M Aiken Alford Alien Anderson Argo Athon Atkins Auten Bailey Balkcom Bannister Bargeron Barnett.B Barnett.M Beck Benefield Benn Birdsong Bishop Branch Bray Brooks Brown,G Buck Burruss Byrd Carter Chambless Chance Cheeks Childers Childs Clark.B Clark,L Colbert Coleman Colwell Connell Copelan Couch Cor Crawford Crosby Cummings Davis Dean Dizon Dobbs Dover Dunn Felton Floyd Foster Galer Godbee Goodwin Greene Greer Groover Hamilton Manner Harris Hasty Hays Heard Hill Holcomb Holmes Hooks Hudson Isakson Jackson, 1 Jamieson Johnson,F Johnson.R Johnson,S Kilgore Kingston Lane.D Lane.R Lawler Lawrence Lawson Lee.C Lee.W Under Logan Long Lord Lucas Lupton Maddox Mangum Martin.C Martin,J Matthews McDonald McKelvey McKinney Milam Milford Moody Moore Morton Mostiler Moultrie Mueller Oliver.C Padgett Pannell Parrish Patten Peters Pettit Porter Rainey Ramsey.T Ramsey.V Randall Ransom Ray Reaves Richardson Robinson.C Robinon,P Ross Royal Russell Selman Shepard Sherrod Sinkfield Sizemore Smith,L Smith,? Smith,T Smyre Stancil Steinberg Thomas.M Thompson Townsend Triplett Twiggs Waddle Waldrep Walker.C Walker,L Wall Watson Watts White Wilder Williams.B Williams.J Williams.R Wilson Wood Workman Yeargin Young Murphy,Spkr Prayer was offered by Dr. James N. Griffith, Executive Director-Treasurer, Georgia Baptist Convention, Atlanta, 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. TUESDAY, JANUARY 14, 1986 37 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees: HB 1223. By Representative Childers of the 15th: A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Anno tated, relating to sheriffs, so as to provide an additional salary for certain sheriffs who perform certain duties for juvenile courts. Referred to the Committee on Public Safety. HB 1224. By Representative Selman of the 32nd: A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Anno tated, relating to court costs, so as to provide that in any civil action in any court reasonable attorney's fees and expenses may be awarded to any party against whom another party has asserted a claim or position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim or position. Referred to the Committee on Judiciary. HB 1225. By Representative Richardson of the 52nd: A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs for children and youth, so as to provide for restriction of child-care licenses under certain conditions. Referred to the Committee on State Planning & Community Affairs. HB 1226. By Representatives Chambless of the 133rd, Thomas of the 69th, Davis of the 45th, Lawson of the 9th, Williams of the 48th and others: A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry a pistol or revolver, so as to change certain provisions regarding the residency requirements for applicants for issuance or renewal of that license. Referred to the Committee on Judiciary. HB 1227. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th, Copelan of the 106th, Robinson of the 96th and others: A bill to amend Code Section 15-521 of the Official Code of Georgia Anno tated, relating to the promulgation of certain rules and regulations of the Judicial Council, so as to require prior written notice of the intended adop tion of such rules and regulations and provide for the invalidity of rules and regulations adopted without such notice and for proceedings relating thereto. Referred to the Committee on Judiciary. HB 1228. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th and Pannell of the 122nd: 38 JOURNAL OF THE HOUSE, A bill to amend Code Section 53-6-24 of the Official Code of Georgia Anno tated, providing for rules for granting letters of administration, generally, so as to provide an exception to a surviving spouse's entitlement to those letters. Referred to the Committee on Judiciary. HB 1229. By Representatives Chambless of the 133rd, Thomas of the 69th and Lawson of the 9th: A bill to amend Chapter 8 of Title 14 of the Official Code of Georgia Anno tated, known as the "Uniform Partnership Act," so as to provide that a part nership may sue or be sued; to provide that the charging order remedy shall be in addition to any other remedy which may exist including the garnish ment remedy. Referred to the Committee on Judiciary. HB 1230. By Representative Hamilton of the 124th: A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Anno tated, relating to the office of the consumers' utility counsel, so as to require all public service corporations and utilities which are subject to the jurisdic tion of the Public Service Commission to pay special fees in an amount suffi cient to cover the operating cost of the office of the consumers' utility counsel. Referred to the Committee on Industry. HB 1231. By Representative Hamilton of the 124th: A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Anno tated, relating to the consumers' utility counsel, so as to repeal the require ment of a performance audit of the consumers' utility counsel; to eliminate the repeal of the law relating to the creation of the office of the consumers' utility counsel. Referred to the Committee on Industry. HB 1232. By Representative Hamilton of the 124th: A bill to amend Code Section 46-2-10 of the Official Code of Georgia Anno tated, relating to payment of a special fee by corporations and utilities subject to jurisdiction of the Public Service Commission, so as to require all public service corporations and utilities subject to the jurisdiction of the Public Service Commission to pay special fees in an amount sufficient to cover the operating cost of the commission. Referred to the Committee on Industry. 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 1259. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Benefield of the 72nd and others: A bill to make and provide appropriations for the State fiscal year beginning July 1, 1985, and ending June 30, 1986. Referred to the Committee on Appropriations. TUESDAY, JANUARY 14, 1986 39 HB 1260. By Representatives Thompson of the 20th, Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd, Hamilton of the 124th and others: A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions regarding hearsay evidence, so as to authorize certain hearsay statements made by certain children regarding sexual contact or physical abuse. Referred to the Committee on Judiciary. HB 1261. By Representatives Thompson of the 20th, Bailey of the 72nd, Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd and others: A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs for children and youth, so as to authorize criminal records checks and determinations based thereon for persons exercising supervisory or disciplinary power over children in either paid or volunteer positions. Referred to the Committee on Judiciary. HB 1262. By Representatives Thompson of the 20th, Hamilton of the 124th, Bailey of the 72nd, Walker of the 115th, Benefield of the 72nd and others: A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs for children and youth, so as to provide for emer gency powers to enable the Department of Human Resources to order the emergency relocation of residents in a child-caring institution other than a day-care facility; to provide for the emergency prohibition of admission to a child-caring institution other than a day-care facility. Referred to the Committee on Judiciary. HB 1263. By Representatives Bailey of the 72nd, Thompson of the 20th, Hamilton of the 124th, Walker of the 115th, Benefield of the 72nd and others: A bill to amend Chapter 3 of Title 35 of the Official Code of Georgia Anno tated, relating to the Georgia Bureau of Investigation, so as to authorize cre ation of a Missing Children Information Center. Referred to the Committee on Judiciary. HB 1264. By Representatives Thompson of the 20th, Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd, Bailey of the 72nd and others: A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to change the penalties for certain sexual offenses; to provide for minimum mandatory sentencing of persons convicted of certain sexual offenses against minors. Referred to the Committee on Judiciary. HR 476. By Representatives Thompson of the 20th, Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd, Burruss of the 20th and others: A resolution urging the use of restitution orders in cases involving victims of child abuse or sexual abuse. Referred to the Committee on Judiciary. 40 JOURNAL OF THE HOUSE, HR 477. By Representatives Thompson of the 20th, Bailey of the 72nd, Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd and others: A resolution urging the training of criminal justice and social services profes sionals in the processing and management of cases involving child abuse, sexual abuse, or sexual exploitation. Referred to the Committee on Judiciary. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 1140 HB 1141 HB 1142 HB 1143 HB 1144 HB 1145 HB 1146 HB 1147 HB 1148 HB 1149 HB 1150 TTT3 11C1 HHTMBR Il1i*S w53 HB 1186 HB 1187 HB 1188 HB 1189 HB 1190 HB 1191 HB 1192 HB 1193 UD |JB U"D rt* TM HHBB 1U19978 HR JlW HR 11 HR }} HR nS HB US rHTRD 1I1iOfiUn HR Urn HR US HR lim HR US HR Ufit rHlDR UHfoifbi HB 1167 1168 HB mo HR 1171 HR ms HR 1!?? HR 1174 B )"* SB me HR 1177 HHBR 11117788 HB 1179 HB 1180 HB 1181 HB 1182 HB 1183 HB 1184 HB 1185 HB HB 1201 HB 122 HB 123 HB 124 THTTB> i1O2A0K5 HB 1206 HB 1207 HB 128 HB 1209 HB 121 HUTBJ 1021U0 MR 1914 HB 1215 HB 1216 HB 1217 HB 1218 HB 1219 HB 1220 HB 1221 HB 1222 HHPR 4.6,,1,, TM* ^2 TM 463 HR 464 HR 465 HR 466 HR 467 HR 468 TUESDAY, JANUARY 14, 1986 41 HR 469 HR 470 HR 471 HR 472 Representative McDonald of the 12th District, Chairman of the Committee on Appro priations, submitted the following report: Mr. Speaker: Your Committee on Appropriations 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 1140 Do Pass, by Substitute Respectfully submitted, /s/ McDonald of the 12th Chairman Representative Thomas of the 69th District, Acting Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 748 Do Pass, by Substitute Respectfully submitted, /s/ Thomas of the 69th Acting Chairman Representative Johnson of the 72nd District, Chairman of the Committee on Retire ment, submitted the following report: Mr. Speaker: Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 251 Do Pass HB 345 Do Pass HB 416 Do Pass HB 612 Do Pass HB 666 Do Pass HB 779 Do Pass HB 828 Do Pass HB 67 Do Pass, by Substitute HB 186 Do Pass, by Substitute HB 302 Do Pass, by Substitute HB 318 Do Pass, by Substitute HB 338 Do Pass, by Substitute HB 355 Do Pass, by Substitute HB 365 Do Pass, by Substitute HB 391 Do Pass, by Substitute HB 397 Do Pass, by Substitute HB 422 Do Pass, by Substitute Respectfully submitted, l&l Johnson of the 72nd Chairman Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report: 42 JOURNAL OF THE HOUSE, 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 460 Do Pass Respectfully submitted, /s/ 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1113 Do Pass Respectfully submitted, /s/ 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 1113. By Representatives Randall of the 101st, Home of the 103rd, Groover of the 99th and Pinkston of the 100th: A bill to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, so as to authorize the board of commissioners of Bibb County to fix the compensation and provide for the reimbursement of expenses of the elected members of the Board of Public Education and Orphanage for Bibb County. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Wall of the 61st arose to a point of personal privilege and addressed the House. The following Resolutions of the House were read and adopted: HR 483. By Representatives Galer of the 97th, Robinson of the 96th, Buck of the 95th and Bishop of the 94th: A resolution recognizing and commending the students, faculty, and staff of Hardaway High School in Columbus. HR 484. By Representatives Floyd of the 154th, Oliver of the 121st, Hays of the 1st, Murphy of the 18th and Burruss of the 20th: TUESDAY, JANUARY 14, 1986 43 A resolution expressing regrets at the passing of Honorable Joseph E. Brown. HR 485. By Representatives Royal of the 144th and Balkcom of the 140th: A resolution commending Doctor A.A. McNeill, Jr. HR 486. By Representatives Galer of the 97th, Robinson of the 96th, Buck of the 95th and Bishop of the 94th: A resolution recognizing and commending Guy Sims. HR 487. By Representatives Galer of the 97th, Robinson of the 96th, Buck of the 95th and Bishop of the 94th: A resolution recognizing and commending the students, faculty, and staff of Fort Junior High School in Columbus. HR 488. By Representative Greene of the 130th: A resolution expressing regrets at the passing of Stewart McGlaun. HR 489. By Representative Greene of the 130th: A resolution expressing deepest regrets at the passing of Sheriff George Edward Goare. HR 490. By Representative Greene of the 130th: A resolution expressing sorrow at the passing of Mrs. Hazel Watson. HR 491. By Representatives Ware of the 77th and Milam of the 81st: A resolution commending Mr. Steve Edmonson. HR 492. By Representatives Buck of the 95th, Robinson of the 96th, Moultrie of the 93rd, Galer of the 97th, Bishop of the 94th and others: A resolution expressing regret at the passing of Dr. Louis Abraham Hazouri. HR 493. By Representative Moultrie of the 93rd: A resolution commending Zachary Bouvier Taylor. HR 494. By Representative Argo of the 68th: A resolution recognizing the alumni of Tech High School and designating January 15, 1986, as Tech High Day. HR 495. By Representatives Royal of the 144th, Greene of the 130th, Cox of the 141st, Sherrod of the 143rd and Long of the 142nd: A resolution relative to the proposed closing of the railroad between Lynn and Cuthbert, Georgia. HR 496. By Representatives Sherrod of the 143rd, Royal of the 144th, Bostick of the 138th, Thompson of the 20th, Yeargin of the 14th and others: 44 JOURNAL OF THE HOUSE, A resolution relative to the proposed closing of the railroad between Dillon and Kingswood, Georgia. HR 497. By Representative Ray of the 98th: A resolution commending Mr. Henry E. Bryant. HR 498. By Representatives Moore of the 139th, Royal of the 144th, Byrd of the 153rd, Reaves of the 147th, Moody of the 153rd and others: A resolution urging the Department of Community Affairs to disapprove the issuance of industrial development bonds for certain purposes. HR 499. By Representatives Murphy of the 18th, Walker of the 115th and Lee of the 72nd: A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Repre sentatives and the Senate to hear a message from the Governor. HR 503. By Representatives Anderson of the 8th and Hasty of the 8th: A resolution commending Kevin Otto. HR 504. By Representatives Anderson of the 8th and Hasty of the 8th: A resolution commending Eugene Phillips. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 460. By Representatives Dean of the 29th, Sinkfield of the 37th, Redding of the 50th, Thomas of the 31st, Bishop of the 94th and others: A resolution commending Mr. Don King and inviting him to appear before the House of Representatives on January 14, 1986. Representative Thomas of the 31st arose to a point of personal privilege and addressed the House. 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 announced the House adjourned until 9:30 o'clock, tomorrow morning. WEDNESDAY, JANUARY 15, 1986 45 Representative Hall, Atlanta, Georgia Wednesday, January 15, 1986 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 Dr. James I. St. John, Westminster Presbyterian Church, Snellville, 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. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees: HB 1233. By Representatives Padgett of the 86th, Ransom of the 90th, Walker of the 85th, Brown of the 88th, Connell of the 87th and others: A bill to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries in general, so as to pro vide that in counties in which more than two terms of court are held each year the judge or judges of superior court may by court order provide that certain duties of the grand jury need not be carried out by each grand jury at each term of court. Referred to the Committee on Judiciary. HB 1234. By Representative Wall of the 61st: A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to prohibit 46 JOURNAL OF THE HOUSE, certain acts and conduct which would prevent or disrupt a session or meeting of the Senate or House of Representatives, a joint session thereof, or any meeting of any standing or interim committee, commission, or caucus of members thereof. Referred to the Committee on Rules. HB 1235. By Representative Wall of the 61st: A bill to amend Code Section 21-2-266 and Code Section 21-3-164 of the Official Code of Georgia Annotated, relating to the use of public buildings as polling places for municipal elections, so as to require that in selecting polling places the election superintendent or governing authority shall give consideration to the comfort and convenience those places to be selected will provide for both electors and poll officers. Referred to the Committee on State of Republic. HB 1236. By Representatives Watson of the 114th, Byrd of the 153rd, Hooks of the 116th, Couch of the 40th and Kilgore of the 42nd: A bill to amend Chapter 23 of Title 43 of the Official Code of Georgia Anno tated, relating to landscape architects, so as to change the termination date of and to continue the Georgia Board of Landscape Architects and the laws relating to such board. Referred to the Committee on Industry. HB 1237. By Representatives Floyd of the 154th and Chance of the 129th: A bill to create the board of education of the Liberty County School District; to provide for a seven-member board of education consisting of one countywide district from which the chairman shall be elected and six single-member districts from which the other six members shall be severally elected. Referred to the Committee on State Planning & Community Affairs - Local. HB 1238. By Representatives Floyd of the 154th and Chance of the 129th: A bill to provide that the school superintendent of the Liberty 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. Referred to the Committee on State Planning & Community Affairs - Local. HB 1239. By Representatives Floyd of the 154th and Chance of the 129th: A bill to amend an Act creating the board of commissioners of Liberty County, so as to provide for a seven-member board of commissioners consist ing of one county-wide district from which the chairman shall be elected and six single-member districts from which the other six members shall be sever ally elected. Referred to the Committee on State Planning & Community Affairs - Local. HB 1240. By Representative Bostick of the 138th: A bill to amend Code Section 48-2-15 of the Official Code of Georgia Anno tated, relating to the confidential and privileged nature of information WEDNESDAY, JANUARY 15, 1986 47 secured by the state revenue commissioner incident to the administration of any tax, so as to provide that the state revenue commissioner shall furnish to the finance officer or taxing official of the municipality any pertinent tax information from state tax returns to be used by those officials in the dis charge of their official duties. Referred to the Committee on Ways & Means. HB 1241. By Representative Bostick of the 138th: A bill to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals in traffic cases, so as to provide that when a case involving certain traffic offenses is transferred from a municipal court to a court having general misdemeanor jurisdiction any fine and forfeiture imposed shall be paid to the municipality in which the offense occurred. Referred to the Committee on Judiciary. HB 1242. By Representative Triplett of the 128th: A bill to amend Code Section 52-6-45 of the Official Code of Georgia Anno tated, relating to pilotage fees, generally, so as to eliminate certain require ments placed on a pilot to give directions for moorings and to dock ships. Referred to the Committee on Transportation. HB 1243. By Representatives Peters of the 2nd and Ramsey of the 3rd: A bill to amend Code Section 48-8-111 of the Official Code of Georgia Anno tated, relating to imposition of the special purpose county sales and use tax, so as to provide that such tax may be imposed for the purpose of certain water, sewer, or water and sewer capital outlay projects to be owned and operated by a county water and sewer district and one or more municipal ities. Referred to the Committee on Ways & Means. HB 1244. By Representatives Peters of the 2nd and Ramsey of the 3rd: A bill to amend an Act creating the office of the commissioner of Catoosa County, so as to change the compensation and allowances of the commis sioner. Referred to the Committee on State Planning & Community Affairs - Local. HB 1245. By Representatives Watson of the 114th and Hooks of the 116th: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to provide that a certain policy of insurance shall be null and void from the date of issuance when a pre mium payment is made by check, draft, or order which is not honored by the drawee as a result of lack of funds in the account. Referred to the Committee on Insurance. HB 1246. By Representatives Watson of the 114th, Kilgore of the 42nd and Hooks of the 116th: 48 JOURNAL OF THE HOUSE, A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Anno tated, relating to probate courts, so as to change the provisions relating to the filling of vacancies in the offices of the judge of probate court in certain counties; to provide that in counties where a chief clerk of the probate judge has been appointed, such chief clerk shall assume the duties of the office of the judge of the probate court upon the death, resignation, incapacity, or inability of such judge. Referred to the Committee on Judiciary. HB 1247. By Representative Watson of the 114th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to authorize a licensed insurance agent to charge a fee to any person whom the agent provides insurance or other services under Title 33, provided that the agent and person agree on the amount of fee; to change certain provisions relating to unfair methods of competition and unfair and deceptive acts or practices. Referred to the Committee on Insurance. HB 1248. By Representatives Adams of the 36th and Cheeks of the 89th: A bill to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to provide for the titling of vessels and outboard motors. Referred to the Committee on Game, Fish & Recreation. HB 1249. By Representatives Alien of the 127th, Hamilton of the 124th and Pannell of the 122nd: A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to make it unlawful for any parent, guardian, or other person having the legal care, custody, or control of any child under the age of 17 years to allow or permit such child to loiter at or upon any public place between the hours of 12:00 Midnight and 5:00 A.M. of the following day. Referred to the Committee on Judiciary. HB 1250. By Representatives Alien of the 127th, Randall of the 101st, Young of the 134th and Pettit of the 19th: A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances in civil cases, so as to provide that a case shall be continued if a member of the General Assembly who is a party or a party's attorney thereto is attending a scheduled meeting of a standing committee or subcommittee of the General Assembly conducting legislative business during the interim between sessions. Referred to the Committee on Judiciary. HB 1251. By Representatives Hasty of the 8th, Holcomb of the 72nd, Cummings of the 17th and Moore of the 139th: A bill to amend Code Section 20-2-200 of the Official Code of Georgia Anno tated, relating to certification and classification of professional personnel employed in public schools, so as to provide that, if a certain percentage of WEDNESDAY, JANUARY 15, 1986 49 the graduates of a postsecondary educational institution fail to pass certain tests, then future graduates of such educational institution shall not be eli gible to seek certification. Referred to the Committee on Education. HB 1252. By Representatives Bostick of the 138th and Carter of the 146th: A bill to amend an Act providing a new charter for the City of Tifton, so as to change the date for holding certain municipal elections. Referred to the Committee on State Planning & Community Affairs - Local. HB 1253. By Representative Morton of the 47th: A bill to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, so as to regulate the sale of limited edition reproductions of works of art; to require the disclosure of certain information with respect to the sale of fine art multi ples. Referred to the Committee on Industry. HB 1254. By Representative Morton of the 47th: A bill to amend Code Section 40-8-153 of the Official Code of Georgia Anno tated, relating to definitions of terms used in the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to exclude from the defini tion of the term "responsible motor vehicle" any motor vehicle the chassis of which was originally manufactured in a model year ending more than 11 years prior to the year of enforcement. Referred to the Committee on Motor Vehicles. HB 1255. By Representatives Barnett of the 59th and Bannister of the 62nd: A bill to amend Chapter 31 of Title 31 of the Official Code of Georgia Anno tated, relating to boxing match licenses, so as to change the provisions relat ing to the State Boxing Commission and the regulation of professional boxing matches and to create the State Professional Sports Commission to regulate professional sports events. Referred to the Committee on Industry. HB 1256. By Representatives Barnett of the 59th, Bannister of the 62nd, Lee of the 70th, Mueller of the 126th, McKinney of the 35th and others: A bill to amend Code Section 40-8-91 of the Official Code of Georgia Anno tated, relating to the marking and equipping of law enforcement vehicles, so as to require that all law enforcement vehicles used to enforce traffic laws be equipped with a flashing or revolving blue light, which light shall be mounted on the roof of the vehicle. Referred to the Committee on Public Safety. HB 1257. By Representative Dobbs of the 74th: A bill to amend Code Section 40-8-6 of the Official Code of Georgia Anno tated, relating to altering the suspension system of certain motor vehicles 50 JOURNAL OF THE HOUSE, operated on public streets or highways, so as to provide that it shall be unlawful to alter the suspension system of trucks, which may be operated on public streets or highways, more than two inches above or below the factory recommendation for such trucks. Referred to the Committee on Motor Vehicles. HB 1258. By Representatives Pinkston of the 100th, Groover of the 99th and Randall of the 101st: A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the sesquicentennial of the founding of Wesleyan College. Referred to the Committee on Motor Vehicles. HB 1265. By Representative Matthews of the 145th: A bill to amend Code Section 15-21-1 of the Official Code of Georgia Anno tated, relating to exemptions from jury duty, so as to entitle a person 65 years of age or older, upon request, to have such person's name removed from the jury list. Referred to the Committee on Judiciary. HB 1266. By Representative Matthews of the 145th: A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings in general, so as to provide that the right of a child who has reached the age of 14 years to select his custodial parent shall not include the right to deny visitation rights to the noncustodial parent. Referred to the Committee on Judiciary. HB 1267. By Representative Matthews of the 145th: A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Anno tated, relating to tax executions, so as to provide that notice of issuance of an execution shall be given by the state revenue commissioner to certain per sons other than the taxpayer named in the execution. Referred to the Committee on Ways & Means. HB 1268. By Representatives Porter of the 119th, Lawson of the 9th, Thomas of the 69th, Coleman of the 118th and Copelan of the 106th: A bill to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions affecting notaries public, so as to delete the requirement of recording a date of execution of a notarial act. Referred to the Committee on Judiciary. HB 1269. By Representatives Porter of the 119th, Lawson of the 9th, Thomas of the 69th, Coleman of the 118th and Copelan of the 106th: A bill to amend Part 4 of Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to filing of financing statements in secured transactions, WEDNESDAY, JANUARY 15, 1986 51 so as to provide that a financing statement or a continuation statement shall be effective for a period of five years. Referred to the Committee on Judiciary. HB 1270. By Representatives Wilson of the 20th, Kilgore of the 42nd, Burruss of the 20th, Sizemore of the 136th, Crosby of the 150th and others: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxation, so as to provide that the sale and use of hearing aids shall be exempt from sales and use taxation. By unanimous consent, HB 1270 was ordered engrossed. Referred to the Committee on Ways & Means. HB 1271. By Representatives Brooks of the 34th, Williams of the 54th, White of the 132nd, Alien of the 127th and Randall of the 101st: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that in any state or local primary or election the candidate receiving a plurality of the votes cast shall be nominated or elected; to define what shall constitute a plurality. Referred to the Committee on State of Republic. HB 1272. By Representatives Brooks of the 34th, Williams of the 54th, Bishop of the 94th, Thomas of the 31st, Holmes of the 28th and others: A bill to amend Chapter 17 of Title 50 of the Official Code of Georgia Anno tated, relating to state debt, investment, and depositories, so as to provide that no funds of the State of Georgia shall be invested or deposited in any financial institution which directly or through its subsidiaries has outstand ing loans to the Republic of South Africa. Referred to the Committee on Rules. HB 1273. By Representatives Buck of the 95th, Smyre of the 92nd, Robinson of the 96th, Bishop of the 94th, Moultrie of the 93rd and others: A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to pro vide for the definition, classification and taxation of certain intangible per sonal property held in a foreign country incident to the conduct of an insurance business within the foreign country. By unanimous consent, HB 1273 was ordered engrossed. Referred to the Committee on Ways & Means. HB 1274. By Representatives Moore of the 139th, Bostick of the 138th, Hasty of the 8th, Moody of the 153rd, Branch of the 137th and others: A bill to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the "Quality Basic Education Act," so as to provide that students in certain grades of the public schools of this state shall be required to meet certain 52 JOURNAL OF THE HOUSE, academic standards in order to be eligible to participate in certain extracur ricular activities. Referred to the Committee on Education. HB 1275. By Representatives Pinkston of the 100th, Dunn of the 73rd, Bostick of the 138th and Waldrep of the 80th: A bill to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory warrants, so as to provide that an affidavit made in a dispossessory proceeding may be made before a notary public. Referred to the Committee on Special Judiciary. HB 1276. By Representative Richardson of the 52nd: A bill to amend Code Section 20-2-754 of the Official Code of Georgia Anno tated, relating to procedures to be followed by public school disciplinary tribunals and the review of such proceedings, so as to afford the local board of education 15 days, excluding weekends and holidays, to decide appeals in disciplinary matters. Referred to the Committee on Education. HB 1277. By Representatives Thomas of the 69th, Chambless of the 133rd, Lawson of the 9th, Pannell of the 122nd and Alien of the 127th: A bill to amend Code Section 15-18-14 of the Official Code of Georgia Anno tated, relating to assistant district attorneys, so as to provide that any person who is appointed as a state paid assistant district attorney and who has attained an LL.M. degree may be appointed at a salary step which is two steps higher than the salary step for which such person is otherwise quali fied. Referred to the Committee on Judiciary. HB 1278. By Representatives Thomas of the 69th, Chambless of the 133rd and Lawson of the 9th: A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, so as to repeal in its entirety Chapter 6 of said title, relating to takeovers of certain corporations; to make certain editorial changes con nected therewith. Referred to the Committee on Judiciary. HB 1279. By Representatives Thomas of the 69th, Chambless of the 133rd, Lawson of the 9th, Robinson of the 96th and Davis of the 45th: A bill to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions in general, so as to provide that if the Attorney General elects not to appeal from a judgment in favor of the petitioner in a habeas corpus proceeding instituted by or on behalf of a felony inmate then the Attorney General shall give notice of his decision to the district attorney who prosecuted the inmate. Referred to the Committee on Judiciary. WEDNESDAY, JANUARY 15, 1986 53 HB 1280. By Representative Phillips of the 120th: A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface-water use, so as to authorize the issuance of general permits for discharges of pollutants; to provide for the administration of certain federal funds. Referred to the Committee on Natural Resources & Environment. HB 1281. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th: A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, known as the "Financial Institutions Code of Georgia," so as to repeal the definition of the term "money"; to authorize the department to expend funds for the recruitment, training, and certification of a professional staff of financial examiners. Referred to the Committee on Banks & Banking. HB 1282. By Representatives Robinson of the 58th and Byrd of the 153rd: 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 Prac tices Act of 1975;" to declare unfair or deceptive acts or practices in the con duct of office supply transactions in trade or commerce to be unlawful. Referred to the Committee on Industry. HB 1283. By Representatives Walker of the 115th and Chambless of the 133rd: A bill to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public in general, so as to change the requirements for performance of notarial acts; to specify the manner of endorsement of an application for a notary commission. Referred to the Committee on Judiciary. HB 1284. By Representatives Chambless of the 133rd, White of the 132nd, Young of the 134th and Balkcom of the 140th: A bill to provide for the Joint County-Municipal Board of Registration and Elections for Dougherty County and the City of Albany pursuant to Code Section 21-2-45 of the Official Code of Georgia Annotated, and define its powers, duties, and responsibilities; to provide a method for the selection, resignation, and removal of its members and for filling vacancies. Referred to the Committee on State Planning & Community Affairs - Local. HB 1285. By Representatives Chambless of the 133rd, Childers of the 15th, Ware of the 77th, Richardson of the 52nd, Wood of the 9th and others: A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to state health planning and development, so as to authorize the Health Planning Agency to establish and conduct a state-wide health care data clearing-house to collect, verify, compile, analyze, and disseminate certain health care data. Referred to the Committee on Health & Ecology. HB 1286. By Representatives Walker of the 115th, Lee of the 72nd, Burruss of the 20th, Connell of the 87th, Richardson of the 52nd and others: 54 JOURNAL OF THE HOUSE, A bill to amend Code Section 21-5-5.1 of the Official Code of Georgia Anno tated, relating to the disclosure of financial interests by candidates for cer tain public offices, so as to provide that the requirement to file a disclosure of financial interests report shall apply to every candidate who qualifies for nomination or election as a member of the General Assembly of Georgia. Referred to the Committee on Rules. HB 1287. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Burruss of the 20th, Connell of the 87th and others: A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Anno tated, relating to the vacation of office of certain public officials, so as to provide that suspension procedures shall be initiated upon indictment by the United States for certain felonies; to provide that a public official who is sus pended from office shall not receive any compensation after the initial con viction. Referred to the Committee on Rules. HB 1288. By Representatives Brown of the 88th, Redding of the 50th, Walker of the 85th, McKinney of the 35th and White of the 132nd: A bill to amend Code Section 3-5-83 of the Official Code of Georgia Anno tated, relating to the use of excess malt beverage tax revenues in certain con solidated governments and in certain counties and municipalities located therein, so as to delete those provisions regarding the use of those excess revenues in counties having a population of not less than 162,000 nor more than 165,000. Referred to the Committee on Regulated Beverages. HB 1289. By Representative Bray of the 91st: 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 Meriwether County board of education and school superintendent. Referred to the Committee on State Planning & Community Affairs - Local. HB 1290. By Representative Bray of the 91st: 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 Meriwether County Development Authority and its powers and operation. Referred to the Committee on State Planning & Community Affairs - Local. HB 1291. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th, Moultrie of the 93rd, Smyre of the 92nd and others: A bill to amend an Act creating the Muscogee County School District, so as to authorize the school district to construct, maintain, and operate museums; to authorize the school district to obtain the services of a private nonprofit corporation to assist and work with the school district in the operation of its art galleries, art centers, and museums. Referred to the Committee on State Planning & Community Affairs - Local. WEDNESDAY, JANUARY 15, 1986 55 HB 1292. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th, Moultrie of the 93rd, Smyre of the 92nd and others: A bill to amend an Act creating the Muscogee County School District, so as to provide that the superintendent of the board of education may in an emergency make certain contracts where the expenditure exceeds $2,500.00. Referred to the Committee on State Planning & Community Affairs - Local. HB 1293. By Representatives Isakson of the 21st, Adams of the 36th, Robinson of the 58th, Bailey of the 72nd, Barnett of the 59th and others: A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to metropolitan area planning and development commissions, so as to authorize the commission to be the contracting and coordinating agent for the governing bodies of political subdivisions in the metropolitan area with regard to certain regional public projects and to pro vide for conditions and procedures relating thereto. Referred to the Committee on State Planning & Community Affairs. HB 1294. By Representatives Barnett of the 10th, Jamieson of the llth, Patten of the 149th, Cummings of the 17th, Clark of the 13th and others: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from the sales and use tax, so as to provide that the sales and use tax shall not apply to sales of liquefied petroleum gas or other fuel used to heat a structure in which broilers, pullets, or other poultry are raised. By unanimous consent, HB 1294 was ordered engrossed. Referred to the Committee on Ways & Means. HB 1295. By Representatives Couch of the 40th and Watson of the 114th: A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of architects, so as to change the number of members of the board; to authorize the board, after notice and hearing, to issue a cease and desist order prohibiting violations of this chapter. Referred to the Committee on Industry. HB 1296. By Representative Robinson of the 96th: A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for retention periods for corporate documents filed with the Secretary of State; to provide for grounds upon which a corporate name reservation may be revoked by the Secretary of State. Referred to the Committee on Judiciary. HB 1297. By Representatives Lawler of the 20th, Atkins of the 21st, Cooper of the 20th, Parrish of the 109th, Athon of the 57th and others: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from the sales and use tax, so as to provide that sales of insulin and insulin syringes dispensed without a prescription shall be exempt from the imposition of the tax. 56 JOURNAL OF THE HOUSE, By unanimous consent, HB 1297 was ordered engrossed. Referred to the Committee on Ways & Means. HB 1298. By Representative Smith of the 78th: A bill to authorize the board of commissioners of Butts County to levy, assess, and collect license fees upon certain business activities conducted within Butts County. Referred to the Committee on State Planning & Community Affairs - Local. HB 1299. By Representative Smith of the 78th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Butts County Industrial Development Authority and providing for its powers, authority, funds, purposes, and procedures. Referred to the Committee on State Planning & Community Affairs - Local. HB 1300. 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, 1986, and ending June 30, 1987. Referred to the Committee on Appropriations. HB 1301. By Representatives Cheeks of the 89th, Triplett of the 128th, Lane of the lllth, Dobbs of the 74th, Lord of the 107th and others: A bill to amend Code Section 32-6-24 of the Official Code of Georgia Anno tated, relating to vehicle length limitations, so as to authorize certain loads exceeding 60 feet in length without a permit; to specify certain limitations for such loads. Referred to the Committee on Motor Vehicles. HB 1302. By Representatives Cheeks of the 89th, Triplett of the 128th, Lane of the lllth, Dobbs of the 74th, Lord of the 107th and others: A bill to amend Code Section 32-6-28 of the Official Code of Georgia Anno tated, relating to permits for excess vehicle weights and dimensions, so as to authorize the issuance of special permits for oversized loads for vehicles transporting certain commodities on all roads and without regard to whether the load can be dismantled or separated. Referred to the Committee on Transportation. HB 1303. By Representatives Cheeks of the 89th, Triplett of the 128th, Lane of the lllth, Dobbs of the 74th, Lord of the 107th and others: A bill to amend Code Section 32-6-28 of the Official Code of Georgia Anno tated, relating to permits for excess vehicle weights and dimensions, so as to authorize annual permits for all types of loads not specifically provided for. Referred to the Committee on Transportation. WEDNESDAY, JANUARY 15, 1986 57 HB 1304. By Representatives Cheeks of the 89th, Triplett of the 128th, Lane of the lllth, Dobbs of the 74th, Lord of the 107th and others: A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to limitations on dimensions and weights of vehi cles and loads, so as to authorize certain loads to be 14 feet in height; to pro vide a length limitation for certain vehicles and loads. Referred to the Committee on Transportation. HB 1305. By Representatives Cheeks of the 89th, Triplett of the 128th, Lane of the lllth, Dobbs of the 74th, Lord of the 107th and others: A bill to amend Code Section 32-6-24 of the Official Code of Georgia Anno tated, relating to vehicle length and load limitations, so as to provide length limitations for vehicles transporting boats. Referred to the Committee on Transportation. HB 1306. By Representatives Cheeks of the 89th, Triplett of the 128th, Lane of the lllth, Dobbs of the 74th, Lord of the 107th and others: A bill to amend Code Section 32-6-26 of the Official Code of Georgia Anno tated, relating to vehicle weight and load limitations, so as to provide for weight limitations on certain county roads. Referred to the Committee on Transportation. HB 1307. By Representatives Cheeks of the 89th, Triplett of the 128th, Lane of the lllth, Dobbs of the 74th, Lord of the 107th and others: A bill to amend Code Section 32-6-26 of the Official Code of Georgia Anno tated, relating to vehicle weight and load limitations, so as to provide a definition of tandem axle. Referred to the Committee on Transportation. HB 1308. By Representatives Cheeks of the 89th, Triplett of the 128th, Lane of the lllth, Dobbs of the 74th, Lord of the 107th and others: A bill to amend Code Section 32-6-26 of the Official Code of Georgia Anno tated, relating to vehicle weight and load limitations, so as to provide that until April 1, 1988, petroleum transporters shall not be subject to the federal bridge formula. Referred to the Committee on Transportation. HB 1309. By Representatives Cheeks of the 89th, Triplett of the 128th, Lane of the lllth, Dobbs of the 74th, Lord of the 107th and others: A bill to amend Code Section 32-6-28 of the Official Code of Georgia Anno tated, relating to permits for excess vehicle weights and dimensions, so as to authorize the issuance of special permits to certain vehicles transporting cer tain cargoes to and from Georgia's ocean port facilities. Referred to the Committee on Transportation. HB 1310. By Representatives Cheeks of the 89th, Triplett of the 128th, Lane of the lllth, Dobbs of the 74th, Lord of the 107th and others: 58 JOURNAL OF THE HOUSE, A bill to amend Code Section 32-6-26 of the Official Code of Georgia Anno tated, relating to weight limitations on highways, so as to change certain weight limitations on vehicles exceeding 55 feet in length. Referred to the Committee on Transportation. HB 1311. By Representatives Cheeks of the 89th, Triplett of the 128th, Lane of the lllth, Dobbs of the 74th, Lord of the 107th and others: A bill to amend Code Section 32-6-26 of the Official Code of Georgia Anno tated, relating to vehicle weight and load limitations, so as to establish cer tain weight limitations for certain vehicles transporting redimix concrete. Referred to the Committee on Transportation. HB 1312. By Representatives Cheeks of the 89th, Triplett of the 128th, Lane of the lllth, Dobbs of the 74th, Lord of the 107th and others: A bill to amend Code Section 32-6-26 of the Official Code of Georgia Anno tated, relating to vehicle weight and load limitations, so as to provide an exemption from certain weight limitations for vehicles registered in the state prior to a specific date. Referred to the Committee on Transportation. HB 1313. By Representatives Cooper of the 20th, Lawler of the 20th, Atkins of the 21st, Johnson of the 21st, Aiken of the 21st and others: A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Anno tated, relating to corporate, police, recorders', and mayors' courts, so as to repeal certain provisions relating to jurisdiction in cases of operating motor vehicle without certificate of emission inspection, to amend Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to control of vehicle emissions, so as to repeal the "Georgia Motor Vehicle Emission Inspection and Maintenance Act." Referred to the Committee on Motor Vehicles. HB 1314. By Representative Steinberg of the 46th: A bill to amend Code Section 28-5-60 of the Official Code of Georgia Anno tated, relating to creation of the Claims Advisory Board, so as to provide that the commissioner of corrections serve on the board; to provide for a quorum necessary to transact official business. Referred to the Committee on State of Republic. HB 1315. By Representatives Thomas of the 69th, Chambless of the 133rd, Lawson of the 9th and Alien of the 127th: A bill to amend Chapter 5 of Title 31 of the Official Code of Georgia Anno tated, relating to administration and enforcement by the Department of Human Resources and county boards of health, so as to change the provi sions for appeal of any final order or action of the Department of Human Resources to the superior court; to provide that such review shall be con ducted without a jury and shall be confined to the record. Referred to the Committee on Judiciary. WEDNESDAY, JANUARY 15, 1986 59 HB 1316. By Representatives Childers of the 15th, Athon of the 57th, McKelvey of the 15th and Smith of the 16th: A bill to amend Code Section 43-34-37 of the Official Code of Georgia Anno tated, relating to disciplinary sanctions by the Composite State Board of Medical Examiners, so as to require that board to investigate a licensee's fit ness to practice medicine if the board receives certain notifications regarding judgments or settlements relating to medical malpractice claims or relating to the practice of medicine. Referred to the Committee on Health & Ecology. HB 1317. By Representatives Jackson of the 9th, Thompson of the 20th, Burruss of the 20th, Hasty of the 8th, Wilson of the 20th and others: A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to the registration and licensing of motor vehicles, so as to change the date before which all vehicles shall be licensed and registered each year; to provide that in certain counties vehicles shall, between January 1 and May 1 of each year, be registered during designated registration periods. Referred to the Committee on Motor Vehicles. HB 1318. By Representatives Ray of the 98th, Watson of the 114th, Beck of the 148th, Carter of the 146th, Adams of the 36th and others: A bill to amend Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions affecting parks, historic areas, memorials, and recreation, so as to provide that persons who have attained the age of 65 shall be admitted to parks, historic sites, and recrea tion areas and shall be entitled to use facilities at such places for one-half of the amount regularly charged. Referred to the Committee on Game, Fish & Recreation. HR 478. By Representatives Alien of the 127th and Greer of the 39th: A resolution creating the House Teen-age Pregnancy Study Committee. Referred to the Committee on Rules. HR 479. By Representatives Alien of the 127th, Hamilton of the 124th, Padgett of the 86th, Brown of the 88th and Smyre of the 92nd: A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by local law for the freezing of ad valorem tax assessments of certain renovated real property in historic districts. Referred to the Committee on Ways & Means. HR 480. By Representatives Morton of the 47th and Davis of the 45th: A resolution proposing an amendment to the Constitution so as to prohibit the General Assembly and any local governing authority from prohibiting the investment of public money in any corporation or other legal entity based on the fact that such corporation or entity makes investments in or transacts business with a particular foreign country or countries. Referred to the Committee on Banks & Banking. 60 JOURNAL OF THE HOUSE, HR 481. By Representative Oliver of the 121st: A resolution compensating Mr. R. Glenn Smith. Referred to the Committee on Appropriations. HR 482. By Representatives Kilgore of the 42nd, Watts of the 41st and Lee of the 70th: A resolution granting a perpetual easement for construction, operation, and maintenance of a lightguide cable under property owned by the State of Georgia in Douglas County, Georgia. Referred to the Committee on State Institutions & Property. HR 500. By Representatives Colwell of the 4th, Murphy of the 18th, Connell of the 87th, Burruss of the 20th, Russell of the 64th and others: A resolution relating to the acceptance of the offer of the lessee, Seaboard System Railroad, Inc., successor by merger to the Louisville and Nashville Railroad Company, to amend the lease of the Western and Atlantic Railroad dated March 4, 1968. Referred to the Committee on State Institutions & Property. HR 501. By Representatives Brooks of the 34th, Williams of the 54th, White of the 132nd, Alien of the 127th, Randall of the 101st and others: A resolution proposing an amendment to the Constitution so as to provide for election of the Secretary of State, Attorney General, State School Super intendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor by a plurality of the votes cast. Referred to the Committee on State of Republic. HR 502. By Representatives Brooks of the 34th, Williams of the 54th, Bishop of the 94th, Thomas of the 31st, Holmes of the 28th and others: A resolution calling for the release of South African political prisoners and detainees. Referred to the Committee on Rules. HR 505. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Burruss of the 20th, Connell of the 87th and others: A resolution proposing an amendment to the Constitution so as to provide that the procedures for suspending certain public officials shall be initiated upon indictment for certain felonies by the United States and to provide that a public official who is suspended from office shall not receive any compen sation after the initial conviction and to provide that if the public official is reinstated to office he shall be entitled to receive any compensation withheld. Referred to the Committee on Rules. HR 506. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Burruss of the 20th, Connell of the 87th and others: WEDNESDAY, JANUARY 15, 1986 61 A resolution proposing an amendment to the Constitution so as to provide that a judge who is suspended from office shall not receive any compensation after the initial conviction and to provide that if the judge is reinstated to office, he shall be entitled to receive any compensation withheld. Referred to the Committee on Rules. HR 507. By Representatives Hays of the 1st, Colwell of the 4th and Peters of the 2nd: A resolution authorizing the conveyance of the State of Georgia's interest in a 99 year Lease Agreement of certain state owned real property located in Hamilton County, Tennessee. Referred to the Committee on State Institutions & Property. HR 508. By Representatives Chambless of the 133rd, Childers of the 15th, Ware of the 77th, Richardson of the 52nd and Parham of the 105th: A resolution creating the House Hospital Cost Containment Study Commit tee. Referred to the Committee on Health & Ecology. HR 509. By Representatives Williams of the 6th, Wilson of the 20th, Murphy of the 18th, Burruss of the 20th, Ramsey of the 3rd and others: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for additional sources of revenue for local school systems. Referred to the Committee on Ways & Means. HR 510. By Representatives Moore of the 139th, Crosby of the 150th, Dixon of the 151st, Moody of the 153rd, Branch of the 137th and others: A resolution proposing an amendment to the Constitution so as to provide that the value of certain tangible real property devoted to bonafide agricul tural purposes shall not include the value of fixtures attached to such agri cultural property or improvements to existing fixtures on such agricultural property which occur on or after January 1, 1987, provided such fixtures or improvements to existing fixtures are for agricultural purposes. By unanimous consent, HR 510 was ordered engrossed. Referred to the Committee on Ways & Means. HR 511. By Representative Adams of the 36th: A resolution compensating Mrs. Helen Beech. Referred to the Committee on Appropriations. HR 512. By Representatives Colwell of the 4th and Foster of the 6th: A resolution to amend a resolution (Res. Act No. 272) providing for the acceptance of a bid of Southern Railway Company (now Norfolk Southern Corporation) for the lease of certain state owned property in Fulton County, so as to authorize the State of Georgia, acting by and through the State 62 JOURNAL OF THE HOUSE, Properties Commission, to modify or amend the lease agreement with Norfolk Southern Corporation. Referred to the Committee on State Institutions & Property. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 1223 HB 1224 HB 1225 HB 1226 HB 1227 HB 1228 HB 1229 HB 1230 HB 1231 HB 1232 HB 1259 HB 1260 HB 1261 HB 1262 HB 1263 HB 1264 HR 476 HR 477 Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 474 Do Pass HR 475 Do Pass HR 473 Do Pass Respectfully submitted, /si Lee of the 72nd Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 618 Do Pass, by Substitute HB 911 Do Pass, by Substitute Respectfully submitted, /s/ 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 of the House and has instructed me to report the same back to the House with the following recommendations: WEDNESDAY, JANUARY 15, 1986 63 HB 1132 Do Pass HB 1133 Do Pass HB 1138 Do Pass HB 1207 Do Pass Respectfully submitted, /s/ Adams of the 36th Chairman By unanimous consent, the following Bills of the House were taken up for consider ation and read the third time: 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 Laurens County from single-member districts; to provide residency requirements. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 1132 was ordered immediately transmitted to the Senate. 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 author ity of the Board of Education of Habersham County to borrow funds and pledge certain building funds for the payment thereof. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 1133 was ordered immediately transmitted to the Senate. 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 chair man and board of commissioners of said county, so as to provide require ments relative to conflicts of interest in making zoning changes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 1138 was ordered immediately transmitted to the Senate. 64 JOURNAL OF THE HOUSE, HB 1207. By Representatives Ware of the 77th and Milam of the 81st: A bill to provide a board of education of Troup County; to provide for the election of members of the board; to provide education districts from which members of the board shall be elected. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 1207 was ordered immediately transmitted to the Senate. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate: SR 286. By Senators Coverdell of the 40th and Howard of the 42nd: A resolution expressing regret at the untimely passing of Officer Philip Bruce Mathis of the Atlanta Police Force. The Speaker Pro Tern assumed the Chair. Representative Brooks of the 34th arose to a point of personal privilege and addressed the House. Representative Johnson of the 72nd 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 Human Relations and Aging: HR 516. By Representatives Holmes of the 28th, Brooks of the 34th, Johnson of the 123rd, Randall of the 101st, Thomas of the 31st and others: A resolution calling for the immediate and unconditional release of Nelson Mandela and all South African political prisoners and detainees. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House: HR 499. By Representatives Murphy of the 18th, Walker of the 115th and Lee of the 72nd: A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Repre sentatives and the Senate to hear a message from the Governor. WEDNESDAY, JANUARY 15, 1986 65 The Speaker assumed the Chair. Under the general order of business, the following Bill of the House was taken up for consideration and read the third time: HB 1140. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th, Connell of the 87th, Lee of the 72nd and others: A BILL To provide supplementary appropriations for the State Fiscal Year ending June 30, 1986, in addition to any other appropriations heretofore or hereafter made for the oper ation of state government and the purposes provided for herein; 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 State Fiscal Year, and are in addition to any other appropriations heretofore or hereafter made for the operation of state government. Section 1. Department of Administrative Services, for Direct Payments to the Georgia Building Authority for Capital Outlay......................................................................................................................! 1,000,000 Section 2. TOTAL APPROPRIATION STATE FISCAL YEAR 1986.............................................................................................................$ 1,000,000 Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. The following Committee substitute was read: A BILL To provide supplementary appropriations for the State Fiscal Year ending June 30, 1986, in addition to any other appropriations heretofore or hereafter made for the oper ation of state government and the purposes provided for herein; 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 State Fiscal Year, and are in addition to any other appropriations heretofore or hereafter made for the operation of state government. Section 1. Department of Administrative Services, for Direct Payments to the Georgia Building Authority for Capital Outlay. STATE APPROPRIATION.................................................................................! 1,000,000 Provided that the Georgia Building Authority and the Georgia State Financing and Investment Commission are authorized to apply $3,217,000 of existing general obligation bond proceeds for building renovations and for the acquisition of furniture and fixtures. Section 2. Department of Agriculture. 66 JOURNAL OF THE HOUSE, The Department is authorized and directed to permit the use of funds previously appropriated for the implementation of a merit-type salary plan for employees of the Poultry Veterinary Diagnostic Laboratories, effective February 1, 1986. Section 3. Department of Community Affairs, for Payment to the Georgia Development Authority for Loans to Counties and Municipalities. STATE APPROPRIATION...............................................................................$ 20,000,000 Section 4. Department of Corrections, for Capital Outlay. STATE APPROPRIATION.................................................................................! 1,700,000 Section 5. State Board of Education - Department of Edu cation. For Vocational-Technical School Construction and Renovation ........................................................................................................$ 10,460,000 For Equipment for Local Systems ....................................................................$ 17,451,200 For Public Library Construction.......................................................................! 17,270,000 For Local School Construction ..........................................................................$ 27,855,000 STATE APPROPRIATION...............................................................................! 73,036,200 Section 6. Department of Industry and Trade, for Payment to the Georgia World Congress Center. STATE APPROPRIATION....................................................................................! 695,000 Section 7. Teachers Retirement System. STATE APPROPRIATION.............................................................................! 134,000,000 Section 8. State of Georgia General Obligation Debt Sinking Fund (new). STATE APPROPRIATION...............................................................................! 23,515,858 Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, !23,515,858 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement, and improve ment of county and independent school systems throughout the State of Georgia, including land, property, school buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, under the jurisdiction of the State Board of Education, through the issuance of not more than !94,000,000 in principal amount of General Obligation Debt. Section 9. TOTAL STATE APPROPRIATION FOR STATE FISCAL YEAR 1986 ..........................................................................$ 253,947,058 Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 11. All laws and parts of laws in conflict with this Act are repealed. The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 1140, designating Representative McDonald of the 12th as Chairman thereof. The Speaker called the House to order. The Committee of the Whole arose and through its Chairman reported HB 1140 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute. The Committee substitute was adopted. WEDNESDAY, JANUARY 15, 1986 67 The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams,G Y Adam9,M Y Aiken Y 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 YBck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Brooks Brown,G 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 YCoi Y Crawford Y Crosby Y Cummings Daugherty Y Davis YDean Y Diion Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster YGaler YGodbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Y Manner Y Harris 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 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 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 Padgett Y Pannell YParham YParrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,P YRoss Royal Y Russell YSelman Y Shepard Y Sherrod SinkTield 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 N Walker.C Y Walker.L YWall Y Ware Y Watson Y Watts Y White Y Wilder Y WiUiams,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 169, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute. Representative Reaves of the 147th 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, HB 1140, by substitute, was ordered immediately transmitted to the Senate. The Speaker announced the House in recess until 10:45 o'clock this morning. The Speaker called the House to order. The hour of convening the Joint Session pursuant to HR 457 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the pur pose of hearing an address from the Governor, was called to order by the President of the Senate, Lieutenant Governor Zell Miller. The Resolution calling for the Joint Session was read. 68 JOURNAL OF THE HOUSE, Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Joe Frank Harris, appeared upon the floor of the House and deliv ered the following address: Lieutenant Governor Miller, Speaker Murphy, members of the General Assembly, mem bers of the Appellate Courts, constitutional officers, members of the Consular Corps, distinguished guests, ladies and gentlemen: I come before you today to make the fourth state of the state address of the term to which I was elected in 1982. When I stood before you in three previous years, I told you that the state of our state was good, and that we had made much progress, those assessments were based on a look backward at the problems and at the achievements of the previous year. Today, I have a far different perspective as I stand here before you. This year's report is based on a look at the future, not at the past. Looking straight ahead as the next cen tury rushes toward us, I am proud to be able to say to you that the state of the State of Georgia is excellent, in fact, it is better than it has ever been and we are better pre pared to meet the challenges of the future than ever before. For the first time in our history, ladies and gentlemen, a governor can report to the people of Georgia that our state is no longer on the defensive. In these past three years, a new philosophy has emerged in your state government, a philosophy which is geared specifically toward the future. No longer are we satisfied with simply reacting to a crisis. No longer do we allow a crisis to dictate our daily activities and decisions. No longer do we let a crisis obscure our vision of the future. State government has made the transition from crisis management to strategic planning, from fragmentation of efforts to coordination and teamwork, from worrying about the next day's headlines to building for the next generation. For most of my 21 years in state government, we have struggled with excuses and explana tions for our shortcomings, our problems and our low rankings, and I have seen state government's priorities change before the winds of the latest emergency. For years, state government was continuously wrenched one way, then another, always reacting, and usually our reaction was simply to throw money at a problem, to make it recede into the background until some other problem took its place. The steady demand for crisis management has taught us some hard lessons, but they are the sort of lessons that form the basis for the optimism I feel for out state today. We have learned to focus our vision, to target our efforts and to manage our resources. Apologies and excuses for Georgia's state government are no longer necessary. This is cer tainly not to say that we are without problems; there will always be problems that must be addressed, and we will always have critics and Monday-morning quarterbacks to tell us how. But now all across state government we have in place solid programs, sound policies and dedicated people working to address issues before they become problems, and we are motivated by a clear vision of the future - a vision that extends past the next week, the next month, the next year, the next term, clear into the 21st century. Out of the ashes of our prison crisis has grown a correctional system which is a nationwide model. Along with it, we have implemented what is known as the intensive probation pro gram, another Georgia concept which is winning national acclaim. With an ambitious con struction plan, we are successfully managing a growing prison population with a strategy geared to the future. We have tackled the problem of drunk driving with tough laws, tougher enforcement and a greater public awareness of the dangers of drinking and driving. WEDNESDAY, JANUARY 15, 1986 69 We now have a coordinated, all-out war on drugs in Georgia, combining the resources, manpower and equipment of six state agencies to clamp down on drug traffickers and ille gal drug cultivation in our state. We have rebuilt our reserve funds to their legally mandated limit through good manage ment, and this year we have a healthy surplus to be applied toward needed capital outlay projects and other one-time expenditures. We have implemented a concentrated approach to development under the economic development council, and Georgians are enjoying record levels of personal income growth and job opportunities. Manufacturing investment in our state topped $2 billion for the first time in history last year, and total new and expanded capital investment in our state hit a record $21 billion, a 92 percent increase over 1984. In education, last session we enacted a reform program which is being hailed across the country as the most all-inclusive effort yet undertaken by any state. New levels of account ability and renewed citizen involvement are already affecting achievement and morale. Most importantly, with the passage of the Quality Basic Education Act, you and I have made education the top priority for Georgia. We have said that we can best prepare for the future by ensuring that our children receive a quality education now. It took us a long time to say that and mean it. Now that we have, there is no turning back. That is why the majority of the funds I am recommending to you in both the amended budget and the fiscal year 1987 budget are devoted to the enhancement of education. Our public schools alone will receive 53.7 percent of all new funds available for expendi ture, and including vocational education, the university system, student finance and teacher retirement programs, education is receiving over 64 percent of all new, nonearmarked funds in the two budgets you will be considering this session. The Quality Basic Education Act was designed to be funded in a four-year, phased-in plan. Although this budget represents the second round of funding, my recommendation of $313,048,552 million for Q.B.E. carries us well past the halfway point in the program. Counting all funds relating to the operation of our elementary and secondary public schools, I am recommending an increase of approximately $338 million for improving the educational future of our children. My recommendation for the fiscal year 1987 budget totals $5,316,000,000, based on a pro jected revenue increase of 6.9 percent over the amended budget. It will be one of Georgia's historic budgets to future generations because we will achieve two milestones in education: First, full-funding of the Quality Basic Education Act, which I pledged to the people of Georgia. And second, full-funding of the university system formula recommended by a 1982 study committee on higher education and a dream that many thought we would never achieve. Q.B.E. profoundly changes the entire level and structure of state and local funding for our public schools, creating a true partnership for the first time. A new equalization program is designed to even out the funds per student that school systems receive from each mill for enrichment over and above Q.B.E. I am recommending $83 million in 1987 for this spe cific purpose. Also included under Q.B.E. are $136 million for the new formula itself and $23.5 million for other commitments. Some far-reaching changes in the Q.B.E. formula include: Full-day funding for kindergarten in all 186 school systems. Expanded classroom assistance for teachers. A 50 percent increase in maintenance and operation funds. A large increase for instructional materials and supplies. State funding for administrative staff now supported by the local systems. The first state funding for art, music and physical education specialists in grades 1-8. 70 JOURNAL OF THE HOUSE, Also being recommended is a $17.2 million construction program for our public libraries through five-year bonds. A key ingredient in the success of the QBE Program will be our ability to attract and retain competent professionals in the classroom. My 1987 recommendations call for a 5 percent pay raise for teachers and a beginning teacher salary of $16,800. These recom mendations are based on the market sensitive salary study designed to guarantee our edu cation professionals a salary structure which is comparable to other professionals with a four-year degree. While many of our teachers will actually receive a pay raise of about 8 percent, average teacher pay across Georgia will be almost $25,000, as a result. State employees, University System personnel, school bus drivers and lunchroom workers will receive a 4 percent across-the-board pay raise, in addition to the merit and within grade adjustments, keeping them all far ahead of the current inflation rate. The majority of these employees will actually receive a pay raise of about 8 percent. Also for our State employees, I am including $3,986,171 for upgrading selected classifi cations, and I am recommending that the State Personnel Board increase all merit system classes by one pay grade effective July 1. For our 3,000 correctional officers and selected classes in five other agencies, I am recommending an additional one-step increase, and for our retired teachers, I am recommending the full $9 million to fund House Bill 338. My request for the University System totalling $74.1 million increases the major repairs and rehabilitation fund to three-fourths of 1 percent of the system's physical plant, reduces the formula workload factor, increases the quality improvement item and allows research institutions to keep 100 percent of the indirect cost recoveries from research con tracts - or about $10 million. I am recommending that $1.9 million of the $10.8 million increase in the major repairs and rehabilitation funds be allocated to complete the capital outlay commitments of our deseg regation plan at Albany State, Fort Valley State and Savannah State colleges, and that $500,000 be allocated to renovate the soil testing laboratory at Athens, a needed improve ment for agriculture in our state. Also for our University System, I am recommending $54.5 million in bonds for new con struction, including $24.5 million to match $7.5 million already appropriated to complete the $32 million bioscience building at the University of Georgia, a project recommended by the research consortium. Other construction projects totalling $30 million include $10 million for an advanced technology and computer applications laboratory building at Georgia Tech, $7.8 million for a science building at Columbus College, $8.5 million for a multipurpose building at Georgia College, $1.5 million for a new administration building at Macon Junior College and $2.2 million for a science building addition at Dalton Junior College. On July 1, DeKalb Junior College will become the 34th unit of the University System, and the cost of operation for the first year is being recommended as part of the Regents' formula. Last year, we established the eminent scholars program, creating two $1 million chairs of excellence, one each at Georgia Tech and the University of Georgia with $500,000 in state funds. I am recommending that the program be expanded to the Medical College of Georgia and Georgia State University with another $500,000 in state funds creating the third and fourth $1 million chairs of excellence in our University System. For the Board of Postsecondary Vocational Education, I am recommending $752,358 in operating funds for four schools that will be ready to convert to state governance on July 1, Columbus, Heart of Georgia, Houston and Thomas. These funds replace local funds which have been used to operate the schools until now. Next to education funding, our best investment for the future is the investment we make in a comprehensive, coordinated economic development package. My 1987 recommendations include: WEDNESDAY, JANUARY 15, 1986 71 $20 million in cash to round out a $100 million "growth corridors" highway program, which begins with the 1986 amended budget and will be continued annually hereafter. $500,000 in a special investment fund, to be administered by the Department of Com munity Affairs for locating new industries. $5,570,000 for Dike construction at the Savannah ports. $1.6 million - to be matched with $800,000 from other sources - to establish a center of excellence in textile engineering at Southern Tech to assist one of our traditional indus tries hard hit by competition from foreign imports. This is the fifth project of the Georgia Research Consortium. Funds to promote Georgia tourism in Japanese markets, which should blossom with the beginning of direct air service from Tokyo this year. Funds to expand our industry recruitment and marketing program and continue a new cooperative advertising program with local industrial development organizations, which I proposed in the amended 1986 budget. And funds to modernize and improve 107 cottages at seven state parks operated by the Department of Natural Resources. No longer does economic development simply mean advertising for industries. Through the coordinated efforts of our State Department heads, working as a team on the economic development council, economic development has taken on new dimensions. From local development programs of the Department of Community Affairs, to environ mental review by the Department of Natural Recources, to the agribusiness promotion by the Department of Agriculture, to the final industry site selection process of the Depart ment of Industry and Trade, your state government managers are working today with local government officials, industry leaders, tourism promoters, agricultural leaders, and edu cation professionals to coordinate our recources and maximize our potential for growth like never before. The simple fact that we now attempt to coordinate water and sewer grants, C.D.B.G. grants and even discretionary fund grants with highway construction and other state spending, such as the expansion of Jekyll and other tourist attractions, says more about how far we have come in three years than anything. And while we are devoting much time and many hundreds of millions of dollars to edu cation and economic development, we are addressing - in meaningful ways - the needs of Georgians who are less fortunate than you and I. This year I am proud to be able to recommend to you one of the largest increases in the Department of Human Resources' budget in the department's history, over $42 million in new money. The largest portion of those funds - $10,313,820 - will continue the 15 percent increase in A.F.D.C. payments which I have recommended to start on April 1. This money will pro vide recipients with the single largest increase ever granted. In the area of infant mortality, I am recommending a total of $4,190,361 to fund five different programs aimed at lowering our current level of 13.4 deaths per 1,000 live births. The largest program is $2 million to increase contracts and grants to regional intensive infant care centers. To continue implementation of a statewide treatment system for alcoholics, I am recom mending $1,411,598 to upgrade services now available in northeast Georgia and metropol itan Atlanta. Three areas of the state received funding last year, leaving only three more regions still to be funded. Additionally, I am recommending: $2.7 million to expand the children's medical services program, adding 2,000 more children to the 12,000 currently served. $1,748,700 to expand community residential and support services for the mentally ill and mentally retarded. 72 JOURNAL OF THE HOUSE, $2,194,000 to fully fund the community care for the elderly program, which I spon sored as a member of the House. $600,000 to serve the mentally ill and homeless through a case management system and grants to support shelters. $439,581 to provide A.I.D.S. testing and diagnosis, public information and a 24-hour A.I.D.S. clinic at Grady Hospital. $1.5 million to increase staffing at Mental Health and Mental Retardation Insti tutions. $6,650,000 in bonds for major renovations at Gracewood State School and Hospital. To improve medicaid services, I am recommending $7.2 million to provide rate increases for providers, and $5,601,750 to improve nursing home services to the elderly. The management initiatives of our prison system entail a combination of programs and initiatives, including the "Grid" System Prison Construction, which in my term will result in 7,133 new bed spaces, county workcamp expansion, detention and transition centers and intensive probation. In 1987, I am seeking: $1.5 million to add 85 new security positions at six correctional institutions. Funds for an additional housing unit at the Rogers Correctional Institution. Funds to operate the new Forsyth Correctional Institution. $510,088 to increase county subsidy payments from $8.00 to $8.50 per inmate. Funds for 55 new probation supervisors and 35 community service coordinators. Funds to expand the county workcamp program from $1 million to $2 million, with the additional funds targeted for counties which add spaces for short-term felons and mis demeanants. Planning funds for two 100-bed detention centers for short-term, habitual offenders. $3.5 million to renovate the Bostick Building at Milledgeville. And planning funds for two transitional centers to be managed by the Board of Par dons and Paroles. To fund the first year of operation of our World-Class Law Enforcement Training Center in Forsyth - The Georgia Public Safety Training Center - I am recommending $2,715,732. I am also seeking $1.3 million to implement the GBI's new automated fingerprint system being recommended in the amended budget, including 21 positions, and funds for 17 new drug-fighting agents, bringing to 59 the number of GBI agents I have added to the war on drugs during my administration. To improve facilities and services at the drivers' license stations, I am recommending funding to complete the implementation of the computer-assisted drivers' license issuance system, along with 23 additional drivers' license examiners and clerks for the State Patrol. As you can see, even with a smaller percentage increase in the FY '87 budget than in 1986, we are remaining on the offensive in all areas of state government. It is a fact that the amended and new year budgets have become more intertwined with each year, but never as closely as they are this year. The decisions you make about the 1986 amended budget will impact significantly on the expenditures in 1987. The wisdom - and restraint - we exhibit will determine how well we weather a short-term slowdown in our revenue collections. I have every confidence in turning my recommendations over to you today, because together we have worked through some difficult times, made some tough decisions, and devised a plan for the future based on the experience of the past. You and I - together - have brought our State to this enviable point in its history, and you should certainly share my pride in what we have accomplished. We are mobilized, organized, and ready for action like never before in our history. We are not avoiding our problems; we are meeting them head on and solving them. WEDNESDAY, JANUARY 15, 1986 73 We lead most states in the country in job growth, in per capita income growth, in popu lation growth, in foreign investment, in university-level research, in the number of new business incorporations, in the number of high technology firms and jobs, and in the number of headquarters firms located here. But your action last session to improve the Quality Basic Education Act is the single strongest - and most meaningful - indication of Georgia's new competitiveness. Your unanimous endorsement of this history-making education reform package sent a clear mes sage to the world. Ladies and Gentlemen, the state of our State is good, and our potential is unlimited. We are prepared for the future, and we are no longer on the defensive. As long as I remain your Governor, my pledge to you is that I will do all in my power to never again let our State be on the defensive over any issue at any time. We have much to be thankful for, much to be proud of, and 37 legislative days of hard work ahead of us to reaffirm the statement made to the world last year, that we as Georgians seek excellence and will settle for nothing less. Thank you and God bless you. Senator Allgood of the 22nd moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed. The President of the Senate announced the Joint Session dissolved. The Speaker called the House to order. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 473. By Representatives Colwell of the 4th, Jackson of the 9th, Wood of the 9th, Lawson of the 9th, Long of the 142nd and others: A resolution commending Bill Elliott and inviting him to appear before the House of Representatives on January 15, 1986. Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 666. By Representatives Groover of the 99th and Murphy of the 18th: A bill to amend Part 6 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement under the Employees' Retirement System of Georgia of Justices of the Supreme Court, Judges of the Court of Appeals, and their employees, so as to change the provisions relating to optional benefits available to Justices of the Supreme Court and Judges of the Court of Appeals. 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 YAiken Y Alford Y Alien Y Andersen 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 74 JOURNAL OF THE HOUSE, Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G YBuck Burruss YByrd Y Carter Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCoi N Crawford Y Crosby Y Cummings Daugherty Y Davis YDean Y Diion YDobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster YGaler God bee Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Hill Y Holcomh 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 Y Lee.C Y Lee,W Y Linder YLogan Long YLord Y Lucas Y Lupton Maddox 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 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 Reaves Redding Y Richardson Y Robinson.C Y Robinson.P YRoss Y Royal Russell YSelman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,? Smith.T YSmyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Y Thompson Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker,L YWall Ware Y Watson Y 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, the ayes were 151, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representative Reaves of the 147th 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 355. By Representative Murphy of the 18th: A bill to amend Code Section 47-9-70 of the Official Code of Georgia Anno tated, relating to retirement benefits, disability benefits, spouses benefits, and age of retirement under the Superior Court Judges Retirement System, so as to change the provisions relating to retirement after reaching a certain age. The following Committee substitute was read and adopted: A BILL To amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Judges Retirement System, so as to change the provisions relating to retirement after reaching a certain age; to provide an option for the surviving spouse of certain superior court judges; to provide for payments in connection therewith; to pro vide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Judges Retirement System, is amended by striking subsection (a) of Code Section 47-9-70, relating to retirement benefits, disability benefits, spouses bene fits, and age of retirement under the Superior Court Judges Retirement System, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: WEDNESDAY, JANUARY 15, 1986 75 "(a) (1) Except as otherwise provided in this chapter, any member who has attained TO 75 years of age and who fails to retire effective on the first day of the calendar month next succeeding that in which he attains TO 75 years of age shall for feit his right to receive any retirement or disability benefits under this chapter, pro vided that a member who held office as a judge of the superior courts on July 1, 1976, shall not be required to retire, regardless of his age, until such member obtains ten years of creditable service to qualify him for early retirement benefits under subsec tion (a) of Code Section 47-9-71. (2) Any other provisions of this or any other law to the contrary notwithstanding, any judge who was a member of the system in 1980, who was reelected as a judge in 1980, and who attains the age of TO 75 years during the term to which he was reelected shall be allowed, if he chooses to do so, to complete the term to which he was reelected without forfeiting any retirement or disability benefits under this chapter. (3) Any other provisions of this or any other law to the contrary notwithstanding, any judge who is a member of the system, who is reelected as a judge in the future, and who attains the age of TO 75 years during the term to which he is reelected shall be allowed, if he chooses to do so, to complete the term to which he is reelected with out forfeiting any retirement or disability benefits under this chapter." Section 2. Said title is further amended by adding at the end of Code Section 47-9-73, relating to spouses benefits coverage under the Superior Court Judges Retirement System, a new subsection (1) to read as follows: "(1) (1) If a superior court judge had elected spouses benefits under this Code section and such judge had retired prior to the time subsection (k) of this Code section became effective as law, the surviving spouse of such superior court judge may qualify to receive the spouses benefits specified by subsection (b) of this Code section for life, rather than for life or until remarriage, by making a payment to the board of trustees consisting of: (A) The additional amount which would have been paid by the superior court judge under subsection (k) of this Code section if the option provided by said sub section (k) had been available to said judge prior to retirement and such judge had exercised said option; plus (B) Interest at the rate of 6 percent per annum on the amount determined under subparagraph (A) of this paragraph compounded from the date the amount under said subparagraph (A) would have been paid until the date the surviving spouse makes the payment to the board of trustees. (2) The option provided by paragraph (1) of this subsection must be exercised by January 1, 1987. A surviving spouse wishing to exercise said option shall apply there for to the board of trustees. The board of trustees shall make the calculations required under paragraph (1) of this subsection upon receiving such application and shall advise the surviving spouse of the amount of the payment required under said para graph (1) and the date on which such payment must be made to the board." Section 3. This Act shall become effective on 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 sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 115, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute. 76 JOURNAL OF THE HOUSE, HB 345. By Representatives Thompson of the 20th and Cooper of the 20th: A bill to amend Code Section 20-2-850 of the Official Code of Georgia Anno tated, relating to sick and annual leave for teachers and other personnel, so as to provide that accumulated sick and annual leave shall not be forfeited for a certain break in service if the break in service is to seek a higher or different level of certification. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 391. By Representative Cummings of the 17th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change the provisions relating to the definition of an employee under the Employees' Retirement System of Georgia; to change the provisions relating to the definition of a teacher under the Teachers Retirement System of Georgia. 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 change the provisions relating to the definition of an employee under the Employees' Retirement System of Georgia; to change the provisions relating to the definition of a teacher under the Teachers Retirement System of Georgia; to provide that certain personnel who are members of the employees' retirement system may elect to become members of the teachers' retirement system; to change the provisions relating to the transfer of service credits and contributions from the employees' retirement system to the teachers' retirement system; 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 adding between paragraph (16.1) and (17) of Code Section 47-2-1, relating to definitions under the Employees' Retirement System of Georgia, a new paragraph (16.2) to read as follows: "(16.2) The word 'employee' shall not include certified professional personnel who are in the unclassified service of the State Merit System of Personnel Administration and who are employed by the State Board of Education or by the State Department of Education and who elect to become members of the Teachers Retirement System of Georgia pursuant to the authority of subsection (i) of Code Section 47-3-60. As used in this paragraph, the term 'certified professional personnel* shall have the meaning pro vided for in paragraph (8.1) of Code Section 47-3-1." Section 2. Said title is further amended by adding between subparagraph (F) and subparagraph (G) of paragraph (28) of Code Section 47-3-1, relating to definitions under the Teachers Retirement system of Georgia, a new subparagraph (F.I) to read as follows: "(F.I) Certified professional personnel who are in the unclassified service of the State Merit System of Personnel Administration and who are employed by the State Board of Education or by the State Department of Education and who become members of this retirement system pursuant to the authority of subsection (i) of Code Section 47-3-60;" WEDNESDAY, JANUARY 15, 1986 77 Section 3. Said title is further amended by adding at the end of Code Section 47-3-60, relating to membership in the Teachers Retirement System of Georgia, a new sub section (i) to read as follows: "(i) (1) This subsection shall apply to certified professional personnel in the unclas sified service of the State Merit System of Personnel Administration who are employed by the State Board of Education or the State Department of Education on July 1, 1986, and who are members of the Employees' Retirement System of Georgia and have at least five years of membership service in said retirement system as of July 1, 1986. (2) At any time from July 1, 1986, until not later than July 1, 1987, certified pro fessional personnel described in paragraph (1) of this subsection are authorized to transfer service credits and membership, including employer and employee contribu tions, from the Employees' Retirement System of Georgia to this retirement system. Any such personnel electing to transfer such service credits and membership to this retirement system shall be required to make additional contributions to this retire ment system so that the annuity account balance of the transferring person shall be the same as though the transferring person had been a member of this retirement system during the period of time for which service credits are transferred from the Employees' Retirement System of Georgia to this retirement system or, in the absence of such payment, the board of trustees of this retirement system shall adjust the transferring person's credits in proportion to the contributions transferred from the Employees' Retirement System of Georgia to this retirement system. Any such per sonnel shall exercise the authority provided by this paragraph by written notification to the board of trustees of each of the retirement systems. (3) If any person who transfers to this retirement system pursuant to the authority of this subsection subsequently becomes employed in a position where membership in the Employees' Retirement System of Georgia is required, any creditable service obtained under this retirement system for teaching service in school systems of other states pursuant to Code Section 47-3-89 shall not be eligible for transfer as creditable service to the Employees' Retirement System of Georgia, notwithstanding the provi sions of Code Section 47-2-92 or any other provision of Chapter 2 of this title, relating to the Employees' Retirement System of Georgia." Section 4. Said title is further amended by striking Code Section 47-3-81, relating to the transfer of credits and contributions from the Employees' Retirement System of Georgia to the Teachers Retirement System of Georgia, in its entirety and substituting in lieu thereof a new Code Section 47-3-81 to read as follows: "47-3-81. Any other provisions of law to the contrary notwithstanding, any member who has service credits with the Employees' Retirement System of Georgia may have such service credits, including employer and employee contributions, transferred to the Teachers Retirement System of Georgia. Any member who elects to transfer such service credits shall notify the board of trustees of this retirement system in writing of his the member's election to do so. Such transferred service credits shall not be used in deter mining the qualifications of a member for benefits other than vested rights, disability, death, or normal service retirement. Such member shall be required to make additional contributions to this retirement system so that his the member's annuity account bal ance will be the same as though he has the member had been a member of this retire ment system since Jtriy 4j 1966, during the period of time for which service credits are transferred from the Employees' Retirement System of Georgia to this retirement system or i in the absence of such payment, the retirement system board of trustees shall adjust his the member's credits in proportion to the contributions transferred from the Employees' Retirement System of Georgia to this retirement system." Section 5. This Act shall become effective on July 1, 1986. 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 sub stitute, was agreed to. 78 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 Y Aiken Y Alford Y Alien Y Andersen 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 Y Bishop Bolster Y Bostick Y Branch YBray Brooks Y Brown.G YBuck Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y 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 Diion Y Dobbs Y Dover Dunn Y Edwards Felton Y Floyd Y Foster YGaler Godbee YGoodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Harris 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 Johnson ,F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Lawler N Lawrence Y Lawson YLee.C YLee.W Y Under YLogan Long YLord Y Lucas Y Lupton Y Maddox Mangum Y Martin,C Y Martin,J Y Matthews McDonald Y McKelvey Y McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C 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 Ransom YRay Reaves Y Redding Richardson Robinson.C Y Robinson,P Ross Royal Y Russell YSelman Y Shepard Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,P Y Smith.T Smyre Y Stand! Y Steinberg Y Thomas.C Y Thomas.M Y Thompson N 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 Wilson YWood Y Workman Y Yeargin Y Young Murphy,Spkr On the passage of the Bill, by substitute, the ayes were 143, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substi tute. Representative Reaves of the 147th 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 612. By Representative Steinberg of the 46th: A bill to amend Code Section 47-2-295 of the Official Code of Georgia Anno tated, relating to transfers made to the Employees' Retirement System of Georgia from a county retirement system of employee and employer con tributions made in connection with employment by a juvenile detention facil ity, so as to provide for transfers under stated conditions for a particular time period. 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 WEDNESDAY, JANUARY 15, 1986 79 Y Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G YBuck Burruss YByrd Y Carter Y Chamblesa 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 YCos Crawford Y Crosby Y Cummings Daugherty Y Davis YDean Y Dixon Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster YGaler Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks YHorne 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 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 Maddoi Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C 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 YRay Reaves Y Redding Y 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 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 Workman Y Yeargin Y Young Murphy ,Spkr On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Reaves of the 147th stated that he had been called from the floor of the House during the preceding roll call. He wished to vote "aye" thereon. HB 338. By Representatives Lawler of the 20th, Cummings of the 17th, and Clark of the 13th: A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to the Teachers Retirement System of Georgia, so as to change the minimum retirement allowance paid to beneficiaries; to change the provisions relating to the application of cost-of-living benefit increases to persons who retired under local retirement or pension systems so as to apply such provisions to the surviving spouse under certain conditions. The following Committee substitute was read and adopted: A BILL To amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the minimum retirement allowance to be received by any member upon retirement; to change the provisions relating to the application of the minimum retirement allowance to teachers who retired under a county, municipal, or local board of education retirement or pension system; to provide for a one-time cost-of-living increase in benefits and for definitions relative thereto; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflict ing laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, is amended by striking from subsection (a) 80 JOURNAL OF THE HOUSE, of Code Section 47-3-120, relating to allowances on retirement, that paragraph thereof which reads as follows: "The minimum allowance to be received by any member upon retirement shall not be less than $12.00 per month for each year of creditable service, not to exceed 40 years of creditable service.", and substituting in lieu thereof the following paragraph: "The minimum allowance to be received by any member upon retirement shall not be less than $17.00 per month for each year of creditable service, not to exceed 40 years of creditable service." Section 2. Said chapter is further amended by striking Code Section 47-3-124, relat ing to the application of minimum retirement allowance to teachers who retired under a county, municipal, or local board of education retirement or pension system, which reads as follows: "47-3-124. Any provisions of this chapter or any other law to the contrary notwith standing, the minimum retirement allowance provided by subsection (a) of Code Section 47-3-120 shall be applicable to retired public school teachers who retired pursuant to a county, municipal, or local board of education retirement or pension system. Effective January 1, 1975, such retired public school teachers shall be deemed to be members of this retirement system for the purposes of subsection (a) of Code Section 47-3-120. Beginning with such date, the board of trustees is authorized and directed to pay directly to each such retired public school teacher a monthly retirement allowance which shall be equal to the difference between the retirement allowance received by such retired public school teacher pursuant to such county, municipal, or local board of edu cation retirement or pension system and the minimum retirement allowance provided for by subsection (a) of Code Section 47-3-120. In determining the monthly retirement allowance payable under this Code section, credit shall be given for all teaching service prior to January 1, 1945, by a public school teacher under a county, municipal, or local board of education in this state if the county, municipal, or local board of education retirement or pension system under which that school teacher retired did not allow their school teachers to establish credit for any such service. On and after March 2, 1978, increases in retirement allowances granted to such retired public school teachers by a county, municipal, or local board of education retirement or pension system shall not reduce or diminish the retirement allowance paid to such retired public school teachers by the Teachers Retirement System of Georgia. The amount of monthly retirement allowances paid to such retired public school teachers by the Teachers Retirement System of Georgia shall remain the same, or be returned to the same, as that paid upon their initial retirement with no reduction or diminution due to increases granted by the county, municipal, or local board of education retirement or pension system; but the amount of the monthly retirement allowance paid to such retired public school teachers by the Teachers Retirement System of Georgia shall be increased as necessary to reflect increases in the minimum retirement allowance provided by subsection (a) of Code Section 47-3-120.", in its entirety and substituting in lieu thereof a new Code Section 47-3-124 to read as fol lows: "47-3-124. (a) As used in this Code section, the term: (1) 'Local retirement allowance' means the retirement or pension allowance pay able by a local retirement system to a locally retired teacher. (2) 'Local retirement system' means a retirement or pension system of a county, municipality, or local board of education which includes teachers as members thereof or which is paying retirement or pension allowances to locally retired teachers. (3) 'Locally retired teacher' means a teacher who has retired or hereafter retires pursuant to a local retirement system. (4) 'Total retirement allowance' means the local retirement allowance plus any amounts which are payable by the board of trustees to the locally retired teacher pur suant to the provisions of this chapter other than this Code section, (b) Any other provisions of this chapter or any other law to the contrary notwith standing, the minimum retirement allowance provided by subsection (a) of Code Section WEDNESDAY, JANUARY 15, 1986 81 47-3-120 shall be applicable to locally retired teachers who, for such purposes, shall be deemed to be members of this retirement system. In determining the minimum retire ment allowance payable under subsection (a) of Code Section 47-3-120 to a locally retired teacher, credit shall be given for all teaching service prior to January 1, 1945, under the local retirement system if the local retirement system did not allow its teach ers to establish credit for any such service. Subject to the provisions of subsections (c), (d), and (e) of this Code section, for each locally retired teacher whose total retirement allowance is less than the minimum retirement allowance provided for by subsection (a) of Code Section 47-3-120, the board of trustees shall pay monthly directly to such locally retired teacher an amount equal to the difference between the total retirement allowance and the minimum retirement allowance. (c) As applied to locally retired teachers who retired prior to July 1, 1986: (1) The provisions of this Code section shall not decrease the amount payable by the board of trustees to an amount less than the amount payable pursuant to the authority of this Code section prior to July 1, 1986; (2) Increases in the local retirement allowance granted on or after July 1, 1986, by the local retirement system shall cause the amount payable by the board of trustees pursuant to the authority of this Code section to be decreased in the same amount as the increase granted by the local retirement system; and (3) Increases in the total retirement allowance payable to a locally retired teacher which hereafter result from new or increased allowances paid by the board of trustees to the locally retired teacher pursuant to provisions of this chapter other than this Code section and Code Section 47-3-126.2 shall not decrease the amount payable by the board of trustees pursuant to the authority of this Code section. (d) As applied to locally retired teachers who retire on or after July 1, 1986: (1) Increases in the local retirement allowance granted after retirement by the local retirement system shall cause the amount payable by the board of trustees pur suant to the authority of this Code section to be decreased in the same amount as the increase granted by the local retirement system; and (2) Increases after retirement in the total retirement allowance payable to a locally retired teacher which result from new or increased allowances paid by the board of trustees to the locally retired teacher pursuant to provisions of this chapter other than this Code section shall not decrease the amount payable by the board of trustees pur suant to the authority of this Code section. (e) Notwithstanding the provisions of subsections (c) and (d) of this Code section, if the minimum retirement allowance provided for by subsection (a) of Code Section 47-3-120 is increased on or after July 1, 1986, the amount payable by the board of trustees to a locally retired teacher pursuant to the authority of this Code section shall be the greater of either of the following amounts: (1) The amount necessary to increase the sum of the total retirement allowance plus the amount payable pursuant to the authority of this Code section to an amount equal to the increased minimum retirement allowance; or (2) The same amount which the board of trustees was paying pursuant to the authority of this Code section on the date the increase in the minimum retirement allowance became effective if the total retirement allowance payable on that date exceeds the increased minimum retirement allowance." Section 3. Said chapter is further amended by adding immediately following Code Section 47-3-126.1 a new Code Section 47-3-126.2 to read as follows: "47-3-126.2. (a) As used in this Code section, the word 'beneficiary' shall have the meaning specified in paragraph (7) of Code Section 47-3-1 and shall also mean: (1) Any retired teacher who retired pursuant to any county, municipal, or local board of education retirement or pension system; (2) The surviving spouse of any retired teacher who retired pursuant to a county, municipal, or local board of education retirement or pension system if such surviving spouse is eligible to receive and is receiving a monthly benefit pursuant to the local retirement or pension system; and 82 JOURNAL OF THE HOUSE, (3) The surviving spouse of a teacher who was a member of a county, municipal, or local board of education retirement or pension system and who died prior to retire ment if such surviving spouse is eligible to receive and is receiving a monthly benefit pursuant to the local retirement or pension system. (b) Effective July 1, 1986, the monthly retirement benefit of each beneficiary who was receiving a benefit on July 1, 1981, shall be increased by: (1) One dollar for each full year of creditable service which the beneficiary had at the time of retirement; plus (2) One dollar for each full year which has elapsed from the date of retirement until July 1, 1981. (c) When the postretirement benefit adjustment provided by this Code section has been granted, there shall be no further postretirement benefit adjustments pursuant to the authority of this Code section." Section 4. This Act shall become effective on July 1, 1986. Section 5. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams,G Y Adams.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 Bainett,M YBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childera 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 Croaby Y Cummings Daugherty Y Davis YDean Y Diion Y Dobbs Y Dover YDunn Y Edwards Felton Y Floyd Y Foster YGaler Y Godbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Hill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnaon.D Y Johnson,F Y Johnson.R Y Johnson.S Y Kilgore Y Kingston YLane.0 YLane,R Y Lawler N Lawrence Y Lawson YLee,C YLee.W N Under YLogan Long YLord Y Lucas Y Lupton Y Maddoi Y Mangum Y Martin,C Y Martin,J Y Matthews Y McDonald Y McKelvey Y McKinney YMilam Y Milford Y Moody Y Moore N Morion Y Mostiler Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Y Pettit 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.P YRoss Y Royal Y Russell 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 N 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 WiUiams,B Y Williams,J Y Williams,R Y Wilson YWood Y Workman Y Yeargin Y Young Murphy,Spkr On the passage of the Bill, by substitute, the ayes were 161, nays 4. The Bill, having received the requisite constitutional majority, was passed, by substi tute. Representative Reaves of the 147th 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, JANUARY 15, 1986 83 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. 84 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Thursday, January 16, 1986 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. By unanimous consent, the call of the roll was dispensed with. Prayer was offered by the Reverend L. G. Gilstrap, Pastor, Lanierland Christian Center, Murrayville, 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. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees: HB 1319. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th, Connell of the 87th and Lee of the 72nd: A bill to amend an Act providing appropriations for the State Fiscal Year 1985-86, known as the "General Appropriations Act," so as to change the revenue estimate and certain appropriations for the State Fiscal Year 1985-86. Referred to the Committee on Appropriations. HB 1320. By Representatives Beck of the 148th, Coleman of the 118th, Hanner of the 131st, Williams of the 6th, Ramsey of the 3rd and others: A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide that whoever knowingly and willfully THURSDAY, JANUARY 16, 1986 85 resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties is guilty of a felony. Referred to the Committee on Public Safety. HB 1321. By Representatives Benn of the 38th, Redding of the 50th, Sinkfield of the 37th and Greer of the 39th: A bill to amend Code Section 40-8-159 of the Official Code of Georgia Anno tated, relating to emission inspection stations, so as to authorize the emission inspection station to charge a fee of between $5.00 and $10.00 as determined by the station. Referred to the Committee on Motor Vehicles. HB 1322. By Representative Oliver of the 121st: A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Uniform Division of the Department of Public Safety, so as to provide that any member of the Uniform Division who is injured in the line of duty by an act of external violence or injury shall be entitled to his regular compensation for the period of time that the member is physically unable to perform the duties of his employment. Referred to the Committee on Public Safety. HB 1323. By Representative Kilgore of the 42nd: A bill to amend Code Section 46-8-232 of the Official Code of Georgia Anno tated, relating to special officers for the protection of railroad property, so as to remove the requirement that a special officer shall have been an employee of the company making application for six months prior to the time of application. Referred to the Committee on Industry. HB 1324. By Representatives Dobbs of the 74th, Twiggs of the 4th, Cox of the 141st, Porter of the 119th and Chambless of the 133rd: A bill to amend Article 3 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to service of process, so as to provide for acknowledgement of service or waiver of process in cases before the probate court. Referred to the Committee on Judiciary. HB 1325. By Representatives Rainey of the 135th and Peters of the 2nd: A bill to amend Code Section 12-3-10 of the Official Code of Georgia Anno tated, relating to prohibited acts in parks, historic sites, and recreational areas, generally, so as to provide that certain generally prohibited acts may be allowed in parks, historic sites, or recreational areas by prior written permission of the commissioner of natural resources. Referred to the Committee on Game, Fish and Recreation. 86 JOURNAL OF THE HOUSE, HB 1326. By Representatives Rainey of the 135th and Peters of the 2nd: A bill to amend Code Section 27-2-9, relating to taxidermist licenses and unlawful acts and omissions by taxidermists, so as to provide that the prior written permission of the commissioner is not necessary for a taxidermist to mount and sell legally taken furbearers, deer, and squirrel, or parts thereof. Referred to the Committee on Game, Fish and Recreation. HB 1327. By Representative Murphy of the 18th: A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Anno tated, relating to labor and industrial relations in general, so as to provide that it shall be unlawful for any employer to discharge, discipline, or other wise retaliate against an employee because the employee is absent from his or her employment for the purpose of attending a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or proc ess. Referred to the Committee on Judiciary. HR 513. By Representative Mueller of the 126th: A resolution compensating Ms. Allene Persons. Referred to the Committee on Appropriations. HR 514. By Representatives Home of the 103rd and Lucas of the 102nd: A resolution granting a perpetual easement for construction, operation, and maintenance of a lightguide cable under property owned by the State of Georgia in Bibb County, Georgia. Referred to the Committee on State Institutions & Property. HR 515. By Representative Greer of the 39th: A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions relating to the repeal of the resolution. Referred to the Committee on State Planning & Community Affairs. HR 517. By Representatives Wall of the 61st, Clark of the 55th, Smith of the 152nd, Morton of the 47th, Barnett of the 10th and others: A resolution applying to the Congress of the United States to call a conven tion for the purpose of proposing an amendment to the Constitution of the United States. Referred to the Committee on Rules. HR 518. By Representatives Benn of the 38th, Richardson of the 52nd, Galer of the 97th, Chambless of the 133rd and Sinkfield of the 37th: A resolution creating the Children and Youth Study Committee. Referred to the Committee on Rules. By unanimous consent, the following Bills and Resolutions of the House were read the second time: THURSDAY, JANUARY 16, 1986 87 HB 1233 HB 1234 HB 1235 HB 1236 HB 1237 HB 1238 HB 1239 HB 1240 HB 1241 HB 1242 HB 1243 HB 1244 HB 1245 HB 1246 HB 1247 HB 1248 HB 1249 HB 1250 HB 1251 HB 1252 HB 1253 HB 1254 HB 1255 HB 1256 HB 1257 HB 1258 HB 1265 HB 1266 HB 1267 HB 1268 HB 1269 HB 1270 HB 1271 HB 1272 HB 1273 HB 1274 HB 1275 HB 1276 HB 1277 HB 1278 HB 1279 HB 1280 HB 1281 HB 1282 HB 1283 HB 1284 HB 1285 HB 1286 HB 1287 HB 1288 HB 1289 HB 1290 HB 1291 HB 1292 HB 1293 HB 1294 HB 1295 HB 1296 HB 1297 HB 1298 HB 1299 HB 1300 HB 1301 HB 1302 HB 1303 HB 1304 HB 1305 HB 1306 HB 1307 HB 1308 HB 1309 HB 1310 HB 1311 HB 1312 HB 1313 HB 1314 HB 1315 HB 1316 HB 1317 HB 1318 HR 478 HR 479 HR 480 HR 481 HR 482 HR 500 HR 501 HR 502 HR 505 HR 506 HR 507 HR 508 HR 509 HR 510 HR 511 HR 512 Representative Reaves of the 147th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report: Mr. Speaker: Your Committee on Agriculture & Consumer Affairs 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: 88 JOURNAL OF THE HOUSE, HB 1171 Do Pass HB 1172 Do Pass HB 1217 Do Pass, as Amended Respectfully submitted, Is/ Reaves of the 147th 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 Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation: HB 1192 Do Pass, as Amended Respectfully submitted, /s/ 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1191 Do Pass, by Substitute Respectfully submitted, /s/ Watson of the 114th Chairman Representative Thomas of the 69th District, Acting 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 1226 Do Pass HB 1227 Do Pass HB 1228 Do Pass Respectfully submitted, /s/ Thomas of the 69th Acting Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: THURSDAY, JANUARY 16, 1986 89 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 1130 Do Pass HB 1166 Do Pass HB 1167 Do Pass HB 1168 Do Pass HB 1206 Do Pass HB 1222 Do Pass Respectfully submitted, /s/ Adams of the 36th Chairman By unanimous consent, the following Bills of the House were taken up for consider ation and read the third time: 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 1166 was ordered immediately transmitted to the Senate. HB 1166. By Representative Yeargin of the 14th: A bill to amend an Act providing for the election of members of the Board of Education of Oglethorpe County, so as to change the descriptions of the education districts of the board and provide that members of the board will be elected by the electors of those districts and not at large. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 1166 was ordered immediately transmitted to the Senate HB 1167. By Representative Yeargin of the 14th: A bill to reconstitute and re-create the Board of Education of Elbert County as successor to the Board of Education of Elbert County established by local constitutional amendment and provide for the election of that board. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 90 JOURNAL OP THE HOUSE, By unanimous consent, HB 1167 was ordered immediately transmitted to the Senate. HB 1168. By Representative Yeargin of the 14th: A bill to create a Board of Commissioners of Oglethorpe County and provide for its composition; to provide for the election, qualification, terms, compen sation and expenses, oath, commission, and bond of the chairman and mem bers of the board. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 1168 was ordered immediately transmitted to the Senate. HB 1206. By Representative Hooks of the 116th: A bill to create the Sumter County Public School System by merging and consolidating the county school system of Sumter County and the independ ent school system of the City of Americus; to create the board of education for the Sumter County Public School System. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 1206 was ordered immediately transmitted to the Senate. HB 1222. By Representatives Ware of the 77th and Milam of the 81st: A bill to amend an Act creating the Mountville Water Authority, so as to enlarge the area that the authority may serve; to increase the ceiling under which certain negotiable revenue bonds may be issued. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 1222 was ordered immediately transmitted to the Senate. Pursuant to HR 458, previously adopted by the House and Senate, Representative Burruss of the 20th placed in nomination the name of the Honorable G. W. Hogan for state auditor, which nomination was seconded by Representative Connell of the 87th. On the election of the state auditor, the roll call was ordered and the vote was as fol lows: Y Aaron YAdams.G YAdams,M Y Aiken Y Alford Y Alien Y Andereon Y Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron THURSDAY, JANUARY 16, 1986 91 Y Harriett,B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Bostick Y Branch Bray Y Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Childers Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCoj Crawford Crosby Y Cummings Daugherty Davis YDean Dixon Y Dobbs Y Dover Y Dunn Y Edwards Felton Y Floyd Y Foster Y Galer God bee Y Goodwin Greene YGreer Y Groover Y Hamilton Hanner Y Harris Y Hasty YHays Y Heard Hill Y Holcomb Hohnes Y Hooks YHome 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 YLane,R Y Lawler Y Lawrence Y Lawson YLee.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 Y Milford Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Ramsey.V YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,P ROBS Y Royal Y Russell YSelman Y Shepard Y Sherrod Y Sinkfield On the election of the state auditor, the ayes were 147, nays 0. The Honorable G. W. Hogan was elected state auditor. 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 Triplett Y Twiggs Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Ware Watson Y Watts White Y Wilder WiUiams,B Y Williams,J Y Williams,R Wilson Y Wood Y Workman Y Yeargin Young Y Murphy.Spkr Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 67. By Representatives Hasty of the 8th, Anderson of the 8th and Barnett of the 10th: A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Teachers Retirement System of Georgia, so as to authorize certain former teachers to establish certain prior teaching service as creditable service and to retire on the basis of such creditable service and membership service. The following Committee substitute was read and adopted: A BILL To amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to service creditable toward retirement under the Teachers Retirement System of Georgia, so as to authorize certain former teachers who are not current benefici aries to establish certain prior teaching service as creditable service and to retire on the basis of such creditable service and prior membership service for which employee contribu tions have not been withdrawn or on the basis of only such prior membership service; 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 5 of Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to service creditable toward retirement under the Teachers Retirement 92 JOURNAL OF THE HOUSE, System of Georgia, is amended by adding between Code Sections 47-3-84 and 47-3-85 a new Code Section 47-3-84.1 to read as follows: "47-3-84.1. (a) Any former member of the retirement system who is not a benefi ciary of the retirement system on July 1, 1986, who completed at least ten consecutive years of membership service during a period beginning not earlier than January 1, 1954, and ending not later than January 1, 1966, who has not withdrawn from the retirement system employee contributions which were made during such consecutive years of membership service, and who is at least 60 years of age as of July 1, 1986, shall have the right to: (1) Obtain credit for service rendered at any time prior to January 1, 1954, as a teacher in Georgia public school systems upon providing verification of such teaching service to the board of trustees and upon paying to the board of trustees employee and employer contributions plus applicable accrued regular interest for such prior teaching service based on compensation actually received for such prior teaching service; (2) Obtain credit for up to five years of service rendered at any time prior to Janu ary 1, 1945, for teaching in public school systems of other states upon providing veri fication of such out-of-state teaching service to the board of trustees and upon paying to the board of trustees employee and employer contributions plus applicable accrued regular interest for such service based on compensation actually received for such outof-state teaching service, provided such former member is not entitled to receive any pension or annuity from any other state or from any political subdivision of this or any other state based on such service; and (3) Apply to the board of trustees at any time between July 1, 1986, and January 1, 1987, to obtain any portion or all eligible creditable service provided for by para graph (1) or (2) or paragraphs (1) and (2) of this subsection and to receive a retire ment benefit based on the combined total of creditable service so obtained plus the years of membership service for which employee contributions have not been with drawn; or (4) Apply to the board of trustees at any time between July 1, 1986, and January 1, 1987, to reestablish active membership in the retirement system only for the pur pose of retiring on the basis of membership service for which employee contributions have not been withdrawn without the necessity of the payment of any additional employee contributions. (b) The board of trustees shall begin making retirement benefit payments to a former member of the retirement system who qualifies therefor pursuant to subsection (a) of this Code section on the first day of the month within 30 days after such former member so qualifies." Section 2. This Act shall become effective on July 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 sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams,M Y Aiken Y Alford Y Alien YAnderson Y Argo YAthon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M Y Beck Y Benefield YBenn Birdsong Bishop Bolster Bostick Y Branch Y Bray Y Brooks Y Brown.G Y Buck Y Burruss Y Byrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Childs Clark,B Y Clark,L Y Colbert Y Coleman Colwell Y Connell Y Cooper Copelan Couch Y Co* Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Diion Dobbs THURSDAY, JANUARY 16, 1986 93 Y Dover Y Dunn Y Edwards Y Felton Y Floyd Foster YGaler God bee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays Y Heard Hill Y Holcomb Y Holmes Y Hooks YHome 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 YLane,D YLane,R Y Lawler Y Lawrence Y Lawson Y Lee,C YLee,W Y Linder YLogan YLong YLord Y 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 Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham YParrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Porter YRainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves 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 Smith.P Y Smith.T YSmyre YStancil Y Steinberg Y Thomas.C Thomas.M Y Thompson Y Townsend Triplett Twiggs Y Waddle Y Waldrep Walker.C Y Walker,L YWall Ware Watson Y Watts White Y Wilder Williams.B Y Williams,J Y Williams.R 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 substi tute. The Speaker Pro Tern assumed the Chair. HB 397. By Representatives Lawler of the 20th and Johnson of the 72nd: A bill to amend Code Section 47-9-73 of the Official Code of Georgia Anno tated, relating to spouses benefits coverage under the Superior Court Judges Retirement System, so as to change the provisions relating to the calculating of spouses benefits upon the death of a member. The following Committee substitute was read and adopted: A BILL To amend Code Section 47-9-73 of the Official Code of Georgia Annotated, relating to spouses benefits coverage under the Superior Court Judges Retirement System, so as to change the provisions relating to the calculating of spouses benefits upon the death of a member; 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 47-9-73 of the Official Code of Georgia Annotated, relating to spouses benefits coverage under the Superior Court Judges Retirement System, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new sub section (b), to read as follows: "(b) Upon the death of a member who is subject to this Code section and who has attained a minimum of ten years of creditable service, the surviving spouse of such member shall be entitled to receive for life, or until the remarriage of such surviving spouse, a monthly sum equal to 50 percent of the retirement benefit which the member was receiving at the time of his the member's death, if retired at such time, or which would have been payable to the member had he the member retired as of the date of hi the member's death or, if the member had not attained age 60 at the time of his death, 50 percent of the retirement benefit the member would have received had h the member lived and retired at age 60 4 as applied to members in service on June 30, 1986, 94 JOURNAL OF THE HOUSE, but as applied to persons first or again becoming members on or after July 1, 1986, who have not attained age 60 at the time of death, the benefit of the surviving spouse shall be 50 percent of the retirement benefit the member would have received as if the member were age 60 on the date of death based on the number of years of creditable service the member had on the date of death." Section 2. This Act shall become effective July 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 sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams.M Y Aiken Alford Y Alien Y Anderson Y Argo Y Athon Atkins Y Auten Y Bailey Balkcom Y Bannister Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield YBenn Birdsong Bishop Bolster Y Bostick Y Branch YBray Brooks Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark,L Y Colbert Y Coleman Colwell Connell Y Cooper Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Dixon Y Dobbs Y Dover Y Dunn Edwards Y Felton Y Floyd Y Foster Y Galer Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Hanner Y Harris 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 JohnsontR Y Johnson,S Kilgore Y Kingston YLane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C YLee,W Y Under YLogan YLong YLord Y Lucas Y Lupton Y Maddoz Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Moody Y Moore YMorton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Pinks ton Y Porter Y Rainey Y Ramsey.T Y Ramsey.V YRandall 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 Smith.P Smith.T Y Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas,M Y Thompson Y Townsend Triplett Twiggs Y Waddle Y Waldrep Y 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 On the passage of the Bill, by substitute, the ayes were 143, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. The following Resolutions of the House were read and referred to the Committee on Rules: HR 522. By Representatives Ramsey of the 3rd and Murphy of the 18th: A resolution commending Roy Lawrence Parrott, Jr., and inviting him to appear before the House of Representatives. THURSDAY, JANUARY 16, 1986 95 HR 523. By Representatives Ramsey of the 3rd and Murphy of the 18th: A resolution commending Mr. Dewayne Deal and inviting him to appear before the House of Representatives. Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 779. By Representatives Childs of the 53rd, Cummings of the 17th, Lawler of the 20th, Brooks of the 34th, Brown of the 154th and others: A bill to amend Code Section 47-3-83 of the Official Code of Georgia Anno tated, relating to creditable service for military service under the Teachers Retirement System of Georgia, so as to allow credit for military service during any period when a military draft was in effect under certain condi tions. 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 Y Alien Y Anderson YArgo N Athon N Atkins N Auten Y Bailey Y Balkcom Y Bannister N Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield YBenn Birdsong Y Bishop Bolster Y Bostick Y Branch YBray Brooks Y Brown.G YBuck Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark,L N Colbert Y Coleman Colwell Connell Y Cooper Copelan Y Couch Coi Crawford Y Crosby Y Cummings Daugherty Y DavU Dean Dixon N Dobbs Y Dover NDunn Y Edwards N Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Greene Y Greer Y Groover Y Hamilton Y Manner Harris Y Hasty YHays N Heard NHill Y Holcomb Y Holmes Y Hooks 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 N Kingston N Lane,D YLane,R Y Lawler N Lawrence YLawson YLee,C YLee,W Linder YLogan YLong Lord Y Lucas N Lupton Y Maddoi N Mangum Martin.C Martin.J Y Matthews Y McDonald Y McKelvey McKinney N Milam Y Milford Y Moody Y Moore Y Morton Mostiler Y Moultrie N Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T N Ramsey.V YRandall N Ransom YRay Y Reaves Redding Y Richardson Y Robinson,C Y Robinson,P NRoss Y Royal 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 N Townsend Triplett YTwiggs N Waddle Y Waldrep Walker.C Walker ,L N Wall Ware Y Watson Y Watts White N 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 118, nays 27. The Bill, having received the requisite constitutional majority, was passed. Representative Dunn of the 73rd stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to vote "aye" thereon. HB 186. By Representatives Thomas of the 69th, Lee of the 70th, Cummings of the 17th, Childs of the 53rd and Richardson of the 52nd: 96 JOURNAL OF THE HOUSE, A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Teachers Retire ment System of Georgia, so as to authorize certain teachers to establish creditable service for certain periods of absence due to maternity reasons. The following Committee substitute was read and adopted: A BILL To amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to creditable service under the Teachers Retirement System of Georgia, so as to authorize certain teachers to obtain creditable service for certain periods of absence from employment because of pregnancy; to provide for limitations and requirements rela tive thereto; to provide for related matters; to provide an effective date; to repeal conflict ing laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to creditable service under the Teachers Retirement System of Georgia, is amended by adding at the end thereof a new Code Section 47-3-90 to read as follows: "47-3-90. (a) A member who, prior to March 5, 1976, was employed by a public school system of this state in a capacity specified by subsection (a) of Code Section 20-2-850 may, subject to the limitations of subsection (b) and the requirements of sub section (c) of this Code section, obtain creditable service under the retirement system for any period prior to March 5, 1976, during which the member was absent from employment because of pregnancy. (b) No creditable service shall be granted for any part of a period of absence from employment because of pregnancy when the member was on sick leave. The maximum amount of creditable service which may be obtained by a member for any one pregnancy shall be one and one-half months and the maximum amount of creditable service which may be obtained by a member for all pregnancies shall be six months. (c) A member who desires to establish creditable service under this Code section must: (1) Submit to the board satisfactory evidence of the period of absence from employment which qualifies for creditable service under this Code section; and (2) Pay to the board an amount determined by the board to be sufficient to cover the full actuarial cost of granting the creditable service claimed by the member." Section 2. This Act shall become effective on July 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 sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron YAdams,G YAdams.M NAiken Y Alford Y Alien Y Anderaon Argo YAthon Y Atkins Auten Y Bailey Balkcom Y Bannister Bargeron Y Barnett,B Y Barnett,M Y Beck Benefield Benn Birdsong Y Bishop Y Bolster Y Bostick Y Branch Y Bray Brooks Y Brown.G Y Buck Y Burruss Y Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L Y Colbert Y Coleman Colwell Connell Y Cooper Copelan Couch Y Cox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Diion Y Dobbs THURSDAY, JANUARY 16, 1986 97 Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Groover Y Hamilton Y Manner Harris 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 Lane,D Y Lane.R Y Lawler Y Lawrence Y Lawson YLee,C Y Lee.W Y Linder YLogan YLong Lord Lucas Y Lupton Y Maddoi Y Mangum Martin.C Y MartinJ Y Matthews Y McDonald Y McKelvey Y McKinney YMilam Y Milford Y Moody Y Moore Y Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham 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 Redding Y Richardson Y Robinson.C Y Robinson,P YRoss 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 Y Townsend Triplet! 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 Wilson Y Wood Workman Y Yeargin Y Young Murphy,Spkr On the passage of the Bill, by substitute, the ayes were 143, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 618. By Representatives Lane of the 27th and Adams of the 36th: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to prohibit local government officials from parti cipating in actions rezoning real property when the local government official or a member of the official's family has a direct or indirect interest in the property or in a business entity which has an interest in the property. The following Committee substitute was read: A BILL To amend Title 36 of the Official Code of Georgia Annotated, relating to local govern ment, so as to prohibit local government officials from participating in actions rezoning real property when the local government official or a member of the official's family has a direct or indirect interest in the property or in a business entity which has an interest in the property; to provide for definitions; to provide requirements in connection with applications for rezoning action; 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 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding at the end thereof a new Chapter 85 to read as follows: "CHAPTER 85 36-85-1. As used in this chapter, the term: (1) 'Applicant' means any individual or business entity applying for rezoning action. (2) 'Business entity' means any corporation, partnership, limited partnership, firm, enterprise, franchise, association, or trust. (3) 'Financial interest' means all direct ownership interests of the total assets or capital stock of a business entity where such ownership interest is 10 percent or more. 98 JOURNAL OF THE HOUSE, (4) 'Local government' means any county or municipality of this state. (5) 'Local government official' means any member of the governing authority of a local government. (6) 'Member of the family' means the spouse, mother, father, brother, sister, son, or daughter of a local government official. (7) 'Property interest' means the direct or indirect ownership of real property and includes any percentage of ownership less than total ownership. (8) 'Real property' means any tract or parcel of land and, if developed, any build ings or structures located on the land. (9) 'Rezoning action' means action by local government adopting an amendment to a zoning ordinance which has the effect of rezoning real property from one zoning classification to another. 36-85-2. (a) No local government official shall participate in any rezoning action if the local government official or a member of the official's family: (1) Has a property interest in any real property affected by the rezoning action; or (2) Has a financial interest in any business entity which has a property interest in any real property affected by the rezoning action. (b) The local government official shall only abstain from voting on a rezoning action subject to subsection (a) of this Code section. 36-85-3. A local government official who has a property or financial interest relating to a rezoning action as described in subsection (a) of Code Section 36-85-2 shall immedi ately disclose the nature and extent of such interest, in writing, to the governing author ity of the local government in which the local government official is a member. Such disclosures shall be a public record and available for public inspection at any time during normal working hours. 36-85-4. (a) When any applicant for rezoning action has made a campaign contribu tion of $100.00 or more or made a gift having a value of $100.00 or more to a local government official of the local government which will consider the application within two years immediately preceding the filing of the application for the rezoning action, it shall be the duty of the applicant to file a disclosure report with the governing authority of the respective local government showing: (1) The name of the local government official to whom the campaign contribution or gift was made; (2) The dollar amount of each campaign contribution made by the applicant to the local government official during the two years immediately preceding the filing of the application for the rezoning action and the date of each such contribution; and (3) An enumeration and description of each gift having a value of $100.00 or more made by the applicant to the local government official during the two years immedi ately preceding the filing of the application for the zoning change. (b) The disclosures required by subsection (a) of this Code section shall be filed within ten days after the application for the rezoning action is first filed. (c) If, within a period of two years immediately preceding the filing of an application for a rezoning action, a local government official of the respective local government has received from the applicant for the rezoning action a campaign contribution of $100.00 or more or received from such applicant a gift having a value of $100.00 or more, the local government official shall abstain from voting on the rezoning action of the appli cant. 36-85-5. Any local government official knowingly participating in a rezoning action in violation of Code Section 36-85-2 or knowingly failing to make a disclosure required by Code Section 36-85-3 or knowingly participating in rezoning action in violation of sub section (c) of Code Section 36-85-4 shall be guilty of a misdemeanor. Any applicant for rezoning action knowingly failing to make the disclosure required by subsections (a) and (b) of Code Section 36-85-4 shall be guilty of a misdemeanor." Section 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: THURSDAY, JANUARY 16, 1986 99 Representative Groover of the 99th moves to amend the Committee substitute to HB 618 by striking lines 4 through 29 on page 3. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Aaron N Adams.G Y Adams.M N Aiken N Alford N Alien Y Anderson Argo N Athon N Atkins N Auten Y Bailey Y Balkcom N Bannister N Bargeron N Barnett.B N Barnett.M Beck Benefield Benn Y Birdsong N Bishop N Bolster Bostick Y Branch YBray Brooks Brown.G Buck Burruss NByrd N Carter N Chambless Chance Cheeks N Childers Childs N Clark.B Clark.L N Colbert Y Coleman Colwell Connell N Cooper Copelan N Couch Coi N Crawford N Crosby Cummings Daugherty N Davis NDean Dixon NDobbs N Dover N Dunn N Edwards N Felton N Floyd N Foster NGaler N Godbee NGoodwin N Greene N Greer Y Groover N Hamilton Hanner N Harris N Hasty NHays N Heard NHill Holcomb N Holmes N Hooks N 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 Kilgore N Kingston N Lane,D N Lane,R N Lawler N Lawrence Y Lawson NLee.C YLee,W N Under YLogan YLong Lord Y Lucas N Lupton Y Maddox N Mangum N Martin,C N Martin.J N Matthews Y McDonald N McKelvey McKinney NMilam Y Milford Y Moody N Moore N Morton Mostiler N Moultrie N Mueller N Oliver.C Padgett Y Pannell NParham N Parrish Y Patten N Peters N Pettit N Phillips Y Pinkston Y Porter YRainey N Ramsey.T N Ramsey.V YRandall Ransom YRay N Reaves Y Redding N Richardson N Robinson.C Y Robinson,P NRoss N Royal Russell N Selman On the adoption of the amendment, the ayes were 34, nays 105. The amendment was lost. N Shepard Y Sherrod N Sinkfield Y Sizemore N Smith.L N Smith.P N Smith.T YSmyre N Stancil N Steinberg N Thomas,C Thomas,M N Thompson Townsend N Triplett Twiggs N Waddle N Waldrep Walker.C Walker.L NWall Y Ware Watson Y Watts White N Wilder N Williams.B N Williams,J N Williams.R Wilson N Wood Workman N Yeargin N Young Murphy,Spkr The following amendment was read and adopted: Representative Steinberg of the 46th moves to amend the Committee substitute to HB 618 as follows: On line 11, page 3, insert after "applied", "and the attorney representing the appli cant". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,M Y Aiken Y Alford Y Alien N Anderson Y Argo Y Athon Y Atkins Y Auten N Bailey N Balkcom Y Bannister Y Bargeron 100 JOURNAL OF THE HOUSE, Y Barnett,B Y Barnett.M YBeck Benefield Benn N Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Chance N Cheeks Y Childers Childs Y Clark.B Clark.L Y Colbert Coleman Colwell Connell Y Cooper Copelan Y Couch Cox Y Crawford Y Crosby Cummings Daugherty Y Davis YDean Dixon Y Dobbs Y Dover Y Dunn N Edwards Y Felton Y Floyd Y Foster YGaler YGodbee Y Goodwin Y Greene Y Greer N Groover Y Hamilton Hanner Y Harris Y Hasty NHays Y Heard YHill Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Johnson,D Y Johnson,F N Johnson,R Y Johnson,S Kilgore Y Kingston Y Lane,D Y Lane.R Y Lawler Y Lawrence Y Lawson YLee.C N Lee.W Y Under YLogan NLong NLord N Lucas Y Lupton N Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews N McDonald Y McKelvey McKinney YMilam N Milford N Moody Y Moore Y Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett N Pannell YParham Y Parrish N Patten N Peters N Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V NRandall Y Ransom NRay N Reaves N Redding Richardson Y Robinson.C Y Robinson.P NRoss Y Royal Y Russell Y Selman Y Shepard N Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smyre Y Stancil Y Steinberg Y Thomas.C Thomas.M Y Thompson Y Townsend N Triplett Twiggs Y Waddle Y Waldrep Walker.C Walker.L Y Wall Y Ware Watson Y Watts White Y Wilder Y Williams.B Y WilliamsJ Y Williams.R Wilson Y Wood Workman Y Yeargin Y Young Murphy.Spkr On the passage of the Bill, by substitute, as amended, the ayes were 120, nays 28. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. Representative Coleman of the 118th 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 Cheeks of the 89th stated that he inadvertently voted "nay" on the preceding roll call. He wished to vote "aye" thereon. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has today confirmed the election of the Honorable G. W. Hogan as state auditor. 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, JANUARY 17, 1986 101 Representative Hall, Atlanta, Georgia Friday, January 17, 1986 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. Dr. 0. Eugene Tyre, Pastor of the First Baptist Church, Newnan, Georgia, offered the devotional and prayer following a musical rendition by the Minister of Music, Reverend L. C. Lane. The following communication was received and read: House of Representatives Atlanta January 17, 1986 Thomas B. Murphy, Speaker Georgia House of Representatives 332 State Capitol Atlanta, Georgia 30334 Dear Mr. Speaker: This is to respectfully request that I be excused from session activities today. There has been a death in my family which necessitates my being at home with my family. Sincerely, /s/ Bobby Long Rep. Bobby long District 142 BL:kk A leave of absence was granted to Representative Long of the 142nd for January 17, 1986. 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. 102 JOURNAL OF THE HOUSE, 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees: HB 1328. By Representative Hudson of the 117th: A bill to amend an Act placing the sheriff of Pulaski County upon an annual salary, so as to change the salary provisions relating to deputy sheriffs; to provide for an additional deputy sheriff. Referred to the Committee on State Planning & Community Affairs - Local. HB 1329. By Representatives Cox of the 141st and Lord of the 107th: A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Anno tated, relating to coroners, so as to provide for the release of certain medical records and other information to coroners of other states under certain circumstances; to provide that when a coroner is conducting an investigation or an inquest into the death of an individual, such coroner shall be author ized to issue subpoenas to compel the production of any books, records, or papers. Referred to the Committee on Health & Ecology. HB 1330. By Representatives Bargeron of the 108th and Childers of the 15th: A bill to amend Code Section 49-4-142 of the Official Code of Georgia Anno tated, relating to the creation of the Department of Medical Assistance and adoption and modification of the state plan, so as to provide that semiprivate accommodations are to be furnished by certain providers of nursing home services as the obligation to recipients of medical assistance. Referred to the Committee on Health & Ecology. HB 1331. By Representatives Bannister of the 62nd, Barnett of the 59th, Goodwin of the 63rd, Wall of the 61st, Morton of the 47th and others: A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against public health and morals, so as to provide for definitions; to prohibit selling or furnishing cigarettes or tobacco-related objects to any minor; to prohibit the purchase or procurement of cigarettes or tobacco-related objects for any minor. Referred to the Committee on Agriculture & Consumer Affairs. HB 1332. By Representative McKinney of the 35th: A bill to amend an Act creating county building authorities in counties hav ing a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, so as to increase the amount of bonds which may be issued by such authorities. Referred to the Committee on State Planning & Community Affairs. FRIDAY, JANUARY 17, 1986 103 HB 1333. By Representatives Porter of the 119th, Coleman of the 118th and Smith of the 78th: A bill to amend Code Section 15-10-41 of the Official Code of Georgia Anno tated, relating to trials and appeals in magistrate courts, so as to provide that no appeal shall lie from a default judgment; to provide for reopening certain default judgments. Referred to the Committee on Judiciary. HB 1334. By Representatives Athon of the 57th and Childers of the 15th: A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to require hospitals to request that anatomical gifts be made; to authorize the parents, legal guardian, or other authorized person to make an anatomical gift of an indi vidual under 18 years of age, such gift to take effect at death. Referred to the Committee on Judiciary. HB 1335. By Representative Jackson of the 9th: A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title on motor vehicles, so as to eliminate in certain situations the requirements for the dealer to sign the application for a certificate of title; to eliminate the requirement that certain documents submitted in an application for a certificate of title be sworn to before an officer authorized to administer oaths. Referred to the Committee on Motor Vehicles. HB 1336. By Representatives Cooper of the 20th and Lawler of the 20th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxation, so as to provide an exemption from sales and use taxation for goods and services sold, leased, rented, furnished for use, or used in the course of funerals, burials, and cremations. Referred to the Committee on Ways & Means. HB 1337. By Representatives Athon of the 57th, Mangum of the 57th and Childers of the 15th: A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the State Health Benefit Plan, so as to pro vide that for each claim for benefits paid by the State Personnel Board the covered employee shall receive an itemized statement showing the name of the service provider, each item or service for which the claim was submitted, and the amounts paid by the plan for such items or services. Referred to the Committee on Health & Ecology. HB 1338. By Representatives Bray of the 91st, Steinberg of the 46th, Greene of the 130th, Holmes of the 28th and Moultrie of the 93rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to remove certain requirements that in any county having a population of more than 100,000 according to the United States decennial 104 JOURNAL OF THE HOUSE, census of 1960 or any such future census, certain additional voter registration places be designated and staffed under certain circumstances. Referred to the Committee on State of Republic. HB 1339. By Representatives Bray of the 91st, Steinberg of the 46th, Holmes of the 28th and Moultrie of the 93rd: A bill to amend Code Section 21-5-3 of the Official Code of Georgia Anno tated, relating to definitions regarding public disclosure by candidates of campaign contributions and expenditures, so as to change the definitions of contribution and expenditure. Referred to the Committee on State of Republic. HB 1340. By Representatives Sinkfield of the 37th and Martin of the 26th: A bill to amend Chapter 10 of Title 36 of the Official Code of Georgia Anno tated, relating to public works contracts, so as to authorize county authorities to reject any or all bids; to provide that in counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, public works contracts shall be let to the lowest responsible bidder and that any or all bids may be rejected. Referred to the Committee on State Planning & Community Affairs. HB 1341. By Representative Ramsey of the 3rd: A bill to amend the Official Code of Georgia Annotated so as to change the provisions relating to impersonating a public officer or employee; to repeal the provisions relating to impersonation of a conservation officer; to repeal the provisions relating to impersonation of an officer or member of the Uni form Division of the Department of Public Safety. Referred to the Committee on Public Safety. HB 1342. By Representatives Smith of the 78th, Copelan of the 106th, Porter of the 119th, Waldrep of the 80th, Jamieson of the llth and others: A bill to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, so as to provide that upon fulfillment of the terms of probation, upon release by the court prior to the termination of the period thereof, or upon release from confine ment, it shall be the duty of the clerk of court to make an entry on the crim inal docket and all other records of the court pertaining thereto regarding the exoneration of the defendant. Referred to the Committee on Judiciary. HB 1343. By Representative Robinson of the 58th: A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Anno tated, regulating specialized land transactions, so as to reenact Article 1 thereof, relating to sales in this state of subdivided lands, so as to provide that the Secretary of State will no longer have powers or duties under that article and that certain of such powers and duties will become the powers and duties of the Georgia Real Estate Commission. Referred to the Committee on Industry. FRIDAY, JANUARY 17, 1986 105 HB 1344. By Representatives Rainey of the 135th and Peters of the 2nd: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide that it shall be unlawful to interfere with the lawful taking of wildlife or to disturb wildlife for the purpose of prevent ing or attempting to prevent the lawful taking of wildlife; to provide for a definition; to provide that it shall be unlawful to fail to obey certain orders of a law enforcement officer. Referred to the Committee on Game, Fish & Recreation. HB 1345. By Representatives Hill of the 83rd, Davis of the 45th, Cheeks of the 89th, Lane of the lllth and Couch of the 40th: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to taxable net income for Georgia individual income tax pur poses, so as to provide for the exemption of certain retirement or pension income from income taxation. Referred to the Committee on Ways & Means. HB 1346. By Representatives Morion of the 47th, Reaves of the 147th, Greene of the 130th, Copelan of the 106th, Royal of the 144th and others: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to regulate and license animal shelters, kennels, stables, and pet dealers; to provide a short title. Referred to the Committee on Agriculture & Consumer Affairs. HB 1347. By Representatives Martin of the 60th and Coleman of the 118th: A bill to amend Code Section 40-6-163 of the Official Code of Georgia Anno tated, relating to the duty of driver of vehicle meeting or overtaking a school bus and reports of certain violations, so as to change certain provisions rela tive to the conduct of hearings and actions taken by the Department of Public Safety. Referred to the Committee on Public Safety. HB 1348. By Representatives Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd: A bill to amend Code Section 50-19-7 of the Official Code of Georgia Anno tated, relating to reimbursement for mileage and travel expenses for public officials and employees, so as to change the mileage allowance. Referred to the Committee on Appropriations. HB 1349. By Representatives Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd: A bill to amend Chapter 83 of Title 36 of the Official Code of Georgia Anno tated, relating to local government investment pools, so as to authorize cer tain other bodies created for a public purpose which obtain the approval of the State Depository Board to use the investment pool. Referred to the Committee on Banks & Banking. 106 JOURNAL OF THE HOUSE, HB 1350. By Representatives Moore of the 139th, Bostick of the 138th, Branch of the 137th, Hudson of the 117th, Oliver of the 121st and others: A bill to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to provide that the costs of advertisements of property to be sold under tax execution shall be an additional cost of the execution to be satisfied volun tarily by the defendant or by levy and sale of the property. Referred to the Committee on Judiciary, HB 1351. By Representatives Thomas of the 69th, Davis of the 45th, Pannell of the 122nd and Lawson of the 9th: A bill to amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Public Safety, so as to provide that neither the commissioner, the depart ment, nor any other departmental employee is a proper party respondent in a habeas corpus proceeding which seeks to challenge the validity of a convic tion, bond forfeiture, or plea of nolo contendere. Referred to the Committee on Judiciary. HB 1352. By Representative Selman of the 32nd: A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Anno tated, relating to living wills, so as to provide that a living will shall be in substantially a certain form; to provide that a living will shall be effective from the date of execution unless revoked in a manner prescribed in Code Section 31-32-5. Referred to the Committee on Judiciary. HB 1353. By Representatives Pinkston of the 100th and Beck of the 148th: A bill to amend Code Section 10-1-7 of the Official Code of Georgia Anno tated, relating to the payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under "The Retail Installment and Home Solicitation Sales Act," so as to change the fee that a retail seller may charge a buyer for checks, drafts, or orders which are not honored by the drawee for the payment of money on any bank or other depository. Referred to the Committee on Banks & Banking. HB 1354. By Representatives Pinkston of the 100th and Beck of the 148th: A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to the issuance of bad checks, so as to standardize the charges which may be imposed for the issuance of bad checks. Referred to the Committee on Banks & Banking. HB 1355. By Representatives Pannell of the 122nd, Chambless of the 133rd, Hooks of the 116th and Childers of the 15th: A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to change certain filing requirements for audits of authorities. Referred to the Committee on Health & Ecology. FRIDAY, JANUARY 17, 1986 107 HB 1356. By Representative Colbert of the 23rd: A bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta and creating a new charter for said city, so as to change the corporate limits of said city. Referred to the Committee on State Planning & Community Affairs - Local. HB 1357. By Representative Jackson of the 9th: A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to the registration and licensing of motor vehicles, so as to specify the situations under which a county tag agent may issue county name decals; to provide that duplicate license plates, county name decals, and revalidation stickers may be obtained from the county tag agent. Referred to the Committee on Motor Vehicles. HB 1358. By Representative Milford of the 13th: A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Anno tated, relating to registration of used car dealers, so as to change certain definitions; to provide for the issuance of temporary off-premises permits; to authorize the board to investigate and suspend or revoke the license of per sons violating odometer alteration provisions. Referred to the Committee on Motor Vehicles. HB 1359. By Representative Lee of the 72nd: A bill to amend Code Section 43-21-51 of the Official Code of Georgia Anno tated, relating to applications for persons operating roadhouses, public dance halls, or any other similar establishments by whatever name called and inspections by the Department of Human Resources and county health authorities, so as to provide that such establishments shall not be subject to inspection by the Department of Human Resources. Referred to the Committee on Industry. HB 1360. By Representatives Alford of the 57th, Wilson of the 20th, Pettit of the 19th, Royal of the 144th and Heard of the 43rd: A bill to amend Code Section 40-2-29.2 of the Official Code of Georgia Anno tated, relating to license plates commemorating the centennial of the Georgia Institute of Technology, so as to extend the time of issuance of such license plates. Referred to the Committee on Motor Vehicles. HB 1361. By Representatives Murphy of the 18th, Walker of the 115th, Burruss of the 20th, Thomas of the 69th, Lee of the 72nd and others: A bill to amend Chapter 16 of Title 50 of the Official Code of Georgia Anno tated, relating to public property, so as to create the State Commission on the Condemnation of Public Property; to provide definitions; to provide for the membership and the powers and duties of the commission; to provide for the acquisition of public property or an interest therein by certain state agencies by condemnation and the power of eminent domain. Referred to the Committee on Judiciary. 108 JOURNAL OF THE HOUSE, HB 1362. By Representatives Crosby of the 150th, Wilson of the 20th, Burruss of the 20th and Murphy of the 18th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxes, so as to provide that sales transactions for which food stamps or WIC coupons are used as the medium of exchange shall be exempt from sales and use taxes. Referred to the Committee on Ways & Means. HB 1363. By Representatives Bishop of the 94th, Murphy of the 18th and Thomas of the 31st: A bill to amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrests by law enforcement officers generally, so as to provide limitations on the use of force by certified peace officers when arresting felony suspects. Referred to the Committee on Special Judiciary. HB 1364. By Representatives Walker of the 85th, Padgett of the 86th, Walker of the 115th, Randall of the 101st, Pinkston of the 100th and others: A bill to amend Part 4 of Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to filing of financing statements in secured transactions, so as to require that a financing statement and a continuation statement shall specify the maturity date of the secured obligation or shall specify that the obligation is not subject to a maturity date only as to certain secured transactions. Referred to the Committee on Banks & Banking. HB 1365. By Representatives Lucas of the 102nd and Coleman of the 118th: A bill to amend Code Section 16-13-49 of the Official Code of Georgia Anno tated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to require law enforcement agencies to submit an annual report to the governing authority of the county or municipality itemizing the money, cur rency, and proceeds of forfeited property received and the expenditure of the funds during the previous 12 months. Referred to the Committee on Public Safety. HB 1366. By Representatives Walker of the 115th, Murphy of the 18th and Lee of the 72nd: A bill to amend Code Section 28-1-8 of the Official Code of Georgia Anno tated, relating to the salary and allowances of members and officers of the General Assembly, so as to authorize additional compensation for the assis tant administration floor leaders of the House of Representatives. Referred to the Committee on Rules. HB 1367. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th and Robinson of the 96th: A bill to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals in cases involving FRIDAY, JANUARY 17, 1986 109 certain motor vehicle and traffic offenses, so as to provide that all appeals of convictions under Article 2 of Title 40 be by writ of certiorari. Referred to the Committee on Judiciary. HB 1368. By Representatives Chambless of the 133rd, Murphy of the 18th, Thomas of the 69th, Lawson of the 9th and Robinson of the 96th: A bill to amend Code Section 15-6-50 of the Official Code of Georgia Anno tated, relating to terms of office, qualifications, and training for/clerks of superior courts, so as to change the number of hours of annual .training for clerks; to provide for reimbursement by counties of expenses of .training. Referred to the Committee on Judiciary. HB 1369. By Representatives Colwell of the 4th, Hays of the 1st, Cox of the 141st, Dobbs of the 74th and Jackson of the 9th: A bill to amend Code Section 42-8-36 of the Official Code of Georgia Anno tated, relating to the duty of a probationer to inform his probation super visor of his residence and whereabouts, so as to change the effective date of the tolling of the sentence when the running of the probated sentence is sus pended; to repeal certain provisions relating to revocation of probation with out notice to the probationer. Referred to the Committee on State Institutions & Property. HB 1370. By Representatives Colwell of the 4th, Hays of the 1st, Cox of the 141st, Dobbs of the 74th and Jackson of the 9th: A bill to amend Chapter 5 of Title 42 of the Official Code of Georgia Anno tated, relating to correctional institutions of the state and counties, so as to provide for payment of emergency medical costs in life-threatening situa tions, above a specified minimum amount, by the Georgia Department of Corrections with respect to state inmates housed in county institutions. Referred to the Committee on State Institutions & Property. HB 1371. By Representatives Bostick of the 138th, Sherrod of the 143rd, Carter of the 146th, Yeargin of the 14th, Triplett of the 128th and others: A bill to amend Article 5 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to construction, improvement, and repair of rail lines and depots, so as to add a new Code section to provide that any municipality or county may exercise the power of eminent domain pursuant to Title 22 of the Official Code of Georgia Annotated to condemn a railroad right of way or rail line in its jurisdiction which is abandoned pursuant to certain federal laws. Referred to the Committee on Special Judiciary. HB 1372. By Representative Holmes of the 28th: A bill to amend Code Section 31-7-74 of the Official Code of Georgia Anno tated, relating to qualifications of members of hospital authorities, so as to provide that in certain counties members of the governing body or bodies of the area of operation of such authority shall be eligible to be appointed by the governing body or bodies of which they are members to the board of such authority. Referred to the Committee on State Institutions & Property. 110 JOURNAL OF THE HOUSE, HB 1373. By Representatives Aaron of the 56th, Redding of the 50th, Clark of the 55th, Adams of the 36th, Thomas of the 31st and others: A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to provide for recognition of and bargaining with authorized representatives of the employees of the Authority; to require final and bind ing interest arbitration and grievance arbitration; to provide for management rights. Referred to the Committee on State Planning & Community Affairs. HB 1374. By Representatives Redding of the 50th, Dean of the 29th, Clark of the 55th, Aaron of the 56th, Thomas of the 31st and others: A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to provide for licensed cashers of checks; to provide for definitions; to provide for the requirements for licensure. Referred to the Committee on Banks & Banking. HB 1375. By Representatives Thomas of the 31st, Bishop of the 94th, Daugherty of the 33rd and Alien of the 127th: A bill to amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to the rights, duties, and liabilities of innkeepers, so as to require a notice of termination to be given to certain occupants of hotels, apartment hotels, boarding houses, or inns; to specify the period of time which a notice shall cover. Referred to the Committee on Special Judiciary. HB 1376. By Representatives Stancil of the 66th, Reaves of the 147th, Royal of the 144th, Balkcom of the 140th, Crawford of the 5th and others: A bill to amend Code Section 50-10-5 of the Official Code of Georgia Anno tated, relating to the corporate powers and purposes of the Georgia Develop ment Authority, so as to provide that loans under the first-time farmer tax-free note program of the authority may be made only to persons who have demonstrated an ability and an intention to earn at least 25 percent of their livelihood from agricultural operations. Referred to the Committee on Agriculture & Consumer Affairs. HB 1377. By Representatives Adams of the 36th and Jackson of the 9th: A bill to amend Part 2 of Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to periodic emission inspections of motor vehicles, so as to provide for inspections and certificates of inspections for certain new motor vehicles; to define further those vehicles which must be inspected prior to being registered. Referred to the Committee on Motor Vehicles. HB 1378. By Representatives Crosby of the 150th and Dixon of the 151st: A bill to amend Paragraph (1) of subsection (b) of Code Section 48-5-210 of the Official Code of Georgia Annotated, relating to the election and qualifica tions for office of county tax receivers, tax collectors, and tax commissioners, FRIDAY, JANUARY 17, 1986 111 so as to provide that persons holding any such office as of April 1, 1986, shall not be required to possess certain qualifications. ' Referred to the Committee on State of Republic. HB 1379. By Representatives Galer of the 97th, Logan of the 67th, Holmes of the 28th, Bishop of the 94th and Connell of the 87th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxation, so as to provide an exemption from sales and use taxation for sales of Girl Scout cookies to and by the member councils of the Girl Scouts of the U.S.A. Referred to the Committee on Ways & Means. HB 1380. By Representatives Russell of the 64th, Hamilton of the 124th, Smyre of the 92nd, Dunn of the 73rd, Redding of the 50th and others: A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change the permissible fees charged by sure ties on criminal bonds; to provide for compensation and aid to certain vic tims of crime; to provide for the administration of the compensation to victims of crime program by the State Board of Workers' Compensation. Referred to the Committee on State of Republic. HR 519. By Representative Hudson of the 117th: A resolution authorizing the conveyance of certain state owned real property located in Hawkinsville, Pulaski County, Georgia, to the Pulaski Develop ment Company, Inc. Referred to the Committee on State Institutions & Property. HR 520. By Representative Maddox of the 7th: A resolution compensating Ms. Martha Millsaps. Referred to the Committee on Appropriations. HR 521. By Representative Richardson of the 52nd: A resolution urging the adoption of a uniform definition for the syndrome of infantile autism. Referred to the Committee on Health & Ecology. HR 524. By Representatives Cheeks of the 89th, Padgett of the 86th, Ransom of the 90th, Brown of the 88th and Connell of the 87th: A resolution redesignating the Gracewood State School and Hospital in Richmond County as the Norman B. Pursley Georgia Developmental Center. Referred to the Committee on State Institutions & Property. HR 525. By Representatives Porter of the 119th, Bostick of the 138th, Chambless of the 133rd, Robinson of the 96th, Groover of the 99th and others: A resolution proposing an amendment to the Constitution so as to provide that an enactment of the General Assembly shall be paramount to court 112 JOURNAL OF THE HOUSE, rules; to provide that a court rule shall not become effective until it is approved by a joint resolution of the General Assembly. Referred to the Committee on Judiciary. HR 565. By Representatives Russell of the 64th, Hamilton of the 124th, Smyre of the 92nd, Dunn of the 73rd, Redding of the 50th and others: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for compensating innocent victims of crime and to provide by general law for the assessment of addi tional criminal penalties; to provide funds for such compensation. Referred to the Committee on State of Republic. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 1319 HB 1320 HB 1321 HB 1322 HB 1323 HB 1324 HB 1325 HB 1326 HB 1327 HR 513 HR 514 HR 515 HR 517 HR 518 Representative Thomas of the 69th District, Acting 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 493 Do Pass, by Substitute HB 1200 Do Pass, as Amended HB 1211 Do Pass HB 1213 Do Pass HB 1214 Do Pass HB 1216 Do Pass, by Substitute HB 1220 Do Pass HB 1277 Do Pass HB 1278 Do Pass Respectfully submitted, /s/ Thomas of the 69th Acting Chairman Representative Randall of the 101st District, Vice-Chairman of the Committee on Special Judiciary, submitted the following report: Mr. Speaker: Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation: HB 790 Do Pass, by Substitute Respectfully submitted, /s/ Randall of the 101st Vice-Chairman FRIDAY, JANUARY 17, 1986 113 Representative Colwell of the 4th District, Chairman of the Committee on State Insti tutions & Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions & Property has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 500 Do Pass HR 512 Do Pass Respectfully submitted, /s/ 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 has instructed me to report the same back to the House with the following recommendations: HB 1237 Do Pass HB 1238 Do Pass HB 1239 Do Pass HB 1244 Do Pass HB 1252 Do Pass HB 1284 Do Pass HB 1289 Do Pass HB 1290 Do Pass HB 1291 Do Pass HB 1292 Do Pass HB 1298 Do Pass HB 1299 Do Pass Respectfully submitted, /s/ 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 Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations: HB 136 Do Pass, by Substitute HB 509 Do Pass HB 595 Do Pass, by Substitute HB 775 Do Pass, by Substitute Respectfully submitted, /s/ Wilson of the 20th Chairman By unanimous consent the following Bills of the House were taken up for consider ation and read the third time: 114 JOURNAL OF THE HOUSE, HB 1237. By Representatives Floyd of the 154th and Chance of the 129th: A bill to create the board of education of the Liberty County School District; to provide for a seven-member board of education consisting of one countywide district from which the chairman shall be elected and six single-member districts from which the other six members shall be severally elected. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 1237 was ordered immediately transmitted to the Senate. HB 1238. By Representatives Floyd of the 154th and Chance of the 129th: A bill to provide that the school superintendent of the Liberty 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 1238 was ordered immediately transmitted to the Senate. HB 1239. By Representatives Floyd of the 154th and Chance of the 129th: A bill to amend an Act creating the board of commissioners of Liberty County, so as to provide for a seven-member board of commissioners consist ing of one county-wide district from which the chairman shall be elected and six single-member districts from which the other six members shall be sever ally elected. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 1239 was ordered immediately transmitted to the Senate. HB 1244. By Representatives Peters of the 2nd and Ramsey of the 3rd: A bill to amend an Act creating the office of the commissioner of Catoosa County, so as to change the compensation and allowances of the commis sioner. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. FRIDAY, JANUARY 17, 1986 115 By unanimous consent, HB 1244 was ordered immediately transmitted to the Senate. HB 1252. By Representatives Bostick of the 138th and Carter of the 146th: A bill to amend an Act providing a new charter for the City of Tifton, so as to change the date for holding certain municipal elections. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 1252 was ordered immediately transmitted to the Senate. HB 1284. By Representatives Chambless of the 133rd, White of the 132nd, Young of the 134th and Balkcom of the 140th: A bill to provide for the Joint County-Municipal Board of Registration and Elections for Dougherty County and the City of Albany pursuant to Code Section 21-2-45 of the Official Code of Georgia Annotated, and define its powers, duties, and responsibilities; to provide a method for the selection, resignation, and removal of its members and for filling vacancies. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 1284 was ordered immediately transmitted to the Senate. HB 1289. By Representative Bray of the 91st: 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 Meriwether County board of education and school superintendent. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 1289 was ordered immediately transmitted to the Senate. HB 1290. By Representative Bray of the 91st: 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 Meriwether County Development Authority and its powers and operation. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. 116 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 1290 was ordered immediately transmitted to the Senate. HB 1291. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th, Moultrie of the 93rd, Smyre of the 92nd and others: A bill to amend an Act creating the Muscogee County School District, so as to authorize the school district to construct, maintain, and operate museums; to authorize the school district to obtain the services of a private nonprofit corporation to assist and work with the school district in the operation of its art galleries, art centers, and museums. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 1291 was ordered immediately transmitted to the Senate. HB 1292. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th, Moultrie of the 93rd, Smyre of the 92nd and others: A bill to amend an Act creating the Muscogee County School District, so as to provide that the superintendent of the board of education may in an emergency make certain contracts where the expenditure exceeds $2,500.00. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 1292 was ordered immediately transmitted to the Senate. HB 1298. By Representative Smith of the 78th: A bill to authorize the board of commissioners of Butts County to levy, assess, and collect license fees upon certain business activities conducted within Butts County. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 1298 was ordered immediately transmitted to the Senate. HB 1299. By Representative Smith of the 78th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Butts County Industrial Development Authority and providing for its powers, authority, funds, purposes, and procedures. FRIDAY, JANUARY 17, 1986 117 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 1299 was ordered immediately transmitted to the Senate. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate: SR 313. By Senator Holloway of the 12th: A resolution commending the students and faculty of Albany Junior College. The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House: 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 appoint ment, resignation, and removal of its members. The following Resolutions of the Senate were read and adopted: SR 286. By Senators Coverdell of the 40th and Howard of the 42nd: A resolution expressing regret at the untimely passing of Officer Philip Bruce Mathis of the Atlanta Police Force. SR 313. By Senator Holloway of the 12th: A resolution commending the students and faculty of Albany Junior College. Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 911. By Representatives Kingston of the 125th and Auten of the 156th: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to specify certain zoning procedures to be followed in counties containing salt-water islands. The following Committee substitute was read: A BILL To amend Title 36 of the Official Code of Georgia Annotated, relating to local govern ment, so as to provide for procedures for the exercise of the zoning power by coastal coun ties involving certain property located on salt-water islands; to provide for legislative 118 JOURNAL OF THE HOUSE, findings and intent; to provide for definitions; to provide for salt-water island zoning advi sory boards and their powers, duties, organization, procedures, policies, and composition, and for membership selection, terms, vacancies, removal, and compensation; to provide for notices and reports regarding the exercise of certain zoning powers on salt-water islands; to provide for construction; 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 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding after Chapter 67 thereof a new Chapter 68 to read as follows: "CHAPTER 68 36-68-1. The General Assembly finds that the increasing urbanization of and growth pressures on the salt-water islands of this state require that coastal county governing authorities should, with respect to such islands, use zoning procedures which may not be necessary in other areas. The General Assembly finds that the procedures required by this chapter will help to ensure that coastal county governing authorities will make zoning decisions consistently and wisely and in keeping with the long-range require ments of the preservation of the state's salt-water islands and the public health, safety, and welfare. 36-68-2. As used in this chapter, the term: (1) 'Coastal county" means any county having wholly or partially within its bound aries a salt-water island and in which the governing authority of that county has established a planning department or similar agency charged with reviewing or making recommendations regarding any proposed zoning decision. (2) 'Governing authority' means the entity constituting a county's governing body. (3) 'Salt-water island' means an island any part of which is subject to zoning by a coastal county governing authority and which is surrounded by salt water or brackish water and on which is located any residential dwelling. (4) 'Zoning' means the power of a coastal county governing authority to provide within its 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 dis tricts were established. (5) 'Zoning advisory board' means the advisory board required by Code Section 36-68-3. (6) 'Zoning decision' means final action by a coastal county governing authority which results in: (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. (7) 'Zoning ordinance' means an ordinance or resolution of a coastal county gov erning authority 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 con junction with a zoning ordinance which shows the zones and districts and zoning classifications of property therein. 36-68-3. (a) The governing authority of each coastal county shall establish a sep arate zoning advisory board for that county's salt-water islands. (b) The zoning advisory board shall be composed of ten members. This membership shall be apportioned so that each member of the coastal county governing authority who represents any part of a salt-water island shall have represented on the zoning advisory board the same proportion of zoning advisory board members as the salt-water island FRIDAY, JANUARY 17, 1986 119 population represented by that governing authority member bears to the total salt-water island population of that coastal county, according to the United States decennial census of 1980 or any future such census. In the event more than one member of that governing authority represents the same residents of a salt-water island, for example in at-large districts, the share of that same salt-water island population represented by two or more members of the governing authority shall be determined by dividing that population figure by the number of members of the governing authority representing that popu lation. The coastal county governing authority by ordinance shall prescribe methods for rounding up or down to the next whole number where apportionment pursuant to this subsection results in a figure which is not a whole number. (c) Members of the zoning advisory board shall be nominated by the member of the coastal county governing authority whom they represent on the board but shall be elected by a majority of the entire coastal county governing authority. If within 30 days after receiving such a nomination for a zoning advisory board member the governing authority has not elected that nominee, that nomination shall automatically be with drawn, and the member who made the nomination shall submit to that governing authority a list of three nominees for the position for which the nomination was with drawn, none of which nominees shall be the nominee whose nomination was automati cally withdrawn. The governing authority shall select as a zoning advisory board member one person from that list within 15 days following receipt of the list; otherwise, the member submitting the list of nominees shall select from the three nominees one person to serve on the zoning advisory board in the vacant position. (d) Members of zoning advisory boards shall serve for terms of office of two years, beginning the first day of July of each even-numbered year, and until their respective successors are elected and qualified as provided in subsection (c) of this Code section. Vacancies on the board shall be filled in the same manner as the original appointment. A member of the zoning advisory board shall, during that person's term of office, reside in the election district of the coastal county governing authority member whom that zoning advisory board member represents, and the position of that zoning advisory board member shall be automatically vacated by removal from that district. A member may also be removed for cause after notice and hearing by the coastal county governing authority. (e) Members of zoning advisory boards shall receive no compensation for the perfor mance of their duties pursuant to this chapter. (f) Members of zoning advisory boards shall select from their number a chairperson and vice chairperson and such additional officers as that board determines necessary. The zoning advisory board shall provide for its own rules and procedures not incon sistent with this chapter. 36-68-4. (a) After July 1, 1986, the governing authority of a coastal county may not make any zoning decision involving property located on any salt-water island lying wholly or partially within that county except in conformity with this chapter. (b) At least 60 days prior to making a zoning decision involving property located on any salt-water island lying wholly or partially within a coastal county, the governing authority of that county shall submit to the zoning advisory board a notice containing the following information: (1) A description of the property for which the zoning decision is proposed; (2) The present zoning classification of the property; (3) The proposed zoning classification of the property; and (4) The date the governing authority is scheduled to make the zoning decision. (c) Within 30 days after receiving a notice under subsection (b) of this Code section, the zoning advisory board shall issue a report to the governing authority which submit ted that notice. That report shall contain the zoning advisory board's findings regarding whether the zoning classification proposed for the property meets those zoning standards and criteria for that property established by the governing authority or by the planning department or other similar agency charged by that governing authority with the review of proposed zoning classifications of property. That report shall also contain the zoning advisory board's findings regarding whether that planning department or similar agency 120 JOURNAL OF THE HOUSE, followed its own procedures in reviewing and making recommendations concerning the proposed zoning classification. (d) Within ten days after receipt of a report under subsection (c) of this Code section, the governing authority receiving the report shall have that report published once in a newspaper of general circulation within that coastal county. The governing authority shall be required to publish only so much of the report received as does not exceed one full page in the publishing newspaper, but that publication shall not be included among nor directly adjacent to any legal advertisements or classified advertise ments in that newspaper. (e) At any meeting of a coastal county governing authority at which there is to be made a zoning decision regarding property located on any salt-water island, prior to making that decision, the chairperson of the zoning advisory board or that person's designee on the board shall be permitted a reasonable time to present to the governing authority the report of the zoning advisory board, but the governing authority may limit the presentation of each such report to one hour. (f) The report of a zoning advisory board issued pursuant to this Code section shall be advisory only and not binding upon a coastal county governing authority. 36-68-5. (a) Nothing in this chapter shall be construed to invalidate any zoning decision of a coastal county governing authority made prior to July 1, 1986. (b) The requirements of this chapter shall be supplemental to those established by any other law, including but not limited to Chapters 66 and 67 of this title, and nothing in this chapter shall be construed to exempt a zoning decision from the provisions of those other laws." Section 2. Those provisions of this Act necessary for the appointment of or election of members of a zoning advisory board shall become effective upon the approval of this Act by the Governor or upon this Act otherwise becoming law. The remaining provisions of this Act shall become effective July 1, 1986. Section 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Kingston of the 125th moves to amend the Committee substitute to HB 911 by striking lines 19 through 29 of page 6, and By striking from line 30 of page 6, the following: "(e)", and inserting in its place the following: "(d)", and By striking from line 5 of page 7, the following: "(f)", and inserting in its place the following: "(e)". On the adoption of the amendment, the ayes were 80, nays 24. The amendment was adopted. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. FRIDAY, JANUARY 17, 1986 121 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 N Adams.M Aiken N Alford Y Alien N Anderson YArgo N Athon Y Atkins Y Auten N Bailey N Balkcom Y Bannister N Bargeron Y Barnett.B Y Barnett,M NBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Brown.G YBuck N Bumiss YByrd Y Carter Y Chambless Y Chance N Cheeks N Childers N Childs N Clark.B Clark.L Y Colbert Coleman N Colwell N Connell Y Cooper Y Copelan Y Couch NCox Y Crawford Y Crosby N Cumminga Daugherty Davis Dean Y Dixon Y Dobbs Y Dover NDunn Y Edwards Y Pelton N Floyd N Foster Galer NGodbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Y Manner N Harris Y Hasty NHays Heard YHill Y Holcomb Y Holmes Y Hooks N Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson N Johnson.D Y Johnson.F Y Johnson.R N Johnson.S N Kilgore Y Kingston Y Lane.D Y Lane,R Y Lawler Y Lawrence Y Lawson N Lee.C NLee.W Y Under YLogan Long Lord Y Lucas Y Lupton Y Maddox N Mangum Y Martin.C Y Martin,J Y Matthews McDonald N McKelvey McKinney Y Milam Milford Y Moody Y Moore Y Morton N Mostiler Moultrie Y Mueller N Oliver.C N Padgett Y Pannell Y Parham N Parrish Y Patten Y Peters N Pettit N Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom NRay N Reaves N Redding N Richardson N Robinson.C Y Robinson,? Ross Y Royal N Russell N Selman Shepard N Sherrod Y Sinkfield N Sizemore Y Smith.L Y Smith,P Y Smith.T NSmyre Y Stancil N Steinberg N Thomas.C Y Thomas,M Thompson Y Townsend N Triplett N Twiggs Y Waddle Y Waldrep Walker.C Walker,L YWall Ware N Watson N Watts White Y Wilder Y Williams.B Y Williams,J Y Williams.R N Wilson Y Wood N Workman Yeargin Y Young Murphy ,Spkr On the passage of the Bill, by substitute, as amended, the ayes were 98, nays 55. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. Representative Triplett of the 128th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 911, by substitute, as amended. HB 1217. By Representatives Lane of the lllth, Oliver of the 121st, Phillips of the 120th, Godbee of the 110th, Parrish of the 109th and others: A bill to amend Chapter 14 of Title 2 of the Official Code of Georgia Anno tated, relating to the sale of agricultural products, so as to regulate the sale of onions. The following amendment was read and adopted: The Committee on Agriculture & Consumer Affairs moves to amend HB 1217 as follows: By adding following the word "regulations" on line 10 of page 1 the following: "; to provide for variances from production area requirements and the practices and procedures connected therewith". By adding following the sentence ending on line 3 of page 3 the following: 122 JOURNAL OF THE HOUSE, "Pursuant to such rules, regulations, and conditions as may be prescribed by the Commissioner, the Commissioner is authorized to grant variances in the production area requirements of this article to any producer who has produced in Georgia, marketed, and labeled onions of the Vidalia onion variety as Vidalia onions prior to the effective date of this article." And by adding following the word "Georgia" on line 10 of page 2 the following: "or such lesser area as may be provided for pursuant to subsection (a) of Code Section 2-14-133". The following amendments were read and lost: Representative Moore of the 139th moves to amend the Committee substitute to HB 1217 by striking lines 29, 30 and 31 on page 5 and adding: "This Act shall become effective on July 1, 1987". Representative Hudson of the 117th moves to amend HB 1217 by striking the sen tence beginning on line 30 of page 2 and continuing to line 3 of page 3, which reads as follows: "The Commissioner may also prescribe rules or regulations establishing a registration, inspection, and verification program for the production and marketing of Vidalia onions in this state and, after hearing and public comment, further limiting the Vidalia onion production area as defined in paragraph (2) of Code Section 2-14-131.", and inserting in lieu thereof a new sentence to read as follows: "The Commissioner may also prescribe rules or regulations establishing a registration, inspection, and verification program for the production and marketing of Vidalia onions in this state." Representative Hudson of the 117th moves to amend HB 1217 by adding following the word "regulations" on line 10 of page 1 the following: "; to provide for variances from production area requirements and the practices and procedures connected therewith". By adding following the sentence ending on line 3 of page 3 the following: "Pursuant to such rules, regulations, and conditions as may be prescribed by the Commissioner, the Commissioner shall grant variances in the production area require ments of this article to any producer who has produced in Georgia, marketed, and labeled onions of the Vidalia onion variety as Vidalia onions prior to April 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 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 N Bostick Y Branch YBray Brooks Y Brown,G 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 YCopelan FRIDAY, JANUARY 17, 1986 123 Y Couch YCox Y Crawford Y Crosby Y Cummings Y Daugherty Y Davis Dean Y Dixon YDobbs Y Dover Dunn Y Edwards Y Felton Floyd Y Foster YGaler Y Godbee YGoodwin Y Greene Y Greer Y Groover Y Hamilton N Manner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks YHorne N Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y JohnsontF 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 Logan Long 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 N Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Patten Y Peters Pettit Y Phillips Pinks ton 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 YSelman Y Shepard N Sherrod Sinkfield N Sizemore Y Smith,L Smith,P Y Smith.T YSmyre Y Stancil Y Steinberg Y Thomas.C Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Y Ware N Watson Y Watts White Y Wilder Y Williams.B Williams,,] Y Willims,R Y Wilson Y Wood Y Workman Y Yeargin N Young Murphy.Spkr On the passage of the Bill, as amended, the ayes were 153, nays 8. The Bill, having received the requisite constitutional majority, was passed, as amended. Due to mechanical malfunction, the vote of Representative Logan of the 67th was not recorded on the preceding roll call. He wished to vote "aye" thereon. The Speaker Pro Tem assumed the Chair. HB 1171. By Representative Reaves of the 147th: A bill to amend Code Section 26-2-38 of the Official Code of Georgia Anno tated, relating to detention or embargo of adulterated or misbranded food, so as to change the provisions relating to affixing tags or markings to food which is suspected of being misbranded; to change the requirements of the misbranding of food. 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 YArgo Athon Y Atkins YAuten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Bamett,B Y Barnett.M YBeck Y Benefield YBenn Birdsong Bishop Bolster Y Bostick Y Branch YBray Brooks Y Brown,G YBuck Y Burruss YByrd Y Carter Chambless Chance Y Cheeks Y Childere Y Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Cooper YCopelan Y Couch YCox Y Crawford Y Crosby Cummings Daugherty Y Davis Dean Y Diion Dobbs Y Dover Dunn Edwards Y Felton Floyd Foster YGaler YGodbee Y Goodwin Greene Y Greer Y Groover Hamilton Hanner Y Harris Y 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 124 JOURNAL OF THE HOUSE, Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane.D Lane,R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under Y Logan Long YLord Y Lucas Y Lupton Maddox Y Mangum Martin.C Y Martin,J Y Matthews McDonald McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Mostiler Y Moultrie Y Mueller Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Y Patten Peters Pettit 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,? YRoss Y Royal Y Russell Selman Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Smith ,P Smith.T YSmyre Stand) Y Steinberg Y Thomas,C Thomas,M Y Thompson Y Townsend Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Watson Y Watts White Y 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, the ayes were 130, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1172. By Representative Reaves of the 147th: A bill to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to the pre vention and control of infectious or contagious diseases in livestock, so as to define the term "livestock"; to provide for the enforcement of Chapter 4 of Title 4; to vest the Commissioner of Agriculture with police powers. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Adams,G Y Adams,M Aiken Alford 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 Benefield YBenn Birdsong Y Bishop Bolster Y Bostick Y Branch YBray Brooks Brown.G 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 Cooper Y Copelan Couch YCox Y Crawford Y Crosby Y Cummings Y Daugherty Y Davis YDean Dixon Dobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Foster YGaler YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Manner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home 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 YLee,W Y Linder Y Logan Long YLord Y Lucas Y Lupton Y Maddox Y Mangum Martin.C Y Martin,J Matthews McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Moody Moore Y Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Pettit Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson.C Y Robinson.P YRoss Y 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 Y Thompson Y Townsend 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 Y Wood Workman Y Yeargin Y Young Murphy,Spkr FRIDAY, JANUARY 17, 1986 125 On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1191. By Representatives Lane of the 27th, Martin of the 60th and Watson of the 114th: A bill to amend an Act which amended Title 31 of the Official Code of Georgia Annotated, relating to health, to create the State Boxing Commis sion, so as to repeal the provision providing for the automatic repeal of said Act on June 30, 1986. The following Committee substitute was read and adopted: A BILL To amend an Act which amended Title 31 of the Official Code of Georgia Annotated, relating to health, to create the State Boxing Commission, approved March 18, 1983 (Ga. L. 1983, p. 941), so as to amend the provision providing for the automatic repeal of said Act on June 30, 1986; to extend the date of automatic repeal; 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 which amended Title 31 of the Official Code of Georgia Anno tated, relating to health, to create the State Boxing Commission, approved March 18, 1983 (Ga. L. 1983, p. 941), is amended by striking Section 3, relating to repeal of the Act, in its entirety and inserting in lieu thereof a new Section 3 to read as follows: "Section 3. This Act shall stand repealed in its entirety on June 30, 1986 1989, not withstanding the terms of office of the members of the State Boxing Commission estab lished by subsection (b) of quoted Code Section 31-31-2 of Section 1 of this Act." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams,M Aiken Alford Y Alien YAndenon YArgo Y Athon Y Atkins YAuten Y Bailey Y Balkcom Y Bannister Y Bargeron YBamett.B Y Barnett.M YBeck YBenefield Y Benn YBirdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Brooks Brown.G YBuck Burruss Y Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B YClark,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 Y Dean Y Diion Y Dobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwill Y Greene Greet Groover Y Hamilton Manner Y Harris Y Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes Y Hooks Y Home Hudson Y Isakson Y JacksonJ Y Jackson.N Y Jamieaon YJohnson,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 Y Lee,W Y Linder Y Logan Long Y Lord Y Lucas Y Lupton Y Maddoi Y Mangum Y Martin.C 126 JOURNAL OF THE HOUSE, Y Martin,J Matthews Y McDonald Y McKelvey Y McKinney Milam Y Milford Y Moody Moore YMorton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Pettit Y Phillips Pinks ton Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson.C Y Robinson.P YRoss Y Royal N Russell Y Selman Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L 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 Waddle Y Waldrep Walker.C Y 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 Y Workman Y Yeargin Y Young Murphy,Spkr On the passage of the Bill, by substitute, the ayes were 149, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1226. By Representatives Chambless of the 133rd, Thomas of the 69th, Davis of the 45th, Lawson of the 9th, Williams of the 48th and others: A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry a pistol or revolver, so as to change certain provisions regarding the residency requirements for applicants for issuance or renewal of that license. 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 Adaras.G Y Adams,M Aiken 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 Benefield YBenn Y Birdsong Y Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Clark,B Y Clark.L Y Colbert Y Coleman Y Colwell 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 Felton Y Floyd Foster Y Galer Y Godbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Manner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home 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 Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan Long YLord Y Lucas Y Lupton Y Maddoi 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 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 YRay Y Reaves Redding Y Richardson Robinson.C Y Robinson,? YRoss Y Royal Y Russell Y Selman Shepard Y Sherrod Y Sinkfield Sizemore Y Smith,L Smith,P Y Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Y Thompson Townsend 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 Y Williams,R Y Wilson Y Wood Workman Vi Vi eaaarrtgriinn Y Young Murphy.Spkr FRIDAY, JANUARY 17, 1986 127 On the passage of the Bill, the ayes were 143, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1227. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th, Copelan of the 106th, Robinson of the 96th and others: A bill to amend Code Section 15-521 of the Official Code of Georgia Anno tated, relating to the promulgation of certain rules and regulations of the Judicial Council, so as to require prior written notice of the intended adop tion of such rules and regulations and provide for the invalidity of rules and regulations adopted without such notice and for proceedings relating thereto. 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 Y Alien Y Anderson YArgo Y Athon Y Atkins YAuten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M Beck Y Benefield Benn Y Birdsong Y Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G 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 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 Felton Y Floyd Y Foster YGaler YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Manner Y Harris 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,? Y Johnson,R Johnson,S Kilgore Y Kingston Y Lane,D Y Lane.R Y Lawler Y Lawrence Y Lawson YLee.C YLee.W Y Linder YLogan Long YLord Y Lucas Y Lupton Y Maddoi Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Milam Milford Y Moody Y Moore Y Morton Mostiler Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Y Patten Peters Pettit Y Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V YRandall Ransom YRay Reaves Y Redding Y Richardson Robinson,C Y Robinson,P YRoss Y Royal Y Russell Y Selman Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Smith,P Y Smith.T Smyre Y Stancil Stein berg Y Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplett YTwiggs Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White Y Wilder 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 141, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1228. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th and Pannell of the 122nd: A bill to amend Code Section 53-6-24 of the Official Code of Georgia Anno tated, providing for rules for granting letters of administration, generally, so as to provide an exception to a surviving spouse's entitlement to those letters. 128 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 Y Alien Y Anderson YArgo Athon Y Atkins YAufcm Y Bailey Y Balkcom Y Bannister 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 YBuck Y Burruss YByrd Y Carter Y Chambless Y 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 Coi Crawford Crosby Y Cummings Y Daugherty NDavis Dean Y Diion Y Dobbs Y Dover Dunn Y Edwards N Felton Y Floyd Y Foster YGaler YGodbee YGoodwin Greene Y Greer Y Groover Y Hamilton Hanner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks YHorne Y Hudson Ylsakson Y Jackson.J Y JackBon.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 Y Lawson YLee,C YLee.W Y Under YLogan Long YLord Y Lucas Y Lupton Y Maddoi Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Milam Milford Y Moody Y Moore N Morton Mostiler Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Y Patten Peters Pettit Y Phillips Pinkston Y Porter Rainey Y Ramsey.T NRamsey,V YRandall Ransom YRay Reaves Redding Y Richardson Y Robinson.C Y Robinson,P YRoss Y Royal Y Russell YSelman On the passage of the Bill, the ayes were 134, nays 5. The Bill, having received the requisite constitutional majority, was Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Smith.P Y Smith,T Smyre Stancil Steinberg Y Thomas.C Thomas,M Y Thompson Y Townsend Y Triplett YTwiggs Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder N Williams.B Y Williams,J Y Williams,R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy,Spkr 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 1206. By Representative Hooks of the 116th: A bill to create the Sumter County Public School System by merging and consolidating the county school system of Sumter County and the independ ent school system of the City of Americus; to create the board of education for the Sumter County Public School System. HB 1207. By Representatives Ware of the 77th and Milam of the 81st: A bill to provide a board of education of Troup County; to provide for the election of members of the board; to provide education districts from which members of the board shall be elected. FRIDAY, JANUARY 17, 1986 129 Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 1192. By Representatives Childers of the 15th, Athon of the 57th, Triplett of the 128th, Hamilton of the 124th, Pannell of the 122nd and others: A bill to amend Code Section 31-6-21.1 of the Official Code of Georgia Anno tated, relating to rule-making procedures of the Health Planning Agency, so as to prohibit the applicability of rules of that agency to certain applications made prior to the effective date of those rules. The following amendment was read and adopted: The Committee on Health and Ecology moves to amend HB 1192 by striking the word, "Qualifications", on line 15 of page one. 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 Alford Y Alien Y Andersen YArgo Y Athon Y Atkins YAuten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M Beck Benefield Benn Birdsong Bishop Bolster Bostick Y Branch YBray Y Brooks Y Brown.G YBuck YBurruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark.L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Couch YCox Crawford Y Crosby Y Cummings Y Daugherty YDavis Dean Y Dixon YDobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Harris 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,F Y Johnson,R Y Johnson.S Kilgore Y Kingston YLane,D YLane.R Y Lawler Y Lawrence Y Lawson Lee,C YLee.W Y Under 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 Milford Y Moody Y Moore Y Mortal Mostiler Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Y Patten Peters Pettit Y Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V YRandall Ransom YRay Y Reaves Y Redding Y Richardson Robinson.C Y Robinson,? YRoss Y Royal Y Russell Y Selman Shepard Y Sherrod Y 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 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 Workman Y Yeargin Y Young Murphy,Spkr On the passage of the Bill, as amended, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. 130 JOURNAL OF THE HOUSE, HB 748. By Representatives Johnson of the 72nd and Bailey of the 72nd: A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Anno tated, relating to bonds and recognizances, so as to provide additional condi tions for the release of a surety from liability; to provide for the remission of forfeiture under certain conditions. The following Committee substitute was read: A BILL To amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide additional conditions for the release of a surety from liability; to provide for the remission of forfeiture under certain conditions; to provide for such conditions; to provide for applications for remission; 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 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by striking Section 17-6-31, relating to the procedure for the surrender of the principal on a surety bond, in its entirety and substituting in lieu thereof a new Code Section 17-6-31 to read as follows: "17-6-31. A When the court is not in session, a surety on a bond may surrender iris the surety's principal to the sheriff in order to be released from liability. When the court is in session, a surety on a bond may surrender the surety's principal in open court or; be considered surrendered by plea of guilty to the court or if the defendant is present in person when the jury finds the principal guilty and, upon such plea or finding of guilty, the surety shall be released from liability. If the principal does not appear by the end of the day on which the principal was bound to appear, forfeiture proceedings shall be initiated. The death of the principal shall be equivalent to a surrender." Section 2. Said chapter is further amended by adding at the end of Code Section 17-6-72, relating to the judgment of forfeiture of appearance bonds, a new subsection (d) to read as follows: "(d) (1) On application within 120 days from forfeiture, the court shall order remis sion if it determines that there was no breach of the bond. (2) If the defendant surrenders or is apprehended within 90 days after forfeiture and the delay has not prevented the proper prosecution of the defendant, the court, on motion at a hearing upon notice having been given to the district attorney as required by paragraph (4) of this subsection, may direct remission of a maximum of 90 percent of a forfeiture if the surety apprehended and surrendered the defendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety or if the surety substantially attempted to procure or cause the apprehension or surrender of the defendant. (3) Remission of a forfeiture shall not be ordered for any reason other than those specified in this subsection. (4) As a condition of the court ordering remission of forfeiture based on an attempt by a surety to procure or cause the apprehension or surrender of the defend ant, the surety shall submit an application for remission accompanied by affidavits setting forth the facts upon which the application is based and additional documentation and other evidence supporting the surety's claim of attempting to pro cure or cause the apprehension or surrender of the defendant. The district attorney must be given at least 20 days' notice before a hearing is held on the application for remission and must be furnished with a copy of the application along with the affida vits and other documentation and evidence supporting such application. Remission shall be granted on the condition of the payment of costs by the surety unless the FRIDAY, JANUARY 17, 1986 131 ground for remission is that there was no breach of the bond as provided in paragraph (1) of this subsection." 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 HB 748 by adding on line 24, page 1, after the word "jury", the words "or judge if tried with out a jury". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Aiken Alford Y Alien Y Anderson YArgo YAthon Y Atkins YAuten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Bamett.M Beck Y Benefield Benn Y Birdsong Y Bishop Bolster Bostick Y Branch YBray Y Brooks Y Brown.G YBuck YBumiss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers 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 Y Daugherty Y Davis Dean Y Duon Y Dobbs Y Dover Dunn Edwards Y Felton Y Floyd Y Foster YGaler YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Harris Y Hasty YHays Y Heard Hill Y Holcomb Y Holmes Y Hooks YHorne 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 Lawler Y Lawrence Y Lawson Lee,C YLee.W Y Under YLogan Long YLord Y Lucas Y Lupton Y Maddoi Y Mangum Y Martin,C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Milam Milford Y Moody Y Moore Y Morion M os tiler Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Y Patten Peters Pettit Y Phillips Pinks ton Y Porter Rainey YRamsey.T Y Ramsey.V YRandall Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,? YRoss Y Royal Y Russell YSelman Shepard Y Sherrod Y 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 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 Y Young Murphy,Spkr On the passage of the Bill, by substitute, as amended, the ayes were 140, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. HB 422. By Representative Johnson of the 72nd: A bill to amend Code Section 47-2-296 of the Official Code of Georgia Anno tated, relating to rights and options of county probation system employees in connection with the Employees' Retirement System of Georgia, so as to 132 JOURNAL OF THE HOUSE, change the provisions relating to employee and employer contributions in cases where an employee elects to continue membership in a local retirement system. The following Committee substitute was read and adopted: A BILL To amend Code Section 47-2-296 of the Official Code of Georgia Annotated, relating to rights and options of county probation system employees in connection with the Employees' Retirement System of Georgia, so as to change the provisions relating to employee and employer contributions in cases where an employee elects to continue membership in a local retirement system; 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 47-2-296 of the Official Code of Georgia Annotated, relating to rights and options of county probation system employees in connection with the Employees' Retirement System of Georgia, is amended by striking subsection (c) in its entirety and inserting a new subsection (c) to read as follows: "(c) If an employee subject to this Code section was a member of a local retirement system at the time the applicable county probation system became a part of the state wide probation system, such employee, subject to the limitations of subsection (f) of this Code section, may either continue active membership in the local retirement system as provided in this subsection or become a member of the Employees' Retirement System of Georgia and transfer creditable service as an employee of the local retirement system to the Employees' Retirement System of Georgia as provided in subsection (d) of this Code section. Such employees who are subject to the provisions of subsection (e) of this Code section shall have the additional option to retire under the local retirement system, if qualified therefor, as provided in said subsection (e). An employee electing to continue membership in a local retirement system shall have the right to continue such member ship and the salary received by such employee as an employee of the Department of Corrections or other state department shall be the salary of such employee for all pur poses under the local retirement system. If applicable to any such employee, any county supplement to the state salary of such employee shall be included as salary for the pur poses of a local retirement system in which such employee continues membership. Except as otherwise provided in this subsection for the use of certain employer contribu tions to offset required employee contributions, such Stieh employee shall continue to pay the employee contributions required under the local retirement system; and, for such purposes, the Department of Corrections or other state department if the employee subsequently becomes employed by another department of the state government may enter into an agreement with the board of trustees or other managing body of the local retirement system whereby the department may deduct such employee contributions from the compensation of the employee and pay the amount deducted to the local retirement system. Employer contributions for continued membership in the local retire ment system shall be computed at the same percentage rate applicable to all other state employees on the basis of the state salary paid to such employees electing to continue membership in the local retirement system and shall be paid by the Department of Corrections or by another state department when applicable to the local retirement system; provided, however, that, if the employer contributions paid by the Department of Correcti ns or other state department exceed the employer contributions applicable to all other employees of the local retirement system, the difference between the per centage rate of employer contributions paid by the Department of Corrections or other state department and the percentage rate of employer contributions applicable to all other employees of the local retirement system shall be applied to offset the percentage rate of employee contributions required of such state employees remaining in the local FRIDAY, JANUARY 17, 1986 133 retirement system; provided, further, that, if the employer contributions to be paid by the Department of Corrections or other state department under this subsection would exceed the total employee and employer contributions required under the local retire ment system, the Department of Corrections or other state department shall only be required to pay the total amount of such employee and employer contributions required under the local retirement system. An employee continuing membership under a local retirement system under this subsection shall retain all rights, benefits, and privileges under the local retirement system in the same manner and to the same extent as if the employee remained an employee of the county. An employee electing to continue membership in a local retirement system shall not be and may not become a member of the Employees' Retirement System of Georgia." Section 2. This Act shall become effective July 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 sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Aiken Y Alford Y Alien Y Andergon 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 Bostick Branch YBray Y Brooks Y Brown,G YBuck Y Burruss YByrd Carter Y Chambless Y Chance Y Cheeks Y Childere Y Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Couch YCox Crawford Crosby Y Cummings Y Daugherty YDavis Dean Y Dizon Y Dobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler Y Godbee YGoodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Hill Y Holcomb Y Holmes Y Hooks Home Hudson Ylsakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson.R Y Johnnon.S Kilgore Y Kingston YLane,D YLane.R Y Lawler Lawrence YLawson Lee,C YLee,W Y Linder Logan Long YLord Lucas Y Lupton Y Maddoi Y Mangum Y Martin.C Y Martin.J Y Matthews Y McDonald Y McKelvey McKinney Milam MUford Moody Y Moore Y Morton Mostiler Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham YParrish Y Patten Peters Pettit Phillips Pinkston Y Porter Rainey YRamsey.T Y Ramsey.V Randall Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson,C Robinson,P YRoss Y Royal Y Russell YSelman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Smith,P Y Smith,T NSmyre Y Stancil Y Steinberg Thomas.C Thomas,M Y Thompson Y Townsend Y Triplet! YTwiggs 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 132, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute. Representative Lucas of the 102nd 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. 134 JOURNAL OF THE HOUSE, Representative Smyre of the 92nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to vote "aye" thereon. The Speaker assumed the Chair. The following Resolutions of the House were read and adopted: HR 526. By Representative Yeargin of the 14th: A resolution commending Sonjia Chow. HR 527. By Representatives Ware of the 77th and Milam of the 81st: A resolution commending Amy Scott. HR 528. By Representatives Reaves of the 147th, Beck of the 148th and Patten of the 149th: A resolution commending Scott Dasher. HR 529. By Representative Chance of the 129th: A resolution commending Mark Tillman. HR 530. By Representatives Reaves of the 147th, Beck of the 148th and Patten of the 149th: A resolution commending Laura Fields. HR 531. By Representatives Reaves of the 147th, Patten of the 149th and Beck of the 148th: A resolution commending Bert Chancey. HR 532. By Representative Yeargin of the 14th: A resolution commending Bryan Gabriel. HR 533. By Representative Yeargin of the 14th: A resolution commending Steven King. HR 534. By Representative Stancil of the 66th: A resolution commending Lynda Thomas. HR 535. By Representative Copelan of the 106th: A resolution commending Christa Thomas. HR 536. By Representative Yeargin of the 14th: A resolution commending Lisa Wilson. HR 537. By Representative Long of the 142nd: A resolution commending Jamie Owens. FRIDAY, JANUARY 17, 1986 135 HR 538. By Representative Lord of the 107th: A resolution commending Richard Brantley. HR 539. By Representative Russell of the 64th: A resolution commending Tina Glass. HR 540. By Representative Rainey of the 135th: A resolution commending Julie Williford. HR 541. By Representative McDonald of the 12th: A resolution commending Tommy Vandiver. HR 542. By Representative McDonald of the 12th: A resolution commending Kevin Perry. HR 543. By Representatives Pannell of the 122nd, Kingston of the 125th, Hamilton of the 124th, Alien of the 127th, Mueller of the 126th and others: A resolution honoring the Georgia Hussars of Savannah, Georgia, on the occasion of its two hundred fiftieth anniversary. HR 544. By Representatives Colwell of the 4th, Hays of the 1st, Jackson of the 9th, Oliver of the 121st, Cox of the 141st and others: A resolution recognizing the Southern States Correctional Association on the occasion of its seventeenth anniversary and annual training conference. HR 545. By Representatives Cheeks of the 89th, Padgett of the 86th, Ransom of the 90th, Brown of the 88th, Connell of the 87th and others: A resolution honoring Dr. Norman B. Pursley. HR 546. By Representatives Dover of the llth, Twiggs of the 4th, Russell of the 64th, Barnett of the 10th, Coleman of the 118th and others: A resolution recognizing and designating February 12, 1986, as "Emergency Management Personnel Recognition Day." HR 547. By Representatives Logan of the 67th, Argo of the 68th, Clark of the 13th and Milford of the 13th: A resolution expressing regret at the passing of Ann Smith Jarrell. HR 548. By Representatives Logan of the 67th, Argo of the 68th, Clark of the 13th, Milford of the 13th, Beck of the 148th and others: A resolution recognizing Dr. Cameron Fincher. HR 549. By Representative Smith of the 16th: A resolution recognizing and commending West Rome High School. 136 JOURNAL OF THE HOUSE, HR 550. By Representative Adams of the 36th: A resolution recognizing and paying tribute to the mayors and municipal offi cers and employees of the state. HR 551. By Representative Oliver of the 121st: A resolution commending Dr. Curtis G. Hames. HR 552. By Representative Oliver of the 121st: A resolution commending Honorable Grady M. Rogers. HR 553. By Representative Hooks of the 116th: A resolution in memory of John Lee Barnum, Jr. HR 554. By Representative Hooks of the 116th: A resolution commending Mr. W. W. Ferguson. HR 555. By Representative Benn of the 38th: A resolution commending Dr. Nellie Ruth Wright Adams. HR 556. By Representative Murphy of the 18th: A resolution commending Trinity Furniture Shops, Inc. HR 557. By Representatives Alford of the 57th, Mangum of the 57th and Athon of the 57th: A resolution commending Jamey Estes. HR 558. By Representatives Alford of the 57th, Mangum of the 57th and Athon of the 57th: A resolution commending Scott Poole. HR 559. By Representatives Alford of the 57th, Mangum of the 57th and Athon of the 57th: A resolution commending Hal Harper. HR 560. By Representatives Alford of the 57th, Mangum of the 57th and Athon of the 57th: A resolution commending Tommy Crisp. HR 561. By Representatives Brooks of the 34th, Williams of the 54th, Childs of the 53rd, Steinberg of the 46th, Daugherty of the 33rd and others: A resolution recognizing the "Martin Luther King, Jr., Selma to Atlanta Relay" and the participants therein. HR 562. By Representatives Alford of the 57th, Mangum of the 57th and Athon of the 57th: A resolution commending Steve Reagin. FRIDAY, JANUARY 17, 1986 137 HR 563. By Representatives Alford of the 57th, Mangum of the 57th and Athon of the 57th: A resolution commending Gary Townsend. HR 564. By Representatives Alford of the 57th, Mangum of the 57th and Athon of the 57th: A resolution commending Brian Barren. The following communication from the Honorable Max Cleland, Secretary of State, was received and read: Secretary of State 214 State Capitol Atlanta 30334 January 17, 1986 The Honorable Glenn Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Mr. Ellard: I am transmitting to you herewith a certified list of those persons, who registered in the Docket of Legislative Appearance for the 1986 Regular Session the week of January 17, 1986, as of 3:00 p.m. this date. The list is numbered 1 through 478. With best wishes, I am Most sincerely, kl Max Cleland MC/am Attachment: Received by Glenn Ellard 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 1 through 478, who have registered in the Docket of Legislative Appearance as of January 17, 1986, 3:00 p.m., in accordance with Georgia Laws 1970, 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 17th day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-six and of the Independence of the United States of America the Two Hundred and Tenth. (SEAL) Is/ Max Cleland Secretary of State 138 JOURNAL OF THE HOUSE, 1986 SESSION REGISTRATION - DOCKET OF LEGISLATIVE APPEARANCE 1. Harold Stepherson Ethiopian Food Lobby 59 Forsyth Street, N.W. Atlanta, Georgia 30303 2. Philip E. Manners Paul Manners and Associate 2 Peachtree Street, N.W. Suite 1544 Atlanta, Georgia 30383 3. Yvette Robinson Ethiopian Food Lobby 59 Forsyth Street, N.W. Atlanta, Georgia 30303 4. John C. "Sonny" Royal Royal and Associates 376 Taft Street, S.W. Atlanta, Georgia 30315 5. Lorenzo Veal Royal and Associates 376 Taft Street, S.W. Atlanta, Georgia 30315 6. Anita Y. Griffey Ethiopian Food Lobby 59 Forsyth Street Atlanta, Georgia 30303 7. Charles E. Pace Ethiopian Food Lobby 741-A Dill Avenue, S.W. Atlanta, Georgia 30310 8. Dan Bishop Fraternal Order of Police P.O. Box 2661 Gainesville, Georgia 30503 9. Emily Warner Ethiopian Food Lobby 59 Forsyth Street Atlanta, Georgia 30303 10. JD Dennis Cobb Chamber of Commerce P.O. Box COBB Marietta, Georgia 30065-2429 12. John H. Thomas REGISTERED AGENT Ga. Burglar and Fire Alarm Assn. Fraternal Order of Police State Lodge Suite 6890 Peachtree Industrial Atlanta, Georgia 30360 13. Donald-Gordon Draves GASP Georgians Against Smoking Pollution 8967 Black Blufford Road, S.W. Cave Springs, Georgia 30124 14. J. Mitchell Elrod, Jr. American Marketing Assoc. Atlanta Chapter 1800 Peachtree Road, N.W. Suite 500 Atlanta, Georgia 30309 15. Margaret Black SELF 136 Marietta Street, N.W. Atlanta, Georgia 30303 16. Leslie Henry Turner III General Telephone & Electric Sprint 5025 Idlewood Drive Macon, Georgia 31210 17. Herb Reese Northside Atlanta Progress, Inc. 3277 Roswell Road, N.E. Suite 127 Atlanta, Georgia 30305 18. Stephen E. Janas Georgia Dental Association 2951 Flowers Road South Atlanta, Georgia 30340 19. Mark A. Fackler Georgia Credit Union Affiliates P.O. Box 95766 Atlanta, Georgia 30347 11. Arlin Roscoe Ewing Haralson County Industrial Development Corporation City Hall Building Waco, Georgia 30194 20. Harold Bevis Air Transport Assn. Hartsfield Atlanta International Airport Atlanta, Georgia 30320 FRIDAY, JANUARY 17, 1986 139 21. Clint G. Sweazea Air Transport Assn. Delta Airlines Atlanta Airport Atlanta, Georgia 30320 22. John W. Cox Georgia Association of Realtors, Inc. 3200 Presidential Drive Atlanta, Georgia 30340 23. Terry M. Nowell Police Benevolent Association of Georgia 223 W. College Avenue Tallahassee, FL 32301-7709 24. Don Cargill Business Council of Georgia 1280 South Omni International Atlanta, Georgia 30335 25. Andrew D. Downs Business Council of Georgia 1280 South Omni International Atlanta, Georgia 30335 26. G. Robert Kerr Georgia Conservance, Inc. Room 407 3110 Maple Drive Atlanta, Georgia 30305 27. Richard Rudolph Shaw Bethesda Temple Church, Inc. 208 First Avenue, N.E. Atlanta, Georgia 30317 28. John A. Molnar Union Carbide Corporation 17 Executive Park Drive Atlanta, Georgia 30329 29. Robert E. Woodard Petroleum Council of Ga. 230 Peachtree St., N.W. Suite 1500 Atlanta, Georgia 30303 30. W. Fred Blackmon Eli Lilly and Company 307 East McCarty Street Indianapolis, Indiana 46285 31. Bob Bullington United Transportation Union P.O. Box 80763 Chamblee, Georgia 30366 32. Laurence E. Sanders Georgians for Victim Justice 902 N. Isabella Street Sylvester, Georgia 31791 33. Harvey B. Yellin Georgians for Victim Justice P.O. Box 985 Valdosta, Georgia 31603 34. Donna F. Berwick State Bar of Georgia Fiduciary Section One Ravinia Drive Atlanta, Georgia 30346 35. John McKay Sheftall State Bar of Georgia Fiduciary Section 56 Perimeter Center East Atlanta, Georgia 30346 36. James R. Kanner State Bar of Georgia Fiduciary Section 1480 Equitable Building Atlanta, Georgia 30346 37. John E. Van Diver Police Benevolent Assn. of Georgia 824 S. Milledge Avenue Athens, Georgia 30605 38. James Purcell Alliance of American Insurance 235 Peachtree Street, N.E. Suite 1606 Atlanta, Georgia 30343 39. Rev. S. L. Harris Concerned Citizens of Atlanta 141 Harlan Road, S.W. Atlanta, Georgia 30311 40. Luke Livingston Sandoz Pharmaceutical Corp. 3307 Leeds Ways Duluth, Georgia 30136 41. Rachel B. Champagne REGISTERED AGENT Georgians for Victim Justice Metropolitan Atlanta Crime Commission 100 Edgewood Avenue, N.E. Room 128 Atlanta, Georgia 30303 42. Maureen M. Lok League of Women Voters of Ga. 3793 Raccoon Run Marietta, Georgia 30062 140 JOURNAL OF THE HOUSE, 43. Helen H. Craig League of Women Voters of Ga. 4430 Old Grogan Road Acworth, Georgia 30101 44. Freda R. Turner SELF 559 Jerry Steele Lane McDonough, Georgia 30253 45. Richard Cobb Petroleum Council of Georgia 230 Peachtree Street Suite 1400 Atlanta, Georgia 30303 46. Gayle Hughes Georgia Women's Forum 4654 Ruby Road Stone Mountain, Georgia 30083 47. David M. Hynes STOPAR P.O. Box 52656 Atlanta, Georgia 30355 48. Lin D. Pollard League of Women Voters of Ga. 1676 Fernleaf Circle Atlanta, Georgia 30318 49. Pamela E. West Georgians for Victim Justice Victim-Witness Assistance Unit DA's Office 30 Waddell Street Marietta, Georgia 30090-9646 50. Roy A. Hanson Metro Atlanta Crime Commission 100 Edgewood Avenue, N.E. Room 128 Atlanta, Georgia 30303 51. David J. Renkes GA Home Furnishings Assn. 14 C-l Atlanta Merchandise Mart Atlanta, Georgia 30303 52. Nettie Walraven CWA-Georgia Political Council 3516 Covington Highway Decatur, Georgia 30032 53. G. Wayne Johnson CWA-Georgia Political Council Box 2080 Stone Mountain, Georgia 30087 54. Virginia T. Fulton CWA-Ga. Political Council Box 2080 Stone Mountain, Georgia 30087 55. Sara F. Carney CWA-Georgia Political Council P.O. Box 2080 Stone Mountain, Georgia 30086 56. David Lee Prather CWA-Georgia Political Council 279 Logan Street, S.E. Atlanta, Georgia 30312 57. Susan R. Creel CWA-Georgia Political Council P.O. Box 2566 Columbus, Georgia 31902 58. Mary Craft Georgia EMC 148 International Blvd. Suite 845 Atlanta, Georgia 30043 59. David R. Swain Georgia EMC 148 International Blvd. Suite 845 Atlanta, Georgia 30043 60. Bert Fridlin REGISTERED AGENT National Federation of Independent Business Automotive Service Councils of Ga. Printing Association of Ga. Satellite TV Dealers Assn. of Ga. 1447 Peachtree Street, N.E. Suite 804 Atlanta, Georgia 30309 61. Richard J. Burrell Household International 981 Guys Court Lilburn, Georgia 30247 62. Donald E. Tefft AARP 125 Fortuna Court Roswell, Georgia 30075 63. Maynard Mobley AARP 5332 Orchard Place Lake City, Georgia 30260 64. Donna M. McLarin Georgia Electric Membership Corp. Route 3, Box 365 Fairburn, Georgia 30213 FRIDAY, JANUARY 17, 1986 141 65. Lee Richardson ABATE of Georgia, Inc. P.O. Box 313 Monroe, Georgia 30655 66. Debi Anne Villines Georgia Nurses Association 4253 English Oak Drive Doraville, Georgia 30340 67. Esther Kirk Eddy Auditory Educational Clinic, Inc. 3016 Lanier Drive Atlanta, Georgia 30319 68. Daniel P. Starnes Council for Children, Inc. 100 Edgewood Avenue, N.E. Suite 1008 Atlanta, Georgia 30303 69. Ron Byrd USV Laboratories Route 9, Box 239-A Ringgold, Georgia 30736 70. James M. Christian CIBA-GEIBY Corporation 4439 Shelbourne Drive Dunwoody, Georgia 30338 71. Bill McBrayer REGISTERED AGENT Georgia Retail Association Opticians Association of Georgia Georgia Chain Drug Council 100 Edgewood Avenue, N.E. Suite 1804 Atlanta, Georgia 30303 72. Lita Menkin Clients of Senior Citizens Advocacy Project 151 Spring Street, N.W. Atlanta, Georgia 30335 73. Debbie Dodson Hayes William H. Rorer, Inc. 651 Old Canton Road Marietta, Georgia 30067 74. Robert Margolin Syntex Laboratories P.O. Box 147 Tucker, Georgia 30085 75. James W. McAllister City School Systems of Ga. PAGE 303 Waverly Way LaGrange, Georgia 30240 76. Jack K. Acree PAGE 3700 B. Market Street Clarkston, Georgia 30021 77. Tom Boiler Georgia Power P.O. Box 4545 Atlanta, Georgia 30302 78. Linda G. Edmonds Georgia Optometric Assn. 4289 Memorial Drive, Suite J Decatur, Georgia 30032 79. Mary Frances Williams Child Service and Family Counseling Center, Inc. 1105 West Peachtree St., N.E. Atlanta, Georgia 30309 80. Catherine M. Alexander Georgia Association of Home Health Agencies 6666 Powers Ferry Road Atlanta, Georgia 30339 81. Barbara M. Disque Fulton County Commission 1740 Doncaster Drive, N.E. Atlanta, Georgia 30309 82. Kelvin F. MacDonald Georgia Right to Life Comm., Inc. 8270 Dawn Drive Jonesboro, Georgia 30236 83. Sue Ella Deadwyler Georgia Women's Forum 4168 Rue Antoinette Stone Mountain, Ga. 30083 84. Gwen B. Metzger Georgia Women's Forum 2550 Brookdale Drive, N.W. Atlanta, Georgia 30305 85. P. Lavoy Johnson REGISTERED AGENT Citizens United for Research and Education Ga. Assn. of Christian Schools 1074 Rock Chapel Road Lithonia, Georgia 30058 142 JOURNAL OF THE HOUSE, 86. Ellen A. Rhoades Auditory Education Clinic 3016 Lanier Drive, N.E. Atlanta, Georgia 30319 87. Dr. Charles LeChasney Executive Advisory, Inc. 145 Elizabeth St., N.E. Atlanta, Georgia 30307 88. Sue Thore-Jones, R.R.A. Georgia Medical Records Assoc. c/o Shepherd Spinal Center 2020 Peachtree Rd., N.W. Atlanta, Georgia 30309 89. Jill Finsen American Asso. of Retired Persons 1909 K Street, N.W. Washington, D.C. 20049 90. Martha T. Eaves American Assoc. of Retired Persons 988 Milstead Avenue Conyers, Georgia 30207 91. Kathleen Mary Tomlin Christian Council of Metropolitan Atlanta 465 Boulevard Street, S.E. Suite 101 Atlanta, Georgia 30310 92. Carlton Wesley Dobbs Omega Alpha Youth Org/ Foundation 3481 Durden Drive Atlanta, Georgia 30319 93. Joyce Carter Independent Insurance Agents of Georgia P.O. Box 48386 Atlanta, Georgia 30362 94. F. Thomas Longerbeam Motor Vehicle Manufacturers Assoc. of the U. S., Inc. 5 Dunwoody Park, Suite 113 Atlanta, Georgia 30338 95. Gary H. Martin Police Benevolent Assn. of Georgia 223 W. College Avenue Tallahassee, Florida 32301 96. James R. Loyd Georgia Tire Dealers and Retreaders Assn. 300 W. Wieuca Road, N.E. #115 Atlanta, Georgia 30342 97. Hila Stonebreaker Georgia State Employees Assn. 501 Pulliam Street, S.W. #535 Atlanta, Georgia 30312 98. Skip Yow Georgia School Boards Assn. 1240 Atkinson Road Lawrenceville, Georgia 30245 99. Gary Ashley Georgia School Boards Assn. 1240 Atkinson Road Lawrenceville, Georgia 30245 100. Thomas G. Cook Georgia Pharmaceutical Assn. 2520 Carroll Avenue Atlanta, Georgia 30341 101. Linda DiSantis Georgia Conservancy 3110 Maple Drive, Suite 407 Atlanta, Georgia 30305 102. Georgianne B. Bearden PAGE 3700 B Market Street Clarkston, Georgia 30021 103. Judy C. Bradley PAGE 3700 B Market Street Clarkston, Georgia 30021 104. Jacquelyn M. Andrews Christians Against Hunger in Georgia, Inc. 201 Washington Street, S.W. Atlanta, Georgia 30303 105. Demetrius Mazacoufa Georgia Nurses Association 1401 Peachtree St., Suite 238 Atlanta, Georgia 30309 106. Henry R. Bauer, Jr. Fulton County 1500 Peachtree Center, Harris Tower 233 Peachtree St., N.E. Atlanta, Georgia 30303 107. Sewell Kip Loggins Business Council of Georgia 950 Equitable Building Atlanta, Georgia 30303 FRIDAY, JANUARY 17, 1986 143 108. Carol Grant Muldawer City of Atlanta Mayor's Office 68 Mitchell Street Atlanta, Georgia 30327 109. C. Robert Smith Georgia Association of Assessing Officials 6754 Broad Street Douglasville, Georgia 30134 110. Jack Wolcott Collins Christian Science Committee 534 Medlock Road, Room 108 Decatur, Georgia 30030 111. John R. Keys Atlanta Chamber of Commerce 1300 South Omni International Atlanta, Georgia 30301 112. Dr. J.C. Mullis Georgia Retired Teachers Assn. 824 South Milledge Avenue Athens, Georgia 30605 113. Cobina Orloff League of Women Voters 1889 Hallford Court Dunwoody, Georgia 30338 114. Duke Ellington Apartment Owners and Managers Assoc. 5600 Roswell Road Suite 360-N Atlanta, Georgia 30342 115. Henry E. Midura Alzheimer's Disease and Related Disorders Assn. Inc. 1817 Clifton Road, N.E. Atlanta, Georgia 30329 116. Doris C. VanHoozer Alzheimer's Disease and Related Disorders Assn. Inc. 1817 Clifton Road, N.E. Atlanta, Georgia 30329 118. Dr. J. David Alien Georgia Dental Association 5243 Snapfinger Woods Drive Decatur, Georgia 30035 119. Charlotte Wilen REGISTERED AGENT Continuum March of Dimes 1447 Peachtree St., N.E. Atlanta, Georgia 30309 120. 'Carroll A. Lindseth League of Women Voters of Ga. 100 Edgewood Ave., Suite 1010 Atlanta, Georgia 30303 121. Theresa Ann Sipe American College of Nurse-Midwives 4873 Scotts Mill Way Duluth, Georgia 30136 122. Jim Welsh Fulton County Board of Education 786 Cleveland Avenue, S.W. Atlanta, Georgia 123. Robert E. Simmons Fayette County Chamber of Commerce P.O. Box 276 Fayetteville, Georgia 30214 124. H. M. Fulbright G.A.E.L. Box 828 Carrollton, Georgia 30117 125. Gigi Leverette GTE Sprint Communications 875 Douglas Road Atlanta, Georgia 30342 126. Sherry Norris Professional Assoc. of Ga. Educators 2984 Mt. Zion Road Jonesboro, Georgia 30236 117. Stewart Acuff Georgia State Employees Assoc. Local 1985 501 Pucciam St., S.W. Atlanta, Georgia 30312 127. Erik L. Peterson Georgia Right to Life Committee, Inc. P.O. Box 91256 Atlanta, Georgia 30364 144 JOURNAL OF THE HOUSE, 128. John M. Willis REGISTERED AGENT Informed Health Care Assn. of of Georgia, Inc. National Atlanta Chapter, National Health Federation Georgia Women's Coalition for Medical Freedom, Inc. Georgia State Association of Naturopathic Physicians Sevananda Natural Foods Cooperative Universal Life Church, The Healing Order, Atlanta Chapter SELF 4505 Salem Road Covington, Georgia 30209 129. D. S. Harris Atlanta Taxi Group 3723 Chateauguay Drive Decatur, Georgia 30024 130. Marguerite H. Battle Douglas County Assoc. of Educators 1579 Dorris Road Douglasville, Georgia 30134 131. Kevin Gene Hughley Clearinghouse on Georgia Prisons and Jails P.O. Box 437 Atlanta, Georgia 30301 132. Gibson Dean II Gwinnett County P.O. Box 939 Buford, Georgia 30518 133. Bonnie B. Engle Ga. Council on Child Abuse 250 Georgia Avenue, #203 Atlanta, Georgia 30312 134. Richard J. Holder Fulton County Board of Education 786 Cleveland Avenue, S.W. Atlanta, Georgia 30315 135. Wayne Bryan AAA-Georgia Motor Club 1100 Spring Street Atlanta, Georgia 30367 136. Judith S. Davis League of Women Voters of Georgia 100 Edgewood Avenue, N.E. Suite 1010 Atlanta, Georgia 30303 137. William J. Shortt Johnson and Johnson P.O. Box 2537 Gainesville, Georgia 30503 138. Vita R. Ostrander American Assoc. of Retired Persons 1839 Mt. Royal Drive, N.E. Atlanta, Georgia 30329 139. Jack G. Charlesworth REGISTERED AGENT National Auto Auction Assoc. Georgia Independent Auto Dealers Assoc. 1400 Lake Hearn Road Atlanta, Georgia 30319 140. Jim Williams Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035 141. Bob Short REGISTERED AGENT Hospital Corporation of America HCA Health Plans, Inc. Bob Short and Associates 1456 Stratfield Circle Atlanta, Georgia 30319 142. Herman L. Moore Georgia-Pacific Corporation P. 0. Box 105605 Atlanta, Georgia 30348 143. Charles H. Lindsey Ga. Telephone Assoc. 1900 Century Blvd. Atlanta, Georgia 30345 144. Earl Ehrhart Georgians for Victim Justice 1361 Mclntosh Road Douglasville, Georgia 30134 145. Jerry Hill Amoco Companies 6 Executive Park Atlanta, Georgia 30302 146. Barbara B. Howard Professional Assoc. of Educators 3700 B Market Street Clarkston, Georgia 30021 FRIDAY, JANUARY 17, 1986 145 147. Julius M. Lennard, Jr. Grand Jurors Assoc. of Fulton County 111 Huntington Road, N.E. Atlanta, Georgia 30309 148. Kent Lawrence Business Council of Georgia 1280 S. Omni International Atlanta, Georgia 30335 149. Robert D. Sumner REGISTERED AGENT Business Council of Georgia Georgia Small Business Assn. Georgia Self Insurers Assn. 1280 S. Omni International Atlanta, Georgia 30335 150. Donald T. Browne REGISTERED AGENT First Atlanta Corporation First Nat'1 Bank of Atlanta Financial Life Ins. Co. of Ga. First Atlanta Mortgage #2 Peachtree Street Atlanta, Georgia 30383 151. Connie B. Plunkett Georgia Citizens for the Arts 1404 Spring Street Atlanta, Georgia 30309 152. Peter L. Banks REGISTERED AGENT Amarada Hess Corporation ARA Services, Inc. Cobb Developers Association Humana Inc. Kiser Permanente Medical Plan of Georgia, Inc Miller Brewing Company Mortgage Banks Assn. of Ga. Georgia Assn. of HMD's Suite 450, 975 Johnson Ferry Road Atlanta, Georgia 30342 153. Tom Keating REGISTERED AGENT Atlanta Public Schools Georgia Assoc. of Elementary School Principals P.O. Box 25 Decatur, Georgia 154. Steve McWilliams REGISTERED AGENT Georgia Mining Assoc. Georgia Concrete and Products Assoc. 205-D 4151 Memorial Drive Decatur, Georgia 30032 155. Joseph R. Parrott, Jr. ITT Rayonier 5526-D Old National Hwy. College Park, Georgia 30349 156. W. J. B. Ball, Jr. First Georgia Bank P.O. Box 1700 Atlanta, Georgia 30370 157. Wayne W. Oliver REGISTERED AGENT Ga. Society of Radiologic Technology Ga. Podiatric Medical Assoc. Ga. Speech & Hearing Assoc. P.O. Box 952 Stone Mountain, Georgia 30086 158. Connell Stafford The Coca Cola Company P.O. Drawer 1734 Atlanta, Georgia 30301 159. Lauren C. Steele The Coca Cola Company P.O. Drawer 1734 Atlanta, Georgia 30301 160. Earl T. Leonard, Jr. The Coca Cola Company P.O. Drawer 1734 Atlanta, Georgia 30301 161. Georgia Ann Hoffman Georgia Federation of Women's Clubs 797 San Miguel Drive Stone Mountain, Ga. 30083 162. Gail Buckner REGISTERED AGENT Georgia Missing and Abused Children's Network Clayton County Council of PTA's 1262 Trahlyta Terrace Lake City, Georgia 30260 163. Judy Taylor REGISTERED AGENT Georgia Missing and Abused Children's Network Clayton County Council of PTA's 6910 Doncaster Road Jonesboro, Georgia 30236 146 JOURNAL OF THE HOUSE, 164. Everett Gill Christians Against Hunger in Georgia 201 Washington Street, N.W. Atlanta, Georgia 30303 165. George E. Beveridge American Assoc. of Retired Persons 1886 Bedfordshire Court Decatur, Georgia 30033 166. Robert L. Pound American Assoc. of Retired Persons 6115 Courtside Drive, N.W. Norcross, Georgia 30092 167. John A. Helms Life Insurance Company of Ga. 5780 Powers Ferry Road, N.W. Atlanta, Georgia 30327 168. Nannie H. McCormick American Assoc. of Retired Persons 1843 Oakmont Drive, N.W. Atlanta, Georgia 30314 169. Fred W. Bell American Assoc. of Retired Persons 2940 Tejas Trail, S.W. Atlanta, Georgia 30331 170. Marbury Taylor Stegall Georgia Nurses Assoc. 62-Spruce Street, N.E. Atlanta, Georgia 171. Richard "Scrap" Wheeler Fulton County Board of Education 786 Cleveland Avenue, S.W. Atlanta, Georgia 30315 172. Julian Hester Community Bankers Assoc. of Georgia, Inc. 700 Pharr Center 550 Pharr Road Atlanta, Georgia 30523 173. Jim Groome REGISTERED AGENT China Clay Producers, Assoc. Mead Corporation 4151 Memorial Drive Decatur, Georgia 30032 174. Glenn Newsome Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035 175. J.R. Cullens REGISTERED AGENT G. Heidleman Company Ga. Bar Association Ga. Trial Lawyer Assn. Glenmore Distilleries Co. Viking Distillery Barton Brands of Ga. Monarch Wine Company Slick Enterprises Inc. First National Bank Georgia Horse Foundation Mr. Agency of Georgia Etowah, Ridges P.O. Box 326 Cartersville, Georgia 30120 176. Aubrey T. Villines, Jr. REGISTERED AGENT Ga. Chiropractic Assn. Ga. Assn. for Marriage and Family Therapy Ga. Chapter of Social Workers Ga. Assn. for Counseling and Development Ga. Trial Lawyers Assn. Inc. River Valley Home Health, Inc. 1260 S. Omni International Atlanta, Georgia 30303 177. Newell "Buddy" Yarborough, Jr. Georgia Hospital Association NXNW Office Park Atlanta, Georgia 30339 178. Mary Ann Blackwood League of Women Voters 3069 Rhodenhaven, Dr., N.W. Atlanta, Georgia 30327 179. Frances B. Parham League of Women Voters 2622 Birchwood Drive, N.E. Atlanta, Georgia 30305 180. Barbera Greeson League of Women Voters 3800 Ridge Road Smyrna, Georgia 30080 181. Judith Rhea Cox REGISTERED AGENT Georgia Right to Life Georgia Women's Forum Moral Concerns Committee 2360 Spring Creek Road Decatur, Georgia 30033 FRIDAY, JANUARY 17, 1986 147 182. Evelyn Johnson REGISTERED AGENT Georgia Women's Forum Moral Concern Committee 2025 Peachtree N.E. #1540 Atlanta, Georgia 183. Joyce Bailey REGISTERED AGENT Georgia Women's Forum Moral Concern Committee 380 Rountree Road Riverdale, Georgia 30274 184. Harriett P. Smith REGISTERED AGENT Georgia Women's Forum Moral Concern Committee 1951 Goode Road Conyers, Georgia 30208 185. Nancy S. Schaefer REGISTERED AGENT Moral Concerns Committee Georgia Women's Forum 4175 Harrogate Drive Atlanta, Georgia 30327 186. Robert L. Porter Independent Businessman P.O. Box 2045 Decatur, Georgia 30031 187. Dorothy I. Pair REGISTERED AGENT Moral Concern Committee Ex-Military Wives Org. 1669 Sylvester Circle, S.E. Atlanta, Georgia 30316 188. George G. Thompson Gwinnett County Public Schools 52 Gwinnett Drive Lawrenceville, Georgia 30247 189. H. S. (Sid) Linton General Telephone Co. of the South (GTE) 1640 Powers Ferry Road Building 18, Suite 320 Atlanta, Georgia 30067 190. R. Rudolph Underwood Georgia Farm Bureau P.O. Box 7068 Macon, Georgia 31298 191. Gary P. Fowler Ga. Branch Assn. General Contractors of America, Inc. 147 Harris Street, N.W. Atlanta, Georgia 30313 191. Ron E. Widener Georgia Independent Automobile Dealers Assn., Inc. 609 Princess Circle Lithia Springs, Georgia 30057 192. Julianna Haliburton Georgia Electric Membership Corporation 148 International Blvd. Atlanta, Georgia 30043 193. Gerald N. Brunson Merck, Sharp and Dohme 4940 Windhaven Court Atlanta, Georgia 30338 194. Virginia deZerne Downes Citizen 4758 North Springs Road Kennesaw, Georgia 30144 195. Mrs. Ida Wood AARP 934 Gilbert Street, S.E. Atlanta, Georgia 30316 196. Tommy Dye Amalgamated Transit Union Local 732 250 Tenth Street Atlanta, Georgia 30309 197. William Thomas Divine, Jr. The Viking Distillery, Inc. 600 N. Jackson Street Albany, Georgia 31701 198. Leondus S. Brown Georgia Forestry Association 40 Marietta Street, Suite 1020 Atlanta, Georgia 30303 199. Susan Twilley Cobb Chamber of Commerce P.O. Box COBB Marietta, Georgia 30065 200. Wilma Grant Hipps Georgians for Better Transportation P.O. Box 81365 Chamblee, Georgia 30366 201. Arthur J. Must, Jr. Common Cause 119 E. Court Square Decatur, Georgia 30030 148 JOURNAL OF THE HOUSE, 202. Scott Mall Miller Brewing Company 2849 Paces Ferry Road Suite 770 Atlanta, Georgia 30339 203. T. Rogers Wade REGISTERED AGENT Lockheed Corporation Rockwell-Missile Division American Family Group Watkins Motor Lines Cross Systems Ginn, Edington, Moore & Wade 100 Galleria Parkway Suite 400 Atlanta, Georgia 30339 204. Francis J. Mulcahy Life Insurance Company of Ga. 5780 Powers Ferry Road Atlanta, Georgia 30327 205. Margaret Webb Georgia Women's Political Caucus P.O. Box 7051 Atlanta, Georgia 206. Kenneth W. Shelley Great Southern Paper Company P.O. Box 44 Cedar Springs, Georgia 31732 207. H. Glenn Anthony Georgia Forestry Association 40 Marietta Street, N.W. Suite 1020 Atlanta, Georgia 30303 208. Suzanne C. Grace Georgia Day Care Association 920 Green Street Conyers, Georgia 30207 209. Lynn White Georgia Day Care Assn. 920 Green Street Conyers, Georgia 30207 210. Virgil T. Smith Life Chiropractic College P.O. Box 1471 Dalton, Georgia 30720 211. Joseph E. Sloan General Motors Corporation 5730 Glenridge Drive, N.E. Atlanta, Georgia 30328 212. Linda S. Lowe REGISTERED AGENT Clients of Ga. Legal Services Continuum 133 Luckie Street Atlanta, Georgia 30303 213. Ellen B. Coody Georgia Vocational Association Suite 3506 35 Executive Park Drive, N.E. Atlanta, Georgia 30329 214. Franklin Shumake PAGE 10 Tallulah Lane Tallulah Falls, Georgia 30573 215. Mary M. Boyert Georgia Right to Life Committee, Inc. P.O. Box 81474 Atlanta, Georgia 30366 216. Thomas R. Anderson REGISTERED AGENT First Data Resources, Inc. Dept. of Human Resources 3300 N.E. Expressway Atlanta, Georgia 30301 217. Murphy C. Miller Hospital Corp. of America 18 Perimeter Park, Suite 100 Atlanta, Georgia 30341 218. Vicki Breman OSHA/Environmental Network P.O. Box 1913 Atlanta, Georgia 30301 219. Dennis Hoffarth SELF 152 Flora Avenue, N.E. Atlanta, Georgia 30307 220. Robert Patterson Kennedy, Jr. International Cultural Center 268 Rumson Road, N.E. Atlanta, Georgia 30305 221. William S. Jackson Community Banker 1331 Reynolds Street Augusta, Georgia 30902 222. H. Paul Womack, Jr. REGISTERED AGENT H. Paul Womack and Assoc. Georgians Against Fireworks DeKalb Co. Bd. of Education 1884 Mercedes Court, N.E. Atlanta, Georgia 30345 FRIDAY, JANUARY 17, 1986 149 223. Stephen P. Georgeson REGISTERED AGENT Sears Georgia Retail Assn. 675 Ponce de Leon Avenue Atlanta, Georgia 30395 224. William Alexander REGISTERED AGENT City of Atlanta City of Savannah 1195 Lenox Circle, N.E. Atlanta, Georgia 30306 225. Lansing B. Lee, III REGISTERED AGENT Lokey & Bowden, Attorneys Gambrell Investments Suite 2500, Tower Place Atlanta, Georgia 30026 226. Cheatham E. Hodges, Jr. REGISTERED AGENT Assoc. of Private Colleges and Universities in Ga. Georgia Catholic Conference 3200 Deans Bridge Road Augusta, Georgia 30906 227. Marty Benton Peachstate Assoc. of Christian Schools P.O. Box 724444 Atlanta, Georgia 30339 228. E. B. Topmiller Georgia Sport Shooting Assn. P.O. Box 9748 Atlanta, Georgia 30319 229. Robert P. Schmitz Hermione Weil Alexander Committee to Combat Drugged and Drunk Driving 207 E. Wesley Road, N.E. Atlanta, Georgia 30305 230. Richard P. Moore Atlanta Gas Light Company P.O. Box 4569 Atlanta, Georgia 30302 231. Thomas H. Benson Atlanta Gas Light Company P.O. Box 4569 Atlanta, Georgia 30302 232. Don Cargill Atlanta Gas Light Company P.O. Box 4569 Atlanta, Georgia 30302 233. Lyn Paddrik Ga. Beer Wholesalers Assn. 3015 Piedmont Road Atlanta, Georgia 30305 234. Fred B. Kitchens, Jr. Wine & Spirits Wholesalers of Georgia Six Piedmont Center #414 3525 Piedmont Road, N.E. Atlanta, Georgia 30305 235. Bonnie F. Harris Georgia Assn. of Educators 3951 Snapfinger Pkwy. Decatur, Georgia 30035 236. Roberts O. Bennett Georgia Legal Services Program (Clients of) 18 Fourth Street, N.W. Atlanta, Georgia 30308 237. Albert "Mickey" Ward Ga. Assn. of Physician Assistants 23 Kensington Road Avondale Estates, GA 30002 238. M. Randolph Bundschu Ga. Assn. of Physician Assistants 542 Lake Michele Court Stone Mountain, Georgia 30088 239. Carl M. Toney Ga. Assn. of Physician Assistants 886-D White Pine Drive Decatur, Georgia 30032 240. Charlotte York SELF 4900 Central Drive #99 Stone Mountain, Georgia 30083 241. Doyle Moulder SELF 6515 Peacock Boulevard Morrow, Georgia 30260 242. Hillman J. Toombs SELF 4330 Valley Lk. Terrace College Park, Georgia 30349 243. Tom Brewer SELF 1860 McDaniel Mill Road Conyers, Georgia 30207 150 JOURNAL OF THE HOUSE, 244. Ashton L. Hayes SELF 3430 Velma Drive Powder Springs, Georgia 30073 245. J. Swanton Davis REGISTERED AGENT SELF Georgia State 222 Mitchell Street Atlanta, Georgia 30302 246. Douglas R. Edmonson SELF 313 Orchard Road Rex, Georgia 30273 247. Larry C. Linker SELF 8591 Timberlane Drive Douglasville, Georgia 30134 248. Peggy Calhoun Georgia Easter Seal Society 1900 Emery Street, Suite 106 Atlanta, Georgia 30318 249. S. Holly Bates Bates Associates 161 Spring Street #812 Atlanta, Georgia 30303 250. Donald D'Errico Cardinal Industries, Inc. 4601 Welcome All Road College Park, Georgia 30349 251. Allison A. Wood Business Council of Georgia 1280 S. Omni International Atlanta, Georgia 30335 252. Joe F. Ragland Columbus Chamber of Commerce P.O. Box 1200 Columbus, Georgia 31902 253. Charles A. Wollmer Common Cause 1971 Clairmeade Avenue Atlanta, Georgia 30329 254. Richard Guthman, Jr. National Bank of Georgia 34 Peachtree Street Atlanta, Georgia 30303 255. Mary E. Hodges REGISTERED AGENT The Physical Therapy Assoc. of Georgia The Hodges Corporation Suite 2129, First Atlanta Tower Atlanta, Georgia 30383 256. David L. Alexander L.F. Rothschild, Unterberg, Towbin, Inc. One Penn Plaza New York, N.Y. 10119 257. General L. M. Smoot United Way of Metropolitan Atlanta, Inc. 100 Edgewood Avenue P.O. Box 2692 Atlanta, Georgia 30371 258. O'Lester J. Kinard Labor/Mental Health 20 Mockingbird Circle Rome, Georgia 30161 259. Eudora Rodgers REGISTERED AGENT Bureau of Wholesale Sales Representatives League of Women Voters of Atlanta-Fulton County 1718 Peachtree St., N.W. Atlanta, Georgia 30309 260. Bill Verner Georgia Electric Membership Corporation 148 Int'l Boulevard #845 Atlanta, Georgia 30043 261. Sherry Schulman SELF 556 N. McDonough Street Decatur, Georgia 30030 262. Earl T. Shinhoster National Assn. for the Advancement of Colored People (NAACP) 970 M.L.K., Jr. Drive, S.W. Atlanta, Georgia 30314 263. Joe H. McKenzie, Jr. Englehard Corporation P.O. Box 37 Gordon, Georgia 31031 264. Priscilla Woolley Georgia Assn. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035 FRIDAY, JANUARY 17, 1986 151 265. James E. Bellinger, III, PA-C REGISTERED AGENT Georgia Assoc. of Physician Assistants American Academy of Physician Assistants 1260 Renee Drive Decatur, Georgia 30035 266. Jeff Bickerstaff American Family Life 1821 Iris Drive Columbus, Georgia 31906 267. John S. Martin, III Southern Bell 346-125 Perimeter Center West Atlanta, Georgia 30346 268. M.C. Peterson Oilman Paper Company Box 878 St. Marys, Georgia 31558 269. Cherry Clements SELF 857 Barton Woods Road, N.E. Atlanta, Georgia 30307 270. John T. Mitchell Mercer University 1400 Coleman Street Macon, Georgia 271. James M. Shearer REGISTERED AGENT Druid Hills Civic Assoc. Parkwood Garden Club 124 Parkwood Lane Decatur, Georgia 30030 272. Mrs. James M. Shearer (Dot) REGISTERED AGENT Druid Hills Civic Assoc. Parkwood Garden Club 124 Parkwood Lane Decatur, Georgia 30030 273. Neill Herring REGISTERED AGENT Ga. Association of Railroad Passengers Campaign for a Prosperous Ga. 983 Park Place Macon, Georgia 31201 274. Thomas E. Stewart Amalgamated Transit Union Local 732 250 Tenth Street, N.E. #208 Atlanta, Georgia 30309 275. W. W. Whitton International Assn. of Machinists and Aerospace Workers Local 709 Route 1, Box 421 Bremen, Georgia 30110 276. Harold W. Berryman International Assn. of Machinists and Aerospace Workers Local 709 6529 Maivin Drive Austell, Georgia 30001 277. Carl Mason International Assn. of Machinists and Aerospace Workers Local 709 3790 Brookway Atlanta, Georgia 30331 278. Earl Dean Rector International Assn. of Machinists and Aerospace Workers Local 709 94 Olive Circle Marietta, Georgia 30060 279. Norris Callier, Jr. Amalgamated Transit Union Local 732 250 10th St., N.E. Suite 208 Atlanta, Georgia 30309 280. Brian Sherman NAACP - Atlanta Branch 1190 Fairburn Road Atlanta, Georgia 30331 281. Carol M. Robinson NAACP - Atlanta Branch 1190 Fairburn Road Atlanta, Georgia 30331 282. Edmund C. Martin Ga. School Food Service Assn. RFD 2, Box 242 Gainesville, Georgia 30501 283. Linda Herren SELF 1517 Fairview Road, N.E. Atlanta, Georgia 30306 284. Abit Massey Ga. Poultry Federation P.O. Box 763 Gainesville, Georgia 30503 152 JOURNAL OF THE HOUSE, 285. Cheri Villines DeKalb Child Sexual Abuse Task Force 3596 Sandy Woods Lane Stone Mountain, Georgia 30083 286. Jack Boozer Druid Hills Civic Association Dept. of Religion Emory University Atlanta, Georgia 30329 287. Michael Fowler Medical Assoc. of Georgia 938 Peachtree Street Atlanta, Georgia 30309 288. G. Scott Johnson Exxon Corporation P.O. Box 60626 New Orleans, LA 70160 289. Wilton Hill Ga. School Bus Driver's Assn. Box 158 Reidsville, Georgia 30453 290. J. David Porter REGISTERED AGENT Ga. State University Young Democrats Young Democrats of DeKalb Co. Young Democrats of Georgia College Young Democrats of America 511 Susan Creek Drive Stone Mountain, Georgia 30083 291. Harry Wilson Ga. Federation of Teachers, A.F.T., AFL-CIO 6065 Roswell Road, N.E. #722 Atlanta, Georgia 30328 292. Mathew Foster Amalgamated Transit Union Local 732 250 Tenth Street, N.E. Atlanta, Georgia 30309 293. Preston M. Collins Southern Bell Telephone Co. 125 Perimeter Center, West Atlanta, Georgia 30346 294. John E. Rollins REGISTERED AGENT Citicorp Person to Person, Inc. Citicorp Acceptance Corp. Family Guardian Insurance 1 Tampa City Center Suite 2201 Tampa, FL 33602 295. Charlotte Gattis Ga. Manufactured Housing Assn. 1000 Circle 75 Pkwy. #060 Atlanta, Georgia 30339 296. G. L. Bowen, III Georgia Textile Manufacturers Assoc., Inc. 34 Peachtree St., Suite 2640 Atlanta, Georgia 30303 297. Monty M. Veazey REGISTERED AGENT Georgia Not for Profit Hospitals, Inc. 3 M Company TSN, Inc. P.O. Box 1572 Tifton, Georgia 31793 298. William F. Morie REGISTERED AGENT Ga. Automobile Dealers Assn. Ga. Highway Users TSN, Inc. 4000 Cumberland Pkwy, 900A Atlanta, Georgia 30339 299. Heather Gray Georgia Clearinghouse on Prisons & Jails P.O. Box 437 Atlanta, Georgia 30301 300. R. L. Brantley Georgia Power Company 333 Piedmont Avenue Atlanta, Georgia 30302 301. Bryce Holcomb Ga. Soft Drink Assn. 2508 Carroll Ave., Suite 104 Chamblee, Georgia 30341 302. Jim Gray REGISTERED AGENT Grady Memorial Hospital Tobacco Institute Ga. Liability Crisis Coalition 229 Peachtree St., Sta. 1600 Atlanta, Georgia 30303 303. Charles Graves 3 M Company 300 N. 5th Ave., Suite IB Rome, Georgia 30161 FRIDAY, JANUARY 17, 1986 153 304. J. Griffin Doyle Fort Howard Paper Company P.O. Box 828 Rincon, Georgia 31326 305. H. M. (Bo) Tinsley Ga. St. Council of Machinists 504 Lake Drive Hapeville, Georgia 30354 306. James M. Griffith Georgia Power Company Box 4545 Atlanta, Georgia 30302 307. Ann Wells White REGISTERED AGENT 145 15th Street, N.E. Atlanta, Georgia 30361 308. Jack H. Smith, III Georgians for Horse Racing P.O. Box 52903 Atlanta, Georgia 30355 309. Brian R. Foster C & S Georgia Corporation P.O. Box 4899 Atlanta, Georgia 30302 310. Sarah M. Hogsette Life of Georgia 5780 Powers Ferry Road Atlanta, Georgia 30327 311. Cecil S. Nash A.A.R.P. 2149 New London Place Snellville, Georgia 30278 312. Rosalie FitzPatrick League of Women Voters of Ga. 100 Edgewood Ave., N.E. Atlanta, Georgia 30303 313. Samuel L. Dumas Georgia Power Company P.O. Box 4545 Atlanta, Georgia 30302 314. Luke R. Lassiter Nat. Assn. of Independent Insurers 106 Pine Crest Drive Cumming. Georgia 30130 315. Percy Marchman Ga. Assoc. of Property and Casualty Insurance Co. 1746 Northeast Expressway Suite 200 Atlanta, Georgia 316. June Devereux A.A.R.P. 2092 McDuffie Road Austell, Georgia 30001 317. Dorothy P. Spence Georgia Assn. American Institute of Architects 1197 Peachtree St., N.E. Atlanta, Georgia 30361 318. Sam W. Doss, Jr. Federation of Ga. Hospitals P.O. Box 431 Rome, Georgia 30101 319. Johnnie J. Jones, President Fort Valley State College National Alumni Assoc. 3053 Corbin Avenue Decatur, Georgia 30034 320. John A. Blackmon REGISTERED AGENT Citicorp and Affiliates Ga. Automobile Dealers Assn. Atlanta Convention and Visitors Bureau Ga. Hospitality & Travel Assn. American Family Life Assurance Company of Columbus Steak and Ale Restaurant Corp. A. E. Staley Manuf. Co., Inc. Metro Atlanta Auto. Dealers Assn. Thoroughbreed Owners and Breeders Assoc. of Ga. 2400 First Atlanta Tower Atlanta, Georgia 30383 321. Bobbie Paul Parks, Historic Districts 227 Elizabeth St., N.E. Atlanta, Georgia 30307 322. Dean Copeland Atlanta Chamber of Commerce 35 Broad Street Atlanta, Georgia 30335 323. Connie Graves, R.N. Georgia Nurses Assoc. 1362 W. Peachtree St., N.W. Atlanta, Georgia 30309 324. Raymond C. Taylor Brotherhood of Locomotive Engineers 6248 Birling Drive Columbus, Georgia 31909 154 JOURNAL OF THE HOUSE, 325. Walter F. Jackson B.M.W.E. Route 4, Box 449 Forsythe, Georgia 31029 326. Ed Mullinax Ed Mullinax & Associates, Inc. P.O. Drawer 1649 LaGrange, Georgia 30241 327. Robert Waymer The Elloree Company 242 Boulevard, S.E. Atlanta, Georgia 30312 328. David Sherman, III Alston and Bird 1200 C & S Ba, k Building 35 Broad Street Atlanta, Georgia 30335 329. Clare H. Draper, IV Alston and Bird 1200 C & S Bank Building 35 Broad Street Atlanta, Georgia 30335 330. Linda G. Womack Oglethorpe Power Corporation 2100 E. Exchange Place P.O. Box 1349 Tucker, Georgia 30085 331. J. Wendell Brigance Georgia Health Care Assoc. 3735 Memorial Drive Decatur, Georgia 30032 332. Mel Steely American Association of University Professors West Ga. College Carrollton, Georgia 30118 333. H. Andrew Owen REGISTERED AGENT American Ins. Assoc. (AIA) American Council of Life Insurers (ACLI) 1900 Peachtree Center Cane Tower Atlanta, Georgia 30303 334. Patricia M. Smith Assoc. for Retarded Citizens/Ga. 1851 Ram Runway College Park, Georgia 30337 335. E. R. Lambert Southland Corporation 126 Washington Street Madison, Georgia 30650 336. Nancye Quarles REGISTERED AGENT Equifax, Inc. Individual P.O. Box 4081 Atlanta, Georgia 30302 337. Frank Sanders Georgians United Against Reckless Driving (GUARD) P.O. Box 404 Clarkston, Georgia 30021 338. Alethea K. Garnett Georgia-Pacific Corporation P.O. Box 105605 Atlanta, Georgia 30348 339. B. H. Landon Druid Hills Civic Assn. 1152 Oxford Road, N.E. Atlanta, Georgia 30306 340. Henry P. Zimmer REGISTERED AGENT United Way of Metro Atlanta Georgia Assn. of United Ways 100 Edgewood Avenue Atlanta, Georgia 30303 341. W. A. Binns Union Camp Corporation P.O. Box 570 Savannah, Georgia 31402 342. Debra L. Kaplan, P.C. SELF 3140 Merrick Drive, S.E. Atlanta, Georgia 30324 343. Tim Johnson Campaign for a Prosperous Ga. P.O. Box 7302 Atlanta, Georgia 30357 344. Lisa Anne Owen Georgians for Victim Justice 143 Traynot Avenue Savannah, Georgia 31405 345. Brenda Murphy Georgia Assn. of Medical Victims, Inc. 4456 Berkshire Road Forest Park, Georgia 30050 FRIDAY, JANUARY 17, 1986 155 346. Jack D. Aiken REGISTERED AGENT Citizens for Liberty Libertarian Party of Georgia P.O. Box 8655 Atlanta, Georgia 30306 347. Scott E. Tinnon REGISTERED AGENT American Society of Landscape Architects - Ga. Chapter Georgia Society of Anesthesiologists Health Insurance Assoc. of Am. MAG Mutual Insurance Company Ga. Health System, Inc. Calif. Vision Service, Inc. Financial Life Ins. Co. of Ga. 229 Peachtree St., N.E. #803 Atlanta, Georgia 30303 348. Robert P. Constantine, Jr. REGISTERED AGENT American Society of Landscape Architects - Ga. Chapter Georgia Society of Anesthesiologists Health Insurance Assoc. of Am. MAG Mutual Insurance Company Ga. Health System, Inc. Calif. Vision Service, Inc. Financial Life Ins. Co. of Ga. 229 Peachtree St., N.E. #803 Atlanta, Georgia 30303 349. Helen Pitts Smith Georgians for Victim Justice 133 Montgomery Street Savannah, Georgia 31402 350. Faith Marie Clark Georgians for Victim Justice 500 DeKalb County Courthouse Decatur, Georgia 30030 351. Tambra P. Aldrup Georgians for Victim Justice 2812 Amber Trail Duluth, Georgia 30136 352. Heidi Decker Georgians for Victim Justice 608 Beauregard Street Savannah, Georgia 31405 353. Barbara Johnson REGISTERED AGENT Georgians for Victim Justice STOPAR Rockdale County Courthouse District Attorney's Office Conyers, Georgia 30208 354. Harry D. Hollingsworth, Jr. Grady Hospital 229 Peachtree St., Suite 1600 Atlanta, Georgia 30303 355. Andrew H. Griffin, Jr. Georgia Assoc. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30034 356. Jennifer Jessee Junior League of Atlanta 522 Peachtree Battle Ave., N.W. Atlanta, Georgia 30305 357. Betty Jo Currie Atlanta Junior League 982 Dean Drive, N.W. Atlanta, Georgia 30318 358. Gay S. Colyer Atlanta Junior League 946 Winall Down Road Atlanta, Georgia 30319 359. Martha M. Tate Atlanta Junior League 900 Kiplino Drive, N.W. Atlanta, Georgia 30318 360. Pat Chambers SELF 2348 Pine Circle Gainesville, Georgia 30501 361. Lillian M. Hall SELF 2044 Riverwood Drive Gainesville, Georgia 30501 362. Conrad M. Fowler West Point Pepperell Box 71 West Point, Georgia 31833 363. Marie S. Steinmeyer REGISTERED AGENT Ga. Wmn. Coalition for Med'l. Freedom Older Women League A.A.R.P. 3985 Lynfield Court College Park, Georgia 30349 364. Marie Matthews Georgia Assoc. the American Institute of Architects Colony Square Retail Mall 1197 Peachtree St., N.E. Atlanta, Georgia 156 JOURNAL OF THE HOUSE, 365. Deborah Sheppard Campaign for a Prosperous Ga. P.O. Box 7302 Atlanta, Georgia 30357 366. Joseph J. Kelly Texaco, Inc. 59 Executive Park, N.E. #500 Atlanta, Georgia 30029 367. Lori Sandoval SELF P.O. Box 8694 Atlanta, Georgia 30306 368. Chris Lambert Georgia Citizens for the Arts 1404 Spring Street, N.W. Atlanta, Georgia 30309 369. Sherrie Berger Planned Parenthood of Atlanta 100 Edgewood Avenue, N.E. Atlanta, Georgia 370. Barbara G. Hill Georgia Citizens for the Arts 1404 Spring Street, N.W. Atlanta, Georgia 30309 371. Midge (Marguerite) Sweet Community 220 Elizabeth Street, N.E. Atlanta, Georgia 30307 372. Gary E. Jackson REGISTERED AGENT Atlanta Bar Association Fulton County Development Authority 401 W. Peachtree St. #1550 Atlanta, Georgia 30308 373. Ervin W. Goodroe Bldg. Material Merchants Assn. P.O. Box 160 Austell, Georgia 30001 374. Max A. Mason Ga. Pharmaceutical Assn. 785 Chickamauga Avenue Rossville, Georgia 30741 375. Larry L. Braden Ga. Pharmaceutical Assn. 2520 Carroll Avenue Atlanta, Georgia 30341 376. James F. Fleming, Jr. DeKalb Chamber of Commerce 750 Commerce Drive, Suite 201 Decatur, Georgia 30030 377. Jack Howard Norfolk Southern Corporation 99 Spring Street, S.W. Atlanta, Georgia 30308 378. William M. Bates REGISTERED AGENT Morehouse School of Medicine Interstate Paper Corp. Tobacco Institute Suite 812, 161 Spring Street Atlanta, Georgia 30303 379. W. A. (Bill) Hathaway Federal/Military Retiree Coalition 1067 McConnell Drive Decatur, Georgia 30033 380. Ski Bashinski REGISTERED AGENT Ga. Funeral Directors Assn. Surveying & Mapping Society of Georgia Ga. Automatic Merchandising Association Ga. Cemetery Assn. Ga. Pest Control Assn. Greater Atlanta Fabricare Assn. 3009 Rainbow Drive #123 Decatur, Georgia 30034 381. Jack W. Houston Ga. Assn. of Petroleum Retailers 900 N. Hairston Road, Ste. D Stone Mountain, Georgia 30083 382. Susan Lansdell Ga. Women's Political Caucus Box 22520 Emory University Atlanta, Georgia 30322 383. Jan Shepherd Ga. Trial Lawyers 641 Spring Street Gainesville, Georgia 30501 384. Mary Betty Price Georgians for Victim Justice 5270 Alexander Lake Road Stockbrige, Georgia 30281 385. Dereda C. Taylor REGISTERED AGENT Informed Health Care Assn. of Georgia, Inc. Georgia Women's Coalition of Medical Freedoms, Inc. 1181 Melrose Drive Clarkston, Georgia 30021 FRIDAY, JANUARY 17, 1986 157 386. Phil Gates Tennec, Inc. P.O. Box 2511 Houston, Texas 77001 387. Dick Dorsey American Insurance Assoc. 3475 Lenox Road, N.E. Suite 765 Atlanta, Georgia 30326 388. Raymond G. Farmer American Insurance Assoc. 3475 Lenox Road Atlanta, Georgia 30326 389. EdMcGill Ga. Alcohol Dealers Assn., Inc. 920 Green Street Conyers, Georgia 30207 390. Richard M. Ossoff SELF 1375 Peachtree Street, N.E. Suite 200 Atlanta, Georgia 30351 391. E. Wayne Stanford Ga. Grocers Association 1465 Northside Drive Atlanta, Georgia 30325 392. Kay H. Pippin Ga. Assoc. of Educators (GAE) 3951 Snapfinger Parkway Decatur, Georgia 30233 393. Tracy C. Goodbar Georgians for Victim Justice Gwinnett County District Attorney's Office P.O. Box 569 Lawrenceville, Georgia 30246 394. William G. Sanders Georgia Assn. of Educators 500 Sugar Mill Road #240A Atlanta, Georgia 30338 395. Robert R. King Georgia Hospitality and Travel Assn. 148 International Blvd. Suite 625 Atlanta, Georgia 30303 396. Hershel W. Farmer Seaboard System Railroad 1590 Marietta Blvd., N.W. Atlanta, Georgia 30318 397. Rebecca Gabriel REGISTERED AGENT AMTA National Health Federation 3960 Peachtree Rd., N.E. #425 Atlanta, Georgia 30319 398. Jim Gabriel REGISTERED AGENT AMTA National Health Federation Informed Health Care Assn. of Georgia 3960 Peachtree Rd., N.E. #425 Atlanta, Georgia 30319 399. Mary Lou Romaine Ga. Federation of Teachers 374 Maynard Ter., S.E. #202 Atlanta, Georgia 30316 400. William H. Hosch Bank South, N.A. 55 Marietta Street, N.W. Atlanta, Georgia 30303 401. Cliff C. Kimsey, III Bank South, N.A. 55 Marietta Street, N.W. Atlanta, Georgia 30303 402. John A. Jones American Assoc. of Retired Persons Route 3, Box 401 Greensboro, Georgia 30642 403. Ovid H. Stephenson State Career and Retired Employees 1966 Ridgewood Drive, N.E. Atlanta, Georgia 30307 404. Jim Morrison Georgia Wildlife Federation 4019 Woburn Drive Tucker, Georgia 30084 405. M. Harris Mynatt PAGE 202 Davidson Drive Dalton, Georgia 30720 406. Susan E. Thomas SELF Emory University Clifton Road Atlanta, Georgia 30322 407. Teresa N. Ratel Candler Park Neighborhood Org. 505 Page Avenue Atlanta, Georgia 30307 158 JOURNAL OF THE HOUSE, 408. James A. Cody REGISTERED AGENT Ga. Sheriffs Assn. Ga. Society of Assn. Executives 4301 Memorial Drive Decatur, Georgia 30032 409. Dr. Malcolm Cummings Georgia Assoc. of Christian Schools Suite 218 337 S. Milledge Ave. Athens, Georgia 30605 410. Patty Partin Georgia PTA 210 Indian Trail, N.E. Dalton, Georgia 30720 411. Ruenette Gilbert Georgia PTA 1846 Beaverdale Road Dalton, Georgia 30720 412. Jennifer Bonanno Ga. Women's Political Caucus P.O. Box 22918 Emory University Atlanta, Georgia 30322 413. Jim Martin Ga. Society of CPA's 3340 Peachtree Road, N.E. Atlanta, Georgia 30026 414. Charles A. Mobley REGISTERED AGENT Georgia Chiropractic Assoc. Georgia Trial Lawyers Democratic Party of Georgia 1105 Bond Street Macon, Georgia 31201 415. Herman R. Daniell Georgia Assoc. of Assessing Officials 185 Washington Street Marietta, Georgia 416. Rufus T. Dorsey, IV REGISTERED AGENT Parker, Hudson, Rainer, Dobbs & Kelly St. Joseph's Hospital of Savannah 133 Carnegie Way, Suite 1200 Atlanta, Georgia 30303 417. Holly N. Hayes Mental Health Assoc. of Georgia, Inc. 1244 Clairmont Rd., Suite 204 Decatur, Georgia 30030 418. William Wyatt Holland Residential Services Coalition 100 Edgewood Ave., Suite 502 Atlanta, Georgia 30328 419. James R. Newman Southern Bell Telephone Co. 125 Perimeter Center, West Atlanta, Georgia 30346 420. Bill Carbine City of Marietta 1646 Elm Ridge Way Stone Mountain, Georgia 30083 421. Ruth F. Claiborne REGISTERED AGENT Council for Children, Inc. Ga. Assoc. of School Psychology 18 Fourth Street, N.W. Atlanta, Georgia 30305 422. Joseph A. Sports REGISTERED AGENT The NutraSweet Group Pearle Vision Centers Winston Network, Inc. Car & Truck Rental and Leasing Assn. Chambers of Georgia, Inc. Nat. Medical Enterprises, Inc. Joe Sports Associates, Inc. 21 Finch Trail Atlanta, Georgia 30308 423. Nyna Gentry Southeastern Travelers Exhibitors 837 Barnett Street, N.E. Atlanta, Georgia 30306 424. Herb Green U.A.W. 6108 Spalding Drive Norcross, Georgia 30092 425. Wayne W. Stageman The Southland Corporation Box 719 Dallas, Texas 75221 426. J. Brian Johnstone A.T.& T. and Affiliated Companies 133 Peachtree St., Suite 3300 Atlanta, Georgia 30303 FRIDAY, JANUARY 17, 1986 159 427. Fran Toliver Ga. Federation of Teachers, AFL-CIO 6065 Roswell Road, Suite 722 Atlanta, Georgia 30328 428. Benson Ham Ga. E.M.C. 148 Int'l. Blvd., N.E. Atlanta, Georgia 30043 429. Mary F. Agraz Ga. League of Women Voters 1000 Edgewood Avenue Atlanta, Georgia 30303 430. C. A. Collier A.A.R.P. 529 W. Solomon Street Griffin, Georgia 30223 431. Tom Watson Brown REGISTERED AGENT Georgia Assoc. of Broadcasters, Inc. Federated Investors, Inc. 2100 Cain Tower 229 Peachtree Street Atlanta, Georgia 30303 432. Mary Margaret Oliver REGISTERED AGENT Ga. Council on Child Abuse Clients of Georgia Legal Aid Services and Atlanta Legal Aid Society 500 Fidelity National Bank 160 Clairmont Avenue Decatur, Georgia 30030 433. Charlie A. Hicks Ga. Assoc. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035 434. Rosemary Hayward Mental Health Assoc. of Georgia, Inc. 1244 Clairmont Road Decatur, Georgia 30030 435. Betty J. Grant Georgia NOW 113 Ashford Place Roswell, Georgia 30076 436. Lane C. Pappaport Georgia NOW 815 Greenwood Ave., N.E. Atlanta, Georgia 30306 437. Gerald W. Bowling Municipal Electric Authority of Georgia 100 Peachtree St., Suite 700 Atlanta, Georgia 30303 438. William Hollberg REGISTERED AGENT Alliance for Parents and Families Georgia Right to Life Committee, Inc. 744 Elkmont Drive, N.E. Atlanta, Georgia 30306 439. Robert H. Forry Troutman, Sanders, Lockerman and Ashmore 1400 Candler Building Atlanta, Georgia 30043 440. J. Emmett Henderson Georgia Council on Moral and Civic Concerns 2930 Flowers Road South Atlanta, Georgia 30341 441. Hinson McAuliffe REGISTERED AGENT Georgia Baptist Convention Georgia Council on Moral and Civic Concerns 55 Silverwood Road, N.E. Atlanta, Georgia 30342 442. William A. Travis McNeil Pharmaceutical 1444 Dallas Circle, S.W. Marietta, Georgia 30064 443. Robert Cucchi TRW, Inc. Suite 430, 600 Lake Forest Dr., N.W. Atlanta, Georgia 30328 444. Lithangia S. Robinson Cobb-Marietta Retired Teachers 2880 Valley Heart Drive, N.W. Atlanta, Georgia 30318 445. Ted O'Callaghan City of Decatur 805 Pinetree Drive Decatur, Georgia 30030 446. Angeline R. Luke Medical Assn. of Georgia 938 Peachtree St., N.E. Atlanta, Georgia 30309 160 JOURNAL OF THE HOUSE, 447. Judy H. Moye Professional Bail Agents of Georgia, Inc. 114 N. McDonough St. Jonesboro, Georgia 30236 448. Robert R. Potter State Farm Insurance Companies 771 Spring Street, N.W. Atlanta, Georgia 30379 449. David McCord REGISTERED AGENT Nat. Assn. of Social Workers Ga. Clearinghouse on Prisons and Jails 3166 Maple Drive, N.E., Suite 200B Atlanta, Georgia 30305 450. William N. Griffin Ga. Beer Wholesalers Assn. P.O. Box 53379 Atlanta, Georgia 30305 451. Coy R. Johnson Georgia Assn. of Life Ins. Companies 112 N. Main Street Cumming, Georgia 30130 452. Dorethea Elaine Archie Continuum 1447 Peachtree St., Suite 521 Atlanta, Georgia 30309 453. Mellonee Houston-Willis Continuum 1447 Peachtree St., Suite 521 Atlanta, Georgia 30309 454. Frank Barron Thorpe REGISTERED AGENT Ga. Assn. of Convenience Stores Ga. Wholesale Grocer's Assn. P.O. Box 7776 Macon, Georgia 31209 455. Sally T. Lee REGISTERED AGENT Junior League of Georgia SPAC Pub. Education Task Force 1269 Craddock Way Macon, Georgia 31210 456. Susan Culpepper Assoc. Management Resources, Inc. 2209 Willivee Place Decatur, Georgia 30033 457. Ogden Doremus Insurance Law Section - State Bar of Georgia 10 N. Rountree Street Box 296 Metter, Georgia 30439 458. Marva Fisher Friends of Mable Thomas 3233 Mt. Gilead Road, S.W. Atlanta, Georgia 30311 459. Thomas E. B. Phillips Georgia Hospitality and Travel Assn. 149 International Blvd. #625 Atlanta, Georgia 30303 460. David R. Williams Georgia Bankers Assn. 320 William-Oliver Bldg. Atlanta, Georgia 30303 461. Linda F. Waters Georgia School Food Service Assn. 3951 Snapfinger Parkway, Suite 505 Decatur, Georgia 30062 462. Bobby Rowan Enigma Brotherhood of Farmers Route 1 Enigma, Georgia 31749 463. Joel C. William, Jr. Savannah Foods and Industries, Inc. Box 339 Savannah, Georgia 31402 464. Render Hill GTE Sprint Court Square Greenville, Georgia 30222 465. Guy E. Wood Georgia Assn. of Assessing Officials 165 Central Ave., Room 100 Atlanta, Georgia 30305 466. Johnny Richards Fulton County Schools 768 Cleveland Avenue Atlanta, Georgia 30301 467. Patricia M. Westrick Historic Parks 150 E. Ponce de Leon Avenue Decatur, Georgia 30030 FRIDAY, JANUARY 17, 1986 161 468. Roger W. Howard Distilled Spirits Council of United States, Inc. 2534 Orchard Lane Jefferson City, MO 469. Steve Levetan Ga. Assn. of Scrap Processors 80 Milton Avenue, S.E. Atlanta, Georgia 30315 470. Betty Blondeau-Russell Georgia Citizens for the Arts Atlanta, Georgia 30309 471. Harold E. Bryant Blue Cross and Blue Shield of Georgia P.O. Box 4445 Atlanta, Georgia 30302 472. Thomas A. Player REGISTERED AGENT Aetna Life and Casualty Ga. State Assn. of Life Underwriters 75 Poplar Street Atlanta, Georgia 30303 473. Ann Rose REGISTERED AGENT Worth Advertising, Inc. Midtown Hospital Ga. Trial Lawyers Assn. Atlanta Surgi-Center Woman's Diagnostic Center Sparlin Chiropractic Center 1104 Wedgewood Way Dunwoody, Georgia 30338 474. Frances K. Beck Fulton County Daily Report 190 Pryor Street, S.W. Atlanta, Georgia 475. Earl H. Higgins Fulton County Daily Report 190 Pryor Street, S.W. Atlanta, Georgia 476. Frank Louis Amodeo Georgia State University Atlanta, Georgia 30303 477. Charlie E. Key REGISTERED AGENT North Georgia Building and Construction Trade Council Plumbers and Steamfitters Local 72 501 Pulliam St., S.W. #225 Atlanta, Georgia 30312 478. James David Bentley North Georgia Building and Construction Trade Council Plumbers and Steamfitters Local 72 501 Pulliam St., S.W. #225 Atlanta, Georgia 30312 Pursuant to HR 459, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, January 27, 1986. 162 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Monday, January 27, 1986 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 Inman Gerrald, Pastor, Nunez Baptist Church, Swainsboro, 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. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees: HB 1381. By Representative Ramsey of the 155th: A bill to amend Code Section 31-3-15 of the Official Code of Georgia Anno tated, relating to establishment of health districts, so as to change the man ner of appointing and discharging directors of those health districts; to provide for construction. Referred to the Committee on Health & Ecology. HB 1382. By Representatives Couch of the 40th, Triplett of the 128th, Walker of the 115th, Selman of the 32nd and Adams of the 36th: A bill to amend Code Section 32-6-28 of the Official Code of Georgia Anno tated, relating to permits for excess weight and dimensions, so as to author ize the commissioner of transportation to issue a permit in writing MONDAY, JANUARY 27, 1986 163 authorizing the applicant to operate or move modular or sectional housing units upon the state's public roads under certain conditions. Referred to the Committee on Transportation. HB 1383. By Representative Galer of the 97th: A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for mandatory prelitigation screening of civil actions for personal injury or wrongful death in which damages exceed ing a certain amount are sought; to provide that such actions shall be com menced by the filing of an application for prelitigation screening rather than by the filing of a complaint. Referred to the Committee on Judiciary. HB 1384. By Representative Richardson of the 52nd: A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the seventy-fifth anniversary of the founding of Georgia State University. Referred to the Committee on Motor Vehicles. HB 1385. By Representative Richardson of the 52nd: A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to reenact Chapter 2 thereof; to include expressly substance abuse and other disabilities in references to certain services, service areas, area councils, and state-wide and area plans. Referred to the Committee on Health & Ecology. HB 1386. By Representatives Dixon of the 151st, Aaron of the 56th and Bishop of the 94th: A bill to amend Chapter 9 of Title 3 of the Official Code of Georgia Anno tated, relating to the sale of alcoholic beverages by passenger carriers and nonprofit organizations, so as to prohibit the sale of alcoholic beverages by in-room service by a hotel unless such hotel has obtained a license; to authorize the commissioner of the Department of Revenue to issue in-room service licenses. Referred to the Committee on Regulated Beverages. HB 1387. By Representative Dixon of the 151st: A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Anno tated, relating to authorization and general requirements for transaction of insurance, so as to require certain insurers to file itemized annual reports. Referred to the Committee on Insurance. HB 1388. By Representative Galer of the 97th: A bill to amend Code Section 40-5-2 of the Official Code of Georgia Anno tated, relating to records required to be kept by the Department of Public 164 JOURNAL OF THE HOUSE, Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to provide access to its records to the Depart ment of Human Resources for the purpose of the enforcement of support obligations pursuant to Chapter 11 of Title 9 of the Official Code of Georgia Annotated. Referred to the Committee on Judiciary. HR 566. By Representatives Chance of the 129th and Triplett of the 128th: A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to grant and convey to Fort Howard Paper Company an easement over, under, across, and through certain real property owned by the State of Georgia and located in Effingham County, Georgia, for the con struction, installation, operation, maintenance, repair and improvement of intake/outfall facility. Referred to the Committee on State Institutions & Property. HR 567. By Representative Ross of the 82nd: A resolution compensating Miss Annie M. Peterson. Referred to the Committee on Appropriations. HR 568. By Representative Childers of the 15th: A resolution compensating Andy's of Rome, Inc. Referred to the Committee on Appropriations. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 1328 HB 1329 HB 1330 HB 1331 HB 1332 HB 1333 HB 1334 1335 HHrlD BR 13< 36 HB 1339 HB 1340 HR 104^ HR HB 1344 HR 1 ^4*1 TIT} i *3Ac HB 13347 HB 1348 HB 1349 HB 1350 HB 1351 HB 1352 HB 1353 HB 1354 HB 1355 HB 1356 HB 1357 HB 1358 HB 1359 HR 1 ^fifl UTJ ioci jig 1363 HB 1366 HB 1368 1369 HK 1370 HRB 1T37711 HB 1372 HB 1373 HB 1374 HB 1375 HB 1376 MONDAY, JANUARY 27, 1986 165 HB 1377 HB 1378 HB 1379 HB 1380 HR 519 HR 520 HR 521 HR 524 HR 525 HR 565 By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee on Judiciary: HB 1424. By Representatives Groover of the 99th, Pinkston of the 100th and Lucas of the 102nd: A bill to amend Article 1 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding waste manage ment, so as to declare unlawful the placing, dumping, or disposing of the contents of a septic tank, waste water holding tank, grease trap, or other such container into a public storm or sanitary sewer pipeline without first obtaining written permission. 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 has instructed me to report the same back to the House with the follow ing recommendations: HB 1173 Do Pass, by Substitute HB 1175 Do Pass, by Substitute HB 1177 Do Pass, by Substitute HB 1219 Do Pass, by Substitute Respectfully submitted, /s/ Childers of the 15th Chairman The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: 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 appoint ment, resignation, and removal of its members. The following Senate amendment was read: Amend HB 1103 by striking from Section 8 on line 3 of page 5 the following: "June 1, 1985", and inserting in lieu thereof the following: "April 1, 1986". By striking from Section 8 on line 6 of page 5 the following: "July 1, 1985", 166 JOURNAL OF THE HOUSE, and inserting in lieu thereof the following: "May 1, 1986". Representative Colwell of the 4th moved that the House agree to the Senate amend ment to HB 1103. On the motion, the ayes were 103, nays 0. The motion prevailed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate: 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 Laurens County from single-member districts; to provide residency requirements. 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 author ity of the Board of Education of Habersham County to borrow funds and pledge certain building funds for the payment thereof. HB 1166. By Representative Yeargin of the 14th: A bill to amend an Act providing for the election of members of the Board of Education of Oglethorpe County, so as to change the descriptions of the education districts of the board and provide that members of the board will be elected by the electors of those districts and not at large. HB 1168. By Representative Yeargin of the 14th: A bill to create a Board of Commissioners of Oglethorpe County and provide for its composition; to provide for the election, qualification, terms, compen sation and expenses, oath, commission, and bond of the chairman and mem bers of the board. HB 1222. By Representatives Ware of the 77th and Milam of the 81st: A bill to amend an Act creating the Mountville Water Authority, so as to enlarge the area that the authority may serve; to increase the ceiling under which certain negotiable revenue bonds may be issued. SB 353. By Senator Timmons 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 relating to the Calhoun County board of education; to provide that such continuation of such con stitutional amendment shall not be construed as authorizing noncompliance MONDAY, JANUARY 27, 1986 167 with the terms of any court order relating to the Calhoun County board of education. SB 359. By Senator Reddish of the 6th: A bill to amend an Act providing for the compensation of the coroner of Wayne County, approved March 17, 1978 (Ga. L. 1978, p. 4056), so as to change the compensation of the coroner. SB 367. By Senator Kidd of the 25th: 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 of said city. SB 324. By Senators Harrison of the 37th, Brantley of the 56th and Tolleson of the 32nd: A bill to amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 354), as amended, so as to deannex and exclude cer tain property from the city. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 324. By Senators Harrison of the 37th, Brantley of the 56th and Tolleson of the 32nd: A bill to amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 354), as amended, so as to deannex and exclude cer tain property from the city. Referred to the Committee on State Planning & Community Affairs. - Local SB 353. By Senator Timmons 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 relating to the Calhoun County board of education; to provide that such continuation of such con stitutional amendment shall not be construed as authorizing noncompliance with the terms of any court order relating to the Calhoun County board of education. Referred to the Committee on State Planning & Community Affairs - Local. SB 359. By Senator Reddish of the 6th: A bill to amend an Act providing for the compensation of the coroner of Wayne County, approved March 17, 1978 (Ga. L. 1978, p. 4056), so as to change the compensation of the coroner. Referred to the Committee on State Planning & Community Affairs - Local. SB 367. By Senator Kidd of the 25th: 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 of said city. Referred to the Committee on State Planning & Community Affairs - Local. 168 JOURNAL OF THE HOUSE, Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 790. By Representatives Steinberg of the 46th, Robinson of the 58th, Lawler of the 20th, and Selman of the 32nd: A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving invasion of pri vacy, so as to provide that it shall be a criminal offense to use or allow use of a telephone for the purpose of offering any goods or services for sale when such use involves an automated system for the selection of dialing of numbers and the playing of a recorded message. The following Committee substitute was read and adopted: A BILL To amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Anno tated, relating to criminal offenses involving invasion of privacy, so as to provide that it shall be a criminal offense to use or allow use of a telephone for purposes of soliciting sales and certain other commercial purposes when such use involves an automated system for the selection or dialing of numbers and the playing of a recorded message; to provide exceptions; to provide that it shall be a criminal offense to use or allow use of any such automated system for any purpose unless the person or organization initiating such calls is identified in a specified manner; to provide that it shall be a criminal offense to use or allow use of any such automated system for any purpose unless an automated disconnect is provided; to provide for criminal punishment; to provide for civil enforce ment; to provide for severability; 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 3 of Chapter 11 of Title 16 of the Official Code of Georgia Anno tated, relating to criminal offenses involving invasion of privacy, is amended by adding a new Part 3 to read as follows: "Part 3 16-11-90. (a) Except as otherwise provided in this Code section, no person shall use a telephone or knowingly allow a telephone to be used: (1) When such use is for the purpose of offering any goods or services for sale or such use is for any commercial profit-making purpose and relates to any goods or services; and (2) When such use involves an automated system for the selection or dialing of telephone numbers and the playing of a recorded message when a connection is com pleted to the called number. (b) This Code section shall not prohibit the use of an automated telephone system with recorded messages: (1) When such calls are made solely in response to calls initiated by the persons to whom the automatic calls are directed; (2) When such calls are directed solely to persons who have prior to the initiation of the calls given to the person initiating the calls their unrevoked consent to receive such calls; (3) When such calls are made by a nonprofit organization, or by an individual using such calls other than for commercial profit-making purposes, and the calls do not involve the offering of goods or services for sale; (4) When the calls relate solely to payment for, service of, or warranty coverage of previously ordered or purchased goods or services; or MONDAY, JANUARY 27, 1986 169 (5) When a line operator requests the permission of the person to whom the call is directed to play a recorded message and the call is immediately terminated if such permission is refused, provided that any such permission shall apply only to one par ticular call and shall not constitute prior consent to receive further such calls. (c) Any person who violates this Code section shall be guilty of a misdemeanor. (d) The Attorney General or any telephone company servicing an area to which or from which automated calls are made may seek injunctive relief to enforce this Code section. 16-11-91. (a) No person shall use a telephone or knowingly allow a telephone to be used for any purpose when such use involves an automated system for the selection or dialing of telephone numbers and the playing of a recorded message when a connection is completed to the called number unless the recorded message clearly states the name and telephone number of the person or organization initiating the call within the first 20 seconds of the call and again clearly states the name and telephone number of the person or organization initiating the call at the conclusion of the recorded message. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor. (c) The Attorney General or any telephone company servicing an area to which or from which automated calls are made may seek injunctive relief to enforce this Code section. 16-11-92. (a) No person shall use a telephone or knowingly allow a telephone to be used for any purpose when such use involves an automated system for the selection or dialing of telephone numbers and the playing of a recorded message when a connection is completed to the called number unless the equipment through which such calls are placed is so designed, maintained, and operated that the connection with the number called is automatically and immediately terminated by the cradling or other disconnecting of the telephone to which each call is placed. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor. (c) The Attorney General or any telephone company servicing an area to which or from which automated calls are made may seek injunctive relief to enforce this Code section." Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 114, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 775. By Representative Crosby of the 150th: A bill to amend Code Section 48-11-2 of the Official Code of Georgia Anno tated, relating to excise taxation of cigars and cigarettes, so as to change the rate of taxation imposed on cigars. The following Committee substitute was read and adopted: 170 JOURNAL OF THE HOUSE, A BILL To amend Code Section 48-11-2 of the Official Code of Georgia Annotated, relating to excise taxation of cigars and cigarettes, so as to change the rate of taxation imposed on cigars; to provide for related matters; to provide for an effective date and for applica bility; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 48-11-2 of the Official Code of Georgia Annotated, relating to excise taxation of cigars and cigarettes, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows: "(a) An excise tax, in addition to all other taxes of every kind imposed by law, is imposed upon the sale, receipt, purchase, possession, consumption, handling, distri bution, or use of cigars and cigarettes in this state at the following rates: (1) Little cigars weighing not more than three pounds per thousand: two mills each; (2) All other cigars: 16 13 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allow ances; (3) Cigarettes: 12t per pack of 20 cigarettes and a like rate, pro rata, for other size packages." Section 2. This Act shall become effective July 1, 1986, and shall apply to taxable events and transactions occurring on or after that date. Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 113, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 251. By Representatives Johnson of the 72nd, Steinberg of the 46th, Clark of the 13th, and Lawler of the 20th: A bill to amend Code Section 47-3-120 of the Official Code of Georgia Anno tated, relating to retirement allowances under the Teachers Retirement System of Georgia, so as to change the provisions relative to the computation of average compensation. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 123, nays 2. The Bill, having received the requisite constitutional majority, was passed. HB 416. By Representative Johnson of the 72nd: A bill to amend Code Section 47-3-60 of the Official Code of Georgia Anno tated, relating to membership in the Teachers Retirement System of Georgia, so as to change the provisions relating to reinstatement of membership in the retirement system. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. MONDAY, JANUARY 27, 1986 171 On the passage of the Bill, the ayes were 114, nays 1. The Bill, having received the requisite constitutional majority, was passed. HB 1200. By Representative Hamilton of the 124th: A bill to amend Code Section 19-9-1 of the Official Code of Georgia Anno tated, relating to custody of children, so as to provide that a court shall retain jurisdiction in all custody cases for the purpose of ordering the custo dial parent to notify the court of any changes in the residence of the child. The following amendment was read and adopted: The Committee on Judiciary moves to amend HB 1200 by striking from line 12 of page 1 the following: "19-1-1", and inserting in its place the following: "19-9-1". The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 113, nays 2. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1213. By Representatives Walker of the 115th, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and Porter of the 119th: A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 111, nays 1. The Bill, having received the requisite constitutional majority, was passed. HB 1214. By Representatives Walker of the 115th, Johnson of the 72nd, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and others: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 119, nays 0. 172 JOURNAL OP THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. HB 1216. By Representatives Walker of the 115th, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and Porter of the 119th: A bill to amend Code Section 46-1-2 of the Official Code of Georgia Anno tated, relating to the measure of damages for wrongs and injuries by railroad companies, so as to change certain venue provisions relative to actions against railroad or electric companies. The following Committee substitute was read and adopted: A BILL To amend Code Section 46-1-2 of the Official Code of Georgia Annotated, relating to the measure of damages for wrongs and injuries by railroad companies, so as to change certain venue provisions relative to actions against railroad or electric companies; to pro vide for an effective date; to repeal conflicting laws; and other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 46-1-2 of the Official Code of Georgia Annotated, relating to the measure of damages for wrongs and injuries by railroad companies, is amended by striking subsection (c) of said Code section in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: "(c) Any railroad or electric company may shall be sued by anyone whose person or property has been injured by such railroad or electric company, or by its officers, agents, or employees, for the purpose of recovering damages for such injuries, in the county in which the cause of action originated; and actions on all contracts shall be brought in the county in which the contract in question is made or is to be performed. If the cause of action arises in a county where the railroad or electric company liable to suit has no agent, service may be perfected by the issuance of a second original, to be served upon the company in the county of its principal office and place of business, if in this state, and if not, on any agent of such company. In the alternative, if the company has no agent in the county where the cause of action arises, an action may be brought in the county of the residence of such company." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 113, nays 7. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1211. By Representatives Bolster of the 30th, Thomas of the 69th, Lawson of the 9th and Alien of the 127th: A bill to amend Code Section 19-8-6 of the Official Code of Georgia Anno tated, relating to when surrender or termination of parental rights is not required in adoptions, so as to provide that termination or surrender shall not be required for the adoption of certain children who previously resided in foreign countries. MONDAY, JANUARY 27, 1986 173 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 127, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1278. By Representatives Thomas of the 69th, Chambless of the 133rd and Lawson of the 9th: A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, so as to repeal in its entirety Chapter 6 of said title, relating to takeovers of certain corporations; to make certain editorial changes con nected therewith. The report 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. HB 1277. By Representatives Thomas of the 69th, Chambless of the 133rd, Lawson of the 9th, Pannell of the 122nd and Alien of the 127th: A bill to amend Code Section 15-18-14 of the Official Code of Georgia Anno tated, relating to assistant district attorneys, so as to provide that any person who is appointed as a state paid assistant district attorney and who has attained an LL.M. degree may be appointed at a salary step which is two steps higher than the salary step for which such person is otherwise quali fied. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 108, nays 7. The Bill, having received the requisite constitutional majority, was passed. HB 493. By Representatives Shepard of the 71st and Copelan of the 106th: A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Anno tated, relating to guardians of incapacitated persons, so as to authorize a guardian under certain conditions to establish an estate plan to minimize taxes and to make tax motivated dispositions of the ward's property. By unanimous consent, further consideration of HB 493 was postponed until tomor row, January 28, 1986, immediately after the period of unanimous consents. HB 828. By Representative Johnson of the 72nd: A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Anno tated, relating to the Sheriffs' Retirement Fund of Georgia, so as to clarify the provisions regarding death benefits. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 174 JOURNAL OF THE HOUSE, On the passage of the Bill, the ayes were 111, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Health and Ecology: HB 1334. By Representatives Athon of the 57th and Childers of the 15th: A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to require hospitals to request that anatomical gifts be made; to authorize the parents, legal guardian, or other authorized person to make an anatomical gift of an indi vidual under 18 years of age, such gift to take effect at death. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Health and Ecology and referred to the Committee on Insurance: HB 1337. By Representatives Athon of the 57th, Mangum of the 57th and Childers of the 15th: A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the State Health Benefit Plan, so as to pro vide that for each claim for benefits paid by the State Personnel Board the covered employee shall receive an itemized statement showing the name of the service provider, each item or service for which the claim was submitted, and the amounts paid by the plan for such items or services. The following Resolutions of the House were read and referred to the Committee on Rules: HR 574. By Representatives Pinkston of the 100th, Groover of the 99th, Lucas of the 102nd and Randall of the 101st: A resolution honoring Wesleyan College on its 150th anniversary; inviting the president of the college to appear before the House. HR 575. By Representative Ross of the 82nd: A resolution commending Coach Larry Campbell and inviting him and the Lincoln County Red Devils Football Team to appear before the House. The following Resolutions of the House were read and adopted: HR 576. By Representative Hanner of the 131st: A resolution commending the Calhoun County High School Baseball Team. HR 578. By Representatives Athon of the 57th, Pettit of the 19th, Hanner of the 131st and Sizemore of the 136th: A resolution urging the Congress of the United States to adopt legislation relating to the Social Security Act. HR 579. By Representatives Redding of the 50th, Watson of the 114th, Dean of the 29th and others: MONDAY, JANUARY 27, 1986 175 A resolution urging Congress to continue funding of community services block grants, the Headstart program, and low-income energy assistance block grants. HR 580. By Representatives Crosby of the 150th, Dixon of the 151st, Sizemore of the 136th and Carter of the 146th: A resolution protesting the proposed abandonment of 59.22 miles of railroad between Pearson and Sylvester, Georgia, by the Seaboard System Railroad, Inc. HR 581. By Representative Greene of the 130th: A resolution commending Devarl Brooks. HR 582. By Representative Thomas of the 31st: A resolution commending Dr. C. T. Vivian. HR 583. By Representative Greene of the 130th: A resolution expressing regrets at the passing of Hugh 0. Overby, Jr.. HR 584. By Representative Ramsey of the 3rd: A resolution commending Luther Oneal Sutter, M.D. The following communication from the Honorable Max Cleland, Secretary of State, was received and read: Secretary of State 214 State Capitol Atlanta 30334 January 24, 1986 The Honorable Glenn Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Mr. Ellard: I am transmitting to you herewith a certified list of those persons, who registered in the Docket of Legislative Appearance for the 1986 Regular Session the week of January 24, 1986, as of 3:00 p.m. this date. The list is numbered 479 through 518. With best wishes, I am Most sincerely, 1st Max Cleland Secretary of State MC/am Attachment: Received by Glenn Ellard 176 JOURNAL OF THE HOUSE, 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 names and addresses of those persons, numbered 479 through 518, who have registered in the Docket of Legislative Appearance as of January 24, 1986, 3:00 p.m., in accordance with Georgia Laws 1970, 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 24th day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-six and of the Independence of the United States of America the Two Hundred and Tenth. /a/ Max Cleland Secretary of State 479. Julian P. Harris, II REGISTERED AGENT F.C.A.E. G.A.E. SELF P. O. Box 490547 Atlanta, Georgia 30349 480. Kathy T. Chaffin Georgia Press Assoc. 1075 Spring Street, N.W. Atlanta, Georgia 30309 481. Robert L. Scott Lederle Laboratories 5180 Peachtree Industrial Rd. Atlanta, Georgia 30302 482. Sam E. West Beneficial Management Corp. Route 1, Box 2506 Lakemont, Georgia 30552 483. Lee Wysong Eagle Forum 701 Longleaf Drive Atlanta, Georgia 30342 484. John L. Erickson Ford Motor Co. 233 Peachtree Street, N.E. #2307 Atlanta, Georgia 30303 485. Joan R. Gates Ga. Housing Coalition, Inc. 250 Georgia Avenue, S.E. Room 363 Atlanta, Georgia 30345 486. Herbert H. Mabry Georgia AFL-CIO 501 Pulliam Street, S.W. Atlanta, Georgia 30312 487. Obed H. Wheaton Ga. State Employees Assn. 501 Pulliam Street Suite 535 Atlanta, Georgia 30312 488. Homer C. Smith Ga. St. Employees Assn. 501 Pulliam Street Suite 535 Atlanta, Georgia 30312 489. Joseph A. Parker Georgia Hospital Assn. Northwest Office Park Atlanta, Georgia 30339 490. Jim Hewitt T.A.G. 4161 Ga. Hwy. 3 Griffin, Georgia 30223 491. Douglas Brown Young Democrats of DeKalb County Georgia State University 492. Shelia V. Rouda League of Women Voters 145 15th Street Atlanta, Georgia 30361 493. Joe Brannen Georgia Bankers Assn. 320 William Oliver Bldg. Atlanta, Georgia 30303 MONDAY, JANUARY 27, 1986 177 494. Connie Shaw Georgians for Freedom in Education 4818 Joy Lane Lilburn, Georgia 30247 495. Sharon A. Hunt Georgia Society of Association Executives 2786 North Decatur Road #200 Decatur, Georgia 30033 496. Julie Childs Junior Leagues of Ga. 66 Luckie Street, N.W. Suite 200 Atlanta, Georgia 30043 497. Gene Dyson Business Council of Georgia 1280 South Omni Atlanta, Georgia 30335 498. Jim Parkman Business Council of Ga. 1280 So. Omni Int'l. Atlanta, Georgia 30335 499. Dr. Hazel C. Cotney Ga. Chiropractic Assn., Inc. 142 Mitchell Street, S.W. Suite LL1 Atlanta, Georgia 30303 500. Albert J. Abrams Greater Macon Chamber of Commerce P. O. Box 169 Macon, Georgia 31298 501. Joan H. Heflinger Widener & Assoc. P. 0. Box 88101 Atlanta, Georgia 30356 502. Carl T. Martin Empire Distributors, Inc. 657 Park Drive, N.E. Atlanta, Georgia 30306 503. Gerald E. Busbee REGISTERED AGENT Southeast Distributors, Inc. Kelly & Cohen, Inc. BLM, Inc. 4691 Warrior Trail Lilburn, Georgia 30247 504. Joy E. Gravitt REGISTERED AGENT League of Independent Fulton Educators Professional Assn. of Georgia Educators 3700 B Market Street Clarkston, Georgia 505. Craig Williamson Young Democrats of Ga. 385 Tenth Street Atlanta, Georgia 30309 506. Charles R. Morrison REGISTERED AGENT Sears Roebuck and Co. Georgia Retail Assn. 675 Ponce de Leon Avenue Atlanta, Georgia 30395 507. John G. R. Bankhead Tobacco Institute, Inc. 2601 Flowers Road, South Atlanta, Georgia 30341 508. Jeanne Bedell Georgia Society for Clinical Social Work 1581 Phoenix Blvd. Suite 4 Atlanta, Georgia 30349 509. James M. Frye Philip Morris, U.S.A. P. O. Box 26603 Richmond, Virginia 23261 510. Robert W. Graham Associated Builders & Contractors of Ga., Inc. 740 W. Peachtree Street Atlanta, Georgia 30308 511. Margie Pitts Hames REGISTERED AGENT Atlanta Surgi Center, Inc. Midtown Hospital Atlanta Women's Med. Ctr. 794 Juniper Street, N.E. Atlanta, Georgia 30308 512. Rhonda Caudell Voc. Placement Services, Inc. 1875 Century Blvd. Suite 260 Atlanta, Georgia 30345 513. Peggy Camp Voc. Placement Serv., Inc. 1875 Century Blvd. Suite 260 Atlanta, Georgia 30345 178 JOURNAL OF THE HOUSE, 514. Jim Kittrell Seaboard System Railroad 1590 Marietta Blvd. Atlanta, Georgia 30318 515. Beth Graham Atlanta Junior League 23 Vista Square Atlanta, Georgia 30327 516. TomRichter 1061 Cumberland Road, N.E. Atlanta, Georgia 30306 517. A. H. (Al) Golden Atlanta Alliance for the Mentally 111 4242 Glenda Drive College Park, Georgia 30337 518. William L. Bache Fraternal Order of Police Lodge 64 1030 Malibu Drive, N.E. Marietta, Georgia The Speaker announced the House would be in recess pending the call of the Chair. The Speaker called the House to order. 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 House and has instructed me to report the same back to the House with the follow ing recommendations: HB 648 Do Pass HB 1281 Do Pass HB 1353 Do Pass HB 1354 Do Pass HB 1364 Do Pass Respectfully submitted, /s/ Pinkston of the 100th Chairman Representative Thomas of the 69th District, Acting Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HB 289 Do Pass, as Amended HB 377 Do Pass HB 840 Do Pass, by Substitute HB 1149 Do Pass HB 1153 Do Pass HB 1249 Do Pass, as Amended HB 1262 Do Pass, by Substitute HB 1263 Do Pass, by Substitute HB 1315 Do Pass HB 1333 Do Pass HB 1351 Do Pass HB 1368 Do Pass HR 476 Do Pass HR 477 Do Pass, as Amended HB 1146 Do Pass, as Amended Respectfully submitted, /s/ Thomas of the 69th Acting Chairman MONDAY, JANUARY 27, 1986 179 Representative Johnson of the 72nd District, Chairman of the Committee on Retire ment, submitted the following report: Mr. Speaker: Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 423 Do Pass HB 1147 Do Pass HB 1205 Do Pass HB 1209 Do Pass Respectfully submitted, /s/ Johnson of the 72nd Chairman Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Bills and Resolu tions of the House and has instructed me to report the same back to the House with the following recommendations: HR 505 Do Pass HR 506 Do Pass HB 1127 Do Pass HB 1218 Do Pass HB 1287 Do Pass HB 1286 Do Pass, as Amended Respectfully submitted, kl Lee of the 72nd Chairman 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. 180 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Tuesday, January 28, 1986 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. Jerry A. Songer, Pastor, First Baptist Church, Roswell, 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. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees: HB 1389. By Representative Steinberg of the 46th: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide certain protections for persons parti cipating in administrative, legislative, and judicial proceedings with respect to zoning decisions; to provide that there shall be no liability for such parti cipation except where such participation is malicious and without reasonable cause. Referred to the Committee on Judiciary. HB 1390. By Representative Yeargin of the 14th: A bill to amend an Act entitled "An Act to provide a board of commissioners for the County of Elbert," so as to provide for the election of the Board of TUESDAY, JANUARY 28, 1986 181 Commissioners of Elbert County; to provide for the composition of the board and districts therefor and elections therefrom. Referred to the Committee on State Planning & Community Affairs - Local. HB 1391. By Representative Yeargin of the 14th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which creates the Oglethorpe County Development Authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 1392. By Representative Yeargin of the 14th: A bill to amend an Act incorporating the City of Elberton in Elbert County, so as to change the date of elections to be held for the offices of mayor and councilmen. Referred to the Committee on State Planning & Community Affairs - Local. HB 1393. By Representative Wood of the 9th: A bill to amend Code Section 33-22-13 of the Official Code of Georgia Anno tated, relating to the procedure for cancellation of an insurance contract by a premium finance company upon default of the insured, so as to allow for the delivery of certain cancellation notices to insurers. Referred to the Committee on Insurance. HB 1394. By Representative Walker of the 85th: A bill to amend Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sales of petroleum products, so as to require certain service stations to make available to the public water and compressed air facilities under certain conditions; to provide for actions, damages, and penalties for violations and limitations thereon. Referred to the Committee on Industry. HB 1395. By Representatives Hasty of the 8th, Anderson of the 8th and Barnett of the 10th: A bill to amend an Act incorporating the City of Canton, so as to change the corporate limits thereof. Referred to the Committee on State Planning & Community Affairs - Local. HB 1396. By Representative Greene of the 130th: A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Anno tated, relating to sheriffs, so as to provide for a new Article 2 of said chapter; to make certain editorial changes related thereto; to authorize the State Per sonnel Board to provide a health insurance plan for sheriffs and employees of the sheriffs in all counties of the State of Georgia which do not offer or make available for such persons a group health insurance plan. Referred to the Committee on Insurance. 182 JOURNAL OF THE HOUSE, HB 1397. By Representatives Hamilton of the 124th, Mostiler of the 75th, Triplett of the 128th and Waldrep of the 80th: A bill to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to change the fee which the state pays a county for housing state inmates. Referred to the Committee on State Institutions & Property. HB 1398. By Representative Greene of the 130th: 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 creating an elected five-member board of education for Chattahoochee County; to pro vide the authority for this Act. Referred to the Committee on State Planning & Community Affairs - Local. HB 1399. By Representative Greene of the 130th: 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 appointment of the county school superintendent of Chattahoochee County by the county board of education. Referred to the Committee on State Planning & Community Affairs - Local. HB 1400. By Representative Greene of the 130th: 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 authorizing the governing authority of Chattahoochee County to assess and collect license fees and taxes upon businesses located in the county but outside the limits of any incorporated municipality; to provide the authority for this Act. Referred to the Committee on State Planning & Community Affairs - Local. HB 1401. By Representative Greene of the 130th: 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 Chattahoochee County Industrial Development Authority; to provide the authority for this Act. Referred to the Committee on State Planning & Community Affairs - Local. HB 1402. By Representative Greene of the 130th: 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 office of sheriff of Chattahoochee County and for future amendment by local Acts of the General Assembly; to provide the authority for this Act. Referred to the Committee on State Planning & Community Affairs - Local. HB 1403. By Representative Greene of the 130th: 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 Randolph County Development Authority and provisions for its TUESDAY, JANUARY 28, 1986 183 powers, authority, funds, purposes, and procedures; to provide the authority for this Act. Referred to the Committee on State Planning & Community Affairs - Local. HB 1404. By Representative Greene of the 130th: 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 Quitman County Industrial Development Authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 1405. By Representative Greene of the 130th: 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 of members of the Stewart County Board of Education by the people. Referred to the Committee on State Planning & Community Affairs - Local. HB 1406. By Representative Greene of the 130th: 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 authorizing the construction of an electrical system in Stewart County; to provide the authority for this Act. Referred to the Committee on State Planning & Community Affairs - Local. HB 1407. By Representative Greene of the 130th: 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 authorizing Stewart County to construct bridges across the Chattahoochee River. Referred to the Committee on State Planning & Community Affairs - Local. HB 1408. By Representative Greene of the 130th: 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 authorizing Stewart County to provide a natural gas system for said county. Referred to the Committee on State Planning & Community Affairs - Local. HB 1409. By Representative Greene of the 130th: 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 Stewart County Industrial Development Authority; to provide the authority for this Act. Referred to the Committee on State Planning & Community Affairs - Local. HB 1410. By Representatives Greene of the 130th, Auten of the 156th, Bargeron of the 108th, Mangum of the 57th, Moultrie of the 93rd and others: A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Anno tated, relating to general provisions affecting penal institutions, so as to pro vide that in any motor vehicle in which a person who is arrested for, accused 184 JOURNAL OF THE HOUSE, of, charged with, or convicted of a crime is being transported, such person shall ride in the rear seat and there shall be a partition between the front and rear seats. Referred to the Committee on Public Safety. HB 1411. By Representatives Balkcom of the 140th, Hooks of the 116th, Royal of the 144th, Branch of the 137th, Reaves of the 147th and others: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxation, so as to exempt from sales and use taxation fuel used for purposes of drying peanuts and drying or curing tobacco. Referred to the Committee on Ways & Means. HB 1412. By Representatives Thomas of the 69th and Lee of the 70th: A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Anno tated, relating to preferential ad valorem tax assessment of tangible real property devoted to bona fide agricultural purposes, so as to provide for an alternative tax penalty in cases where a covenant to maintain eligible prop erty in agricultural use is breached solely as a result of a medically demon strable illness or disability. Referred to the Committee on Ways & Means. HB 1413. By Representatives Dobbs of the 74th, Lane of the lllth, Jackson of the 65th, Lupton of the 25th, Byrd of the 153rd and others: A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide that it shall be unlawful for any wholesale distributor or retailer to sell or offer for sale any carbonated soft drink or malt beverage in a metal container which includes a metal part which must be detached to open the container. Referred to the Committee on Industry. HB 1414. By Representatives Lawson of the 9th and Thomas of the 69th: A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Anno tated, relating to magistrate courts, so as to create The Council of Magistrate Court Judges of Georgia; to provide for the council's composition; to provide for officers and an executive committee; to provide for the organization and administration of the council. Referred to the Committee on Judiciary. HB 1415. By Representative Ramsey of the 3rd: A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions concerning local governments, so as to repeal the requirement of the submission of sworn returns by certain officers. Referred to the Committee on Judiciary. TUESDAY, JANUARY 28, 1986 185 HB 1416. By Representatives Ramsey of the 3rd and Williams of the 6th: A bill to amend Part 5 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to jury leave for teachers, so as to pro vide that teachers shall be allowed leave for the purpose of testifying in cases arising out of their duties as teachers. Referred to the Committee on Judiciary. HB 1417. By Representative Ramsey of the 3rd: A bill to amend Code Section 17-5-52 of the Official Code of Georgia Anno tated, relating to the sale or destruction of weapons used in the commission of a crime, so as to provide that the judge having jurisdiction may order the retention of a weapon for official use by a state agency or political subdivi sion of the state. Referred to the Committee on Judiciary. HB 1418. By Representatives Ramsey of the 3rd and Williams of the 6th: A bill to amend Code Section 5-6-13 of the Official Code of Georgia Anno tated, relating to the granting of supersedeas in cases of contempt, so as to allow the trial court judge discretion to grant or refuse a supersedeas in subsequent convictions of contempt involving repetitions of the conduct which formed the basis for the first conviction of contempt. Referred to the Committee on Judiciary. HB 1419. By Representative Ramsey of the 3rd: A bill to amend Code Section 15-10-105 of the Official Code of Georgia Annotated, relating to the selection, compensation, and eligibility of clerks of magistrate courts, so as to change the minimum age requirement for clerks of magistrate courts. Referred to the Committee on Judiciary. HB 1420. By Representative Ramsey of the 3rd: A bill to amend Code Section 31-7-250 of the Official Code of Georgia Anno tated, relating to definitions concerning criminal records checks for directors and employees of personal care homes, and Code Section 49-5-60 of the Offi cial Code of Georgia Annotated, relating to definitions concerning criminal records checks for directors and employees of day-care centers, so as to authorize the department to establish records search fees. Referred to the Committee on Judiciary. HB 1421. By Representatives Ramsey of the 3rd and Williams of the 6th: A bill to amend Chapter 2 of Title 49 of the Official Code of Georgia Anno tated, relating to powers and duties of the department, commissioner, and board of human resources, so as to authorize the department to receive rele vant conviction data and pleas of nolo contendere for purposes of conducting criminal records checks on certain applicants for employment and provide for methods, conditions, and procedures relating thereto. Referred to the Committee on Judiciary. 186 JOURNAL OF THE HOUSE, HB 1422. By Representative Ramsey of the 3rd: A bill to amend an Act providing a new charter for the City of Chatsworth, so as to provide the date on which the mayor and aldermen shall take office following their election. Referred to the Committee on State Planning & Community Affairs - Local. HB 1423. By Representatives Ramsey of the 3rd and Williams of the 6th: A bill to amend Code Section 43-13-6 of the Official Code of Georgia Anno tated, relating to issuance of licenses to and renewal of licenses of operators of driver training schools, so as to change the provisions relating to renewal of licenses. Referred to the Committee on Motor Vehicles. HB 1425. By Representatives Lawler of the 20th, Steinberg of the 46th, Robinson of the 58th and Athon of the 57th: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide a comprehensive state-wide regulatory framework for land use planning and development; to establish the Georgia Land Use and Development Commission and provide for its officers, powers, and duties. Referred to the Committee on State Planning & Community Affairs. HB 1426. By Representatives Lawler of the 20th and Cooper of the 20th: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Anno tated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to change the provisions relating to proceedings upon cancellation of insurance; to change the provisions relating to proceedings upon conviction of person for operating a motor vehicle without insurance or for false certifi cation of insurance. Referred to the Committee on Motor Vehicles. HB 1427. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: 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 power of the General Assembly to provide by law for the exercise of the power of taxation in Hall County. Referred to the Committee on State Planning & Community Affairs - Local. HB 1428. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: 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 a civil service system of personnel administration for Hall County. Referred to the Committee on State Planning & Community Affairs - Local. HB 1429. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: TUESDAY, JANUARY 28, 1986 187 A bill to authorize the governing authority of Hall County to continue to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county. Referred to the Committee on State Planning & Community Affairs - Local. HB 1430. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: 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 Gainesville and Hall County Development Authority and the powers, duties, and members of the authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 1431. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia the constitutional amendments which relate to the composi tion and operation of the Hall County board of education. Referred to the Committee on State Planning & Community Affairs - Local. HB 1432. By Representatives Jackson of the 9th, Wood of the 9th, Walker of the 115th and Lawson of the 9th: A bill to amend Code Section 33-34-12 of the Official Code of Georgia Anno tated, relating to operating a motor vehicle without insurance, so as to change the penalty to be imposed on persons operating a motor vehicle with out insurance. Referred to the Committee on Motor Vehicles. HB 1433. By Representative Aiken of the 21st: A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass and related offenses, so as to provide that under certain circumstances a person who parks, stands, or operates a motor vehicle in a privately owned parking area provided by a merchant or merchants for the use of customers commits the offense of criminal trespass by motor vehicle; to provide for punishment. Referred to the Committee on Special Judiciary. HB 1434. By Representatives Alien of the 127th, Hamilton of the 124th, Triplett of the 128th, Mueller of the 126th and Kingston of the 125th: A bill to provide for freezing the ad valorem tax assessment of certain reno vated real property in the Historic Savannah District. Referred to the Committee on State Planning & Community Affairs - Local. HB 1435. By Representatives Ware of the 77th, Robinson of the 96th, Buck of the 95th, Wood of the 9th, Thomas of the 69th and others: A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Anno tated, relating to regulated professions and businesses in general and to state 188 JOURNAL OF THE HOUSE, examining boards, so as to provide that each state examining board, through the joint-secretary of the state examining boards, shall maintain a central file on each person who holds a license, certificate, or other similar authority from the state examining board. Referred to the Committee on State Planning & Community Affairs. HB 1436. By Representatives Bolster of the 30th and Dean of the 29th: A bill to amend Chapter 61 of Title 36 of the Official Code of Georgia Anno tated, relating to urban redevelopment, so as to provide for applicability; to provide for rent suspension periods while dwellings are unfit or imperil health, safety, or morals; to provide for payment of rent into escrow accounts; to provide for the disposition of funds in such escrow accounts. Referred to the Committee on Judiciary. HB 1437. By Representatives Bolster of the 30th and McKinney of the 35th: A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of property, so as to provide for the effect on the rate of a real property tax levy when assessment of real prop erty results in a tax increase in counties, municipalities, or school districts of this state located wholly or partially within counties of this state having a population of 550,000 or more. Referred to the Committee on Ways & Means. HB 1438. By Representatives Watson of the 114th, Hooks of the 116th and Byrd of the 153rd: A bill to amend Chapter 17 of Title 43 of the Official Code of Georgia Anno tated, relating to professional fund raisers and professional solicitors, so as to change the amount of the registration fee required of a charitable orga nization; to change the provisions relating to reports required of charitable organizations and professional fund raisers; to require the payment of certain fees in connection with reports. Referred to the Committee on Industry. HB 1439. By Representatives Watson of the 114th, Hooks of the 116th and Byrd of the 153rd: A bill to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to provide that failure to comply with certain requirements in promotional giveaways or contests shall be unfair or deceptive acts or practices. Referred to the Committee on Industry. HB 1440. By Representative Lucas of the 102nd: A bill to amend Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to defenses to tort actions, generally, so as to provide that certain persons who manufacture, distribute, or sell alcoholic beverages or any employee of such person shall be immune from certain civil liability. Referred to the Committee on Judiciary. TUESDAY, JANUARY 28, 1986 189 HB 1441. By Representative Mostiler of the 75th: A bill to amend Code Section 20-2-850 of the Official Code of Georgia Anno tated, relating to sick leave for teachers and other personnel, so as to change cross references to other laws and to provide for other matters relative thereto. By unanimous consent, HB 1441 was ordered engrossed. Referred to the Committee on Education. HB 1442. By Representatives Robinson of the 58th, Richardson of the 52nd, Aaron of the 56th, Childs of the 53rd, Redding of the 50th 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 author ity of the Board of Education of DeKalb County to establish, acquire, con struct, maintain, and operate a junior college; to provide the authority for this Act. Referred to the Committee on State Planning & Community Affairs - Local. HB 1443. 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 City of Covington Parking Authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 1444. By Representatives Lane of the lllth, Godbee of the 110th, Murphy of the 18th, Parrish of the 109th, Coleman of the 118th and others: A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to authorize and direct the commissioner of revenue to design a special distinctive license plate for Georgia Southern College. Referred to the Committee on Motor Vehicles. HB 1445. By Representatives Isakson of the 21st and Williams of the 6th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxes, so as to exempt from such tax the sale of oxygen when prescribed by a physician. By unanimous consent, HB 1445 was ordered engrossed. Referred to the Committee on Ways & Means. HR 569. By Representatives Lane of the 27th, Colbert of the 23rd and Adams of the 36th: A resolution creating the House Solid Waste Disposal Site Selection Study Committee. Referred to the Committee on Rules. !90 JOURNAL OF THE HOUSE, HR 570. By Representative Yeargin of the 14th: A resolution compensating Mr. Mickey Palmer. Referred to the Committee on Appropriations. HR 571. By Representative Lawler of the 20th: A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall by law provide for the adoption of plans and the exercise of the power of zoning by the governing authority of each county and municipality and shall by general law provide procedures for the exercise of such powers. Referred to the Committee on State Planning & Community Affairs. HR 572. By Representative Reaves of the 147th: A resolution authorizing the conveyance of certain state owned real property located in Brooks County, Georgia, to the Brooks County Board of Commis sioners. Referred to the Committee on State Institutions & Property. HR 573. By Representatives Buck of the 95th, Burruss of the 20th, Coleman of the 118th, Lee of the 72nd, Phillips of the 120th and others: A resolution creating the University System Laboratory, Equipment, and Eminent Scholars Endowment Study Committee. Referred to the Committee on Rules. HR 577. By Representative Stancil of the 66th: A resolution creating a Joint Liability Insurance Study Committee. Referred to the Committee on Rules. HR 585. By Representatives Smith of the 152nd, Moody of the 153rd and Byrd of the 153rd: A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey certain state owned real property located in Brantley County, Georgia. Referred to the Committee on State Institutions & Property. 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 1468. By Representative Byrd of the 153rd: A bill to amend Code Section 31-7-1 of the Official Code of Georgia Anno tated, relating to definitions regarding the regulation and construction of hospitals, so as to include freestanding infirmaries in the definition of an institution. Referred to the Committee on Health & Ecology. HB 1469. By Representatives Kilgore of the 42nd, Burruss of the 20th, Wilson of the 20th, Peters of the 2nd, Coleman of the 118th and others: TUESDAY, JANUARY 28, 1986 191 A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, so as to provide that such taxes may be imposed for any combination of previously authorized purposes; to provide that such taxes may be imposed for the purpose of certain water, sewer, or water and sewer capital outlay projects to be owned and operated by a county water and sewer district and one or more municipalities. Referred to the Committee on Ways & Means. HB 1471. By Representatives Thomas of the 69th, Chambless of the 133rd, Robinson of the 96th, Wood of the 9th and Ware of the 77th: A bill to amend Chapter 33 of Title 36 of the Official Code of Georgia Anno tated, relating to the liability of municipal corporations for acts or omissions of officers, so as to provide that the policy of the State of Georgia is to pre serve sovereign immunity of municipalities; to provide for settlement of cer tain claims. Referred to the Committee on Judiciary. HB 1472. By Representatives Thomas of the 69th and Waldrep of the 80th: A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to the crime of operating a motor vehicle under the influence of alcohol or drugs, so as to provide that any recorder's, or police court of any municipality shall be authorized to sentence persons convicted of violat ing any provision of said Code section to imprisonment in the jail or any other correctional institution of the county in which the offense was commit ted. 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 1381 HB 1382 HB 1383 HB 1384 HB 1385 HB 1386 HB 1387 HB 1388 HB 1424 HR 566 HR 567 HR 568 SB 324 SB 353 SB 359 SB 367 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 House and has instructed me to report the same back to the House with the following recommendation: HB 969 Do Pass Respectfully submitted, M Ross of the 82nd Chairman 192 JOURNAL OF THE HOUSE, 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: HB 1282 Do Pass, by Substitute HB 1323 Do Pass HB 1343 Do Pass Respectfully submitted, /s/ Watson of the 114th Chairman Representative Randall of the 101st District, Vice-Chairman of the Committee on Special Judiciary, submitted the following report: Mr. Speaker: Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation: HB 908 Do Pass Respectfully submitted, /s/ Randall of the 101st Vice-Chairman Representative Richardson of the 52nd District, Chairman of the Sub-Committee on Local Legislation of the State Planning & Community Affairs Committee, 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 1328 Do Pass Respectfully submitted, /s/ Richardson of the 52nd Sub-Committee Chairman Representative Triplett of the 128th District, Chairman of the Committee on Trans portation, submitted the following report: Mr. Speaker: Your Committee on Transportation 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 1382 Do Pass, as Amended HB 1242 Do Pass HR 330 Do Pass TUESDAY, JANUARY 28, 1986 193 Respectfully submitted, /s/ Triplett of the 128th Chairman By unanimous consent, the following Bill of the House was taken up for consideration and read the third time: HB 1328. By Representative Hudson of the 117th: A bill to amend an Act placing the sheriff of Pulaski County upon an annual salary, so as to change the salary provisions relating to deputy sheriffs; to provide for an additional deputy sheriff. The report of the Committee, which was favorable to the passage of the Bill, was 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: SB 316. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th: A bill to amend Chapter 7 of Title 52 of the Official Code of Georgia Anno tated, relating to registration, operation and sale of watercraft, so as to pro hibit the operation of any vessel and the manipulation or use of any water skis, aquaplane, surfboard, or similar device by any person whose ability is impaired by alcohol or drugs; to specify the level of alcohol at which a person shall be considered under the influence. SB 343. By Senators Greene of the 26th, Dean of the 31st, Coleman of the 1st and others: A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to author ize the governing authority of any county or municipality of this state to establish and provide for a special enforcement unit for the sole purpose of providing adequate enforcement of certain handicapped parking statutes. SB 344. By Senator Engram of the 34th: A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to bail for criminal offenses, so as to add the offense of aggra vated sodomy to the list of offenses which are bailable only before a judge of the superior court; to add aggravated sodomy to the list of offenses for which persons are not entitled to bail if they have previously been convicted of such an offense or are charged with such an offense. The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House: 194 JOURNAL OP THE HOUSE, HR 544. By Representatives Colwell of the 4th, Hays of the 1st, Jackson of the 9th, Oliver of the 121st, Cox of the 141st and others: A resolution recognizing the Southern States Correctional Association on the occasion of its seventeenth anniversary and annual training conference. The Senate has passed by the requisite constitutional majority the following Bill of the Senate: SB 339. By Senator Deal of the 49th: A bill to amend Code Section 17-11-4 of the Official Code of Georgia Anno tated, relating to assessment of costs against prosecutors of criminal proceed ings, so as to provide that a magistrate may, in his discretion, assess costs against a prosecutor when at a committal hearing the action is dismissed for want of probable cause. The Speaker Pro Tem assumed the Chair. Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 595. By Representative Logan of the 67th: 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 a notice to a taxpayer of a change made in his return shall include a form for the taxpayer to use in appealing the assessment. The following Committee substitute was read and adopted: A BILL To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to provide that a written objection to an assessment received by a county board of tax assessors shall be deemed a notice of appeal by the tax payer under the legally recognized grounds; 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 48-5-311 of the Official Code of Georgia Annotated, relat ing to county boards of equalization, is amended by striking in its entirety paragraph (2) of subsection (e) of said Code section and inserting in its place a new paragraph (2) to read as follows: "(2) An appeal shall be effected by filing with the county board of tax assessors a notice of appeal within the time provided by law. T-he notice ef appeal shall specifically state the grounds for appeal. A written objection to an assessment received by a county board of tax assessors shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax assessors shall review the valuation or denial in question and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Code Section 48-5-306. If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall certify the notice for appeal and all necessary papers to the county board of equal ization." TUESDAY, JANUARY 28, 1986 195 Section 2. This Act shall become effective on January 1, 1987. Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 115, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1175. By Representatives Childers of the 15th and Richardson of the 52nd: A bill to amend Code Section 43-33-21 of the Official Code of Georgia Anno tated, relating to the termination of the State Board of Physical Therapy, so as to provide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto. The following Committee substitute was read and adopted: A BILL To amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, relating to physical therapists, so as to change definitions; to limit consecutive terms of members of the State Board of Physical Therapy; to change qualifications of members of that board; to continue that board and provide for its later termination and the repeal of the laws relating thereto; to change the powers of that board; to delete provisions regarding initial terms of members of that board; to change requirements for licensure as a physical thera pist or physical therapist assistant; to change certain provisions regarding examinations and temporary licenses; 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 33 of Title 43 of the Official Code of Georgia Annotated, relat ing to physical therapists, is amended by striking paragraph (7) of Code Section 43-33-3, relating to definitions, and inserting in its place a new paragraph (7) to read as follows: "(7) 'Physical therapy' means the examination, treatment, and instruction of human beings to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily malfunction and pain from injury, disease, and any other bodily and mental conditions and includes the administration, interpretation documentation, and evaluation of tests and measurements of bodily functions and structures; the planning, administration, evaluation, and modification of treatment and instruction, including the use of physical measures, activities, and devices, for preventative and therapeutic purposes; and the provision of consultative, educational, and other advisory services for the purpose of pre venting or reducing the incidence and severity of physical disability, bodily malfunction, and pain." Section 2. Said chapter is further amended by striking Code Section 43-33-5, relat ing to appointment of board members, and inserting in its place a new Code section to read as follows: "43-33-5. The board shall consist of six members, as provided in Code Section 43-33-6, each of whom shall be appointed by the Governor, approved by the Secretary of State, and confirmed by the Senate for a term of three years and until a successor is appointed and qualified. Vacancies on the board shall be filled by the Governor's appointment of a successor to serve out the unexpired term. The Governor, after notice and opportunity for hearing, may remove any member of the board for neglect of duty, 196 JOURNAL OF THE HOUSE, incompetence, revocation or suspension of license of those licensee members, or other dishonorable conduct. No person shall serve more than two consecutive full terms as a member of the board." Section 3. Said chapter is further amended by striking Code Section 43-33-6, relat ing to qualifications of members, and inserting in its place a new Code section to read as follows: "43-33-6. To be eligible for appointment to the board, a person must be a citizen of the United States and a resident of this state. Five members of the board shall be licen sees under this chapter who have practiced or taught physical therapy for at least five years. The sixth member shall be appointed from the public at large and shall have no connection whatsoever with the practice or profession of physical therapy. T-h initial term ef appointment fe the at-largc member shall begin Jaly 4; 1080, and shall expire (June tiu, lUouj tficrcaitcr, trie \j ovcrnor snail appoint successors lor a term of tnrcG years. Section 4. Said chapter is further amended by striking paragraph (4) of Code Section 43-33-10, relating to general powers of the board, and inserting in its place a new paragraph to read as follows: "(4) Investigate Initiate investigations of alleged or suspected violations of the provi sions of this chapter or other laws of this state pertaining to physical therapy and any rules and regulations adopted by the board. For this purpose, any board member or authorized inspector agent of the board shall have the power and right to enter and make reasonable inspection of any place where physical therapy is practiced;". Section 5. Said chapter is further amended by striking paragraph (3) of Code Section 43-33-12, relating to requirements for licensure as a physical therapist, and insert ing in its place a new paragraph (3) to read as follows: "(3) Is not disqualified to receive a license under the provisions of Code Section 43-33-18 or subsection (a) of Code Section 43-1-19." Section 6. Said chapter is further amended by striking paragraph (3) of Code Section 43-33-13, relating to requirements for licensure as a physical therapist assistant, and inserting in its place a new paragraph (3) to read as follows: "(3) Is not disqualified to receive a license under the provisions of Code Section 43-33-18 or subsection {a} of Code Section 48-1-19." Section 7. Said chapter is further amended by striking Code Section 43-33-14, relating to examinations generally, and inserting in its place a new Code section to read as follows: "43-33-14. The board shall at least twice each year examine and determine the competence of applicants to practice as physical therapists or as physical therapist assis tants by any method or procedure which the board deems necessary to test the applicant's qualifications." Section 8. Said chapter is further amended by striking subsection (b) of Code Section 43-33-17, relating to temporary licenses, and inserting in its place a new subsection to read as follows: "(b) A temporary license issued pursuant to this Code section shall expire after six months and be subject to renewal only upon good and exceptional cause shown, pro vided that a temporary license may not be renewed more than three twaes one time." Section 9. Said chapter is further amended by striking Code Section 43-33-21, relating to the termination of the State Board of Physical Therapy, and inserting in its place a new Code section to read as follows: "43-33-21. 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 Physical Therapy shall be terminated on July 1, 1986 1992, 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." TUESDAY, JANUARY 28, 1986 197 Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 11. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 111, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1177. By Representatives Childers of the 15th, Athon of the 57th and Richardson of the 52nd: A bill to amend Code Section 43-27-12 of the Official Code of Georgia Anno tated, relating to the termination of the State Board of Nursing Home Administrators, so as to provide for the continuation of that board but pro vide for the later termination of that board and the repeal of the laws relat ing thereto. The following Committee substitute was read and adopted: A BILL To amend Chapter 27 of Title 43 of the Official Code of Georgia Annotated, relating to nursing home administrators, so as to change the provisions relating to removal of mem bers from the State Board of Nursing Home Administrators; to change the general powers and duties of that board; to change the requirements for licensure; to change the reciproc ity provisions; to provide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto; to provide an effec tive date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 27 of Title 43 of the Official Code of Georgia Annotated, relat ing to nursing home administrators, is amended by striking subsection (b) of Code Section 43-27-2, relating to the creation of the State Board of Nursing Home Administrators, and inserting in its place a new subsection to read as follows: "(b) The term for all members shall be three years from the date of appointment. A member may be removed for eate by the Governor as provided in Code Section 43-1-17. All vacancies shall be filled by the Governor for the unexpired terms in accord ance with the requirements for appointment to the vacant position." Section 2. Said chapter is further amended by striking subsection (a) of Code Section 43-27-5, relating to general powers of the board, and inserting in its place a new subsection to read as follows: "{a)--The board \ L)--AJcvciop) iimposej And entorcc sumdctfus wftictt must oe met oy individuflis m designed te ensure that nursing home administrators will be individuals who are ef 5000 cndfflctep And ftfc otlietwise suitftole ctncf wtto, fjy t-pflimti^ of experience itt trie fieW ef institutional administration, are qualified te serve as nursing heme administra- C0P3J {S)--Develop and apply appropriate techniques, including examination and investi gations, for determining whether an individual meets saeh standards; 198 JOURNAL OF THE HOUSE, Issue licenses te individuals determined, after application ef seh techniques, to tiled sucn stflndfrrds &nd to revoKe OP suspend licenses pPCviously issued oy tially te have failed te conform te the requirements ef such standards; H)--Establish and carry eat procedures designed te ensure that individuals licensed fts nursing nome sdimnistrfttoFS will, during tny period t-nut iiiey serve fts sucftj comply with th requirements of such standards; {&)--Receive, investigate, ad take appropriate action with respect te; and including tjiie revocfl*ion of ft license tt ncccssflpy, ftny ctiflFfjje or compisint tiled witn tne ooflrd te comply with the requirements ef- seeh standards; {6)--Conduct a continuing study asd investigation of nursing homes and adminis trators ef- nursing homes within the state with a view te the improvement of the stan dards imposed for the licensing ef- saeh administrators and of procedures and methods for the enforcement ef saeh standards with respect te administrators ef nursing homes who have been licensed as saeh; and ?)--Adopt stteh rates and regulations as shaH be reasonably necessary for the iiTiiYijv7niltn?THYVicOnMi-/ftnttnirutri*i ci-itrini-u4 ocri>iifvVn/r-itt or\rf ftnKiins to estfloiisn, provide, oir dpprove vflrtous edUCQ11on pfo^fftms of courses *or home administrators and te prescribe rates and regulations requiring applicants for licenses fts nursing nome ftdittini&trfltors to sttcnd sucn pro^r&ms of courses fts ft preTM requisite te their being admitted to the examination or issaed a license and requiring licensed nursing Home administrators to attend sucn programs o^ courses as tt prcTM requisite te their being issued any license renewal. (a) The board shall have the following powers and duties: (1) To issue, renew, and reinstate the licenses of duly qualified applicants for licensure; (2) To deny, suspend, revoke, or otherwise sanction licenses to practice as a nurs ing home administrator; (3) To initiate investigations for the purpose of discovering violations of this chapter; (4) To conduct hearings upon charges into alleged violations of this chapter; (5) To prepare or approve all examinations for licensure as a nursing home admin istrator; (6) To develop, impose, and enforce standards which must be met by individuals in order to receive a license as a nursing home administrator; (7) To conduct a continuing study and investigation of nursing homes and admin istrators of nursing homes within the state for the purpose of improving the standards imposed for the licensing of such administrators; and (8) To adopt such rules and regulations as shall be reasonably necessary for the implementation and enforcement of this chapter. The board shall have the authority to establish, provide, or approve various education programs or courses for nursing home administrators and to prescribe rules and regulations requiring applicants for licenses as nursing home administrators to attend such programs or courses as a pre requisite to their being admitted to the examination or issued a license and requiring licensed nursing home administrators to attend such programs or courses as a pre requisite to their being issued any license renewal." Section 3. Said chapter is further amended by striking subsection (b) of Code Section 43-27-6, relating to requirements for licensure, and inserting in its place a new subsection to read as follows: "(b) The board shall issue licenses as nursing home administrators only to persons who: (1) Are at least 21 years of age; (2) Are of reputable and responsible character; (3) Are in seand physical and mental health; Reserved; TUESDAY, JANUARY 28, 1986 199 (4) Meet the standards and the criteria established by the board to evidence the applicant's qualifications by training and experience to operate a nursing home, pro vided that two years of experience working in a nursing home shall be equivalent to one year of any academic education and training requirements established by the board; and such experience may be substituted without limitation for such education and training requirements; and (5) Satisfactorily pass a written or oral examination, or both, designed approved by the board to determine the qualifications of the applicant to operate a nursing home." Section 4. Said chapter is further amended by striking Code Section 43-27-7, relat ing to reciprocity, and inserting in its place a new Code section to read as follows: "43-27-7. The board, in its discretion and otherwise subject to this chapter and the rules and regulations of the board promulgated thereunder prescribing the qualifications for a nursing home administrator license, may issue a license to a nursing home adminis trator who has been issued a license by the proper authorities of any state or issued a certificate of qualification by any national organization, upon payment of a fee to be fixed by the board and upon submission of evidence satisfactory to the board; 4i)--That that such other state or national organization maintains a system and standard of qualifications and examinations for a nursing home administrator license or certificate which is substantially equivalent to those required in this statef tatd . \)--l nat sucn otncr state gives similar recognition and endorsement to nursing home administrator licenses ef this stater" Section 5. Said chapter is further amended by striking Code Section 43-27-12, relating to the termination of the board, and inserting in its place a new Code section to read as follows: "43-27-12. 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 Nursing Home Administrators shall be terminated on July 1, 1986 1992, 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 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such 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, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 95, nays 4. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1173. By Representatives Childers of the 15th and Richardson of the 52nd: A bill to amend Code Section 43-10-20 of the Official Code of Georgia Anno tated, relating to the termination of the State Board of Cosmetology, so as to provide for the continuation of that board but provide for the later termi nation of that board and the repeal of the laws relating thereto. The following Committee substitute was read and adopted: A BILL To amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to change definitions; to change qualifications for members of the 200 JOURNAL OF THE HOUSE, State Board of Cosmetology and provide for removal of such members; to change the provisions authorizing practice pending release of examination results; to provide condi tions under which persons licensed to practice barbering may become eligible to take the master cosmetologist examination; to provide for the continuation of the State Board of Cosmetology but provide for the later termination of that board and the repeal of the laws relating thereto; to provide an effective date; to repeal conflicting laws; and for other pur poses. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relat ing to cosmetologists, is amended by striking subparagraph (A) of paragraph (4) of Code Section 43-10-1, relating to definitions, and inserting in its place a new subparagraph to read as follows: "(A) CutSj braids, or dresses the hair;". Section 2. Said chapter is further amended by striking subsections (a) and (e) of Code Section 43-10-2, relating to creation of the board of cosmetology, and inserting in their respective places new subsections (a) and (e) to read as follows: "(a) There is created the State Board of Cosmetology. The board shall consist of eight members who shall have bee citizens of th United States and be residents of this state for at teas* five years immediately prief te thw appointment. The board shall have the duty of carrying out and enforcing this chapter. (e) Board members shall be appointed by the Governor for a term of three years and until their successors are appointed and qualified. Vacancies shall be filled by the Governor for the unexpired portion of the term. The board may do all things necessary for carrying this chapter into effect and may, from time to time, promulgate necessary rules and regulations compatible with this chapter. The Governor may remove any board member for cause as provided in Code Section 43-1-17." Section 3. Said chapter is further amended by striking subsection (c) of Code Section 43-10-9, relating to application for certificate of registration, which reads as fol lows: "(c) Any person approved for examination under this Code section shall be allowed to practice the occupation of cosmetology until the next examination that the applicant is scheduled to take. The board shall issue a permit authorizing such person so to prac tice until such examination. Thereafter, no further such permit shall be renewed or issued to the person to authorize such practice.", and inserting in its place a new subsection to read as follows: "(c) An approved applicant for examination under this Code section may be issued a work permit authorizing said applicant to practice such occupation until the release of the results of the examination for which the applicant is scheduled. If the applicant fails to appear for the examination, the work permit shall be revoked unless the appli cant provides just cause to the board as to why the applicant was unable to appear for the examination." Section 4. Said chapter is further amended by adding at the end of Code Section 43-10-9, relating to application for certificate of registration, a new subsection (h) to read as follows: "(h) A person licensed to practice barbering under Chapter 7 of this title shall be eligible to take the master cosmetologist examination provided for in this Code section if that person completes a board approved 300 hour prescribed course in an approved cosmetology school, submits a completed application, and pays the proper fees estab lished by the board." TUESDAY, JANUARY 28, 1986 201 Section 5. Said chapter is further amended by striking Code Section 43-10-20, relating to termination of the State Board of Cosmetology, and inserting in its place a new Code section to read as follows: "43-10-20. 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 Cosmetology shall be terminated on July 1, 1086 1992, 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 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such 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, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 98, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1219. By Representatives Childers of the 15th and Richardson of the 52nd: A bill to amend Code Section 43-7-27 of the Official Code of Georgia Anno tated, relating to the termination of the State Board of Barbers, so as to pro vide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto. The following Committee substitute was read and adopted: A BILL To amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to delete certain provisions regarding initial terms of the State Board of Barbers and provide for subsequent terms; to provide for work permits; to provide condi tions under which certain cosmetologists are eligible to take certain barbering exami nations; to change certain barbershop licensing requirements; to change certain provisions regarding licensure to teach barbering and to practice barbering as an apprentice; to delete provisions regarding temporary licenses; to provide for the continuation of the State Board of Barbers but to provide for the later termination of that board and the repeal of the laws relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, is amended by striking subsection (a) of Code Section 43-7-4, creating the State Board of Barbers, and inserting in its place a new subsection (a) to read as follows: "(a) There is created a State Board of Barbers. The board shall consist of six mem bers, each of whom shall be appointed by the Governor, approved by the Secretary of State, and confirmed by the Senate. Five of the members shall be barbers and snaS be appointed initially as follows: two members for two-year terms and until their successors are appointed and qualified; three members for three-year terras and until their succcs- SOPS tttG flppOlfltCCi 8Hu QUdilllCQ. "I llftrCfltitCF} ftn H1WHDCPS Sflflll OC d ppOl 11 tCG I Of t6HH9 ef three years and until their successors are appointed and qualified. The sixth member shall be appointed from the public at large and shall have no connection whatsoever 202 JOURNAL OF THE HOUSE, with the profession of barbering. The initial term for the sixth member shaH expire Jtme successors shftll toft ftppointed rfjf ft term* OT three yeflrs.1 All shall be for three years. Upon the expiration of the term of office, a member shall con tinue to serve until a successor is appointed and qualified." Section 2. Said chapter is further amended by striking subsection (b) of Code Section 43-7-11, relating to barbering licensure requirements, and inserting in its place a new subsection (b) to read as follows: "(b)--AH persons making application for examination tinder this Code section shall be allowed te practice the occupation ef barbering until the next meeting ef the feeard held for the examination of the applicants, and the beard shaH issue a permit authorizing them te practice such occupation. (b) An approved applicant for examination under this Code section may be issued a work permit authorizing said applicant to practice such occupation until the results of the examination for which the applicant is scheduled are released. If the applicant fails to appear for the examination, the work permit shall be revoked unless the appli cant provides just cause to the board why he was unable to appear for the examination." Section 3. Said chapter is further amended by adding following Code Section 43-7-11.1, a new Code section to read as follows: "43-7-11.2. A person licensed as a master cosmetologist under Chapter 10 of this title shall be eligible to take the examination provided for in Code Section 43-7-11 if that person completes a board approved 300 hour prescribed course in a barbering school, submits a complete application, and pays the proper fees established by the board." Section 4. Said chapter is further amended by striking paragraph (2) of Code Section 43-7-12, relating to barbershop licensing requirements, and inserting in its place a new paragraph (2) to read as follows: "(2) Does not train more than two one apprentices at any one time each ef whom which apprentice shall be under the supervision of a master barber; and". Section 5. Said chapter is further amended by striking paragraph (2) of Code Section 43-7-13, relating to requirements for licensure to teach barbering and inserting in its place a new paragraph (2) to read as follows: ceding application for license te teach barbering; Reserved;". Section 6. Said chapter is further amended by striking Code Section 43-7-16, relat ing to requirements for license to practice barbering as an apprentice, and inserting in its place a new Code section to read as follows: "43-7-16. (a) A license to practice barbering as an apprentice shall be issued to any person who shall furnish the board: (1) Evidence that he will practice under the supervision of a licensed barber with at least 18 months' experience in the practice of barbering; and (2) Evidence that he has completed the fifth grade of school instruction or its equivalent. (b) A license to practice barbering as an apprentice shall not be renewed more than three times one time." Section 7. Said chapter is further amended by striking Code Section 43-7-22, relat ing to temporary licenses, and inserting in its place a new Code section to read as follows: "43-7-22. !Fhe beard shall have the authority te issae temporary licenses te licensed DftPDefs ftrid teflcncrs IPORI other stcites &nd countries to te&ch flud demonstrate the flPt ef harboring. Stteh temporary licenses shall fee restricted te prescribed dates and places bat in ne instance shall be valid fer mere than five days? Reserved." TUESDAY, JANUARY 28, 1986 203 Section 8. Said chapter is further amended by striking Code Section 43-7-27, relat ing to the termination of the board, and inserting in its place a new Code section to read as follows: "43-7-27. 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 Barbers shall be terminated on July 1, 1986 1992, 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 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 10. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 102, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1205. By Representatives Lawler of the 20th, Johnson of the 72nd, Parrish of the 109th and Clark of the 13th: A bill to amend Article 7 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to allowances and benefits under the Employees' Retirement System of Georgia, so as to provide for a maximum retirement allowance for all classifications of new members of the retirement system. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 91, nays 4. The Bill, having received the requisite constitutional majority, was passed. HB 1209. By Representatives Lawler of the 20th, Johnson of the 72nd, Parrish of the 109th and Clark of the 13th: A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances and other benefits under the Teachers Retirement System of Georgia, so as to provide for a maximum retirement allowance for new members for all purposes under the retirement system. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 102, nays 10. The Bill, having received the requisite constitutional majority, was passed. HB 289. By Representatives Couch of the 40th, Martin of the 26th and Kilgore of the 42nd: A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions regarding hearsay evidence, 204 JOURNAL OF THE HOUSE, so as to authorize certain hearsay statements made by certain children regarding sexual contact or physical abuse. The following amendment was read and adopted: The Committee on Judiciary moves to amend HB 289 by inserting on line 15 of page 1 between "evidence" and "if the following: "by the testimony of the person or persons to whom made". 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 112, nays 2. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1127. By Representative Burruss of the 20th: A bill to amend Chapter 7 of Title 20 of the Official Code of Georgia Anno tated, 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. The report 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 1. The Bill, having received the requisite constitutional majority, was passed. HB 509. By Representatives Isakson of the 21st, Barnett of the 59th and Wood of the 9th: A bill to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions and deferral, so as to provide for the exemption from ad valorem taxation the homestead of cer tain disabled veterans and their families. The report 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 Lane of the 27th wished to be recorded as voting "aye" on the passage of HB 509. HB 648. By Representative Chambless of the 133rd: A bill to amend Code Section 45-8-12 of the Official Code of Georgia Anno tated, relating to bond by depositories, so as to authorize collecting officers and officers holding public funds to accept the guarantee or insurance of accounts of the National Credit Union Share Insurance Fund or the Georgia Credit Union Deposit Insurance Corporation. TUESDAY, JANUARY 28, 1986 205 The report of the Committee, which was favorable to the passage of the Bifl, was agreed to. On the passage of the Bill, the ayes were 101, nays 2. The Bill, having received the requisite constitutional majority, was passed. The Speaker assumed the Chair. HB 1286. By Representatives Walker of the 115th, Lee of the 72nd, Burruss of the 20th, Connell of the 87th, Richardson of the 52nd and others: A bill to amend Code Section 21-5-5.1 of the Official Code of Georgia Anno tated, relating to the disclosure of financial interests by candidates for cer tain public offices, so as to provide that the requirement to file a disclosure of financial interests report shall apply to every candidate who qualifies for nomination or election as a member of the General Assembly of Georgia. The following amendment was read and adopted: The Committee on Rules moves to amend HB 1286 by adding on line 12 of page 1 after the following: "fee;", the following: "to provide that the requirement to disclose certain interest shall not include interest in certain intangibles;". By adding after line 31 of page 2 the following: "Section 4. Said Code section is further amended by striking subparagraph (B) of paragraph (3) of subsection (c) and inserting in lieu thereof a new subparagraph (B) to read as follows: '(B) Intangible property, including the type of such property, exclusive of that listed under paragraph (2) of this subsection and exclusive of any ownership interest in any public or private retirement or pension fund, account, or system and exclusive of any ownership interest in any public or private life insurance contract or any bene fit, value, or proceeds thereof.'" By striking from line 1 of page 3 the number "4" and inserting in lieu thereof the number "5". By striking from line 4 of page 3 the number "5" and inserting in lieu thereof the number "6". And to further amend HB 1286 by adding on line 12 of page 1 after the following: "fee;", the following: "to provide for the ascertainment of the fair market value of real property;". By adding after line 31 of page 2 the following: "Section 4. Said Code section is further amended by striking subparagraph (A) of paragraph (3) of subsection (c) and inserting in lieu thereof a new subparagraph (A) to read as follows: 206 JOURNAL OF THE HOUSE, '(A) Real property, including the county and state in which such property is located; and for purposes of this subparagraph, the fair market value shall be the appraised value of the real property for ad valorem tax purposes; and"'. 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 Y Argo Y Athon Y Atkins Y Auten Bailey Y Balkcora Y Bannister N Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks N Brown.G 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 N Daugherty YDavis YDean Y Dijon Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster YGaler Y Godbee Y Goodwin Y Greene Y Greer N Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,,! 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 Under YLogan YLong NLord Lucas Y Lupton Y Maddo* Y Mangum Y Martin.C Y Martin^ Matthews Y McDonald Y McKelvey McKinney YMilam N Milford N Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Patten Y Peters Y 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 Robinson.C Y Robinson,P NRoss Y Royal Y Russell YSelman Y Shepard N 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 Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts N 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 160, nays 10. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Holmes of the 28th 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 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 House and has instructed me to report the same back to the House with the following recommendation: HB 1236 Do Pass, by Substitute TUESDAY, JANUARY 28, 1986 207 Respectfully submitted, kl 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 Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations: HB 1258 Do Pass, as Amended HB 1212 Do Pass, by Substitute HB 1317 Do Pass, as Amended HB 1360 Do Pass HB 1066 Do Pass HB 1377 Do Pass, by Substitute HB 1335 Do Pass, by Substitute Respectfully submitted, /s/ 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1142 Do Pass HB 1143 Do Pass, by Substitute HB 1144 Do Pass HB 1145 Do Pass, by Substitute HB 1280 Do Pass, as Amended HR 363 Do Pass, by Substitute Respectfully submitted, /s/ Phillips of the 120th Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 795 Do Pass HB 1152 Do Pass HB 1193 Do Pass HB 1203 Do Pass, as Amended HB 1225 Do Pass, as Amended HB 1293 Do Pass, by Substitute HR 515 Do Pass Respectfully submitted, /s/ Adams of the 36th Chairman Representative Bray of the 91st District, Chairman of the Committee on State of Republic, submitted the following report: 208 JOURNAL OF THE HOUSE, Mr. Speaker: Your Committee on State of Republic has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations: HB 440 Do Pass, by Substitute HB 1215 Do Pass HB 1314 Do Pass HB 1339 Do Pass HB 787 Do Pass HB 1338 Do Pass, by Substitute Respectfully submitted, fsl Bray of the 91st Chairman 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. WEDNESDAY, JANUARY 29, 1986 209 Representative Hall, Atlanta, Georgia Wednesday, January 29, 1986 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. A leave of absence was granted to Representative Robinson of the 58th for January 28, 29 and 30. Representative Robinson of the 58th requested that the following statement be recorded in the Journal: House of Representatives Atlanta, Georgia January 27th, 1986 Please let the record show that my absence on January 28, 29 and 30 is because I will be at Camp Le Jeune, North Carolina in response to a request from the United States Marine Corps to participate in certain activities there. Is/ Cas Robinson Prayer was offered by the Reverend David H. Jackson, Sr., Pastor, Cosmopolitan A.M.E. Church, Atlanta, 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. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees: 210 JOURNAL OF THE HOUSE, HB 1446. By Representative Wood of the 9th: A bill to amend Code Section 20-3-374 of the Official Code of Georgia Anno tated, relating to the service cancelable loan fund and authorized types of service cancelable educational loans, so as to change the eligibility require ments for service cancelable educational loans to residents of Georgia who are members of the Georgia National Guard. Referred to the Committee on Defense & Veterans Affairs. HB 1447. By Representatives Steinberg of the 46th, Pannell of the 122nd, Mueller of the 126th, Walker of the 115th, Randall of the 101st and others: A bill to amend Code Section 19-13-1 of the Official Code of Georgia Anno tated, relating to the definition of family violence, so as to change such definition. Referred to the Committee on Judiciary. HB 1448. By Representative Godbee of the 110th: A bill to amend an Act to incorporate the Town of Register and to provide a charter therefor, so as to change certain provisions relating to the town boundaries. Referred to the Committee on State Planning & Community Affairs - Local. HB 1449. By Representative Chance of the 129th: A bill to further define and prescribe the powers and duties of the Effingham County Industrial Development Authority; to provide that the governing authority of Effingham County shall not be required to levy and collect an ad valorem tax for the authority; to provide for the exercise of the powers and duties of the authority; to provide for the membership of the authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 1450. By Representative Carter of the 146th: 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 Adel to issue refunding bonds and which authorizes the City of Adel to issue general obligation bonds for certain systems without regard to debt limita tions. Referred to the Committee on State Planning & Community Affairs. - Local HB 1451. By Representative Carter of the 146th: 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 Berrien County Industrial Building Authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 1452. By Representatives Smith of the 16th, Childers of the 15th, Kilgore of the 42nd and McKelvey of the 15th: A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of tax laws, so as to change the WEDNESDAY, JANUARY 29, 1986 211 provisions relating to the rate of interest on past due taxes; to provide that the governing authority of any local taxing jurisdiction is authorized to increase the rate of interest on certain taxes. Referred to the Committee on Ways & Means. HB 1453. By Representative Copelan of the 106th: A bill to amend an Act creating the board of commissioners of Greene County, so as to provide for the method of election of the chairman and members of the board of commissioners of Greene County; to provide for dis tricts. Referred to the Committee on State Planning & Community Affairs - Local. HB 1454. By Representative Copelan of the 106th: A bill to provide for the board of education of Greene County; to provide for the method of election of the chairman and members of the board of edu cation of Greene County. Referred to the Committee on State Planning & Community Affairs - Local. HB 1455. By Representatives Davis of the 45th, Lawson of the 9th, Barnett of the 10th and Wall of the 61st: A bill to amend Code Section 16-8-12 of the Official Code of Georgia Anno tated, relating to punishments for certain theft offenses, so as to provide definitions; to provide punishments for theft offenses involving firearms. Referred to the Committee on Judiciary. HB 1456. By Representative White of the 132nd: A bill to amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure, so as to provide for a cooperative foreclosure sales process; to provide procedures; to provide for notice require ments; to provide for attorneys' fees and other costs; to provide that the fore closure, repossession, or confiscation of property without implementing certain provisions of law shall constitute a misdemeanor. Referred to the Committee on Judiciary. HB 1457. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th, Moultrie of the 93rd, Smyre of the 92nd and others: A bill to amend an Act abolishing the fee system in the Superior Courts of the Chattahoochee Judicial Circuit, as applied to the office of district attor ney, and providing for the payment of the salary of said district attorney, so as to provide for the appointment of two assistant district attorneys. Referred to the Committee on State Planning & Community Affairs - Local. HB 1458. By Representative McKinney of the 35th: A bill to provide for a $10,000.00 homestead exemption from all Fulton County and Fulton County School District ad valorem taxes for all residents of said county; to provide for procedures relative to such homestead exemp tion. Referred to the Committee on Ways & Means. 212 JOURNAL OF THE HOUSE, HB 1459. By Representatives Ray of the 98th and Walker of the 115th: A bill reincorporating the Town of Marshallville and making the same a city, so as to increase the amount of fines which may be imposed for violating an ordinance of the city. Referred to the Committee on State Planning & Community Affairs - Local. HB 1460. By Representatives Hooks of the 116th, Colbert of the 23rd, Bargeron of the 108th and Lord of the 107th: A bill to amend Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to cemeteries, so as to change the definition of burial merchandise; to eliminate the requirement that salespersons be regis tered; to provide for the preparation, maintenance, and inspection of records pertaining to employees of cemeteries and preneed dealers. Referred to the Committee on Industry. HB 1461. By Representatives Williams of the 6th, Ramsey of the 3rd and Foster of the 6th: 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, and operation of the Downtown Dalton Development Authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 1462. By Representative Triplett of the 128th: A bill to amend Part 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, so as to expand the powers of the foundation to include research and experimen tation and production and manufacture with respect to natural and synthetic fibers and materials. Referred to the Committee on Industry. HB 1463. By Representatives Ray of the 98th, Walker of the 115th and Hudson of the 117th: A bill to amend Code Section 40-8-111 of the Official Code of Georgia Anno tated, relating to general equipment requirements for school buses, so as to change exhaust system requirements. Referred to the Committee on Motor Vehicles. HB 1464. By Representatives Wilson of the 20th, Buck of the 95th, Alford of the 57th, Dover of the llth, Williams of the 6th and others: A bill to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection in connection with income tax refunds, so as to include within the definition of claimant agency certain state agencies and authorities for the purpose of the collection of debts arising under certain student loan and financial assistance programs. By unanimous consent, HB 1464 was ordered engrossed. Referred to the Committee on Ways & Means. WEDNESDAY, JANUARY 29, 1986 213 HB 1465. By Representatives Peters of the 2nd, Ramsey of the 3rd, Foster of the 6th, Williams of the 6th, Hays of the 1st and others: A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Anno tated, relating to county boards of health, so as to authorize and require county boards of health to adopt regulations providing standards and requirements governing the installation of septic tanks within the unincor porated areas of counties. Referred to the Committee on Health & Ecology. HB 1466. By Representatives Hill of the 83rd, Ransom of the 90th and Barnett of the 59th: A bill to amend Code Section 27-4-34 of the Official Code of Georgia Anno tated, relating to fishing with a bow and arrow, so as to authorize nongame fish to be taken by bow and arrow at night by the use of a light. Referred to the Committee on Game, Fish & Recreation. HB 1467. By Representative Ware of the 77th: A bill to amend an Act creating the Franklin-Heard County Water Authority, so as to authorize the authority to acquire, construct, operate, and maintain self-liquidating projects embracing the collection, treatment, and disposal of sewage and any related facilities; to remove the limitation on bonded indebtedness; to remove the limitation on the interest rate of such bonds. Referred to the Committee on State Planning & Community Affairs - Local. HB 1470. By Representatives Watts of the 41st and Murphy of the 18th: A bill to amend an Act to provide for the election of the members of the Board of Education of Paulding County, so as to provide for the appoint ment of the school superintendent by the board of education; to provide that the current school superintendent shall serve out the remainder of the term to which such school superintendent was elected. Referred to the Committee on State Planning & Community Affairs - Local. HB 1473. By Representatives Childs of the 53rd, Richardson of the 52nd, Williams of the 54th, Redding of the 50th, Aaron of the 56th and others: A bill to amend an Act providing an additional $2,000.00 homestead exemp tion from City of Decatur ad valorem taxes for certain residents of said city, so as to provide for an additional homestead exemption of $1,000.00 from City of Decatur ad valorem taxes for residents of said city who are 65 years of age or over. Referred to the Committee on State Planning & Community Affairs - Local. HB 1474. 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 providing a new charter for the City of Athens, so as to provide that the Mayor and Council of the City of Athens shall be authorized to establish and maintain a municipal court for the City of Athens; to provide for the jurisdiction of the court. Referred to the Committee on State Planning & Community Affairs - Local. 214 JOURNAL OF THE HOUSE, HB 1475. By Representative Childs of the 53rd: A bill to amend Code Section 19-7-20 of the Official Code of Georgia Anno tated, relating to what children are legitimate, so as to provide that a child whose father signs the certificate of birth before the same is filed shall be legitimate. Referred to the Committee on Judiciary. HB 1476. By Representatives Logan of the 67th, Argo of the 68th, Clark of the 13th and Milford of the 13th: A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Anno tated, relating to courts of municipal corporations, so as to provide that each municipal corporation of this state shall be authorized to establish and main tain a municipal court having jurisdiction over the enforcement of municipal ordinances and over such other matters as are by general law made subject to the jurisdiction of municipal courts. Referred to the Committee on Judiciary. HB 1477. By Representatives Logan of the 67th, Argo of the 68th, Clark of the 13th and Milford of the 13th: A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Anno tated, relating to magistrate courts, so as to authorize counties and munici palities to enter into contracts under which counties shall furnish municipal court services through the officers, personnel, and facilities of the magistrate courts; to authorize officers and personnel of magistrate courts to serve in municipal courts pursuant to such contracts. Referred to the Committee on Judiciary. HB 1478. By Representatives Dunn of the 73rd, Waldrep of the 80th and Smith of the 78th: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of superior court judges for each judicial cir cuit, so as to add one additional judge of the superior courts of the Flint Judicial Circuit. Referred to the Committee on Judiciary. HB 1479. By Representative Lord of the 107th: A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related insti tutions, so as to forbid certain hospitals and birthing centers from prohib iting certain midwives and nurse midwives from practicing midwifery in those hospitals and birthing centers. Referred to the Committee on Health & Ecology. HB 1480. By Representative Birdsong of the 104th: A bill to amend Part 5 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the election, qualifications, etc., of county tax officials, so as to provide for the filling of a vacancy in the office WEDNESDAY, JANUARY 29, 1986 215 of county tax receiver, tax collector, or tax commissioner; to provide for interim appointments; to provide for special elections. Referred to the Committee on State of Republic. HB 1481. By Representative Cooper of the 20th: A bill to amend Code Section 45-18-2 of the Official Code of Georgia Anno tated, relating to the establishment of a health insurance plan by the State Personnel Board, so as to provide that the coverage of the health insurance plan shall include any drugs, medicine, or other items which are taken or used for an illness or condition on the instructions of a doctor, whether or not the drugs, medicine, or other items are available only by prescription. Referred to the Committee on Insurance. HB 1482. By Representative Ware of the 77th: A bill to amend Code Section 34-9-151 of the Official Code of Georgia Anno tated, relating to definitions relative to group self-insurance funds for work ers' compensation, so as to change the definition of a municipality authorized to participate in a group workers' compensation self-insurance fund. Referred to the Committee on Insurance. HR 586. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th: A resolution authorizing the conveyance of certain state owned real property located in Lowndes County, Georgia, to the Lowndes County Board of Commissioners. Referred to the Committee on State Institutions & Property. HR 587. By Representative Colwell of the 4th: A resolution accepting the bid of Charles Alien Fields for the purchase of real property owned by the State of Georgia and located in Franklin County, Georgia. Referred to the Committee on State Institutions & Property. HR 588. By Representative Maddox of the 7th: A resolution designating the Roland Hayes Parkway. Referred to the Committee on Transportation. HR 589. By Representatives Wilson of the 20th, Jackson of the 9th, Martin of the 60th, Crosby of the 150th, Dixon of the 151st and others: A resolution creating the House Study Committee on Motor Vehicle Taxa tion. Referred to the Committee on Rules. HR 590. By Representative Hamilton of the 124th: A resolution creating the House After School Program Study Committee; and for other purposes. Referred to the Committee on Rules. 216 JOURNAL OF THE HOUSE, By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees: HB 1483. By Representative Chance of the 129th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which creates the Effingham County Industrial Development Authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 1493. By Representatives Bolster of the 30th, Martin of the 26th and Childs of the 53rd: A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to repeal a provision relating to the title to certain real property reverting to certain municipalities; to change the provisions relating to the special district for library services within that por tion of the City of Atlanta lying within DeKalb County. Referred to the Committee on State Planning & Community Affairs - Local. HB 1501. By Representatives Williams of the 6th, Walker of the 115th, Ramsey of the 3rd, Thomas of the 69th and Bray of the 91st: A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Anno tated, relating to vacancies in public offices, so as to provide that upon the occurrence of a vacancy in any office in this state, the officer or body author ized to fill the vacancy or call an election to fill the vacancy shall do so with out the necessity of a judicial determination of the occurrence of the vacancy. Referred to the Committee on State of Republic. HB 1505. By Representative Connell of the 87th: A bill to amend Code Section 33-34-10 of the Official Code of Georgia Anno tated, relating to required motor vehicle insurance, generally, so as to author ize law enforcement officers to take possession of the operator's license of any person charged with operating a vehicle without insurance or proof of insurance. Referred to the Committee on Motor Vehicles. HB 1506. By Representative Connell of the 87th: A bill to amend Code Section 33-34-10 of the Official Code of Georgia Anno tated, relating to required motor vehicle insurance, generally, so as to make it unlawful for an insurer to provide certain insurance or to provide proof of certain insurance for any period of time for which premiums have not been actually paid by the insured. Referred to the Committee on Insurance. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 1389 HB 1390 HB 1391 HB 1392 HB 1393 HB 1394 WEDNESDAY, JANUARY 29, 1986 217 HB 1395 HB 1396 HB 1397 HB 1398 HB 1399 HB 1400 HB 1401 HHHrRR> 1, AfUo Hn 14U4 HHPB. 1i4xn0*5 THTOD THTBD T14A0n7n TTD HHBB 1410 THTiD) 11,411111 SB !i;43 HB 1412 HB 1414 HR fi HR U1? HHHBRB l11l44,11R98 HB 1420 HB 1421 HB 1422 HB 1423 HB 1425 HB 1426 HB 1427 HB 1428 HB 1429 HB 1430 HB 1431 HB 1432 HB 1433 HB 1434 THTBTJ I1^4O3K5 TTD 1,1 QQ HB 1438 TM HB 1441 HTJBD TMTM HupB i1x4c6Q8 HB 1469 HB 1471 HB 1472 TM 569 HR 57 HR 571 HR 572 HR 573 HR 577 HR 585 Representative Rainey of the 135th District, Chairman of the Committee on Game, Fish & Recreation, submitted the following report: Mr. Speaker: Your Committee on Game, Fish & Recreation has had under consideration the follow ing Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 846 Do Pass HB 1128 Do Pass Respectfully submitted, /s/ Rainey of the 135th Chairman Representative Thomas of the 69th District, Acting 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 1154 Do Pass, by Substitute HB 1233 Do Pass HB 1246 Do Pass, by Substitute HB 1250 Do Pass HB 1261 Do Pass, by Substitute HB 1296 Do Pass, as Amended 218 JOURNAL OF THE HOUSE, Respectfully submitted, /a/ Thomas of the 69th Acting Chairman Representative Johnson of the 72nd District, Chairman of the Committee on Retire ment, submitted the following report: Mr. Speaker: Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 152 Do Pass, by Substitute Respectfully submitted, /s/ Johnson of the 72nd Chairman The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House: HB 1140. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th, Connell of the 87th, Lee of the 72nd and others: A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1986, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes pro vided for herein. The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House: SB 4. By Senator Kidd of the 25th: A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Anno tated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for additional increased retirement benefits; to pro vide for eligibility for disability benefits; to provide for the determination of disability; to provide for the amount of disability benefits. SB 50. By Senator Deal of the 49th: A bill to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of certain judicial offi cers and employees in the Employees' Retirement System of Georgia, so as to provide that certain secretaries of district attorneys shall have the right to purchase service credit for certain periods of time. SB 109. By Senator Kidd of the 25th: A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Anno tated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so WEDNESDAY, JANUARY 29, 1986 219 as to change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receiving benefits under this chapter or who may become eligible for benefits in the future. SB 120. By Senator Brown of the 47th: A bill to amend Code Section 47-6-80 of the Official Code of Georgia Anno tated, relating to eligibility and application for a retirement allowance, early retirement, and amount of retirement allowance under the Georgia Legis lative Retirement System, so as to increase the retirement allowance. SB 295. 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 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. SB 296. 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 change the provisions relating to eligibility of registrars, deputy registrars, and members of county boards of elections for nomination for or service in public office; to change the provisions relating to eligibility of municipal registrars, deputy registrars, and members of boards of elections for nomination for or service in public office. SB 372. By Senators Harrison of the 37th, Barnes of the 33rd and Tolleson of the 32nd: A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act approved March 19, 1984 (Ga. L. 1984, p. 4364), so as to change the compensation of said judge. SB 373. By Senators Harrison of the 37th, Barnes of the 33rd, Tolleson of the 32nd and others: A bill to amend an Act creating the Cobb Judicial Circuit, approved Febru ary 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit. HB 1244. By Representatives Peters of the 2nd and Ramsey of the 3rd: A bill to amend an Act creating the office of the commissioner of Catoosa County, so as to change the compensation and allowances of the commis sioner. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 4. By Senator Kidd of the 25th: A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Anno tated, relating to the Judges of the Probate Courts Retirement Fund of 220 JOURNAL OF THE HOUSE, Georgia, so as to provide for additional increased retirement benefits; to pro vide for eligibility for disability benefits; to provide for the determination of disability; to provide for the amount of disability benefits. Referred to the Committee on Retirement. SB 50. By Senator Deal of the 49th: A bill to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of certain judicial offi cers and employees in the Employees' Retirement System of Georgia, so as to provide that certain secretaries of district attorneys shall have the right to purchase service credit for certain periods of time. Referred to the Committee on Retirement. SB 109. By Senator Kidd of the 25th: A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Anno tated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receiving benefits under this chapter or who may become eligible for benefits in the future. Referred to the Committee on Retirement. SB 120. By Senator Brown of the 47th: A bill to amend Code Section 47-6-80 of the Official Code of Georgia Anno tated, relating to eligibility and application for a retirement allowance, early retirement, and amount of retirement allowance under the Georgia Legis lative Retirement System, so as to increase the retirement allowance. Referred to the Committee on Retirement. SB 295. 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 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. Referred to the Committee on State of Republic. SB 296. 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 change the provisions relating to eligibility of registrars, deputy registrars, and members of county boards of elections for nomination for or service in public office; to change the provisions relating to eligibility of municipal registrars, deputy registrars, and members of boards of elections for nomination for or service in public office. Referred to the Committee on State of Republic. WEDNESDAY, JANUARY 29, 1986 221 SB 316. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th: A bill to amend Chapter 7 of Title 52 of the Official Code of Georgia Anno tated, relating to registration, operation and sale of watercraft, so as to pro hibit the operation of any vessel and the manipulation or use of any water skis, aquaplane, surfboard, or similar device by any person whose ability is impaired by alcohol or drugs; to specify the level of alcohol at which a person shall be considered under the influence. Referred to the Committee on Judiciary. SB 339. By Senator Deal of the 49th: A bill to amend Code Section 17-11-4 of the Official Code of Georgia Anno tated, relating to assessment of costs against prosecutors of criminal proceed ings, so as to provide that a magistrate may, in his discretion, assess costs against a prosecutor when at a committal hearing the action is dismissed for want of probable cause. Referred to the Committee on Judiciary. SB 343. By Senators Greene of the 26th, Dean of the 31st and Coleman of the 1st: A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to author ize the governing authority of any county or municipality of this state to establish and provide for a special enforcement unit for the sole purpose of providing adequate enforcement of certain handicapped parking statutes. Referred to the Committee on Public Safety. SB 344. By Senator Engram of the 34th: A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to bail for criminal offenses, so as to add the offense of aggra vated sodomy to the list of offenses which are bailable only before a judge of the superior court; to add aggravated sodomy to the list of offenses for which persons are not entitled to bail if they have previously been convicted of such an offense or are charged with such an offense. Referred to the Committee on Judiciary. SB 372. By Senators Harrison of the 37th, Barnes of the 33rd and Tolleson of the 32nd: A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act approved March 19, 1984 (Ga. L. 1984, p. 4364), so as to change the compensation of said judge. Referred to the Committee on State Planning & Community Affairs - Local. SB 373. By Senators Harrison of the 37th, Barnes of the 33rd, Tolleson of the 32nd and others: A bill to amend an Act creating the Cobb Judicial Circuit, approved Febru ary 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit. Referred to the Committee on State Planning & Community Affairs - Local. 222 JOURNAL OF THE HOUSE, Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 1368. By Representatives Chambless of the 133rd, Murphy of the 18th, Thomas of the 69th, Lawson of the 9th and Robinson of the 96th: A bill to amend Code Section 15-6-50 of the Official Code of Georgia Anno tated, relating to terms of office, qualifications, and training for clerks of superior courts, so as to change the number of hours of annual training for clerks; to provide for reimbursement by counties of expenses of training. The report 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 1153. By Representative Richardson of the 52nd: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to provide for the suspension or revocation of certain permits to distribute dangerous drugs and provide for the disposition of dangerous drugs following that suspension or revoca tion. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 107, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1149. By Representative Richardson of the 52nd: A bill to amend Code Section 53-8-2 of the Official Code of Georgia Anno tated, relating to investment standards for certain acquisitions, so as to include certain beneficiaries of certain additional marital deduction trusts among those who may require the conversion of trust property into produc tive or income-producing property. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 114, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1146. By Representative Johnson of the 72nd: A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Anno tated, relating to court costs, so as to provide that in any civil action in any court reasonable attorney's fees and expenses may be awarded to any party against whom another party has asserted a claim or position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim or position. The following amendment was read and adopted: WEDNESDAY, JANUARY 29, 1986 223 The Committee on Judiciary moves to amend House Bill 1146 as follows: By striking from lines 10 and 11 of page 2 the following: "at any time during the pendency of an action or within 30", and inserting in its place the following: "within 45". 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 Alford Alien Anderson YArgo Y Athon Y Atkins Y Auten Bailey 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 Brooks Y Brown.G Buck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers N Childs N Clark.B Y Clark.L Y Colbert Y Coleman Y Colwell Connell Cooper Y Copelan Y Couch YCox Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Diion YDobbs Y Dover YDunn Edwards Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y JacksonJ Y Jackson.N Y Jamieson N Johnson,D Y Johnson,F Y Johnson.R Y Johnson,S Y Kilgore Y Kingston YLane,D YLane,R Lawler Y Lawrence Y Lawson Y Lee.C YLee,W Y Under YLogan Long YLord Y Lucas Y Lupton Y Maddoi 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 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 Randall Y Ransom YRay Y Reaves N Redding Y Richardson Robinson,C Robinson.? NRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod N Sinkfleld 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 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 N Williams,J Y Williams,R Y Wilson YWood Y Workman Y Yeargin N Young Murphy.Spkr On the passage of the Bill, as amended, the ayes were 141, nays 8. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Lawler of the 20th 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 1140. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th, Connell of the 87th, Lee of the 72nd and others: 224 JOURNAL OF THE HOUSE, A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1986, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes pro vided for herein. The following Senate substitute was read: A BILL To amend an Act providing appropriations for the State Fiscal Year 1985-1986, known as the "General Appropriations Act," approved April 10, 1985 (Ga. L. 1985, p. 1521), so as to add certain appropriations and authorizations for the State Fiscal Year 1985-1986; 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. An Act providing appropriations for the State Fiscal Year 1985-1986, known as the "General Appropriations Act," approved April 10, 1985 (Ga. L. 1985, p. 1521), is amended by striking Sections 86, 87, and 88 and substituting in lieu thereof the following: "PART IV ADDITIONAL EXECUTIVE BRANCH APPROPRIATIONS Section 86. Department of Administrative Services, for Direct Payments to the Georgia Building Authority for Capital Outlay. STATE APPROPRIATION................................................................................^ 1,000,000 Provided that the Georgia Building Authority and the Georgia State Financing and Investment Commission are authorized to apply $3,217,000 of existing general obligation bond proceeds for building renovations and for the acquisition of furniture and fixtures. Section 87. Department of Agriculture. The Department is authorized and directed to permit the use of funds previously appropriated for the implementation of a merit-type salary plan for employees of the Poultry Veterinary Diagnostic Laboratories, effective February 1, 1986. Section 88. Department of Community Affairs, for Payment to the Georgia Development Authority for Loans to Counties and Municipalities. STATE APPROPRIATION..............................................................................^ 20,000,000 Section 89. Department of Corrections, for Capital Outlay. STATE APPROPRIATION................................................................................^ 1,700,000 Section 90. State Board of Education Department of Education. For Post-Secondary VocationalTechnical School Construction and Renovation.................................................................................................! 10,460,000 For Equipment for Local Systems ....................................................................$ 17,451,200 For Public Library Construction .......................................................................$ 17,270,000 For Local School Construction ..........................................................................| 27.855.000 STATE APPROPRIATION..............................................................................^ 73,036,200 Section 91. Department of Industry and Trade, for Payment to the Georgia World Congress Center. STATE APPROPRIATION...................................................................................^ 695,000 WEDNESDAY, JANUARY 29, 1986 225 Section 92. Teachers Retirement System. STATE APPROPRIATION.............................................................................! 134,000,000 Section 93. State of Georgia General Obligation Debt Sinking Fund (new). STATE APPROPRIATION...............................................................................! 23,515,858 Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $23,515,858 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement, and improvement of county and independent school systems throughout the State of Georgia, including land, property, school buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, under the jurisdic tion of the State Board of Education, through the issuance of not more than $94,000,000 in principal amount of General Obligation Debt. Section 94. TOTAL STATE APPROPRIATION FOR STATE FISCAL YEAR 1986.................................................................................$ 5,091,947,058 Section 95. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 96. All laws and parts of laws in conflict with this Act are repealed." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. 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 1140. The motion prevailed. Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 136. By Representatives Brooks of the 34th and Wilson of the 20th: A bill to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions regarding public assistance, so as to repeal certain provisions relating to the establishment of pilot com munity work experience programs. The following Committee substitute was read: A BILL To repeal in its entirety Code Section 49-4-17.1 of the Official Code of Georgia Anno tated, relating to establishment of pilot community work experience programs for persons receiving aid to families with dependent children; to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent children, so as to provide for an employment services program for persons receiving such assistance; to provide for transportation, child care, and other support services to partici pants in such program; to provide for mandatory registration and participation of recip ients of assistance in the program and to provide for exceptions to such mandatory participation; to provide that employers providing employment under the program shall be civilly liable only under certain circumstances; to provide for insurance of risks arising out 226 JOURNAL OF THE HOUSE, of the program; to provide for state-wide or partial implementation of the program; to pro vide 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 49-4-17.1, which reads as follows: "49-4-17.1. (a) The General Assembly finds that, pursuant to newly amended Section 409 of the federal Social Security Act, the states have been given wide latitude to establish community work experience programs for unemployed persons receiving aid to families with dependent children. Such programs could be a valuable means for these recipients to gain work experience while at the same time making valuable contributions to those communities whose tax dollars help support them. (b) The Department of Human Resources shall establish pilot community work experience programs in which unemployed persons receiving aid to families with depend ent children under this article shall be required to participate in order to be included in their public assistance grant. The programs shall provide work training and experi ence for such persons who are not otherwise able to obtain employment in order to assist them to move into regular or private employment and become self-supporting. These programs shall be limited to projects which serve a useful public purpose in fields which include, without being limited to, health, social service, environmental protection, education, urban and rural development and redevelopment, welfare, recreation, public facilities, public safety, and day care.", is repealed in its entirety. Section 2. Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Anno tated, relating to aid to families with dependent children, is amended by adding a new Code Section 49-4-108 to read as follows: "49-4-108. (a) The department shall develop and implement an employment services program for persons receiving assistance under this article. The program shall include such educational programs, vocational skills programs, work experience pro grams, on-the-job training programs, and job search and job development programs as are determined by the department to best promote the goals of employability and employment of such persons, subject to the requirements of this Code section. (b) To the maximum extent possible the employment services program shall provide for all transportation, child care, and other support services necessary to enable partici pants in the program to participate therein without personal hardship or hardship to other members of their families, as determined by the department. (c) Assistance under this article shall be terminated if a recipient refuses to register for or participate in the employment services program, but mandatory participation shall not be required in the case of any recipient who: (1) Is physically or mentally unable to participate; (2) Is unable to obtain transportation required for participation and is not pro vided transportation or funds for transportation as a part of the program; (3) Is unable to obtain child care services required for participation and is not pro vided child care services or funds for child care as a part of the program; or (4) Is unable to participate in the program or would suffer undue hardship in participating in the program for such other reasons as may be specified by the depart ment. (d) No recipient shall be required to participate in any work experience or on-the-job training program unless such program meets the requirements of either paragraph (1) or paragraph (2) of this subsection. (1) Participation in a work experience or on-the-job training program may be uncompensated, provided that: (A) No recipient shall be required to engage in such a program without compen sation for any period in excess of six months in any one placement; (B) No recipient shall be required to engage in such a program without compen sation unless such program is, as determined by the department, designed to and likely to result in the participant's obtaining compensated employment; and WEDNESDAY, JANUARY 29, 1986 227 (C) No recipient shall be required to engage in such a program without compen sation unless all child care needs and transportation needs of the participant are met as specified in subsection (c) of this Code section; and (2) Participation in a work experience or on-the-job training program may be compensated, provided that: (A) No recipient shall be required to engage in such a program for compensation unless the recipient is paid at least the federal minimum wage for such participa tion, provided that this requirement shall apply only to the extent that the federal minimum wage law would apply to such employment if such employment was pro vided by private contractual agreement rather than pursuant to this Code section; and (B) No recipient shall be required to engage in such a program for compensation unless such program is, as determined by the department, designed to and likely to result in the participant's retaining compensated employment. (e) Notwithstanding any other contrary provision of law, an employer employing a participant under a program provided for in this Code section, whether such employ ment is compensated or uncompensated, shall not be liable to the participant or to any other person for any injury, accident, or death arising out of and in the course of such employment unless such injury is caused by the employer's wanton or willful reckless ness or is caused by an intentional act of the employer, provided that provision of public or private insurance covering any risk shall waive this qualified immunity to the extent of such insurance coverage. The provisions of this subsection shall, however, be subject to any inconsistent provisions of Chapter 9 of Title 34, relating to workers' compen sation, in any situation in which Chapter 9 of Title 34 applies. (f) The department is authorized to, but shall not be required to, purchase and pro vide insurance coverage with respect to any of the following: (1) Liability of participants in the employment services program for damages aris ing from participation in the program; and (2) Liability of public and private employers providing compensated or uncompensated employment under the program for damages arising from the provi sion of such employment. (g) The department may provide for prompt state-wide implementation of this Code section if the department determines that it is feasible to do so. If the department determines that prompt state-wide implementation of this Code section is not feasible, the department shall in any event promptly proceed to implement this Code section in such counties as is feasible and shall proceed with state-wide implementation as rapidly as is feasible. (h) The department shall make a report with respect to the implementation of this Code section in December of 1986 and each year thereafter to the Speaker of the House and the Lieutenant Governor. Such report shall include but need not be limited to: the areas of the state in which this Code section has been implemented; the number of par ticipants in the employment services program; the number of participants securing pri vate compensated employment; the cost of operating the employment services program; and savings resulting from the employment services program." Section 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Dover of the llth, Bishop of the 94th and Aaron of the 56th move to amend the House Ways and Means Committee Substitute to HB 136 by adding after the period on line 28 of page 2 the following: "This employment services program shall be known as the Positive Employment Assistance Community Help (PEACH) Program." The Committee substitute, as amended, was adopted. 228 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams,M Aiken Y Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Bamett,M YBeck N Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G 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 Cohvell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis YDean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Harris 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 N Johnson.R Y Johnson.S Y Kilgore Y Kingston Y Lane,D Y Lane.R Lawler Y Lawrence Y Lawson YLee.C NLee.W Y Under YLogan 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 YMueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom Ray Y Reaves Y Redding Y Richardson Robinson,C Y Robinson,? YRoss 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 Thomas.C Y Thomas.M Y Thompson Y Townsend Triplett Y Twiggs Y 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, as amended, the ayes were 160, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. Representatives Thomas of the 69th and Lawler of the 20th stated that they had been called from the floor of the House during the preceding roll call. They wished to vote "aye" thereon. The Speaker Pro Tem assumed the Chair. HB 1333. By Representatives Porter of the 119th, Coleman of the 118th and Smith of the 78th: A bill to amend Code Section 15-10-41 of the Official Code of Georgia Anno tated, relating to trials and appeals in magistrate courts, so as to provide that no appeal shall lie from a default judgment; to provide for reopening certain default judgments. 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: WEDNESDAY, JANUARY 29, 1986 229 Y Aaron Y Adams.G Y Adams,M Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Bailey Y Balkcom Y Bannister Y Bargeron Barnett,B Y Barnett,M YBeck Y Benefield YBenn Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G YBuck YBurruss 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 YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis NDean Y Dixon YDobbs Dover YDunn Edwards Y Felton Y Floyd Y Foster Galer YGodbee Y Goodwin Greene Greer Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y 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 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 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 Morion Y Mostiler Y Moultrie Y Mueller Oliver.C Y Padgett Y Pannell YParham Y Parrish Patten Y Peters 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,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 Y Thomas.C Y Thomas.M Y Thompson Townsend Y Triplett Y Twiggs Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Ware Watson Y Watts White Y Wilder Williams ,B Y Williams.J Y Williams.R Wilson Y Wood Workman Y Yeargin Y Young Murphy,Spkr On the passage of the Bill, the ayes were 145, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representative Lawler of the 20th 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 1281. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th: A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, known as the "Financial Institutions Code of Georgia," so as to repeal the definition of the term "money"; to authorize the department to expend funds for the recruitment, training, and certification of a professional staff of financial examiners. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1218. By Representatives Argo of the 68th, Couch of the 40th, Benefield of the 72nd and Lee of the 72nd: A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to regulate the use of automatic dialing and recorded message players for certain purposes. 230 JOURNAL OF THE HOUSE, The following amendment was read and adopted: Representative Isakson of the 21st moved to amend HB 1218 by adding on line 21, page 3, after the word "religious", the word "government". 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 Andereon YArgo Athon Y Atkins Auten Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Bamett,M YBeck Y Benefield YBenn Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G 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 Colwell Connell Y Cooper YCopelan Y Couch YCoi Y Crawford Y Crosby Y Cummings Daugherty Y Davis YDean Y Diion YDobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler Y Godbee Y Goodwin Y Greene Y Greer Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard NHill Y Holcomb Y Holmes Y Hooks YHome 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 Y Lawler Y Lawrence Y Lawson YLee.C YLee,W Y Linder YLogan YLong Lord Y Lucas Y Lupton Y Maddoi Y Mangum Y Martin,C Y Martin,J Matthews Y McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Patten Y Peters Pettit Y Phillips Pinkston Y Porter YRainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson,C Y Robinson,P YRoss Royal Y Russell Selman Y Shepard Y Sherrod 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 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 151, nays 1. 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. The Speaker assumed the Chair. 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: WEDNESDAY, JANUARY 29, 1986 231 HB 1140. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th, Connell of the 87th, Lee of the 72nd and others: A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1986, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes pro vided for herein. Under the general order of business, the following Resolution of the House was taken up for consideration and read the third time: HR 500. By Representatives Colwell of the 4th, Murphy of the 18th, Connell of the 87th, Burruss of the 20th, Russell of the 64th and others: A RESOLUTION Relating to the acceptance of the offer of the lessee, Seaboard System Railroad, Inc., successor by merger to the Louisville and Nashville Railroad Company, to amend the lease of the Western and Atlantic Railroad dated March 4, 1968, and approved by the General Assembly on March 4, 1968 (Ga. L. 1968, p. 54); to provide for an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, on March 4, 1968, the State of Georgia executed an agreement to lease ("lease") the Western and Atlantic Railroad to the Louisville and Nashville Railroad Company, for a term which commenced December 27, 1969, and which is scheduled to expire December 31, 1994; and WHEREAS, said lease was duly proposed by the State Properties Control Commis sion, successfully bid upon by the Louisville and Nashville Railroad Company as lessee, and approved for execution by the General Assembly on March 4, 1968 (Ga. L. 1968, p. 54), all of which was done in accordance with the then State Properties Control Code; and WHEREAS, Section 22 of said lease provides that the General Assembly may appoint such other authority as it may designate to perform duties on behalf of the state in connection with the lease; and WHEREAS, by action of the General Assembly, the State Properties Commission ("Commission") has succeeded to the responsibilities of the former State Properties Con trol Commission with modified power and authority as provided particularly in paragraph (12) of Code Section 50-16-34 of Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code"; and WHEREAS, Seaboard Railroad Systems, Inc. ("Seaboard") by corporate merger is the successor in law and interest to the Louisville and Nashville Railroad Company as lessee under the lease; and WHEREAS, the Commission and Seaboard have together determined that amend ments to said lease would be of mutual benefit to both the state and the lessee, including in part an extension of the term of said lease, an increase in rent, formal recognition of Seaboard as successor of the Louisville and Nashville Railroad Company, and otherwise; and WHEREAS, the State Properties Code empowers the State Properties Commission to negotiate and prepare for submission to the General Assembly amendments to an existing lease and further provides procedures to be followed in connection therewith; and WHEREAS, the Western and Atlantic Railroad is not needed in any way for the oper ations of the various departments of state government; and 232 JOURNAL OF THE HOUSE, WHEREAS, pursuant to the aforesaid provisions of law, the State Properties Commis sion at a duly called meeting on September 26, 1985, approved a proposed amendment to said lease; and WHEREAS, pursuant to the aforesaid provisions of law, Seaboard has tendered four original counterparts of the amendment, properly signed and attested in the manner required for recording, thereby making to the state its binding offer to enter into said agreement; and WHEREAS, an exact copy of said amendment is annexed as an Appendix to this reso lution. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the offer of Seaboard to enter into the proposed amendment annexed hereto is accepted, and the chairman of the State Properties Commission in his capacity as Governor of the state shall execute and deliver to said lessee the amendment for and on behalf of and in the name of the state, as provided by law. Section 2. This resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this resolution are repealed. AMENDMENT OF LEASE CONTRACT WESTERN AND ATLANTIC RAILROAD December 28, 1969 - December 31, 1994 AMENDMENT for January 1, 1986 - December 31, 2019 THIS AGREEMENT, dated this ____ day of _____, 1986, between the STATE OF GEORGIA (hereafter referred to as the "State") and the SEABOARD SYSTEM RAIL ROAD, INC., a corporation incorporated in the Commonwealth of Virginia (hereinafter sometimes referred to as "Lessee" or "Seaboard"); WITNESSETH THAT: WHEREAS, on March 4, 1968, the State of Georgia leased the Western and Atlantic Railroad to the Louisville and Nashville Railroad Company by an agreement entitled, "Lease Contract Western and Atlantic Railroad", the term of which commenced December 28,1969, and was then scheduled to expire December 31, 1994 (the "Lease"); AND, WHEREAS, said Lease was duly proposed by the State Properties Control Commission, successfully bid upon by the Louisville and Nashville Railroad Company as Lessee, and approved for execution by the resolution of the General Assembly approved March 4, 1968, and reported at Ga. Laws 1968, pp.54-112, all of which was done in accord ance with the then "State Properties Control Code," Georgia Laws, 1964, pp. 146, as amended, Ga. Laws, 1965, pp. 249 and 663 [former Georgia Code Annotated Sections 91-101a et seq.1 repealed, Ga. Laws 1973, pp.857; AND, WHEREAS, section twenty-two of said Lease provides that the General Assembly may appoint such other authority as it may designate to perform duties on behalf of the State in connection with the Lease; AND, WHEREAS, by act of the General Assembly, the State Properties Commission ("Commission") has succeeded to the responsibilities of the former State Properties Con trol Commission with modified power and authority as provided in the "State Properties Code", O.C.G.A. Sections 50-16-30 et aeq.. as amended and in particular O.C.G.A. Section WEDNESDAY, JANUARY 29, 1986 233 50-16-34 as amended by Act No. 721, of the 1985 session of the General Assembly, approved April 10, 1985 [Ga. Laws 1985, pp. 1408]; AND, WHEREAS, Seaboard by corporate merger is the successor to the Louisville and Nashville Railroad Company as Lessee under the Lease; AND, WHEREAS, the Commission and Seaboard have together determined upon amendments to said Lease of mutual benefit to the State and the Lessee, including in part an extension of the term (period of time) of said Lease, an increase in rent, formal recogni tion of Seaboard as successor through merger of the Louisville and Nashville Railroad Company, and otherwise; AND, WHEREAS, the State Properties Code empowers the State Properties Commis sion in part to: "(12)Negotiate and prepare for submission to the General Assembly amendments to any existing lease, which amendments shall not, for the purposes of paragraph (4) of this Code Section and Code Section 50-16-39, be interpreted as lease proposals or propos als to lease, provided: (A) That the lessee of the lease as it is to be amended shall be either the lessee, a successor, an assignee, or a sublessee as to all or a portion of the property described in the lease as first executed or as heretofore amended; (B) That unless otherwise provided in the lease as first executed or as heretofore amended; (i) The Commission shall prepare each amendment in at least four counterparts all of which shall immediately be signed by the lessee, whose signature shall be wit nessed in the manner required by the applicable law for public recording of conveyances of real estate. The signing shall constitute an offer by the lessee and shall not be subject to revocation by the lessee unless it is rejected by the General Assembly or the Governor as provided in this Code Section. A resolution contain ing an exact copy of the amendment, or to which an exact copy of the amendment is attached, shall be introduced in the General Assembly in either the House of Representatives, the Senate, or both, if then in regular session, or, if not in regular session at such time, at the next regular session of the General Assembly. The resolution, in order to become effective, shall receive the same number of readings and, in both the House of Representatives and the Senate, go through the same processes and procedures as a bill; (ii) If either the House of Representatives or the Senate fails to adopt (pass) the resolution during the regular session, by a constitutional majority vote in each house, the offer shall be considered rejected by the General Assembly; (iii)If the resolution is adopted (passed) during the regular session by a constitu tional majority vote of both the House of Representatives and the Senate but is not approved by the Governor, the offer shall be considered rejected by the Governor; and (iv) If the resolution is adopted (passed) during the regular session by a constitu tional majority vote of both the House of Representatives and the Senate and is approved by the Governor, whenever in the judgment of the chairman of the commission all of the precedent terms and conditions of the amendment and the resolution, if there are any, have been fulfilled or complied with, the chairman of the commission in his capacity as Governor of the state, shall execute and deliver to the lessee the amendment for and on behalf of and in the name of the state. The Governor's signature shall be attested by the secretary of the commission in his capacity as Secretary of State. The Secretary of State shall also affix the seal of the state to the amendment; and (v) On or before December 31 in each year the Executive Director of the State Properties Commission shall submit a report describing all amendments nego tiated during that year or under negotiation at the date of the report, to the 234 JOURNAL OF THE HOUSE, Chairman of the Public Utilities Committee of the Senate and that State Insti tutions and Property Committee of the House." O.C,G.A.Section 50-16-34 (12), as amended by Act No. 721 of the 1985 Session of the Gen eral Assembly, approved April 10, 1985 [Ga. Laws 1985, pp. 1408]; AND, WHEREAS, in accord with said procedure, such an amendment (this "Amend ment") has been agreed upon between Seaboard and the Commission, duly executed in four counterparts as an offer by the Lessee, and submitted to the General Assembly pur suant to Commission resolution of September __, 1985; AND, WHEREAS, in further accord with said procedure, the General Assembly has approved the Amendment as proposed and authorized its execution by the Chairman of the State Properties Commission, acting in his capacity as Governor and on behalf of the State of Georgia, Resolution Act No.__ of the 1986 Session of the General Assembly, approved __________ ____,1986. NOW, THEREFORE, THIS INDENTURE, as an Amendment to said Lease is made and entered into on this _ day of ________, in the year of our Lord One Thousand Nine Hundred and Eighty-six, by and between the said STATE OF GEORGIA (herein after referred to as "State''), acting through its State Properties Commission, and the said SEABOARD SYSTEM RAILROAD, INC. WITNESSETH: In consideration of increased rent in favor of the State and an extended term in favor of Seaboard, and in consideration of other changes, be it agreed that the Lease shall be amended to read as follows as of the 1st day of January, 1986: ARTICLE ONE: The State, under and by authority of the State Properties Code, O.C.G.A. Sections 50-16-30 et seq., as amended, and subject to, upon and in consideration of the premises and of the terms, conditions, covenants and stipulations herein set forth, does hereby extend the term of the Lease for an additional twenty-five years so that the term of this Amendment shall be 34 years beginning on the 1st day of January, 1986, and ending on December 31, 2019, and does hereby lease to said Lessee, viz; to SEABOARD SYSTEM RAILROAD, INC., as successor to Louisville and Nashville Railroad Company, the State-owned property known as the Western and Atlantic Railroad (a railroad running from the City of Atlanta, in the State of Georgia, to the City of Chattanooga, in the State of Tennessee), as more fully shown outlined in red on maps filed in the office of the Commission in Atlanta, Georgia, which maps have been duly endorsed by the Secretary of that Commission, for identification purposes, as being those referred to herein (includ ing the railroad properties more specifically enumerated on the "Sidetrack Facilities List", such list to be updated annually on or before April 20, attached to said maps and similarly endorsed); said lease to include the property so delineated on said maps and in said list and all tracks, bridges, culverts, signals, buildings, communication lines, depots and all other structures located on said property, subject to the following Exceptions: Except to the extent that air rights were, as of December 28, 1969, occupied by any structure used for railroad purposes, and except to the extent that Lessee may reasonably require the use of subsurface space for railroad operating purposes, this Lease does not include air rights, mineral rights or sub-surface easements, the State reserving the air rights (including the right of necessary supports and appurtenances), mineral rights and sub-surface easements and, except as provided below, the exclusive right to grant the same but agreeing that it will not, without the written consent of Lessee, which consent may not be unreasonably withheld, grant any such rights to any others or itself use air space or subsurface easements or exploit minerals (i) if such grant or the exercise of rights granted thereby or such use or exploitation will result in loss of support to or unreasonable interference with the leased property, including tracts or structures located thereon, or (ii) if such grant or the exercise of rights granted thereby or such use or exploitation will otherwise unreasonably interfere with the enjoyment of the leased property, including tracts and structures, for railroad purposes or with the enjoyment of the operation thereof for railroad purposes, or (iii) if such grant or the exercise of rights granted thereby or such use or exploitation will reduce the clearance to a distance of less than 23 feet vertically above the top of the rails of said tracks or alongside any track to a distance less than 18 feet from the centerline thereof, the said 18 foot clearance to extend uniformly from a WEDNESDAY, JANUARY 29, 1986 235 vertical extension upward of the said center line for a distance of twenty-three feet, pro vided that (1) in those areas where, as of July 1, 1966, there were structures limiting vertical clearances to less than twenty-three feet or there were horizontal clearances of less than eighteen feet, the clearances existing on July 1, 1966 shall govern; (2) in those areas where, as of July 1, 1966, there were grants of air rights providing for a lesser clearance than the said twenty-three foot and eighteen foot clearances, such lesser clearances shall govern, and, provided further, that if in any of said areas, additional clearance shall become available, whether by reconstruction, modification, or demolition of any such structures, or otherwise, said additional clearance shall accrue to the benefit of the Lessee to a maximum of twenty-three feet above the top of the rails and of eighteen feet horizontally from the centerline of the nearest track, except that where existing via ducts over the rails have a clearance of less than 23 feet, adjoining air space structures may be so constructed as to have viaduct level access, provided no part of said structures (except necessary supports and appurtenances) shall extend below the lowest point of said viaduct, which structures the State shall require to be so designed and constructed as to allow, as nearly as practicable, a clearance of at least 23 feet above the top of the rail, and, provided further, that should any additional clearance become available by reason of any track being lowered, such additional clearance shall accrue in toto to the benefit of Lessee. Notwithstanding the foregoing provisions, the minimum clearances in the event that power lines or communications lines, whether those of Lessee, the State or other persons, firms or corporations, shall intrude into the air space above the leased property, shall be not less than those specified from time to time by the Association of American Railroads for its member roads, or, for power lines or communications lines installed on or after the date of this Amendment, the National Electrical Safety Code. The State and the Lessee agree that in the event of exploitation of air, mineral, or sub-surface easement or rights, the State may require a relocation of tracks, but only if (1) such relocation is necessary to permit the placement of any pillar or column pro viding support to a structure constructed in the use of air rights described in this Article One and (2) there is no point at which said pillar or column can be placed consistent with sound engineering practices without necessitating the relocation of any track, and (3) neither such relocated track nor the work of relocation will unreasonably interfere with the use by Lessee of the properties leased herein, or unreasonably reduce the oper ating capacity or operating convenience of said properties, whether only in the immediate vicinity of said relocated track or elsewhere on the said properties, and (4) such relocation, including acquisition of additional land, and all other work and modifications of other tracks and structures necessitated by such relocation are to be per formed without cost to Lessee or any sublessee of Lessee and at such reasonable times and in accordance with such reasonable standards and specifications as may be established by Lessee. Notwithstanding the vertical clearance limits specified hereinabove, Lessee and its sublessees may erect such structures (including any structures erected pursuant to a subletting qualifying under clause (3) of the first literary paragraph of Article Eleven of this lease) as they may from time to time deem necessary or desirable for railroad oper ating purposes and such structures may extend and continue to extend into the then unoccupied air space above the clearance limits referred to in this Article One so long as necessary or desirable or until such time or times as the State exercises the power to clear such air space as reserved to it in the next succeeding paragraph of this Article. Lessee agrees that it will, within a reasonable time prior to erecting such structures fully consult with the Commission to determine what, if any, plans are being considered which may be affected by such work and structures and that due consideration will be given to such plans. The State, in granting air rights, may provide for the removal of structures then occu pying any part of the air space contained within such grant, such removal to take place not before the grantee of such air rights commences the work of construction in exploi tation of such rights, provided that such removal shall be performed without cost to Lessee 236 JOURNAL OF THE HOUSE, or any sublessee of Lessee and at such reasonable time or times and in accordance with such reasonable standards and specifications as may be established by Lessee and pro vided, further, that adequate replacement structures reasonably satisfactory to Lessee (and a sublessee, if one be affected) as to location, design, physical condition and facilitation of its operations (including those of a sublessee, if one be affected) shall be provided with out cost to Lessee or any sublessee of Lessee, the work of replacement to be performed at such reasonable time or times and in accordance with such reasonable standards and specifications as may be established by Lessee, provided that any replacement structures provided under this section (or structures provided as temporary substitute for such replacement structures) shall be completed and available for use prior to commencing the work of removal or relocation of the existing structures being replaced. The State also agrees that, at the request of the Lessee, it will negotiate with the Lessee the need in such air rights areas for increased clearances for railroad operations and if it finds the proposed adjustments to be in the best interest of the State and the Western and Atlantic Railroad, this lease shall be reopened, amended or supplemented, for the pur pose only of providing such increased clearances as are found reasonable, upon such terms and conditions as may be agreed to by the State, the decision of the State as to such reopening, amending or supplementing to be final. Lessee agrees that it will, within a reasonable time prior to erecting such structures fully consult with the Commission to determine what, if any, plans are being considered which may be affected by such work and structures and that due consideration will be given to such plans. If any air, mineral or sub-surface easement or other rights shall be granted by the State, the State shall confer with the Lessee a reasonable time prior to making such grant and there shall be included in the agreements by which said rights are granted or made from time to time such reasonable conditions, consistent with the provisions of this lease, on the use, exercise and exploitation of said rights as may be required for the purpose of assuring to Lessee operation of the leased properties in a safe, convenient, expeditious, economical and healthful manner. If the State shall itself use, exercise, or exploit any such rights it shall do so consistently with such reasonable conditions as may be required. Except to the extent the State has the power under such grants to impose such restrictions, none of the air rights restrictions hereinabove contained shall apply to those air rights grants made by the State prior to July 1, 1966. However, in approving plans and specifications relating to, and in establishing or imposing conditions and standards upon, the use, exercise and exploitation of any air, mineral or other rights, that may have been granted by the State prior to December 28, 1969, the State shall likewise confer with the Lessee a reasonable time prior to such approval, establishment or imposition and shall, to the extent the State has the power under such grants so to do, establish or impose on the use, exercise and exploitation of said air, mineral or sub-surface easement or other rights such reasonable conditions and standards, consistent with the provisions of this lease, as may be required for the purpose of assuring to Lessee operation of the leased properties in a safe, convenient, expeditious, economical and healthful manner. With the prior written concurrence of the Commission, in its reasonable discretion both as to form and substance, and subject to the foregoing reservations and exceptions includ ing the reservation of mineral rights, Lessee may grant easements or make subleases, which provide non-exclusive, subsurface use of the property. Such an easement may be permanent or for any term, and such a sublease may be for any term, including a term beyond the term of this Lease. The recipient of such an easement or sublease may be Lessee, an affiliate of Lessee or any third party not an affiliate of Lessee. Without limiting the Commission's reasonable discretion to determine other terms upon which it will concur, when the recipient is a third party not an affiliate of Lessee, the transaction is a bona fide arms-length transaction solely for monetary consideration, and neither Lessee nor an affiliate of Lessee shall or might receive any separate consideration or benefit (including return on investment) for the easement or sublease or in connection with or as a result of the activity for which it is granted or made, Lessee shall pay to the State as its share of the consideration an amount equal to one-half of the sale price where an ease ment is granted or one-half of the rental where a sublease is made as provided in Article Eleven. In any other circumstance and without limiting the Commission's reasonable WEDNESDAY, JANUARY 29, 1986 237 discretion to determine other terms upon which it will concur, the Commission may deter mine the consideration upon which it will concur in the sublease or easement. All consider ation to be paid for such an easement or sublease after December 31, 2019, shall be paid solely to the State. Again, without limiting the reasonable discretion of the Commission to determine or fix the terms of its concurrence, i.e. by way of illustration only, the Commission may determine the relationships of privity and estate among the State, Lessee, and the recipient of an easement or sublease granted or made under this para graph. This paragraph, in creating a qualified power in Lessee (subject to concurrence by the Commission) does not qualify the State's foregoing reservation of subsurface rights and the power to grant them. For purposes of this paragraph, an affiliate shall mean any cor poration, individual, person, partnership, joint venture or other entity or association, which directly or indirectly controls or is controlled by or is under common control with Lessee. For this purpose, "control" shall mean the possession, directly or indirectly, shared or unshared, of the power to direct or cause the direction of the management and policies of such affiliate, whether through the ownership of voting securities or by contract or otherwise, or to participate in its return on investment or business enterprise. Nothing in this lease shall operate to prevent Lessee from recovering from any person, firm or corporation compensation for and reimbursement of any loss, expenses or damage suffered by Lessee by reason of the action or omission of any such person, firm or corpora tion or its employees, agents or servants in the use or exploitation of any air, mineral or sub-surface rights. No action for such loss, expenses or damage shall lie against the State except on the grounds of breach of contract. All being the property of the State of Georgia, and which the General Assembly of the State of Georgia, by authority hereinbefore mentioned, authorized the Commission to lease. ARTICLE TWO: Subject to and in accordance with the terms, limitations and provi sions of this contract of Lease and of the several Acts of the General Assembly authorizing the same, the State, as lessor, hereby grants to Lessee the right to possess and enjoy the use of said properties leased herein and further covenants that the State will not interfere in the quiet and peaceable possession and enjoyment of all the property herein leased to the Lessee. ARTICLE THREE: In view of the participation of each in the preparation of this lease, the State and Lessee agree that if it becomes necessary to construe any of the provi sions of this lease, there shall be no presumption for or against either party on the ground of its participation in such preparation. ARTICLE FOUR: The said Lessee covenants and agrees that as rent for the said Western and Atlantic Railroad during the term of this Amendment it will pay into the treasury of the State a base annual rental of FOUR MILLION TWO HUNDRED NINETY THREE THOUSAND DOLLARS ($4,293,000.00). Said base annual rental shall be the rental for the first calendar year of this Lease as amended (this Amendment), com mencing January 1, 1986. Each succeeding calendar year of this lease Lessee shall pay, in addition to said base annual rental, an amount equal to the product obtained by multiply ing the said base annual rental by an escalation factor of 2.5 per cent times the number of calendar years the lease has run through the end of the preceding year. Such annual rentals are to be paid in equal monthly installments in advance, on or before the first day of each and every month during the period of the lease. Lessee shall also pay additional rent annually to the State in such an amount, if any, as may be necessary to cause the total annual rent for the then-current year to the State under this Article Four of the Lease to equal 0.1627 percent of Lessee's railway operating revenues for the then-current year. The additional annual rental, if any, so computed shall be paid to the State on or before April 1 of the year following the year for which due. If Lessee defaults on payment of said additional annual rental by that date and if said additional annual rental is not paid within 30 days after notice of said default is given to Lessee by the State, the State may, at its option, declare this lease forfeited with all the penalties of forfeiture as provided in this Article Four. The parties recognize that Lessee or a successor lessee may, after the date of execu tion of this lease, be a party to a corporate merger, consolidation or other transaction, 238 JOURNAL OF THE HOUSE, whether or not subject to the approval of and authorization by the Interstate Commerce Commission ("ICC"), by which the properties producing railway operating revenues of Lessee (or those of a successor lessee) during the term of this lease may be materially enlarged or increased. It is the intention of the parties that, in case of any such corporate merger, consolidation or other transaction, an adjustment be made in the 0.1627 percent factor used to compute the additional rental provided for in the second paragraph of this Article Four, the purpose of the adjustment being to allow such additional rental there after to be so computed as to be related only to the railway operating revenues produced by SEABOARD SYSTEM RAILROAD, INC., lines as those lines were constituted on December 31, 1985, including the lines of the Western and Atlantic Railroad as those lines were constituted on December 31, 1985. To that end, in the event of such a merger, con solidation or acquisition, the Lessee or a successor Lessee, shall promptly notify the Commission at the time it files any application for approval or notice of exemption with the ICC, for approval or exemption of any future merger, consolidation or acquisition or, if none is required, then 90 days before such a transaction is consummated. The adjust ment in the said factor shall be made by relating the railway operating revenues of Lessee or successor lessee, as the case may be, including those of the Western and Atlantic Rail road, for the fifth year prior to the year of the effective date of merger, consolidation or other transaction, to the sum of the railway operating revenues of Lessee or successor lessee, as the case may be (including those of the Western and Atlantic Railroad) plus the railway operating revenues of the other company or companies which are parties to the merger, consolidation or other transaction or of the properties merged, consolidated or acquired for the said fifth year, and therefrom deriving a new percentage which shall, for the years of the lease term subsequent to the year of the effective date of such merger, consolidation or other transaction, or to the year of the request of Lessee for such adjust ment, whichever is later, be applied to the railway operating revenues of Lessee or succes sor lessee, as the case may be, in such manner as to fulfill the purpose of said adjustment, or by such other method, prescribed by the ICC or acceptable to the parties, as shall permit the computation of said additional rental so that it shall thereafter be related only to the railway operating revenues produced by the SEABOARD SYSTEM RAILROAD, INC., lines as those lines were constituted on December 31, 1985, including the lines of the Western and Atlantic Railroad as those lines were constituted on December 31, 1985. The railway operating revenues referred to in this Article Four shall be determined by reference to the pertinent annual reports to the ICC, and those reports and revenues of Lessee shall include railway operating revenues from Lessee's operation of the Western and Atlantic Railroad. If reports to the ICC are no longer provided for by law, the Lessee shall compile said reports as if said most recent ICC provision remained in effect. The adjustment to the factor shall be applied subsequent to the time and date of any future merger, consolidation or acquisition to the extent, and in the manner necessary to reflect the effect of such merger, consolidation or acquisition, and Lessee or successor Lessee shall request such adjustment prior to the effective time and date of such future merger, con solidation or acquisition. If the Commission shall question the correctness of the adjust ment to the factor, and it shall fail to come to agreement with the Lessee with respect thereto, the matter in dispute shall be submitted to arbitration in the manner now pro vided in the laws of the State of Georgia. O.C.G.A. Sections 9-9-30 through 9-9-51. The said Lessee further agrees to deposit with the Commission a surety bond or bonds issued by an insurer or insurers having a certificate of authority to act as surety in the State of Georgia in the amount of one half of one year's base rental. Either by rider to the existing bond or by new bond, Lessee shall provide such surety so as to continue under bond Lessee's obligations under the Lease prior to this Amendment in the amount then provided and to establish and continue under bond Lessee's obligations under and as of this Amendment in the amount newly provided. The surety bond(s) so deposited by the Lessee shall be regarded merely as collateral security for the faithful performance by the Lessee of the terms of this Lease Contract, including this Amendment, and shall not be held as exhaustive of other rights of the State, as Lessor. And after said bond(s) have been applied, in whole or in part, as damage pen alty or forfeiture, for any act done, or omitted to be done, or any violation of the term WEDNESDAY, JANUARY 29, 1986 239 of the Lease as herein provided, the Lessee shall be liable further to the State for any damage caused by any breach or forfeiture under such contract by such Lessee and not compensated for by such application. In the event the Lessee shall fail or refuse to pay the aforesaid monthly rental to the State within twenty days after the time named in this Article for the payment of such monthly rental, the State may collect out of the security on deposit with it the amount of such unpaid rental. If at any time the Lessee shall be in default in an amount as much as six months' rental, or if the Lessee fails or refuses to comply with this Lease Contract or breaches any of the covenants or conditions thereof, the State, at its option, may declare this Lease forfeited and take such steps as required by law for approval of lease to such other party or for such other method of operation as the State may elect. And after execution of such action the State may apply the remaining security deposited as damages on account of the forfeiture, as far as the same may go. ARTICLE FIVE: (1) The Lessee agrees that it will at all times during the continu ance of this Lease keep and maintain the main track(s) of said railroad at least to Class III standards as designated by the Federal Railroad Administration's track safety stan dards in effect on October 1, 1984; (2) Lessee further agrees that it will at all times during the continuance of this Lease keep and maintain all other property of said railroad, includ ing the buildings, structures and appurtenances of the properties and including facilities added to the property of the State under Articles One and Six in a reasonably safe and sound condition for the use intended. Lessee further agrees that it will exert its best efforts in good faith to obtain the loca tion of new industries, as well as the expansion of existing industries, upon the Western and Atlantic Railroad to the same extent that it solicits the locations and/or expansion of industries along the lines of railroad which it owns, operates or controls. Lessee shall fur nish to the Commission, not later than April 20 of the following year, a written report for the preceding calendar year of industries located or expanded on both the Western and Atlantic Railroad and any competing lines of railroad which it owns, operates or controls. Lessee further agrees that it will comply fully and in all respects, except for emer gency detours, with routing instructions received from shippers requesting or directing that their shipment be forwarded in whole or in part over the Western and Atlantic Railroad and will not prefer its own competing lines in the movements of traffic not routed by ship pers. ARTICLE SIX: It is further agreed as a part of the consideration of this Lease agreement that, in addition to and exclusive of such expenditures as may be required for the proper repair and maintenance of said railroad and its properties, the Lessee shall during the period of this Amendment debit an account called "Additions and Betterments of the Western and Atlantic Railroad" not less than $12,500,000. (An addition is new con struction for railroad purposes and includes also right of way acquired as access to ship pers and receivers of freight. A betterment is an improvement in the quality of track or line of road, including reduction or elimination of curves and grades, elimination of tunnels or bridges, removal of tracks from an unstable grade to a more stable grade, and projects whereby tracks, switches, signals or other facilities are relocated for the purpose of improv ing the operating or maintenance characteristics of the railroad and the enlargement or enhancement of existing buildings and structures used for railroad purposes.) It is intended that $7,000,000 of said Additions and Betterments shall be expended (and debited to said account) at a rate of not less than $1,000,000 per five-year period beginning on January 1, 1986, (the final period being the balance of four years duration). The remaining $5,500,000 of said $12,500,000 may be expended by the Lessee as and when deemed by it expedient and desirable during the term of the Amendment. At the end of each such five-year period, any expenditures in excess of $1,000,000 charged to said account during that period shall be preserved and carried over to the new five year period, and any unexpended portion of the $1,000,000 scheduled to be expended and debited to said account during that period shall be expended during the subsequent five-year period and failing to be spent during this period will be paid over to the State at the expiration of said subsequent period at the time that the report hereinafter in this Article Six required is made. 240 JOURNAL OF THE HOUSE, If, at the termination of the Lease by maturity or for any cause prior to maturity, the Lessee shall have expended and debited to said Additions and Betterments account less than an average of $367,647.06 per year during the term the Lease has run when termi nated, the amount of any deficiency not so expended and debited shall be paid over to the State, less such sums as shall theretofore have been paid over to the State under the terms of the next preceding paragraph. Should the amount debited to such account be greater than the amount determined by multiplying $367,647.06 by the number of years the lease has run, the State does not agree to make, nor does the Lessee expect to receive, any payment by reason of such difference, except in the event that due to unforeseen circumstances or technological improvements in the railroad transportation industry condi tions would indicate that extraordinary expenditures for additions and betterments should prudently be made, the conditions above will not preclude the Lessee from seeking the permission and the participation of the State in making and paying for such extraordinary additions and betterments, nor preclude the State from granting such permission and so participating. Amounts so debited to the Additions and Betterments account shall be as determined by the Uniform System of Accounts for Railroad Companies, as currently or most recently prescribed by the ICC at the time of the respective charges. All additions and betterments so made and charged to said account and all other lands, tracks and structures so acquired or constructed and debited to said account, shall thereupon be and become the property of the State of Georgia, and shall become subject to the provisions of this Lease, and without offset of any kind and character whatsoever. For purposes of this lease, improvements to line of road shall include, but not be limited to, projects whereby tracks, switches, signals or other facilities are relocated for the purpose of improving the operating or the maintenance characteristics of the railroad, reduction or elimination of curves and grades, elimination of tunnels or bridges and removal of tracks from an unstable subgrade to a more stable subgrade. The Lessee shall annually, on or before the 20th day of April in each and every year, prepare and file with the Commission, a statement showing in detail the character and extent of the improvements, betterments and additions claimed to have been made and taken into account by the Lessee during the preceding calendar year ended December 31, which statement shall show the specific character of each expenditure and the amount thereof for which credit is claimed by the Lessee. The Commission shall examine such statement and account, and if found correct shall endorse approval thereon within sixty (60) days after submission thereof and file the same with the records of the Western and Atlantic Railroad. In addition, the Lessee will supply the State with one complete set of valuation maps of the Western and Atlantic Railroad with such maps to be kept current by the filing of revisions thereto of changes made in the railroad property and tracks. Such revised maps shall be filed not later than April 20 of each year. If the said Commission shall question the correctness or propriety of the statement or of any item or charge contained therein or any revision of valuation maps, and if it shall fail to come to an agreement with the Lessee with respect thereto, the matter in dispute shall be submitted to arbitration in the manner as is now provided in the laws of the State of Georgia in O.C.G.A. Sections 9-9-30 through 9-9-51. ARTICLE SEVEN: It is understood and agreed that in making improvements and betterments for the use and operation of the Western and Atlantic Railroad the Lessee shall, insofar as it properly may, construct and maintain the same upon the property of the State, to the end that the integrity of the Western and Atlantic Railroad for the uses of transportation shall be preserved and facilitated. ARTICLE EIGHT: The State will give its consent to the revision and double-tracking of the line as deemed desirable by Lessee, and will cooperate in securing the land neces sary therefor, at the expense of Lessee. It is understood and agreed that no substantial departure in the route or direction of the line of railroad, nor abandonment or discontinuance of any part of the line as now con structed and operated, shall be made or permitted without the previous consent of the State. WEDNESDAY, JANUARY 29, 1986 241 ARTICLE NINE: To the fullest extent permitted by law, Lessee hereby agrees to indemnify and hold the State harmless for any costs, liability or expense incurred by the State as owner of the Western and Atlantic Railroad and arising out of Lessee's use or maintenance of the railroad properties except for any cost, liability or expense resulting from the State's gross negligence or willful misconduct. ARTICLE TEN: It is hereby determined and declared by the State and the Lessee that nothing contained in this agreement is intended to exempt from ad valorem taxes or subject to ad valorem taxes the interests of Lessee created by this agreement. In the event said properties or any interests therein are declared subject to ad valorem taxation of whatsoever nature in Georgia, by a final decision of a court of competent jurisdiction, then any such sums or taxes, including any interest and penalties occasioned by the actions or defaults of the State, shall be the responsibility of the State and be paid by the State. Lessee agrees it will defend against any effort to levy ad valorem taxes on said property and interests therein, and that Lessee will prosecute and defend any necessary appeals to the highest State Court having jurisdiction in the matter. Lessee agrees that it will promptly notify the State upon receipt of notice of any intention to impose ad valorem taxes and the State may, at its option, elect to join Lessee in defending against such imposition, to intervene in any proceedings related thereto, or take such other action with respect thereto as it deems necessary or proper. In the event said property or any interests therein are once declared to be subject to ad valorem taxation by a decision of a court of competent jurisdiction, Lessee agrees that it will promptly notify the Governor and the General Assembly if then in session, and if not then in session, will notify the Governor, of such decision, and the State shall have until ten days after the conclusion of the next succeeding regular annual meeting of the General Assembly, or thirty days after the entry of such final decision, whichever occurs later, to pay such sums or taxes, or to settle, adjust, compromise, or provide for by legislation, such sums or taxes, and if not so paid or resolved within such time, then thereafter any such sums or taxes, whether for that or any subsequent period, may be paid by the Lessee and shall be deemed a payment, pro tanto, of rent, and the rent provided for in Article Four of this lease shall be reduced by the amount of such sums or taxes paid by the Lessee. It is further understood, covenanted and agreed that the Lessee shall, during the entire term of this agreement, pay all taxes (other than the ad valorem taxes referred to hereinabove), specifically including, but not limited to, income taxes, and governmental charges, on or for the operation of said property. In addition the Lessee shall pay all tax assessments and governmental charges as may be imposed during the term of said agree ment by the Government of the United States, and Lessee shall be required, and hereby obligates itself, to pay on all of that portion of the properties covered by this agreement and lying within the State of Tennessee all taxes and assessments that may be legally levied under the laws of said State. It is specifically agreed further that the rolling stock, equipment and other property owned by the Lessee and used in connection with the oper ation of the properties herein conveyed, shall all be subject to taxation as other like prop erty is taxable in the State of Georgia. It is further understood, agreed and declared, that where the words "grant," "grantee," "grantor," "lease," "sublease," "sublet," "lessor," "lessee," "sublessee," "tenant," "rent," "rental," and words of similar nature are used in this agreement, they are used for purposes of identification and convenience of expression. ARTICLE ELEVEN: The Lessee shall not sublet the property leased hereby, or any part thereof, except (1) such as is not needed for railroad purposes, (2) for use as a rapid transit project or projects as defined in the Metropolitan Atlanta Rapid Transit Authority Act of 1965 as amended, or in a similar law or ordinance, or (3) where said subletting is made for a railroad purpose of the Lessee, including the location on said property or part thereof of a business or industry utilizing the subleased property in whole or in part for the shipping or receiving of freight moving over the Western and Atlantic Railroad; Where any property is so sublet pursuant to the provisions of this Article Eleven, a copy of such sublease and any subsequent amendments thereto shall be promptly supplied to the Commission for its records. Except as to subsurface rights no such subletting shall extend beyond the term of this lease, whether by expiration of time, forfeiture or other 242 JOURNAL OF THE HOUSE, cause; nor except as to subsurface rights shall any sublease give rise to any privity of con tract as between the sublessee and the State; nor introduce a new party to this contract, nor relieve the Lessee of any duty, obligation or requirement imposed upon it by law or by this contract of lease. The Lessee shall pay to the State an amount equal to one-half of the net rental received (being the gross rental, less those reasonable expenses directly attributable to the property and which the contract of sublease provides shall be paid by Lessee) by the Lessee for each sublease made by Lessee and this payment shall be considered as an addi tional rental to that amount required by Article Four of this lease. All permanent improve ments, betterments or additions in, to or on the property so subleased made by the Lessee or its tenants shall become, upon the expiration of this lease, the property of and belong to the State, except as provided otherwise in agreements granting or subleasing subsurface easements or rights. Should the Lessee elect to sublease all or any part of (1) the space over the tracks below the level of 23 feet above the top of rails of any track or (2) within 18 feet in a horizontal distance of the centerline of any track south of the Magnolia Street viaduct in Atlanta or (3) within 18 feet in a horizontal distance of the centerline of any main track north of the Magnolia Street viaduct in Atlanta, the Lessee agrees to pay to the State all of the rental received for that portion of the space so sublet. This paragraph does not apply to the grant or sublease of subsurface rights. ARTICLE TWELVE: The granting by Lessee to other carriers of trackage rights over the Western and Atlantic Railroad or any part thereof, shall not be construed as a subleasing of the property such as is forbidden by Article Eleven of this lease and Lessee agrees to grant trackage rights to other railroads over the tracks of the Western and Atlan tic Railroad at all points where such rights were in effect on December 27, 1969. Except as provided above, Lessee shall not grant trackage rights over the Western and Atlantic Railroad or any part thereof without the prior consent in writing of the Commis sion. The Lessee agrees to pay to the State one-half of that portion of the rentals received from the grant of any and all trackage rights over the Western and Atlantic Railroad or any part thereof which are computed on the basis of a percentage return on capital invest ment in the railroad and facilities so utilized, or similar basis; such payment to be consid ered as an additional rental to that amount required in Article Four of this Lease. The Lessee is to retain all of that portion of the rentals received from the grant of such trackage rights which are computed on a wheelage or other use basis, where such rental payments are designed and designated to reimburse the Lessee for a fair proportion of amounts paid or incurred by it in conformity with accounting principles contained in the Uniform System of Accounts for Railroad Companies, as prescribed by the ICC at the time of the respective charges, for maintenance, operating and other expenses. Such trackage rights for use of the tracks and property of the Western and Atlantic Railroad shall always be subject to all of the duties, obligations and liabilities of Lessee to the State under this contract of lease; and it is further understood and agreed that no contract or agreement for any servient use of the tracks or railway facilities of the Western and Atlantic Railroad, granted by Lessee to any other person, shall be construed as intro ducing a new party to the contract between Lessee and the State; and every such servient use shall be subject in all respects to this Contract of Lease, and as between the State and Lessee such servient use shall be regarded as being the use by Lessee through its agent or tenant. ARTICLE THIRTEEN: There is hereby expressly reserved to the State the power, exercisable on reasonable notice to the Lessee, to authorize the laying out, building and construction by others or by itself (hereinafter in this section referred to as "grantees") of such ways, streets, roads, bridges, viaducts, pipe lines, sewers, electric or communication lines and other utilities (except that no such authorization shall be granted for a crossing which would intersect any railroad tracks on the property and which is intended for use by a carrier, other than by highway, of freight or passengers), across or along (hereinafter called "crossings") the property herein leased as may be deemed by it to be in the interest of the people of Georgia, without liability on the part of the State over to the Lessee by WEDNESDAY, JANUARY 29, 1986 243 abatement of lease money or otherwise, provided that the Lessee may establish, except as against the State, reasonable standards for terms of existence, compensation (except that no compensation shall be charged in the case of road crossings), service charges to Lessee and indemnity of Lessee. The Lessee may establish for all grantees reasonable standards for construction, clearances, maintenance and safety of said crossings, and other provisions necessary to assure the safe, convenient, expeditious, economical and healthful operation of the railroad, which standards shall be embodied within a written contract between such grantee and Lessee in the usual form of contract from time to time used by Lessee for such crossings elsewhere on its railroad lines and provided further that all crossings (with the exception below as to road crossings) and all equipment and structures used in con junction therewith will be constructed and maintained without cost to the Lessee. Where road crossings are involved the Lessee will participate in the cost of construction and maintenance of grade crossing protection devices but to no greater extent than required by law from time to time of other railroads in the State of Georgia in like situations on their lines in Georgia. Where such road crossings involve grade separation structures the State shall be responsible for any portion of the cost of construction of such grade separa tion structures chargeable to the Western and Atlantic Railroad and the Lessee shall par ticipate in the cost of maintenance thereof, but to no greater extent than required by law from time to time of other railroads in the State of Georgia in like situations on their lines in Georgia. The reservation to the State of said power of authorization shall not be exclusive, and Lessee may, as it may from time to time deem proper, authorize such laying out, building and construction of such crossings. Lessee will within sixty (60) days following final approval thereof by Lessee furnish to the Commission for its records a copy of each con tract so entered into by the Lessee and any grantee. Nothing herein or in any authorization given by the State shall operate to prevent Lessee from recovering from any such grantee (which term "grantee" for the purposes of this sentence only shall not include the State) or other person, firm or corporation compensation for and reimbursement of any loss, expense or damage suffered by Lessee by reasons of any such authorization or by reason of the actions or omissions of such grantee or their employees, agents or servants or by reasons of the actions or omissions of any other person, firm or corporation or their employees, agents, or servants, following the grant of such authorization. It is the intention of the parties that this Section Thirteen shall provide only for crossings giving access across the railroad right-of-way. It is not intended that longitudinal encroachments be allowed on the right-of-way except as they may be required in the proper design of a transverse crossing. ARTICLE FOURTEEN: Lessee may remove and cause to be discontinued, as permit ted by law, any or all encroachments and other adverse uses and occupancies in and upon the right-of-way or upon other properties of the Western and Atlantic Railroad, or any part thereof, whether maintained under claim of lawful right or otherwise. The Lessee in its own name and behalf, may undertake to remove and cause the discontinuance of such encroachments, uses and occupancies, acting therein in its own name. It is further under stood and agreed that Lessee will, if and when so requested, join with the State and become a party to any proceeding, judicial or otherwise, that may be instituted by and on behalf of the State for the purpose of freeing the right-of-way and property of the Western and Atlantic Railroad from all adverse uses and occupancies. Lessee shall have no cause of action against the State for any such encroachment, its sole recourse being the right it may have as a Lessee against the third party. It is understood and agreed that when such adverse uses and occupancies shall have been removed by judicial proceedings or otherwise the use of the same for the remaining period of the lease shall inure to the benefit of Lessee to the same extent as the other portions of the right-of-way and properties herein conveyed shall inure to it under the terms and provisions of this contract. ARTICLE FIFTEEN: Should, during the term of this Lease, any building or other structure now upon the property of the State included in this Lease, or any building or other structure hereafter constructed thereon, be damaged or destroyed by fire or other 244 JOURNAL OP THE HOUSE, casualty, the Lessee shall advise the Commission in writing within sixty (60) days following such damage or destruction and if such building or structure be then reasonably needed for railroad operating purposes, Lessee binds and obligates itself to restore such building or structure, within a reasonable time, in substantially as good condition as previous to said damage or destruction, provided, that Lessee shall not be required to replace or restore any building or structure which may have been built wholly or partially on said State property by parties other than Lessee, prior lessees or the State. ARTICLE SIXTEEN: It is expressly agreed that this Lease is made subject to the aforesaid Acts and Resolutions of the General Assembly of Georgia, and the Official Code of Georgia Annotated, authorizing the making of this Lease and that if any of the terms or conditions in this Lease are found to be deficient or in conflict or inconsistent with any of the terms or provisions of them in such event their terms and provisions of shall govern and control, and all other terms, conditions and provisions of this Lease shall continue in full force and effect the same as if such statutory terms and provisions had been expressed herein. ARTICLE SEVENTEEN: The Lessee shall continue in possession of the road and roadbed, stations and other property of the Western and Atlantic Railroad in their condi tion at the time this Amendment is executed, accepts them in said condition, as main tained by Lessee, and shall thereafter maintain them as provided herein. ARTICLE EIGHTEEN: The Lessee shall keep adequate records and books of account, classified in accordance with the ICC rules and regulations governing the account ing of Class I carriers by railroad, showing all items of whatever nature that are material to this Lease Contract in connection with the performance thereof. The Lessee shall also maintain such other adequate records as will be sufficient to allow determination of compliance with the provisions of this lease, and where ICC reporting requirements cease or become inapplicable, the most recent ICC provision shall be used. ARTICLE NINETEEN: The Western and Atlantic Railroad may be operated as a part of Lessee's railroad system. However, Lessee shall preserve the physical integrity of the Western and Atlantic Railroad and upon expiration or earlier termination of this Lease, shall cause it to be capable of independent operation. Lessee also shall maintain a registered agent within the limits of the State of Georgia, which agent shall be amenable to service of process on behalf of the Lessee as provided by law. Where provision for a registered agent for service of process is not made by law, Lessee shall appoint such an agent and give the Commission continuous notice of his name, title, affiliation, and address for service, by mail and by delivery, which address shall be in the City of Atlanta, Georgia. ARTICLE TWENTY: The Lessee shall permit inspection of the Western and Atlantic Railroad by the authorized representatives of the State, identified by writing delivered or exhibited to the Lessee, at reasonable times. The Lessee shall be notified in writing of any deficiencies noted under the terms of this lease contract. ARTICLE TWENTY-ONE: Where delegation is made herein to the Commission for the performance of any duties in connection with this Lease, the State reserves the right through appropriate action by the General Assembly of the State of Georgia to appoint such other authority as it may designate to perform such duties. ARTICLE TWENTY-TWO: It is recognized by the parties hereto that Metropolitan Atlanta Rapid Transit Authority, or other public transit entities or offices, hereinafter called "Transit", may wish, during the term of this Lease, to occupy, to the extent consis tent with safe, efficient and economical railroad service, for purposes of a public rapid transit system, a portion of the property herein leased or to make other arrangements respecting it. For example only, the parties hereto recognize that the Metropolitan Atlanta Rapid Transit Authority may wish to use certain portions of the subject railroad properties in the corporate limits of the City of Atlanta and in the counties of Fulton and Cobb, other than those specifically provided for originally in the Lease, for the purpose of a rapid tran sit project or projects as defined in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended. The State may desire to cooperate with it or any such other Transit in planning, designing and constructing a rapid transit system, and if such is the desire WEDNESDAY, JANUARY 29, 1986 245 of the State, Lessee agrees to undertake to give its prompt, full and good faith cooperation to said Transit, consistent with the maintenance of safe, efficient and economical railroad service to the public, as Transit undertakes to establish and operate a rapid transit system. Nothing in this Lease shall be construed to authorize Transit to use any portion of the properties without the previous express permission of the State and Lessee following payment by Transit to the State and Lessee of such compensation, relocation and/or other damages as may hereafter be determined to be due the State and Lessee by reason of such proposed use. Lessee agrees that it will allow Transit access at reasonable times to said property for the purpose of surveying, making soils analysis, and performing necessary engineering and design efforts, so long only as such access shall not, in the judgement of Lessee, interfere with the operations and convenience of the Lessee or other occupants of the parcel. ARTICLE TWENTY-THREE: The original Lease dated March 4, 1968 shall apply through December 31, 1985, and the terms and conditions of this Amendment are appli cable and determine the rights and obligations of the State and the Lessee thereafter. It is the intention of the parties that the Lessee remain in full possession of the properties hereof, that the term of the Lease of March 4, 1968 be effectively extended for an addi tional twenty-five years or until December 31, 2019, that the Lease Contract be amended as restated herein, and that actions taken in connection with the properties prior to Janu ary 1, 1986, be governed by the March 4, 1968, Lease contract and after December 31, 1985, actions taken in connection with the properties be governed by the terms and condi tions of this Amendment. ARTICLE TWENTY-FOUR: The State and the Lessee recognize that the consum mation, terms, conditions, covenants and performance of this lease will be subject to the applicable provisions of the Interstate Commerce Act and to other applicable provisions of the law. It is specifically agreed that all provisions contained in this Lease as of the date of execution by Lessee are so entirely acceptable to the State and to the Lessee that the only terms and conditions that either the State or the Lessee has the right to consider further shall be those terms and conditions imposed by any order of the ICC in proceedings insti tuted seeking authorization and approval or exemption of this lease or which are changed, altered, deleted, added or affected directly or indirectly by any such order of the ICC in such proceedings or which shall impose on the State or the Lessee any additional condi tions or requirements beyond those contained in this Lease. As used in this paragraph, the word "affected" shall not be deemed to include authorization and approval of this Lease as a whole by the ICC. It is further agreed that if either party hereto is of the opinion that any such order of the ICC does so change, alter, delete from, add to, or affect, directly or indirectly, any provision of this Lease, or impose on the State or on the Lessee any additional conditions or requirements beyond those contained in this Lease, then such party shall, within thirty days after receipt of such an order, so advise the other party. The notice of such advice shall also contain a notice stating whether such advising party wishes to negotiate with the other party to the end of reaching agreement as to the continued effectiveness of this Lease as it may have been required to be changed, altered, diminished by deletions, added to or otherwise affected. In the event the advising party wishes so to negotiate, and gives notice to that effect, the parties shall promptly commence such negotiations. If agreement shall be reached, this lease shall be appropriately amended, and a supplemental applica tion, pleading or other document appropriate in the circumstances shall be promptly sub mitted by Lessee to the ICC. IN WITNESS WHEREOF, JOE FRANK HARRIS, as Governor of the State of Georgia and as Chairman of the State Properties Commission, has hereunto attached his official signature and caused to be affixed the great seal of the State of Georgia and the seal of the State Properties Commission, in behalf of said State, in duplicate, and Lessee, SEABOARD SYSTEM RAILROAD, INC., has signed and executed this contract and has affixed its seal thereto, also in duplicate, on the day and year above written. 246 JOURNAL OF THE HOUSE, STATE OF GEORGIA By: Joe Frank Harris As Governor and as Chairman of the State Properties Commission Attest: Max Cleland Secretary of State and Secretary of the State Properties Commission (GREAT SEAL OF THE STATE AFFIXED HERETO) STATE PROPERTIES COMMISSION SEAL AFFIXED HERE) Signed, sealed and delivered in our presence on the following date of execution by the notary: Unofficial Witness Official Witness, Notary Public Date of My Execution as Notary: My Commission Expires: (Notary Public Seal Affixed Here) Lessee By:_ Richard D. Sanborn President and Chief Executive Officer (Signatures Continued on Next Page.) SEABOARD SYSTEM RAILROAD, INC. Attest: Robert A. Bernard Secretary Signed, sealed and delivered in our presence on the following date of execution by the notary: Unofficial Witness Official Witness, Notary Public Date of My Execution as Notary: My Commission Expires: WEDNESDAY, JANUARY 29, 1986 247 Representative Sizemore of the 136th moved that HR 500 be recommitted to the Committee on State Institutions and Property. On the motion, the roll call was ordered and the vote was as follows: Y Aaron N Adams.G Y Adams.M Aiken Y Alford Y Alien N Anderson N Argo N Athon N Atkins N Auten Bailey N Balkcom N Bannister N Bargeron Barnett.B N Barnett.M NBeck N Benefield YBenn N Birdsong N Bishop Y Bolster Y Bostick Y Branch YBray Brooks Y Brown.G NBuck Burruss YByrd Y Carter Y Chambless Y Chance N Cheeks N Childers Y Childs Clark,B Y Clark.L N Colbert N Coleman N Colwell N Connell N Cooper N Copelan Y Couch NCox Y Crawford Y Crosby Y Cummings Daugherty Davis YDean N Diion N Dobbs Dover N Dunn N Edwards N Felton Floyd N Foster N Galer Godbee N Goodwin N Greene N Greer N Groover Hamilton Y Manner N Harris N Hasty NHays Y Heard NHill N Holcomb N Holmes Y Hooks N Home Y Hudson N Isakson N Jackson,J Jackson,N Jamieson N Johnson.D N Johnson.F N Johnson.R N Johnson,S Kilgore Y Kingston NLane,D N Lane.R N Lawler Y Lawrence N Lawson YLee,C NLee.W Y Under Logan NLong Lord Lucas N Lupton N Maddox N Mangum Y Martin.C Y Martin,J Matthews N McDonald On the motion, the ayes were 50, nays 102. The motion was lost. N McKelvey McKinney N Milan, Milford Y Moody Y Moore Y Mortal N Mostiler Y Moultrie N Mueller N Oliver.C N Padgett N Pannell YParham N Parrish Patten N Peters N Pettit N Phillips N Pinkston Y Porter N Rainey N Ramsey.T N Ramsey.V NRandall N Ransom NRay Reaves N Redding Y Richardson Robinson, C N Robinson.P NRoss N Royal Russell N Selman Y Shepard Y Sherrod N Sinkfield Y Sizemore N Smith.L N Smith.P Y Smith.T N Smyre N Stancil Y Steinberg N Thomas,C Y Thomas,M Y Thompson N Townsend N Triplett NTwiggs N Waddle N Waldrep N Walker.C N Walker.L YWall N Ware N Watson N Watts White N Wilder N Williams.B N Williams,J Y Williams.R Y Wilson N Wood Y Workman N Yeargin Y Young Murphy,Spkr The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y Adams,M Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield Benn Y Birdsong Y Bishop Y Bolster N Bostick Y Branch YBray Brooks Y Brown.G YBuck Y Burruss YByrd N Carter N 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 YCoi Y Crawford Crosby Y Cummings Daugherty Y Davis YDean Y Diion Y Dobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Hamilton N Manner Y Harris Y Hasty YHays Y 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 Kilgore Y Kingston Y Lane.D YLane,R Y Lawler Y Lawrence Y Lawson YLee.C Y Lee,W Y Linder Y Logon YLong Lord 248 JOURNAL OF THE HOUSE, Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Matthews Y McDonald Y McKelvey McKinney Milam Y Milford N Moody N Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C 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 Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson,C Y Robinson.P YRoss Y Royal Y Russell Selman Y Shepard N Shertod Y Sinkfield N Sizemore Y Smith,L Y Smith,? 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 Y Walker,L YWall Y Ware Y Watson Y Watts White Y Wilder Y Williams.B Y WiUiams,J Y Williams,R Y Wilson Y Wood Workman Y Yeargin N Young Murphy.Spkr On the adoption of the Resolution, the ayes were 148, nays 9, The Resolution, having received the requisite constitutional majority, was adopted. Due to a conflict of interest, Representative Kilgore of the 42nd was excused from voting on the preceding roll call. By unanimous consent, HR 500 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 1140. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th, Connell of the 87th, Lee of the 72nd and others: A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1986, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes pro vided for herein. Representative McDonald of the 12th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1140 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, Burruss of the 20th and Phillips of the 120th. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways and Means and referred to the Committee on State Planning and Community Affairs - Local. HB 1458. By Representative McKinney of the 35th: A bill to provide for a $10,000.00 homestead exemption from all Fulton County and Fulton County School District ad valorem taxes for all residents of said county; to provide for procedures relative to such homestead exemp tion. WEDNESDAY, JANUARY 29, 1986 249 Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 1263. By Representatives Bailey of the 72nd, Thompson of the 20th, Hamilton of the 124th, Walker of the 115th, Benefield of the 72nd and others: A bill to amend Chapter 3 of Title 35 of the Official Code of Georgia Anno tated, relating to the Georgia Bureau of Investigation, so as to authorize cre ation of a Missing Children Information Center. The following Committee substitute was read and adopted: A BILL To amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to authorize creation of a Missing Children Information Center; to provide for definitions; to provide for powers; to provide for duties and responsibilities of local law enforcement agencies with respect to missing children; to provide for registration of other organizations maintaining records on missing children; to provide for all 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 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by adding a new Article 4 to read as follows: "ARTICLE 4 35-3-80. As used in this article, the term: (1) 'Missing child' or 'missing children' means a person or persons under the age of 17 years whose temporary or permanent residences are in, or are believed to be in, this state and who have been reported as missing to a law enforcement agency and whose location cannot be determined by that law enforcement agency. (2) 'Missing child report' means a report prepared on a form designed by the Georgia Bureau of Investigation for the use by law enforcement agencies and private citizens to report information about missing children to the Missing Children Informa tion Center. 35-3-81. (a) There is authorized within the Georgia Bureau of Investigation the Missing Children Information Center. The center shall serve as a central repository of information regarding missing children and shall collect and disseminate such informa tion as is necessary to assist in the location of missing children. (b) Central responsibility for the development, maintenance, and operation of the center shall be vested in the supervisor of the center who shall be appointed by the director of the Georgia Bureau of Investigation. (c) The supervisor of the center shall maintain the necessary staff along with support services to be procured within the Georgia state government to enable the effective and efficient performance of the duties and responsibilities assigned to the center in this article. (d) All personnel of the center shall be administered according to appropriate special and standard schedules by the State Merit System of Personnel Administration. 35-3-82. (a) The center may: (1) Establish a system of intrastate communication of information relating to mis sing children; (2) Provide a centralized file for the exchange of information on missing children within the state; 250 JOURNAL OF THE HOUSE, (3) Interface and connect with the National Crime Information Center for the exchange of information on missing children and children suspected of interstate travel; (4) Collect, process, maintain, and disseminate information on missing children and unidentified bodies and strive to maintain or disseminate only accurate and com plete information; (5) Cooperate with the State Board of Education in compiling lists of missing chil dren in this state for distribution to local school districts; (6) Compile annual statistics on the number of missing children; (7) Develop recommendations for better reporting and use of computer systems; (8) Provide assistance to local law enforcement agencies providing fingerprint pro grams for children; (9) Circulate a monthly bulletin of missing children to all law enforcement agen cies in the state; (10) Assist local law enforcement agencies in establishing direct computer access to the Missing Children Information Center; (11) Act as a liaison between private citizens and law enforcement agencies regard ing appropriate procedures for handling and responding to missing children reports; and (12) Establish a toll-free telephone number to assist individuals and agencies in the reporting of missing children and information relative to missing children. (b) The center is authorized to join and participate in any network of state missing children centers or clearing-houses, specifically including but not limited to the National Center for Missing and Exploited Children. 35-3-83. Upon the filing of a police report by the parent or guardian that a child is missing, the local law enforcement agency receiving such report shall notify all of its on-duty law enforcement officers of the existence of the missing child report, communi cate the report to all other law enforcement agencies having jurisdiction in the county and all law enforcement agencies of jurisdictions geographically adjoining that of the local law enforcement agency, and transmit the report to the Missing Children Informa tion Center. 35-3-84. Every law enforcement agency and the Georgia Bureau of Investigation shall transmit to the Missing Children Information Center any information which is acquired or collected pursuant to Code Section 35-1-8 or Code Section 35-3-4, which information would assist in the location of any missing child. 35-3-85. Any public or private organization which makes lists of or maintains records on missing children as a primary activity of that organization and which seeks to operate in the State of Georgia shall register with the Missing Children Information Center." Section 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron YAdams,G YAdams,M YAiken Y Alford Y Alien YAnderson Y Argo Y Athon Y Atkins YAuten Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield Benn Y Birdsong Y Bishop Y Bolster YBostick Branch Y Bray Brooks Y Brown.G Y Buck Y Burruss Y Byrd Y Carter Chambless Y Chance Cheeks Y Childers Y Childs Y Clark.B Y Clark.L Y Colbert Coleman Colwell Y Connell Y Cooper Y Copelan Y Couch Y Cos Y Crawford Y Croshy Cummings Daugherty Y Davis Dean Y Dison Y Dobbs Y Dover Y Dunn Y fcdwards Y Felton Y Floyd Y foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Harris WEDNESDAY, JANUARY 29, 1986 251 Y Hasty Hays Y 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 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 YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y 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 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 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 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 Waddle Y Waldrep Y 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 Y Young Murphy.Spkr On the passage of the Bill, by substitute, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Cummings of the 17th 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 1262. By Representatives Thompson of the 20th, Hamilton of the 124th, Bailey of the 72nd, Walker of the 115th, Benefield of the 72nd and others: A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs for children and youth, so as to provide for emer gency powers to enable the Department of Human Resources to order the emergency relocation of residents in a child-caring institution other than a day-care facility; to provide for the emergency prohibition of admission to a child-caring institution other than a day-care facility. The following Committee substitute was read and adopted: 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 provide for emergency powers to enable the Department of Human Resources to order the emergency relocation of residents in a childcaring institution other than a day-care facility; to provide for the emergency prohibition of admission to a child-caring institution other than a day-care facility; to authorize place ment of a monitor in a facility including a day-care facility under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, is amended by adding a new Article 4 to read as fol lows: "ARTICLE 4 49-5-90. As used in this article, the term: (1) 'Child in care' means any person under the age of 17 years who has been admitted to, is cared for, or resides in a facility. 252 JOURNAL OF THE HOUSE, (2) 'Commissioner' means the commissioner of human resources or his designee. (3) 'Corrective order' means an order by the commissioner detailing the findings of the commissioner or his designee regarding violations of law or rules or regulations of the department by an institution or other conditions threatening the health and safety of residents of the institution and the changes which the commissioner has ordered. (4) 'Department' means the Department of Human Resources. (5) 'Emergency order' or 'order' means a written directive by the commissioner or his designee ordering the emergency relocation of residents, prohibiting admissions, or placing a monitor in a facility. (6) 'Guardian' means a minor's parent, legal guardian, or conservator. (7) 'Facility' means a child-caring institution or child welfare agency subject to licensure under the provisions of Article 1 of this chapter, unless specifically exempted by the rules and regulations. (8) 'Monitor' means a person, designated by the department, to remain on-site in a facility, as an agent of the department, observing conditions. (9) 'Preliminary hearing' means a hearing held by the department as soon as pos sible after the order is entered at the request of a facility which has been affected by an emergency order placing a monitor in the facility, relocating residents, or prohib iting admissions in accordance with Chapter 13 of Title 50, the 'Georgia Administra tive Procedure Act.' 49-5-91. (a) Emergency orders may be issued by the commissioner or his designee pursuant to findings by the department pursuant to surveys, inspections, or investi gations, which are required or permitted by law, that departmental rules and regulations are being violated which threaten the health, safety, or welfare of children in care. (b) (1) (A) The commissioner may order the emergency relocation of residents from a child-caring institution other than a day-care facility subject to licensure under this chapter when the commissioner has determined that the residents are subject to an imminent and substantial danger. (B) When an order is issued under this subsection, the commissioner shall pro vide for: (i) Notice to the resident, his next of kin or guardian, and, where appropriate, his physician, of the emergency relocation and the reasons therefor; (ii) Relocation to the nearest appropriate child-caring institution; and (iii) Other protection designed to ensure the welfare and, when possible, the desires of the resident and his next of kin or guardian. (2) (A) The commissioner or his designee may order the emergency placement of a monitor or monitors in a facility upon a finding that department rules and regula tions are being violated which threaten the health, safety, or welfare of children in care and when one or more of the following conditions are present: (i) The facility is operating without a permit; (ii) The department has denied application for permit or has initiated action to revoke the existing permit of the facility; or (iii) The health, safety, security, rights, or welfare of the children in care cannot be adequately assured by the facility. (B) A monitor may be placed in a facility for no more than ten consecutive calendar days, during which time the monitor shall observe conditions and regula tory compliance with any recommended remedial action of the department. Upon expiration of the ten-day period, should the conditions warrant, the initial ten-day period may be extended for an additional ten-day period. The monitor shall report to the department. The monitor shall not assume any administrative responsibility within the facility, nor shall the monitor be liable for any actions of the facility. The salary and related costs and travel and subsistence allowance as defined by depart ment policy of placing a monitor in a facility shall be reimbursed to the department by the facility, unless the order placing the monitor is determined to be invalid in a contested case or by final adjudication by a court of competent jurisdiction, in which event the cost shall be paid by the department. WEDNESDAY, JANUARY 29, 1986 253 (3) (A) The commissioner may order the emergency prohibition of admissions to a child-caring institution other than a day-care facility subject to licensure under this chapter when residents of an institution are in imminent and substantial danger or the institution has failed to correct a violation of departmental permit rules or regulations within a reasonable period of time, as specified in the department's corrective order, and the violation: (i) Could jeopardize the health and safety of the residents in the institution if allowed to remain uncorrected; or (ii) Is a repeat violation over a 12 month period. (B) Admission to an institution may be suspended until the violation has been corrected or until the department has determined that the institution has under taken the action necessary to effect correction of the violation. (c) An emergency order shall contain the following: (1) The scope of the order; (2) The reasons for the issuance of the order; (3) The effective date of the order if other than the date the order is issued; (4) The person to whom questions regarding the order are to be addressed; and (5) Notice of the right to a preliminary hearing. (d) Unless otherwise provided in the order, an emergency order shall become effec tive upon its service. Service of an emergency order may be made upon the owner of the facility, the director of the facility, or any other agent, employee, or person in charge of the facility at the time of the service of the order. (e) Prior to issuing an emergency order to order the emergency relocation of resi dents, to prohibit admissions, or to require placement of a monitor in a facility which has been classified by the department as a child-caring institution or child welfare agency, the commissioner or his designee may consult with persons knowledgeable in the field of child care and a representative of the facility to determine if there is a potential for greater adverse effects on children in care as a result of the emergency order. 49-5-92. (a) A request for a preliminary hearing shall be made in writing within five days from the time of service, excepting weekends. The request must be made to the representative of the department designated in the order. Unless a request is made to appear in person, the preliminary hearing shall consist of an administrative review of the record, written evidence submitted by the institution affected, and a preliminary written argument in support of its contentions. (b) If a request is made to appear in person at the preliminary hearing, the insti tution shall provide the name and address of the person or persons, if any, who will be representing the institution in the preliminary hearing. (c) Upon receipt of a request for a preliminary hearing, the department shall set and give notice of the date, time, and location of the preliminary hearing. The preliminary hearing shall be held as soon as possible after a request therefor but in no event later than 72 hours after such request, provided that an institution may request that such hearing be held earlier; provided, however, that in no event will a hearing be held on a weekend or holiday. (d) If a personal appearance is requested, the preliminary hearing shall consist of a review of the evidence in the record, any additional evidence introduced at the hearing, and any arguments made. A recording shall be made of the hearing. (e) The department shall, where practicable, issue an immediate oral order and shall, in all instances, issue a written order within four business days after the close of the hearing. (f) Pending final appeal of the validity of any emergency order issued as provided in this Code section, such emergency order shall remain in full effect until vacated or rescinded by the commissioner or his designee. (g) The department is not precluded from other actions permitted by other laws or regulations during the time an emergency order is in force." Section 2. All laws and parts of laws in conflict with this Act are repealed. JOURNAL OF THE HOUSE, 254 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 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 Brooks Y Brown ,G Y Buck Y Burruss Y Byrd Y Carter Chambless Chance Cheeks Y Childs Y Clark.B Y Clark,L Y Colbert Y Coleman 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 Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Hanner Y Harris Y Hasty 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 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 Lord Y Lucas Y Lupton Y 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 Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patun 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 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,? Y 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 Y Walker.C Y Walker.L Y Wall VI WWOaTrtPs 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 Y Childers , by substitute, the ayes were 154, nays 0. On the passage of the Bill, the requisite constitutional majority, was passed, by substi- The Bill, having received tute. 515. By Representative Greer of the 39th: HR A Rtj'EKSSOLl-'UUT'l'IHOJiNN s-=--r^ '^7SLhT38;t^A^t,T-^flr^^-treSSr^S U,in *- P-' < "'""' AL 4SSBMBLV OF GEOKG1A: BEITEESOLVEDBVTHEGtN M1,nM Rapid T,,n.it Ov.r.,.. 1 j&**-"------ WEDNESDAY, JANUARY 29, 1986 255 Section 2. All laws and parts of laws in conflict with this resolution are repealed. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y Adams.M Aiken Y Alford Alien Y Anderson YArgo Y Athon Y Atkins Y Auten 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 YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childera 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 Daugherty Y Davis YDean Y Dixon YDobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster YGaler Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Harris Y Hasty Hays 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 YLane.D Y Lane,R Y Lawler Y Lawrence Y Lawson YLee.C YLee.W Y Under YLogan YLong Lord Y Lucas Y Lupton Y Maddoi Y Mangum Y Martin.C Y Martin,J Matthews McDonald Y McKelvey Y McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y 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 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 Y Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Y 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 YWood Y Workman Y Yeargin Y Young Murphy,Spkr On the adoption of the Resolution, the ayes were 157, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. Representative Russell of the 64th 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. 256 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Thursday, January 30, 1986 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. Hugh C. Peacock, Jr., Pastor, First Baptist Church, West 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. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees: HB 1484. By Representatives Wilder of the 21st, Atkins of the 21st and Bannister of the 62nd: A bill to amend Chapter 10 of Title 45 of the Official Code of Georgia Anno tated, relating to codes of ethics for and conflicts of interest on the part of public officers and employees, so as to provide that certain public officers shall devote at least 40 hours each calendar week to the performance of their duties. Referred to the Committee on Rules. HB 1485. By Representative Wall of the 61st: A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Anno tated, relating to coroners, so as to authorize the General Assembly by local law to abolish the office of coroner and establish in lieu thereof the office THURSDAY, JANUARY 30, 1986 257 of medical examiner in any county of this state having a population exceed ing 160,000. By unanimous consent, HB 1485 was ordered engrossed. Referred to the Committee on Health & Ecology. HB 1486. By Representative Wall of the 61st: A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Anno tated, relating to coroners, so as to provide that a funeral director shall not be eligible to be elected as or to hold the office of coroner. Referred to the Committee on Health & Ecology. HB 1487. By Representative Watson of the 114th: A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for a safe, sound, competitive, and fuel efficient motor carrier system vital to the maintenance of a strong intrastate transportation system; to enhance market entry, carrier growth, maximum utilization of equipment and energy resources, and opportunities for minorities and others to enter the motor car rier industry. Referred to the Committee on Industry. HB 1488. By Representative Bostick of the 138th: 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 annual training requirements for each county tax collector or tax commissioner; to provide that failure to comply with such training requirements may subject a tax collector or tax commissioner to removal from office. Referred to the Committee on State of Republic. HB 1489. By Representative Watson of the 114th: A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to comprehensively revise Chapter 9 of such title, relating to blasting or excavating near underground gas pipes and facilities, in order to regulate the blasting or excavating near other types of underground facilities. Referred to the Committee on Industry. HB 1490. By Representatives Workman of the 51st, Watson of the 114th and Hooks of the 116th: A bill to amend Code Section 8-2-90 of the Official Code of Georgia Anno tated, relating to definitions with respect to glass installations in buildings generally, so as to change the definition of the term "hazardous locations." Referred to the Committee on Industry. 258 JOURNAL OF THE HOUSE, HB 1491. By Representative Pettit of the 19th: A bill to amend an Act incorporating the City of Emerson, so as to repeal the current provisions of said Act which provide for a police court and estab lish a mayor's court in lieu thereof. Referred to the Committee on State Planning & Community Affairs - Local. HB 1492. By Representative Pettit of the 19th: A bill to amend an Act incorporating the City of White, so as to change the provisions relating to the appointment and qualifications of the judge of the mayor's court; to repeal the provisions relating to the right of appeal to the Superior Court of Bartow County; to provide for the right of certiorari and the writ of certiorari. Referred to the Committee on State Planning & Community Affairs - Local. HB 1494. By Representative Oliver of the 121st: A bill to amend an Act providing for elections of members of the board of education of Tattnall County, so as to change the compensation of the chair man and the members of the board. Referred to the Committee on State Planning & Community Affairs - Local. HB 1495. By Representatives Rainey of the 135th and Godbee of the 110th: A bill to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions on fish, so as to provide a creel and possession limit for red drum; to provide size limits for red drum and spotted sea trout. Referred to the Committee on Game, Fish & Recreation. HB 1496. By Representatives Bargeron of the 108th, Cox of the 141st, Godbee of the 110th, Parrish of the 109th, Lawler of the 20th and others: A bill to amend Part 2 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to conduct and effect of public sales and judicial sales, so as to provide that public sales shall be commenced at a cer tain hour and shall be continued without interruption from the time the sale is begun until the sale is completed; to define the types of public sales required to be so conducted. Referred to the Committee on Judiciary. HB 1497. By Representatives Smith of the 78th and Dunn of the 73rd: A bill to provide for the collection of additional costs in cases before the Magistrate Court of Henry County as law library fees. Referred to the Committee on State Planning & Community Affairs - Local. HB 1498. By Representatives Adams of the 79th and Mostiler of the 75th: A bill to amend Chapter 81 of Title 36 of the Official Code of Georgia Anno tated, relating to budgets and audits of local governments, so as to require certain units of local government to provide financial statements in lieu of having audits conducted; to provide for copies of financial statement reports to be filed with the state auditor. Referred to the Committee on State Planning & Community Affairs. THURSDAY, JANUARY 30, 1986 259 HB 1499. By Representative Adams of the 36th: A bill to amend an Act providing a new charter for the City of Hapeville, so as to change the corporate limits of said city. Referred to the Committee on State Planning & Community Affairs - Local. HB 1500. By Representatives Logan of the 67th and Argo of the 68th: A bill to amend Code Section 40-2-29.1 of the Official Code of Georgia Anno tated, relating to license plates commemorating the bicentennial of the Uni versity of Georgia, so as to extend the time of issuance of such license plates. Referred to the Committee on Motor Vehicles. HB 1502. By Representative Bray of the 91st: A bill to amend an Act placing the sheriff of Talbot County on an annual salary, so as to provide for and change the provisions relating to full-time and part-time deputies and their compensation. Referred to the Committee on State Planning & Community Affairs - Local. HB 1503. By Representatives Ware of the 77th, Wood of the 9th, Bargeron of the 108th, Auten of the 156th, Dunn of the 73rd and others: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to provide for applicability; to provide conditions for the cancellation of certain insurance contracts; to pro vide for notice of intention of nonrenewal of certain insurance contracts; to prohibit nonrenewal of certain insurance contracts without prior notice. Referred to the Committee on Insurance. HB 1504. By Representative Lawson of the 9th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that motor vehicle liability policies shall be issued for periods of at least one year; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to pro vide that proof of financial responsibility to be furnished as a requirement before the return of a driver's license shall be for at least one year in certain instances. Referred to the Committee on Motor Vehicles. HB 1507. By Representatives Thomas of the 69th, Copelan of the 106th, Porter of the 119th and Lawson of the 9th: A bill to amend the Official Code of Georgia Annotated so as to change the title of the Comptroller General to Commissioner of Insurance in various Code sections throughout the Official Code of Georgia Annotated; to provide for the election, bond, compensation, powers, duties, employees, and seal of the Commissioner of Insurance. Referred to the Committee on Judiciary. HB 1508. By Representatives Thomas of the 69th, Copelan of the 106th, Porter of the 119th and Lawson of the 9th: 260 JOURNAL OF THE HOUSE, A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change all references to the Comptroller General contained in Title 47 to Commissioner of Insurance. Referred to the Committee on Judiciary. HB 1509. By Representatives Byrd of the 153rd, Moody of the 153rd and Phillips of the 120th: A bill to amend an Act incorporating the City of Lyons, so as to provide for appeals from the recorder's court. Referred to the Committee on State Planning & Community Affairs - Local. HB 1510. By Representative Royal of the 144th: A bill to provide that the successor to the county school superintendent of Mitchell County shall be appointed by vote of the board of education to serve at the pleasure of the board. Referred to the Committee on State Planning & Community Affairs - Local. HB 1511. By Representative Stancil of the 66th: A bill to provide that there shall be no office of treasurer of Oconee County; to provide that the governing authority of Oconee County shall be authorized to select a person to perform the duties of treasurer; to repeal an Act provid ing for the abolition of the office of treasurer of Oconee County and provid ing for the probate judge to perform the duties of the office of treasurer. Referred to the Committee on State Planning & Community Affairs - Local. HB 1512. By Representative Stancil of the 66th: A bill to amend an Act known as the "Oconee County Public Utility Author ity Act," so as to change the name of the Oconee County Public Utility Authority to the "Oconee Utility Authority"; to change the short title of said Act to reflect the change in the name of the Authority, to change the method of selecting future members of the Authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 1513. By Representative Dixon of the 151st: A bill to amend an Act providing a new charter for the City of St. Marys, Georgia, so as to change the corporate limits of the city. Referred to the Committee on State Planning & Community Affairs - Local. HB 1514. By Representative Dixon of the 151st: A bill to amend an Act establishing a system of public schools for the City of Waycross, so as to remove from the board as an ex officio member the mayor (now city manager) of the City of Waycross. Referred to the Committee on State Planning & Community Affairs - Local. THURSDAY, JANUARY 30, 1986 261 HB 1515. By Representative Dixon of the 151st: A bill to amend an Act providing and establishing a new charter for the City of Waycross, so as to remove the'city manager as an ex officio member of the Board of Education of the City of Waycross. Referred to the Committee on State Planning & Community Affairs - Local. HB 1516. By Representatives Hays of the 1st and Crawford of the 5th: A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer. Referred to the Committee on State Planning & Community Affairs - Local. HB 1517. By Representatives Hays of the 1st and Crawford of the 5th: A bill to amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer. Referred to the Committee on State Planning & Community Affairs - Local. HB 1518. By Representatives Hays of the 1st and Crawford of the 5th: A bill to amend an Act creating the State Court of Walker County, so as to change the provisions relative to the judge of said court and the compen sation and expense allowance of said judge; to change the provisions relative to the compensation and expense allowance of the solicitor of said court. Referred to the Committee on State Planning & Community Affairs - Local. HB 1519. By Representatives Hays of the 1st and Crawford of the 5th: A bill to amend an Act placing the coroner of Walker County on an annual salary, so as to change the provisions relating to the compensation of the cor oner. Referred to the Committee on State Planning & Community Affairs - Local. HB 1520. By Representatives Birdsong of the 104th, Rainey of the 135th, Waldrep of the 80th, Ray of the 98th, Sherrod of the 143rd and others: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide a certain credit against income taxes for persons sus taining crop and garden damage caused by wild deer. Referred to the Committee on Ways & Means. HB 1521. By Representative Couch of the 40th: A bill to authorize Fulton County to exercise all redevelopment and other powers under the "Redevelopment Powers Law" as it may be approved and as it may hereafter be amended from time to time. Referred to the Committee on State Planning & Community Affairs - Local. HB 1522. By Representatives Wilder of the 21st, Isakson of the 21st, Atkins of the 21st, Johnson of the 21st, Aiken of the 21st and others: 262 JOURNAL OF THE HOUSE, A bill to increase the amount of the homestead exemption from ad valorem taxation for county and county school district purposes, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resi dent of Cobb County actually occupied by the owner as a residence and homestead. Referred to the Committee on State Planning & Community Affairs - Local. HB 1523. By Representatives Balkcom of the 140th, Royal of the 144th, Hooks of the 116th, Greene of the 130th, Crosby of the 150th and others: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxation, so as to exempt from sales and use taxation fuel used for purposes of certain peanut-drying, tobacco-drying, and tobacco-curing operations. By unanimous consent, HB 1523 was ordered engrossed. Referred to the Committee on Ways & Means. HR 591. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th: A resolution authorizing and directing the State Department of Transporta tion to designate the Georgia Highway 140 bridge crossing the Oostanaula River in Floyd County, Georgia, as the R. Sidney Lowrey, Sr., Memorial Bridge. Referred to the Committee on Transportation. HR 592. By Representative Dunn of the 73rd: A resolution compensating Mr. David J. Myrick. Referred to the Committee on Appropriations. HR 593. By Representative Johnson of the 76th: A resolution compensating Wyman Nail, Jr., and Rhonda Nail. Referred to the Committee on Appropriations. HR 594. By Representatives Young of the 134th, Hanner of the 131st, McKinney of the 35th, Johnson of the 123rd, Thomas of the 31st and others: A resolution creating the House Farm Crisis in Georgia Study Committee. Referred to the Committee on Rules. HR 595. By Representatives Williams of the 6th, Burruss of the 20th, Steinberg of the 46th, Dover of the llth, Bolster of the 30th and others: A resolution proposing an amendment to the Constitution so as to provide that the rate of state sales and use taxation shall be 4 percent and so as to provide that state sales and use taxation shall not apply to certain sales or use of food for human consumption, residential electric service, residential natural gas service, and fuel for household use. Referred to the Committee on Ways & Means. THURSDAY, JANUARY 30, 1986 263 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 1526. By Representatives Thomas of the 31st, Greer of the 39th, Randall of the 101st, Richardson of the 52nd and Smyre of the 92nd: A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Anno tated, relating to emergency medical services, so as to provide that first responders may be licensed without satisfying certain insurance requirements where the first responder is a municipality or county government and such municipality or county has not elected to waive its governmental immunity by purchasing vehicle liability insurance. Referred to the Committee on Health & Ecology. HB 1541. By Representatives Jackson of the 9th, Murphy of the 18th, McDonald of the 12th, Burruss of the 20th, Phillips of the 120th and others: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide that notices affecting driv ers' licenses given by certified or regular mail shall constitute legal notice; to provide for keeping certain records; to provide for the use of such records in evidence; to require individuals to notify the department of any name change or change of address. Referred to the Committee on Motor Vehicles. HR 596. By Representatives Dean of the 29th and Martin of the 26th: A resolution creating the Governor's Commission on Black on Black Crime. 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 1446 HB 1447 HB 1448 HB 1449 HB 1450 HB 1451 HB 1452 SB 454 wHBn I1A45SK5 HB 1470 HB 1473 HB 1474 HB 1475 HB 1476 HB 1477 HB 1478 TM HTTBTJ HB 1457 uHTHuHHTnnBBBBTJ I1T1111X/4.4441IC0Ce665OQQn19 HB 1462 HB 1463 HB 1464 HB 1465 HB 1466 HB 1467 HTTBO 1482 TM THH,,uTMT,nBBT,J -Ili11Kru455.nn9m00Kn135 HB 1506 HR 586 HR 587 HR 588 HR 589 HR 590 264 JOURNAL OF THE HOUSE, SB 4 SB 50 SB 109 SB 120 SB 295 SB 296 SB 316 SB 339 SB 343 SB 344 SB 372 SB 373 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1105 Do Pass Respectfully submitted, /s/ Wood of the 9th 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1158 Do Pass HB 1174 Do Not Pass HB 1330 Do Pass, by Substitute HB 1355 Do Pass HR 508 Do Pass Respectfully submitted, /s/ 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1295 Do Pass, by Substitute HB 1359 Do Pass HR 463 Do Pass Respectfully submitted, /s/ Watson of the 114th Chairman Representative Thomas of the 69th District, Acting Chairman of the Committee on Judiciary, submitted the following report: THURSDAY, JANUARY 30, 1986 265 Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 540 Do Pass, by Substitute HB 1162 Do Pass, by Substitute HB 1229 Do Pass, as Amended HB 1342 Do Pass HB 1367 Do Pass, by Substitute HB 1424 Do Pass HB 1472 Do Pass SB 83 Do Pass, as Amended Respectfully submitted, /s/ Thomas of the 69th Acting 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 1320 Do Pass HB 1341 Do Pass HB 1365 Do Pass HB 460 Do Pass Respectfully submitted, /s/ Coleman of the 118th 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 1390 Do Pass HB 1391 Do Pass HB 1392 Do Pass HB 1395 Do Pass TM ,"03 Do Pass HHBB 11440045 DDoo PPaassss HB 1406 Do Pass HB 1407 Do Pass HB 1408 Do Pass HB 1409 Do Pass HB 1422 Do Pass HB 1427 Do Pass HB 1428 Do Pass HB 1429 Do Pass HB 1430 Do pass uTMn 1"/31011 Dno P,,as,,s HB 1434 Do Pass HB 1442 Do Pass HB 1443 Do Pass SB 175 Do Pass Respectfully submitted, /s/ Adams of the 36th Chairman Representative Wilson of the 20th District, Chairman of the Committee on Ways & Means, submitted the following report: 266 JOURNAL OF THE HOUSE, Mr. Speaker: Your Committee on Ways & Means has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1294 Do Pass HB 765 Do Pass, by Substitute HB 1270 Do Pass HR 509 Do Pass Respectfully submitted, /s/ Wilson of the 20th Chairman By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 1390. By Representative Yeargin of the 14th: A bill to amend an Act entitled "An Act to provide a board of commissioners for the County of Elbert," so as to provide for the election of the Board of Commissioners of Elbert County; to provide for the composition of the board and districts therefor and elections therefrom. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1391. By Representative Yeargin of the 14th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which creates the Oglethorpe County Development Authority. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1392. By Representative Yeargin of the 14th: A bill to amend an Act incorporating the City of Elberton in Elbert County, so as to change the date of elections to be held for the offices of mayor and councilmen. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1395. By Representatives Hasty of the 8th, Anderson of the 8th and Barnett of the 10th: THURSDAY, JANUARY 30, 1986 267 A bill to amend an Act incorporating the City of Canton, so as to change the corporate limits thereof. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1403. By Representative Greene of the 130th: 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 Randolph County Development Authority and provisions for its powers, authority, funds, purposes, and procedures; to provide the authority for this Act. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1404. By Representative Greene of the 130th: 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 Quitman County Industrial Development Authority. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1405. By Representative Greene of the 130th: 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 of members of the Stewart County Board of Education by the people. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1406. By Representative Greene of the 130th: 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 authorizing the construction of an electrical system in Stewart County; to provide the authority for this Act. 268 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 1407. By Representative Greene of the 130th: 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 authorizing Stewart County to construct bridges across the Chattahoochee River. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1408. By Representative Greene of the 130th: 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 authorizing Stewart County to provide a natural gas system for said county. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1409. By Representative Greene of the 130th: 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 Stewart County Industrial Development Authority; to provide the authority for this Act. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1422. By Representative Ramsey of the 3rd: A bill to amend an Act providing a new charter for the City of Chatsworth, so as to provide the date on which the mayor and aldermen shall take office following their election. The report of the Committee, which was favorable to the passage of the Bill, was 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, JANUARY 30, 1986 269 HB 1427. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: 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 power of the General Assembly to provide by law for the exercise of the power of taxation in Hall County. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1428. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: 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 a civil service system of personnel administration for Hall County. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1429. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: A bill to authorize the governing authority of Hall County to continue to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county. 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 1430. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: 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 Gainesville and Hall County Development Authority and the powers, duties, and members of the authority. 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. 270 JOURNAL OF THE HOUSE, HB 1431. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia the constitutional amendments which relate to the composi tion and operation of the Hall County board of education. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1434. By Representatives Alien of the 127th, Hamilton of the 124th, Triplett of the 128th, Mueller of the 126th and Kingston of the 125th: A bill to provide for freezing the ad valorem tax assessment of certain reno vated real property in the Historic Savannah District. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1442. By Representatives Robinson of the 58th, Richardson of the 52nd, Aaron of the 56th, Childs of the 53rd, Redding of the 50th 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 author ity of the Board of Education of DeKalb County to establish, acquire, con struct, maintain, and operate a junior college; to provide the authority for this Act. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1443. 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 City of Covington Parking Authority. The report of the Committee, which was favorable to the passage of the Bill, was 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 175. By Senator Hudgins of the 15th: A bill to provide for an advisory referendum within Muscogee County to determine the opinion of the electorate as to whether members of the school THURSDAY, JANUARY 30, 1986 271 board for the county should be elected from equal districts; to provide duties of the election superintendent; to provide for legislative findings. The report of the Committee, which was favorable to the passage of the Bill, was 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 and Senate: SB 386. By Senators Tolleson of the 32nd and Harrison of the 37th: A bill to amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, so as to increase the salaries of the mayor and council members of the City of Smyrna. HB 1113. By Representatives Randall of the 101st, Home of the 103rd, Groover of the 99th and Pinkston of the 100th: A bill to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, so as to authorize the board of commissioners of Bibb County to fix the compensation and provide for the reimbursement of expenses of the elected members of the Board of Public Education and Orphanage for Bibb County. HB 1167. By Representative Yeargin of the 14th: A bill to reconstitute and re-create the Board of Education of Elbert County as successor to the Board of Education of Elbert County established by local constitutional amendment and provide for the election of that board. HB 1252. By Representatives Bostick of the 138th and Carter of the 146th: A bill to amend an Act providing a new charter for the City of Tifton, so as to change the date for holding certain municipal elections. HB 1289. By Representative Bray of the 91st: 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 Meriwether County board of education and school superintendent. HB 1290. By Representative Bray of the 91st: 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 Meriwether County Development Authority and its powers and operation. 272 JOURNAL OF THE HOUSE, HB 1298. By Representative Smith of the 78th: A bill to authorize the board of commissioners of Butts County to levy, assess, and collect license fees upon certain business activities conducted within Butts County. HB 1299. By Representative Smith of the 78th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Butts County Industrial Development Authority and providing for its powers, authority, funds, purposes, and procedures. SB 152. By Senator Kidd of the 25th: A bill to amend Chapter 4 of Title 37 of the Official Code of Georgia Anno tated, relating to habilitation of mentally retarded persons, so as to change the provisions relating to definitions; to change certain cross-references; to change certain provisions relating to the discharge of mentally retarded per sons. SB 303. By Senator Kidd of the 25th: A bill to amend Code Section 16-12-60 of the Official Code of Georgia Anno tated, relating to rules and regulations concerning the operation of bingo games, so as to change the amount which may be paid to individuals for assisting in the conduct of bingo games. SB 305. 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. SB 337. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd: A bill to amend Code Section 52-2-11 of the Official Code of Georgia Anno tated, relating to the power of the Georgia Ports Authority to borrow money, to execute evidences of indebtedness, and to sell or dispose of property, so as to repeal the provisions which require the prior written approval of the Governor, the state auditor, and the Attorney General before the authority may sell, lease, mortgage, or convey any land as security for a loan. SB 338. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd: A bill to amend Chapter 2 of Title 52 of the Official Code of Georgia Anno tated, known as the "Georgia Ports Authority Act," so as to change the provisions relating to venue; to provide that venue in all actions brought against the Georgia Ports Authority shall be in the Superior Court of Chatham County. SB 354. By Senators Barnes of the 33rd, Bond of the 39th and Scott of the 36th: A bill to amend Chapter 23 of Title 43 of the Official Code of Georgia Anno tated, relating to landscape architects, so as to change the termination date of and to continue the Georgia Board of Landscape Architects and the laws relating to such board. THURSDAY, JANUARY 30, 1986 273 SB 364. By Senator Phillips of the 9th: A bill to amend Code Section 3-3-21 of the Official Code of Georgia Anno tated, relating to the sale of alcoholic beverages near churches, school build ings, and other facilities, so as to prohibit the sale of wine or malt beverages within 100 yards of any church building. SB 376. By Senators Barnes of the 33rd, Garner of the 30th, Baldwin of the 29th and others: A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for the posting of signs warning that consumption of alcohol during pregnancy is dangerous; to provide for rules and regulations. The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate: SR 292. By Senator Fincher of the 54th: A resolution designating the R.E. Chambers Memorial Bridge. The Senate has passed by Substitute, by the requisite constitutional majority the following Bill of the House: HB 453. By Representative Coleman of the 118th: A bill to amend Chapter 5 of Title 36 of the Official Code of Georgia Anno tated, relating to organization of county government, so as to provide mini mum annual salaries for county commissioners of counties which are governed by a single county commissioner. The Senate has adopted the report of the 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 Anno tated, 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. By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees: SB 152. By Senator Kidd of the 25th: A bill to amend Chapter 4 of Title 37 of the Official Code of Georgia Anno tated, relating to habilitation of mentally retarded persons, so as to change the provisions relating to definitions; to change certain cross-references; to change certain provisions relating to the discharge of mentally retarded per sons. Referred to the Committee on Health & Ecology. SB 303. By Senator Kidd of the 25th: A bill to amend Code Section 16-12-60 of the Official Code of Georgia Anno tated, relating to rules and regulations concerning the operation of bingo 274 JOURNAL OF THE HOUSE, games, so as to change the amount which may be paid to individuals for assisting in the conduct of bingo games. Referred to the Committee on Industry. SB 305. 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. Referred to the Committee on State of Republic. SB 337. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd: A bill to amend Code Section 52-2-11 of the Official Code of Georgia Anno tated, relating to the power of the Georgia Ports Authority to borrow money, to execute evidences of indebtedness, and to sell or dispose of property, so as to repeal the provisions which require the prior written approval of the Governor, the state auditor, and the Attorney General before the authority may sell, lease, mortgage, or convey any land as security for a loan. Referred to the Committee on Appropriations. SB 338. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd: A bill to amend Chapter 2 of Title 52 of the Official Code of Georgia Anno tated, known as the "Georgia Ports Authority Act," so as to change the provisions relating to venue; to provide that venue in all actions brought against the Georgia Ports Authority shall be in the Superior Court of Chatham County. Referred to the Committee on Judiciary. SB 354. By Senators Barnes of the 33rd, Bond of the 39th and Scott of the 36th: A bill to amend Chapter 23 of Title 43 of the Official Code of Georgia Anno tated, relating to landscape architects, so as to change the termination date of and to continue the Georgia Board of Landscape Architects and the laws relating to such board. Referred to the Committee on Industry. SB 364. By Senator Phillips of the 9th: A bill to amend Code Section 3-3-21 of the Official Code of Georgia Anno tated, relating to the sale of alcoholic beverages near churches, school build ings, and other facilities, so as to prohibit the sale of wine or malt beverages within 100 yards of any church building. Referred to the Committee on Regulated Beverages. SB 376. By Senators Barnes of the 33rd, Garner of the 30th, Baldwin of the 29th and others: A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for the posting of signs warning that THURSDAY, JANUARY 30, 1986 275 consumption of alcohol during pregnancy is dangerous; to provide for rules and regulations. Referred to the Committee on Regulated Beverages. SB 386. By Senators Tolleson of the 32nd and Harrison of the 37th: A bill to amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, so as to increase the salaries of the mayor and council members of the City of Smyrna. Referred to the Committee on State Planning & Community Affairs - Local. SR 292. By Senator Fincher of the 54th: A resolution designating the R.E. Chambers Memorial Bridge. Referred to the Committee on Transportation. The Speaker Pro Tern assumed the Chair. Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 1220. By Representatives Hooks of the 116th, Chambless of the 133rd, Thomas of the 69th and Pannell of the 122nd: A bill to amend Code Section 15-10-101 of the Official Code of Georgia Annotated, relating to constables of magistrate courts, so as to require that constables be at least 21 years of age prior to assuming the duties of a con stable. 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 Atkins Y Auten Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Bamett,M YBeck YBenefield Benn YBirdsong Bishop Bolster Y Bostick Y Branch Y Bray Brooks Y Brown.G Y Buck Burruss Y Byrd Y Carter Y Chambless Y Chance Y Cheeks YChilders Childs Clark,B Clark,L Y Colbert Coleman Y Colwell Connell Cooper Y Copelan Y Couch Y Cox Y Crawford Y Crosby Y Cummings Daugherty Davis Dean Y Diion Dobbs Y Dover Dunn Edwards Y Felton Y Floyd Foster Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Harris Y Hasty Y Hays Y Heard Y Hill Y Holcomb Holmes Y Hooks Horne Hudson Y Isakson 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 Y Lawler Y Lawrence Lawson Y Lee.C Y Lee.W Y Linder Y Logan Y Long Y Lord Y Lucas Y Lupton Y Maddoi Y Mangum Martin.C Y Martin,J Y Matthews McDonald Y McKelvey McKinney Y Milam Milford Y Moody Y Moore Morion Y Mostiler Y Moultrie Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Parrish Patten Y Peters Pettit Y Phillips Y Pinkston Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Ransom Y Ray Y Reaves Redding Y Richardson Robinson,C Y Robinson,P 276 JOURNAL OF THE HOUSE, Y Rosa Y Royal Russell Y Selman Y Shepard Y Sherrod Y Sinkfield YSizemore Y Smith.L Y Smith.P Smith/I Y Smyre Y Stancil Y Steinberg Y Thomas.C Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts White Y Wilder Y Williams.B Y WilliamsJ Y Williams.R Y Wilson Wood Workman Y Yeargin Young Murphy.Spkr On the passage of the Bill, the ayes were 129, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1249. By Representatives Alien of the 127th, Hamilton of the 124th and Pannell of the 122nd: A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to make it unlawful for any parent, guardian, or other person having the legal care, custody, or control of any child under the age of 17 years to allow or permit such child to loiter at or upon any public place between the hours of 12:00 Midnight and 5:00 A.M. of the following day. The following amendment was read and adopted: The Committee on Judiciary moves to amend HB 1249 by striking from line 8 of page 1 the following: "of the following day". By striking from lines 29 and 30 of page 2 the following: "of the following day.". The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 96, nays 5. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 365. By Representatives Coleman of the 118th, Ramsey of the 3rd, Buck of the 95th, Colbert of the 23rd and Hanner of the 131st: A bill to amend Code Section 47-17-80 of the Official Code of Georgia Anno tated, relating to retirement benefits under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to benefits. The following Committee substitute was read and adopted: A BILL To amend Article 6 of Chapter 17 of Title 47 of the Official Code of Georgia Anno tated, relating to retirement and disability benefits under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to retirement and disability benefits; to provide for applicability; to provide for other matters relative to the foregoing; to pro vide an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, JANUARY 30, 1986 277 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 6 of Chapter 17 of Title 47 of the Official Code of Georgia Anno tated, relating to retirement and disability benefits under the Peace Officers' Annuity and Benefit Fund, is amended by striking subsections (b) and (h) of Code Section 47-17-80, relating to retirement benefits, in their entirety and substituting in lieu thereof new sub sections (b) and (h), respectively, to read as follows: "(b) Option One shall consist of a single life annuity payable in monthly payments for the life of the member only. The monthly payment under this option shall be an amount equal to $12.00 $13.00 per month for each full year of creditable service, pro vided that the member either has at least 20 years of creditable service and is at least 55 years of age or he has at least 30 years of creditable service, regardless of age. Such monthly benefit payment shall be paid on each full year of creditable service up to a maximum of 30 years of total service. No member shall be eligible for benefits under this option until his the member's official duties as a peace officer have been termi nated, except as otherwise provided in this chapter, and unless he the member files an application for retirement benefits within 90 days from the date of the termination of his the member's official duties as a peace officer, unless prevented therefrom for good cause. If such member shall qualify for retirement benefits in every respect except for completion of payment of monthly dues for the periods of time for which he the member has received service credit, dues shall be deducted from his the member's monthly bene fit check until such dues have been paid in full. Any member who has at least 20 years of creditable service for which dues have been fully paid but who has not reached 55 years of age may cease paying monthly dues into the fund if h has terminated his the member's employment as a peace officer is terminated: and upon reaching 55 years of age h the member may be eligible to receive retirement benefits under this option. (h) The amounts provided for as retirement benefits in this Code section shall apply to those members who have retired prior to May 1; 1081 July jj 1986, as well as to those members who retire on or after that date. The service of each member who retired prior to May 4j 1981 July 1, 1986, shall be recomputed; and, if it is determined that the amounts provided for in this Code section result in an increase in the retirement bene fits being paid to such member, such benefits shall be increased to the proper amount and shall be paid to torn the member in the future, beginning May ^ 1981 July 1^ 1986. If it is determined that an increase in retirement benefits will result for any such retired member, and he such retired member shall not have completed payment of dues for all service credit previously allowed as of the date of his such member's retirement, th monthly dues provided for herein shall be deducted from his the member's monthly retirement benefits until such time as said dues shall have been paid for each month of service for which retirement credit has been received; provided, however, that no such member shall be allowed to change the option under which he the member originally retired unless he the member shall again become employed as a peace officer as pro vided in subsection (g) of this Code section and complies with all the provisions of sub section (g) of this Code section." Section 2. Said article is further amended by striking subsections (a), (c), and (d) of Code Section 47-17-81, relating to disability benefits, in their entirety and substituting in lieu thereof new subsections (a), (c), and (d), respectively, to read as follows: "(a) Any dues-paying member who is rendered totally and permanently disabled by disease or injury so as to be unable to perform substantially all of the duties of the posi tion to which he the member was regularly assigned when the disability originated or so as to be unable to engage in any occupation or gainful employment for which he the member is reasonably suited by virtue of his the member's background, training, edu cation, and experience shall be entitled to disability benefits of $176.00 $190.00 per month for life or until his the member's disability ceases, provided that he the member makes application to the board for disability benefits within 12 months of becoming totally and permanently disabled. 278 JOURNAL OF THE HOUSE, (c) Any other provision of law to the contrary notwithstanding, any member who is receiving disability benefits pursuant to this Code section on April -, 1982 June 30, 1986, and who had at least 20 years of creditable service at the time such member first became eligible for such disability benefits shall receive the same benefits as a member who retires at age 55 or older with 20 years of creditable service under the provisions of Code Section 47-17-80. For each year of service above 20 years but not more than 30 years which such member had when first becoming eligible to receive disability bene fits, the benefits shall be the same as those provided for the same number of years of creditable service under the provisions of Code Section 47-17-80. The benefits of such members who are receiving disability benefits pursuant to this Code section on April -, 1082 June 30, 1986, shall be recomputed and the increased benefits shall be paid to such members beginning April -, 1082 July 1, 1986. Any member who first becomes eligible to receive disability benefits on or after April 4; 1082 July lj 1986, who has the required years of creditable service as provided in this subsection shall have his disability benefits computed and paid in the same manner as provided hereinbefore in this subsection. (d) The amount of disability benefits in this Code section shall apply to those mem bers who have retired on disability prior to May 4; 4984 July 1^ 1986, as well as to those members who retire on disability on or after that date. The service of each such member who retired prior to May 4; 1081 July L, 1986, shall be recomputed, and the benefits provided under this Code section shall be paid to such member in the future beginning May 4; 1984 July 1,1986." Section 3. This Act shall become effective 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 sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 105, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House: HB 1140. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th, Connell of the 87th, Lee of the 72nd and others: A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1986, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes pro vided for herein. 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. Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time: THURSDAY, JANUARY 30, 1986 279 HB 1351. By Representatives Thomas of the 69th, Davis of the 45th, Pannell of the 122nd and Lawson of the 9th: A bill to amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Public Safety, so as to provide that neither the commissioner, the depart ment, nor any other departmental employee is a proper party respondent in a habeas corpus proceeding which seeks to challenge the validity of a convic tion, bond forfeiture, or plea of nolo contendere. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 113, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1382. By Representatives Couch of the 40th, Triplett of the 128th, Walker of the 115th, Selman of the 32nd and Adams of the 36th: A bill to amend Code Section 32-6-28 of the Official Code of Georgia Anno tated, relating to permits for excess weight and dimensions, so as to author ize the commissioner of transportation to issue a permit in writing authorizing the applicant to operate or move modular or sectional housing units upon the state's public roads under certain conditions. The following amendment was read and adopted: The Committee on Transportation moves to amend HB 1382 by adding on line 24 of page 1 between the word "issue" and the word "a" the following: "to a specific tow vehicle". 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 Adams,G Y Adams.M Y Aiken N Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Bailey Y Balkcom Y Bannister Bargeron Y Barnett,B Y Barnett,M Beck Y Benefield Benn Birdsong Y Bishop Bolster N Bostick Y Branch YBray Y Brooks Brown.G YBuck Burruss YByrd N 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 YCox Y Crawford N Crosby Y Cummings Daugherty Y Davis YDean Dixon Dobbs Dover YDunn Y Edwards Y Felton Y Floyd Y Foster YGaler YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Banner Y Harris Y Hasty YHays Heard YHill N Holcomb Holmes Y Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D N Johnson,F N Johnson,R Y Johnson.S Y Kilgore Y Kingston YLane,D Y Lane.R Y Lawler N Lawrence Y Lawson Lee,C NLee.W Y Under YLogan YLong YLord Y Lucas Lupton Y Maddox Y Mangum Martin.C Y Martin,J Y Matthews McDonald Y McKelvey Y McKinney Milam Y Milford Moody N Moore Morton Y Mostiler Y Moultrie Mueller Y Oliver.C Y Padgett Y Pannell Parham Y Parrish Patten Y Peters 280 JOURNAL OF THE HOUSE, Y Pettit Y Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson.C Y Robinson.P Ross Y Royal Y Russell Y Selman N Shepard Y Sherrod Sinkfield Y Sizemore N Smith,L Y Smith,P Smith,T YSmyre N Stancil N Steinberg Y Thomas.C Thomas,M Y Thompson N Townsend Y Triplet! YTwiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L Y 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 On the passage of the Bill, as amended, the ayes were 125, nays 16. 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 377. By Representatives Steinberg of the 46th, Childs of the 53rd, Groover of the 99th, and Copelan of the 106th: A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions affecting child custody pro ceedings, so as to provide that, in proceedings between parents, an agreement regarding custody issues may be presented to the court. 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 Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B N Barnett.M YBeck Y Benefield YBenn Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Brown.G YBuck Y Bunruss NByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childere Y Childs Y Clark,B Y Clark.L Y Colbert Y Coleman N Colwell Connell Y Cooper Y Copelan Y Couch YCoi Y Crawford Y Crosby Y Cummings Daugherty N Davis YDean Y Dixon YDobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster YGaler YGodbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays N Heard NHill Y Holcomb Holmes Y Hooks YHome Y Hudson Y Isakson Y JacksonJ 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 YLong YLord Lucas Y Lupton Y Maddoi Y Mangum N Martin.C YMartin.J Y Matthews Y McDonald Y McKelvey McKinney Milam Y Milford N Moody N Moore N Morton N Mostiler Y Moultrie Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter Y Rainey Ramsey.T N Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson,C Y Robinson,P NRoss Y Royal Y Russell Y Selman N Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith.P N Smith,T YSmyre 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 Y 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 THURSDAY, JANUARY 30, 1986 281 On the passage of the Bill, the ayes were 140, nays 17. The Bill, having received the requisite constitutional majority, was passed. HB 1364. By Representatives Walker of the 85th, Padgett of the 86th, Walker of the 115th, Randall of the 101st, Pinkston of the 100th and others: A bill to amend Part 4 of Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to filing of financing statements in secured transactions, so as to require that a financing statement and a continuation statement shall specify the maturity date of the secured obligation or shall specify that the obligation is not subject to a maturity date only as to certain secured transactions. 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 Y Auten Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Bamett.M YBeck Y Benefield YBenn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G YBuck 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 Couch YCoi Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Diion Y Dobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Y Foster Galer YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Banner Y Harris Y Hasty YHays Y Heard Hill Y Holcomb Holmes Y Hooks Y Home Y Hudson YIsakson Y Jackson.J Jackson,N Y Jamieson Y Johnson.D Y Johnson,F Y Johnson.R Y Johnson,S Kilgore Y Kingston YLane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under Y Logan YLong YLord Lucas Y Lupton Maddo* Y Mangum Martin.C Y Martin,J Y Matthews Y McDonald McKelvey Y McKinney Y Milam Y Milford Y Moody Y Moore Y Mortal Y Mostiler Y Moultrie Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson.C Y Robinson,P YRoss Y Royal Y Russell Y Selman On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was 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 Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L YWall Y 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 The Speaker assumed the Chair. HR 363. By Representatives Walker of the 115th and Phillips of the 120th: A RESOLUTION Proposing an amendment to the Constitution so as to provide that general obligation debt by the state may be incurred to finance water or sewage facilities or systems for 282 JOURNAL OF THE HOUSE, counties, municipalities, political subdivisions, and authorities through the Georgia Development Authority and to provide that it shall not be necessary for the state or the Georgia Development Authority to take title to such facilities or systems; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section IV, Paragraph I of the Constitution is amended by adding at the end a new subparagraph (f) to read as follows: "(f) Notwithstanding subparagraphs (c) and (d) of Paragraph I of Section IV of this article or any other provision of this Constitution, the state may incur general obligation debt to finance water facilities or systems or sewage facilities or systems for counties, municipalities, political subdivisions, and authorities through the Georgia Development Authority or its successor in interest. Further, it shall not be necessary for the state or the Georgia Development Authority to take title to such facilities or systems." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES ( ) NO Shall the Constitution be amended so as to provide that general obli gation debt may be incurred by the state to finance water or sewage facilities or systems for counties, municipalities, political subdivisions, and authorities through the Georgia Development Authority and to pro vide that it shall not be necessary for the state or the Georgia Develop ment Authority to take title to such facilities or systems?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The following Committee substitute was read and adopted: A RESOLUTION Proposing an amendment to the Constitution so as to provide that general obligation debt may be incurred by the state to make loans to counties, municipal corporations, polit ical subdivisions, local authorities, and other local governmental entities for water or sewerage facilities or systems; to provide that it shall not be necessary for the state or a state authority to take title to or own such facilities or systems; to provide that such debt may be incurred for a state authority created before, on, or after November 8, 1960; to provide that the proceeds of such debt shall be paid or transferred to, administered or invested by, and the proceeds and investment earnings applied and disbursed by the unit of state government or state authority made responsible by law for such activities; to pro vide that a mutual undertaking by a local governmental entity to borrow and the state or a state authority to lend funds from and to one another for water or sewerage facilities or systems when authorized by law shall be a provision for services and an activity within the intergovernmental contracts provisions of Article IX, Section III, Paragraph I, subparagraph (a); to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section IV, Paragraph I of the Constitution is amended by redesignating current subparagraph (e) as subparagraph (f) and by inserting a new subparagraph (e) to read as follows: THURSDAY, JANUARY 30, 1986 283 "(e) General obligation debt in order to make loans to counties, municipal corpora tions, political subdivisions, local authorities, and other local government entities for water or sewerage facilities or systems. It shall not be necessary for the state or a state authority to hold title to or otherwise be the owner of such facilities or systems. General obligation debt for these purposes may be authorized and incurred for administration and disbursement by a state authority created and activated before, on, or after Novem ber 8, 1960." Section 2. Article VII, Section IV, Paragraph VII of the Constitution is amended by designating the current language of said Paragraph as subparagraph (a) and by adding immediately following such newly designated subparagraph a new subparagraph to read as follows: "(b) Notwithstanding subparagraph (a) of this Paragraph, proceeds from general obligation debt issued for making loans to local government entities for water or sewer age facilities or systems as provided in Paragraph I(e) of this section shall be paid or transferred to and administered and invested by the unit of state government or state authority made responsible by law for such activities, and the proceeds and investment earnings thereof shall be applied and disbursed by such unit or authority." Section 3. Article IX, Section III, Paragraph I, subparagraph (a) of the Constitution is amended by adding thereto the following: "By way of specific instance and not limitation, a mutual undertaking by a local government entity to borrow and an undertaking by the state or a state authority to lend funds from and to one another for water or sewerage facilities or systems pursuant to law shall be a provision for services and an activity within the meaning of this Para graph." Section 4. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that general obli gation debt may be incurred by the state to make loans to local governmental entities for water and sewerage facilities and systems and to provide for the investment and application of the proceeds of such debt and of the earnings on its investment and to provide for intergovern mental contracts not exceeding 50 years for loan agreements for such purposes?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, 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 YAdaros.M YAiken YAlford Y Alien Y Anderson Argo Y Athon Y Atkins Y Auten Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Bolster Y Bostick Y Branch Y Bray Y Brooks Y Brown.G Y Buck Y Burruss Y Byrd Y Carter Y Chambless Y Chance Y Cheeks 284 JOURNAL OF THE HOUSE, Y Childers Y Childs Clark.B Clark.L Y Colbert Y Coleman Y Colwell Y Connell Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis YDean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays Y Heard Hill 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 Y Lawler Y Lawrence Y Lawson Y Lee,C Y Lee.W Y Under Y Logan YLong 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 Mostiler Y Moultrie Mueller Y Oliver.C Y Padgett Pannell YParham Y Parrish Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom Ray Y Reaves Y Redding Y 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,? Y Smith.T Y Smyre Y Stand! Y Steinberg Y Thomas.C Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall YWare 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 adoption of the Resolution, by substitute, the ayes were 153, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute. HB 1142. By Representatives Phillips of the 120th and Walker of the 115th: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Environmental Facilities Authority; to enable the authority to utilize development capital assistance programs of the United States government and in support of this program to assist local governments in meeting their environmental facility needs. 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 Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Cheeks Y Childers Y Childs 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 Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,,! 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 Y Lee.C Y Lee.W Y Linder Y Logan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey Y McKinney YMilam Y Milford Y Moody Y Moore Y Morton THURSDAY, JANUARY 30, 1986 285 Y Mostiler Y Moultrie Mueller YOliver.C Y Padgett YPannell Y Parham Y Parrish Patten Peters YPettit Y Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Ray Y Reaves Y Redding Y Richardson Robinson.C Y Robinson,P Y Rom 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 Steinberg Y Thomas,C 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 Y Workman Y Yeargin Young Murphy,Spkr On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1280. By Representative Phillips of the 120th: A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface-water use, so as to authorize the issuance of general permits for discharges of pollutants; to provide for the administration of certain federal funds. The following amendment was read and adopted: The Committee on Natural Resources and Environment moves to amend HB 1280 by inserting on line 3 of page 1 after the word "as" the following: "to authorize the director to set the permit term consistent with federal law but not to exceed ten years;". and Delete Section 6 starting on line 5 through line 13 of page 8 and On line 14 delete 6 after the word Section and insert 7 and On line 17 delete 7 after the word Section and insert 8. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Aaron YAdams.G YAdams,M YAiken YAlford Y Alien Y Andersen Y Argo YAthon Y Atkins YAuten Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M Y Beck Y Benefield YBenn Y Birdsong Bishop Y Bolster YBostick Y Branch Y Bray Y Brooks Y Brown.G Y Buck Y Burruss Y Byrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Colbert Y Coleman Y Colwell Y Conneli Y Cooper Y Copelan Y Couch Y Coi Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Diion Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Manner Y Harris Y Hasty Y Hays Y Heard Y Hill Y Holcomb 286 JOURNAL OF THE HOUSE, Holmes Y Hooks Y Home Y Hudson Y Isakson Y JacksonJ Jackson.N Y Jamieson Johnson.D Y Johnson.F Y Johnson.R Y Johnson.S YKilgore Y Kingston vY TLa_ne.Dn Y Lane.R Y 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 Y Martin.J Y Matthews McDonald Y McKelvey Y McKinney vY KMAil;aI--m Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Mueller Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T vY *R>a.m,.s.,ey.,.V\7 Y Randall Y Ransom Y Ray Y Reaves Y Redding Y Richardson Robinson.C Y Robinson.P Y Ross Y Royal Y Russell Selman Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,P Y Smith.T Y Smyre vY GSt*an--ci;li Steinberg Y Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplet! Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts White y Wilder v Williams B Y William,'I v war.Z B * wuiiams.K Wilson Y Wood Y Workman V Yeargm Young Murphy.Spkr On the passage of the Bill, as amended, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1143. By Representative Phillips of the 120th: A bill to amend Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to rivers and river basins, so as to extend the exemption for certain dams by one year; to authorize the State of Georgia to make grants for dam repair of certain dams; to empower the Environ mental Protection Division of the Department of Natural Resources to administer these grants. The following Committee substitute was read and adopted: A BILL To amend Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Anno tated, relating to rivers and river basins, so as to extend the exemption from coverage under the article for certain dams; 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 5 of Title 12 of the Official Code of Georgia Anno tated, relating to rivers and river basins, is amended by striking division (4)(B)(ii) of Code Section 12-5-372, relating to definitions under the "Georgia Safe Dams Act of 1978," and inserting in lieu thereof a new division (4)(B)(ii) to read as follows: "(ii) Any dam constructed or financially assisted by the United States Soil Conser vation Service or any other department or agency of the United States government when such department or agency designed or approved plans and supervised construction and maintains a regular program of inspection of the dam; provided, however, that this exemption shall cease on November 1, 1086 1990, for all such dams over which the supervising federal agency has relinquished authority for the operation and maintenance of such a dam to a person unless the supervising federal agency certifies by said date and at least biannually thereafter to the director that such dams are in compliance with requirements of this part, including minimum spillway design, and with the maintenance standards of the supervising federal agency;". Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. THURSDAY, JANUARY 30, 1986 287 Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 122, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1144. By Representative Phillips of the 120th: A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste disposal and treatment, so as to change the definitions of "hazardous constituent," "hazardous waste," and "solid waste"; to change the definition of "guarantor"; to provide that claims may be pursued directly against the guarantor where jurisdiction cannot be obtained over an owner or operator. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1145. By Representatives Phillips of the 120th, Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for the preservation, protection, and improvement of the environment and to govern and control the storage of regulated substances in underground tanks so as to safeguard the public health, safety, and welfare. The following Committee substitute was read and adopted: A BILL To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for the preservation, protection, and improvement of the environment and to govern and control the storage of regulated substances in underground tanks so as to safeguard the public health, safety, and welfare; to provide a short title; to provide a public policy in regard to the storage of regulated substances in underground tanks; to provide definitions; to designate the state agency and the state offi cial responsible for administering the chapter; to provide for powers, duties, and responsi bilities of the Board of Natural Resources relating to the storage of regulated substances in underground tanks; to provide for powers, duties, and responsibilities of the director of the Environmental Protection Division relating to the storage of regulated substances in underground tanks; to provide for evidence of financial responsibility on the part of owners arising from the operation of an underground storage tank; to provide for notifica tion of underground storage tanks to the division; to provide for an interim prohibition on installing underground storage tanks; to provide for inspections and investigations relating to the storage of regulated substances in underground tanks; to provide for pro ceedings before the director; to provide for orders and for a right of hearing; to provide for injunctive relief in the superior courts; to provide for hearings on contested matters and judicial review of orders; to provide for judgments based upon orders from which no 288 JOURNAL OF THE HOUSE, appeal is taken or which are affirmed upon administrative appeal; to provide for emer gency orders immediately effective when necessary to meet emergencies; to provide for imposition of civil penalties for violations of these provisions; to provide procedures and hearing for imposing those penalties and to specify criteria and factors to be considered by the hearing officer in imposing those penalties; to provide for protection of confidential information received by the Environmental Protection Division; to provide for representa tion by the Attorney General; 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 12 of the Official Code of Georgia Annotated, relating to conser vation and natural resources, is amended by adding at the end thereof a new Chapter 11 to read as follows: "CHAPTER 11 12-11-1. This chapter shall be known as and may be cited as the 'Georgia Under ground Storage Tank Act.' 12-11-2. (a) It is declared to be the public policy of the State of Georgia, in further ance of its responsibility to protect the public health, safety, and well-being of its citi zens and to protect and enhance the quality of its environment, to institute and maintain a comprehensive state-wide program for the management of regulated sub stances stored in underground tanks. (b) It is the intent of the General Assembly that the Environmental Protection Divi sion of the Department of Natural Resources shall be designated as the state agency to administer the provisions of this chapter. The director of the Environmental Protection Division of the Department of Natural Resources shall be the official charged with the primary responsibility for the enforcement of this chapter. In exercising any authority or power granted by this chapter and in fulfilling duties under this chapter, the director shall conform to and implement the policies outlined in this chapter. 12-11-3. As used in this chapter, the term: (1) 'Board' means the Board of Natural Resources of the State of Georgia. (2) 'Department' means the Department of Natural Resources of the State of Georgia. (3) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (4) 'Division' means the Division of Environmental Protection of the Department of Natural Resources of the State of Georgia. (5) 'Federal act' means the Solid Waste Disposal Act, 42 U.S.C. Section 3152, et seq., as amended, particularly by the Hazardous and Solid Waste Amendments of 1984, Public Law 98-616, 42 U.S.C. Section 6991, et seq. (6) 'Guarantor* means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator. (7) 'Nonoperational storage tank' means any underground storage tank in which regulated substances will not be deposited or from which regulated substances will not be dispensed after April 1, 1986. (8) 'Operator' means any person in control of or having responsibility for the daily operation of the underground storage tank. (9) 'Owner' means, in the case of an underground storage tank in use on April 1, 1986, or brought into use after that date, any person who owns an underground stor age tank used for the storage, use, or dispensing of regulated substances and, in the case of any underground storage tank in use before April 1, 1986, but no longer in use on April 1, 1986, any person who owned such tank immediately before the discon tinuation of its use. (10) 'Persons' means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, association, municipality, commis sion, political subdivision, or any agency, board, department, or bureau of this state or any other state or of the federal government. THURSDAY, JANUARY 30, 1986 289 (11) 'Regulated substance' means any substance defined in Section 101 (14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., but not including any substance regulated as a hazardous waste under the 'Georgia Hazardous Waste Management Act of 1980,' and petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure, 60 degrees Fahrenheit and 14.7 pounds per square inch absolute. (12) 'Release' means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank into ground water, surface water, or subsurface soils. (13) 'Underground storage tank' means any one or combination of tanks, including underground pipes connected thereto, which is used to contain an accumulation of regulated substances and the volume of which, including the volume of the under ground pipes connected thereto, is 10 percent or more.beneath the surface of the ground. 12-11-4. This chapter shall not apply to the following: (1) Any farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; (2) Any tank used for storing heating oil for consumptive use on the premises where stored; (3) Any septic tank; (4) Any pipeline facility, including gathering lines, regulated under: (A) The Natural Gas Pipeline Safety Act of 1968, 49 U.S.C.A. 1671, et seq.; or (B) The Hazardous Liquid Pipeline Safety Act of 1979, 49 U.S.C.A. 2001, et seq.; (5) Any surface impoundment, pit, pond, or lagoon; (6) Any storm water or waste water collection system; (7) Any flow-through process tank; (8) Any liquid trap or associated gathering lines directly related to oil or gas pro duction and gathering operations; or (9) Any storage tank situated in an underground area, such as a basement, cellar, mine working, drift, shaft, or tunnel, if the storage tank is situated upon or above the surface of the floor. 12-11-5. In the performance of its duties, the board shall have and may exercise the power to: (1) Adopt, promulgate, modify, amend, and repeal rules and regulations to imple ment and enforce the provisions of this chapter as the board may deem necessary to provide for the management of regulated substance storage in underground tanks to protect the environment and health of humans. Such rules and regulations may be applicable to the state as a whole or may vary from area to area, as may be appropri ate to facilitate the accomplishment of the provisions, purposes, and policies of this chapter. The rules and regulations shall include, but shall not be limited to, the following: (A) Rules and regulations governing and controlling standards and control mea sures applicable to underground storage tanks and owners or operators of under ground storage tanks. These standards and control measures may include, but are not limited to: (i) Requirements for maintaining a leak detection system, an inventory con trol system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment; (ii) Requirements for maintaining records of any monitoring or leak detection system or inventory controls or inventory control system or tank testing or comparable system; (iii) Requirements for reporting of any releases and corrective actions taken in response to a release from an underground storage tank; (iv) Requirements for taking corrective action in response to a release from an underground storage tank; and 290 JOURNAL OF THE HOUSE, (v) Requirements for the closure of tanks to prevent future releases of regu lated substances into the environment; (B) Rules and regulations containing requirements for maintaining evidence of financial responsibility; (C) Rules and regulations establishing procedures to ensure public access to records and to ensure protection of trade secrets and confidential information, the disclosure of which to the director is required by this chapter or the rules and regu lations adopted pursuant to this chapter; (D) Rules and regulations establishing a fee system for owners and operators of underground storage tanks which may be used for corrective action, compensation, and to defray administrative costs; (E) Rules and regulations concerning the certification, overview, and withdrawal of certification for local programs to be operated in conjunction with or in lieu of the state program; and (F) Rules and regulations for notifying the division of the existence of any oper ational or nonoperational underground storage tank. (2) Take all necessary steps to ensure the effective enforcement of this chapter. 12-11-6. (a) The director shall have and may exercise the following powers and duties: (1) To exercise general supervision over the administration and enforcement of this chapter and all rules, regulations, and orders issued under this chapter; (2) To encourage, participate in, or conduct studies, reviews, investigations, research, and demonstrations relating to underground tank storage of regulated sub stances in this state as he deems advisable and necessary; (3) To make investigations, analyses, and inspections to determine and ensure compliance with this chapter, the rules and regulations promulgated under this chapter, and any orders which the director may issue; (4) To enter into such contracts as may be required or necessary to effectuate the provisions of this chapter or the rules and regulations; (5) To prepare, develop, amend, modify, submit, and enforce any comprehensive plan or program sufficient to comply with this chapter and the federal act for the con trol, regulation, and monitoring of underground tank storage of regulated substances in this state, or either; (6) To develop and implement plans to achieve goals and objectives set by any comprehensive plan or program; (7) To conduct such public hearings as are required by this chapter or as he deems necessary for the proper administration of this chapter and to control and manage the conduct and procedure for such public hearings; (8) To advise, consult, cooperate, and contract on underground tank storage of regulated substance matters with other agencies of this state, political subdivisions thereof, and other designated organizations or entities; and, with the approval of the Governor, to negotiate and enter into agreements with the governments of other states and the United States and their several agencies, subdivisions, or designated organiza tions or entities; (9) To collect and disseminate information and to provide for public notification in matters relating to underground tank storage of regulated substances; (10) To issue, amend, modify, or revoke orders as may be necessary to ensure and enforce compliance with the provisions of this chapter and all rules and regulations promulgated under this chapter; (11) To institute, in the name of the division, proceedings of mandamus, injunction, or other proper administrative and civil proceedings to enforce the provisions of this chapter, the rules and regulations promulgated under this chapter, or any orders issued under this chapter; (12) To accept, receive, administer, or disburse grants from public or private sources for the purpose of the proper administration of this chapter or for carrying out any of the duties, powers, or responsibilities under this chapter; THURSDAY, JANUARY 30, 1986 291 (13) To grant variances in accordance with the provisions of this chapter and the rules and regulations promulgated under this chapter, provided such variances are not inconsistent with the federal act and rules or regulations promulgated under such act; (14) To encourage voluntary cooperation by persons and affected groups to achieve the purposes of this chapter; (15) To assure that the State of Georgia complies with the federal act and retains maximum control under such act and receives all desired federal grants, aid, and other benefits; (16) To require any person who is an owner or operator of an underground storage tank to notify the division in writing as provided by this chapter; (17) To require any person who is an owner of an underground storage tank taken out of operation after January 1, 1974, to notify the division in writing as provided by this chapter; (18) To maintain an inventory of underground tanks within the state, including such information as location, identity, quantity, method of storage, owners and oper ators, and any other information which the director may deem necessary to administer and enforce this chapter; (19) To adopt, promulgate, modify, amend, and repeal criteria for the identification of regulated substances and the determination of whether any substance or combi nation of substances is regulated for the purposes of this chapter; (20) To establish underground storage tank technical standards for the state pro vided they are in all cases not less stringent than provided by the federal act; (21) To take all necessary steps to ensure that the administration of this chapter is consistent with and equivalent to the provisions of the federal act and any stan dards, rules, or regulations promulgated under such act, toward the end that the State of Georgia shall have maximum control over the storage of regulated substances in underground tanks in this state; and (22) To exercise all incidental powers necessary to carry out the purposes of this chapter. (b) The powers and duties provided for in subsection (a) of this Code section may be exercised and performed by the director through such duly authorized employees of the department as the director deems necessary and proper. 12-11-7. (a) Until the effective date of rules and regulations adopted by the board under Code Section 12-11-5, no person may install an underground storage tank for the purpose of storing regulated substances unless such tank: (1) Will prevent releases due to corrosion or structural failure for the operational life of the tank; (2) Is cathodically protected against corrosion, constructed of noncorrosive mate rial, or designed in a manner to prevent the release or threatened release of any stored substance; and (3) Uses material in the construction or lining of the tank that is compatible with the substance to be stored. (b) Notwithstanding subsection (a) of this Code section, if soil tests conducted in accordance with ASTM Standard G57-78 show that soil resistivity in an installation location is 12,000 ohm/cm or more, unless a more stringent standard is prescribed by the board by rule, a storage tank without corrosion protection may be installed in that location during the period referred to in subsection (a) of this Code section. 12-11-8. (a) The director or an authorized employee of the department, upon pre sentation of his credentials, shall have a right to enter upon, to, or through premises of persons subject to this chapter, or premises whereon a violation of this chapter or rules and regulations is reasonably believed to be occurring or is reasonably believed to be about to occur, to investigate, take samples, copy all records relating to storage of regu lated substances in underground tanks, and to inspect for compliance with the require ments imposed under this chapter or the rules and regulations, or to determine whether such a violation or threatened violation exists in accordance with the following purposes: (1) For the purpose of determining whether any person subject to the require ments of this chapter is in compliance with any standard or requirement imposed pur suant to this chapter; 292 JOURNAL OF THE HOUSE, (2) For the purpose of investigating conditions relating to underground storage tanks where the director is in possession of information sufficient to form a reasonable belief that a violation of this chapter or the rules and regulations is occurring or is about to occur; or (3) For the purpose of determining whether there has been a violation of any of the provisions of this chapter, the rules and regulations promulgated under this chapter, or order issued pursuant to this chapter and the rules and regulations. (b) In the event any person does not consent to an inspection or investigation, the director or an authorized employee of the department may seek to obtain a warrant authorizing the inspection or investigation. (c) Each such inspection or investigation shall be commenced and completed with reasonable promptness. If the director or authorized employees of the department obtain any samples prior to leaving the premises, he shall give to the owner, operator, or agent in charge a receipt describing the sample obtained and, if requested, a portion of each such sample equal in volume or weight to the portion retained. If any analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge. 12-11-9. (a) The board shall promulgate regulations containing requirements for maintaining evidence of financial responsibility as deemed necessary and desirable for taking corrective action and for compensation of third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from oper ating an underground storage tank. (b) Financial responsibility required by this Code section may be established in accordance with regulations promulgated by the board by any one or combination of the following: insurance, guaranty, surety bond, letter of credit, or qualification as a self-in surer. In promulgating requirements under this Code section, the board is authorized to specify policy or other contractural terms, conditions, or defenses which are necessary or are unacceptable in establishing such evidence of financial responsibility in order to effectuate the purposes of this chapter. (c) In any case where the owner or operator is in bankruptcy, reorganization, or arrangement pursuant to the federal Bankruptcy Code or where, with reasonable dili gence, jurisdiction in any state court or the federal courts cannot be obtained over an owner or operator likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial responsibility must be provided under this Code section may be asserted directly against the guarantor providing such evidence of finan cial responsibility. In the case of any action pursuant to this subsection, such guarantor shall be entitled to invoke all rights and defenses which would have been available to the owner or operator if any action had been brought against the owner or operator by the claimant and which would have been available to the guarantor if any action had been brought against the owner or operator by the claimant and which would have been available to the guarantor if an action had been brought against the guarantor by the owner or operator. (d) The total liability of any guarantor shall be limited to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator under this Code section. Nothing in this Code section shall be construed to limit any other state or federal statutory, contractural, or common law liability of a guarantor to its owner or operator including, but not limited to, the liability of such guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim. Nothing in this Code section shall be construed to diminish the liability of any person under Sections 107 and 111 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601, et seq. (e) (1) If the director determines that an underground storage tank has been aban doned, that the owner or operator thereof has become insolvent, or that for any other reason there is a demonstrated inability of the owner or operator to comply with the provisions of this Code section or to effectuate corrective action as required by this chapter to the satisfaction of the director, the director may implement the applicable financial responsibility instrument. The proceeds from any applicable financial THURSDAY, JANUARY 30, 1986 293 responsibility instrument shall be deposited in a special account designated as the 'Underground Storage Tank Facility Trust Fund.' The director shall serve as the trustee of any such facility trust fund, and the funds deposited in any such fund shall be used only for corrective action or liability insurance coverage required for the facil ity. The determination of whether there has been an abandonment, default, or other refusal or inability to perform and comply with corrective action or liability insurance requirements shall be made by the director. (2) In addition to any underground tank facility trust fund established by para graph (1) of this subsection, there shall be established the 'Underground Tanks Trust Fund." The director shall serve as trustee of this fund. The moneys deposited in such fund pursuant to Code Section 12-11-16 may be expended by the director as consid ered necessary to ensure the protection of the environment or public health or safety. The deposited funds shall not be used for normal operating expenses of the division but shall be expended only for corrective action for releases of regulated materials from tanks which have been abandoned or on which the owner or operator has defaulted or otherwise refused to perform the necessary corrective action. 12-11-10. In the event of any discharge or threatened discharge of a regulated sub stance that results from any violation of this chapter, the state or any of its agencies may recover in a civil action from any owner, operator, or other responsible person all costs incurred by the state or any of its agencies in the assessment and the reparation of any discharge of a regulated substance and all costs incurred in the prevention, abate ment, or removal of any threatened discharge of a regulated substance, including reason able attorney's fees and any other necessary costs of response incurred by the state or any of its agencies. 12-11-11. (a) Any person who owns an underground storage tank will notify the division, on forms provided by the division, within a reasonable number of days which the director shall specify, indicating the age, size, type, location, and uses of such tanks, identifying the regulated substances stored, and providing any other information which may be deemed relevant under such conditions as the director may prescribe. (b) Any person who owns an underground storage tank taken out of service after January 1, 1974, shall notify the division in writing, on forms provided by the division, within a reasonable number of days which the director shall specify, indicating the date the tank was taken out of operation, the age of the tank at the date taken out of oper ation, the size, type, and location of the tank, and the type and quantity of substances left stored in such tank on the date taken out of operation and shall provide any other information which may be deemed relevant under such conditions as the director may prescribe. (c) Any owner who brings into use an underground storage tank after April 1, 1986, shall notify the division, on forms provided by the division, within 30 days of the exist ence of such tank, specifying the age, size, type, location, and uses of such tank. (d) Until May 7, 1987, any person who deposits regulated substances in an under ground storage tank shall reasonably notify the owner or operator of such tank of the owner's notification requirements pursuant to this Code section. (e) Beginning 30 days after the board issues new tank performance standard rules and regulations pursuant to Code Section 12-11-5, any person who sells a tank intended to be used as an underground storage tank shall notify the purchaser of such tank of the owner's notification requirements pursuant to this Code section. 12-11-12. (a) Whenever the director has reason to believe that a violation of any provision of this chapter, any rule or regulation of the board, or any order of the direc tor has occurred, he shall attempt to remedy the same by conference, conciliation, or persuasion. In case of failure of such conference, conciliation, or persuasion to correct or remedy any violation, the director may issue an order directed to such violator or vio lators. The order shall specify the provisions of the chapter or rules or regulations or order alleged to have been violated and may order that necessary corrective action be taken within a reasonable time to be prescribed in the order. Any order issued by the director under this Code section shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing pursuant to Code Section 12-11-13. 294 JOURNAL OF THE HOUSE, (b) Whenever the director has reason to believe that there is or has been a release of a regulated substance into the environment from an underground tank, regardless of the time at which storage of such material occurred, and has reason to believe that such release poses a danger to health or the environment, the director shall attempt to obtain corrective action for such release by conference, conciliation, and persuasion. In the case of failure of such conference, conciliation, or persuasion to obtain corrective action, the director may issue an order directed to any person, including any past owner or operator who has contributed to such release. The order may direct that necessary corrective action be taken within a reasonable time to be prescribed in the order. 12-11-13. Whenever, in the judgment of the director, any person has engaged in or is about to engage in any act or practice which constitutes or would constitute a viola tion of this chapter, the rules and regulations, or any order or permit conditions, he may make application to the superior court of the county in which the violative act or prac tice has been or is about to be engaged in or in which the owner or operator resides for an order enjoining such act or practice or for an order requiring compliance with this chapter, the rules and regulations, or the order, and upon a showing by the director that such person has engaged in or is about to engage in any such violative act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing the lack of an adequate remedy at law. 12-11-14. All hearings on and review of contested matters, orders, and all hearings on and review of any other enforcement actions or orders under this chapter shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2. The hearing and review procedure herein provided is to the exclusion of all other means of hearing or review. 12-11-15. Any order of a hearing officer issued after a hearing as provided in Code Section 12-11-13 or any order of the director issued pursuant to Code Section 12-11-11 either unappealed from as provided in those Code sections or affirmed or modified on any review or appeal pursuant to Code Section 12-11-13, and from which no further review is taken or allowed under Code Section 12-11-13, may be filed, as unappealed from or as affirmed or modified, if reviewed or appealed, by certified copy from the director in the superior court of the county wherein the person under order resides or, if said person is a corporation, in the county wherein the corporation maintains its prin cipal place of business or in the county wherein the violation occurred. The superior court shall then render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and all proceedings in relation thereto shall be the same as though said judgment had been rendered in an action duly heard and deter mined by such court. 12-11-16. It shall be unlawful for any person to engage in the storage of regulated substances in underground tanks except in such a manner so as to conform to and comply with any provisions of this chapter or any of the rules, regulations, and orders established under this chapter. 12-11-17. (a) If a violator fails to comply with an order under Code Section 12-11-11 within the time specified in the order, he shall be liable for a civil penalty of not more than $25,000.00 for each day of continued noncompliance. (b) Any owner or operator who knowingly fails to notify or submits false information pursuant to Code Section 12-11-10 shall be subject to a civil penalty not to exceed $10,000.00 for each tank for which notification is not given or false information is sub mitted. (c) Any owner or operator of an underground storage tank shall be subject to a civil penalty not to exceed $10,000.00 for each tank for each day of violation if he fails to comply with: (1) Any requirement, standard, rule, or regulation promulgated by the board; and (2) The provisions of Code Section 12-11-7. (d) Any person not subject to the provisions of 18 U.S.C. 1905 who knowingly and willfully divulges or discloses any information entitled to protection under Code Section 12-11-19 shall, upon conviction, be subject to a fine of not more than $5,000.00 or to imprisonment not to exceed one year, or both. THURSDAY, JANUARY 30, 1986 295 (e) Whenever the director has reason to believe that any person has violated any provision of this chapter or any rule or regulation effective under this chapter or has failed or refused to comply with any final order or emergency order of the director, he may upon written request cause a hearing to be conducted before a hearing officer appointed by the board. Upon finding that said person has violated any provision of this chapter or any rule or regulation effective under this chapter or has failed or refused to comply with any final order or emergency order of the director, said hearing officer shall issue his decision imposing civil penalties as provided in this Code section. Such hearing and any administrative or judicial review thereof shall be conducted in accord ance with Code Section 12-11-13. (f) In rendering a decision under this Code section imposing civil penalties, the hear ing officer shall consider all factors which are relevant including, but not limited to, the following: (1) The amount of civil penalty necessary to ensure immediate and continued compliance and the extent to which the violator may have profited by failing or delay ing to comply; (2) The character and degree of impact of the violation or failure on the natural resources of the state, especially any rare or unique natural phenomena; (3) The conduct of the person incurring the civil penalty in promptly taking all feasible steps or procedures necessary or appropriate to comply or to correct the viola tion or failure; (4) Any prior violations or failures to comply by such person with statutes, rules, regulations, or orders administered, adopted, or issued by the director; (5) The character and degree of injury to or interference with public health or safety which is caused or threatened to be caused by such violation or failure; and (6) The character and degree of injury to or interference with reasonable use of property which is caused or threatened to be caused by such violation or failure. (g) All civil penalties recovered by the director as provided in this Code section shall be paid into the Underground Storage Tank Trust Fund in accordance with the provi sions of Code Section 12-11-9. 12-11-18. Whenever the director finds that an emergency exists requiring immedi ately action to protect the public health, safety, or well-being, the director, with the concurrence of the Governor, may issue an order declaring the existence of such an emergency and requiring that such action be taken to meet the emergency as the direc tor specifies. Such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but on application to the director shall be afforded a hearing within 48 hours. On the basis of such hearing, the director may continue such order in effect, revoke it, or modify it. 12-11-19. (a) Any records, reports, or information obtained from any person pur suant to this chapter shall be available to the public, except that upon a showing satis factory to the director by any person that such records, reports, or information or a particular part thereof to which the director or any officer, employee, or representative thereof has access pursuant to this chapter, if made public, would divulge information entitled to protection under 18 U.S.C. 1905, such information or particular portion thereof shall be considered confidential in accordance with the purposes of that Code section. However, such confidential record, report, document, or information may be dis closed to other officers, employees, or authorized representatives of the State of Georgia or the United States concerned with carrying out this chapter or the federal act or, when relevant, to any proceedings under this chapter or the federal act. (b) In submitting information pursuant to this chapter, a person required to provide such information may: (1) Designate the information which such person believes is entitled to protection under this Code section; and (2) Submit such designated information separately from other data submitted under this Code section. 12-11-20. It shall be the duty of the Attorney General or his representative to repre sent the director in all actions in connection with this chapter." 296 JOURNAL OF THE HOUSE, Section 2. This Act shall become effective on April 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 sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Bailey Balkcom Y Bannister N Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield Benn Y Birdsong Y Bishop Y Bolster Bostick N Branch NBray Brooks Y Brown.G YBuck Y Burruss NByrd N Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark,B Clark,L Y Colbert Coleman Colwell Connell Cooper N Copelan Y Couch NCoi Y Crawford Y Crosby Y Cummings Daugherty Y Davis YDean Y Dixon YDobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Galer Y Godbee YGoodwin N Greene Y Greer Y Groover Hamilton Hanner Y Harris Y Hasty NHays Y Heard Hill Y Holcomb Holmes Y Hooks Home N Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieaon Y Johnson.D Y Johnson.F Y Johnson,R Y Johnson,S Kilgore Y Kingston Y Lane.D Lane.R Y Lawler Y Lawrence YLawson YLee,C YLee.W Y Under YLogan YLong YLord Lucas Y Lupton Maddox N Mangum Y Martin,C YMartinJ N Matthews Y McDonald Y McKelvey McKinney YMilam Milford N Moody N Moore Y Morton Y Mostiler Moultrie Mueller Oliver.C Y Padgett Y Pannell NParham Y Parrish Patten Y Peters Pettit Y Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay N Reaves Y Redding Y Richardson Robinson.C Y Robinson.P YRoss N Royal Y Russell Selman N Shepard Y Sherrod Y Sinkfield N Sizemore Y Smith,L Y Smith.P N Smith.T Y Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas,M Y Thompson Y Townsend N Triplett NTwiggs Y Waddle Y Waldrep Walker.C N Walker.L Y Wall YWare N Watson Y Watts White Y Wilder Y Williams,B Y WiUiams,J Y Williams,R Y Wilson Y Wood Workman N Yeargin Young Murphy,Spkr On the passage of the Bill, by substitute, the ayes were 119, nays 25. The Bill, having received the requisite constitutional majority, was passed, by substi tute. Under the general order of business, the following Bill of the House was again taken up for consideration: HB 493. By Representatives Shepard of the 71st and Copelan of the 106th: A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Anno tated, relating to guardians of incapacitated persons, so as to authorize a guardian under certain conditions to establish an estate plan to minimize taxes and to make tax motivated dispositions of the ward's property. The following Committee substitute was read: THURSDAY, JANUARY 30, 1986 297 A BILL To amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated persons, so as to authorize a guardian under certain condi tions to make estate planning tax-motivated dispositions of the ward's property; to provide for conditions and procedures; to provide for other matters relative thereto; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated persons, is amended by adding between Code Section 29-5-5 and Code Section 29-5-6 a new Code Section 29-5-5.1 to read as follows: "29-5-5.1. (a) On application of the guardian of the property of an adult ward, or any interested party, and after notice to all interested persons and to such other persons as the court may direct, and on a showing that the ward will probably remain incompe tent during that ward's lifetime, the superior court may, after hearing and by order, authorize the guardian of the property to apply such principal or income of the ward's estate that is not required for the support of the ward during that ward's lifetime or for the support of that ward's family toward the establishment of an estate plan for the purpose of minimizing income, estate, inheritance, or other taxes payable out of the ward's estate. The court may authorize the guardian of the property to make transfers of the ward's personal or real property, outright or in trust, on behalf of the ward, upon a finding that a competent reasonable person in the ward's circumstances would make the transfers and that there is no evidence that the ward, if competent, would not make the transfers, and shall take into consideration the following factors: (1) The value of the entire estate of the ward, other sources of support available to the ward, and the income produced thereby; (2) The probable expenses for support, care, and maintenance of the ward for the remainder of the ward's lifetime in the standard of living to which the ward has become accustomed; (3) The identity of the proposed transferees, and in particular whether they are natural objects of the ward's bounty by relationship or prior behavior of the ward; (4) The purpose and estate planning benefit to be derived by the transfer as well as the possible harm to any interested party; and (5) Any previous history of or predisposition toward making similar transfers by the ward. (b) Any party in interest who shall bring a petition under this section, including the guardian of the person or the guardian of the property, shall be eligible to receive trans fers under this Code section provided such party in interest is shown to be a natural object of the ward's bounty by relationship or prior behavior of the ward. (c) The court may appoint a guardian ad litem for the ward or any interested party at any stage in the proceedings, if deemed advisable for the protection of the ward or the interested party. (d) Modifications of an approved plan may be made by similar application to the court." Section 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Pinkston of the 100th and Shepard of the 71st move to amend the House Judiciary Committee substitute to HB 493 by striking lines 24 and 25 on page 1 in their entirety and substituting in lieu thereof the following: "during that ward's lifetime or for the support of those persons who are legally dependent upon such ward toward the establishment of an estate plan". 298 JOURNAL OF THE HOUSE, By striking lines 12 through 15 on page 2 in their entirety and substituting in lieu thereof the following: "(2) The probable expenses for support, care, and maintenance of the ward and for the support of those persons who are legally dependent upon such ward for the remain der of the ward's lifetime in the standard of living to which the ward and such legally dependent persons have become accustomed;". By striking lines 32 through 35 on page 2 in their entirety and substituting in lieu thereof the following: "(c) The court shall appoint a guardian ad litem for the ward and any minor inter ested party and the court may appoint a guardian ad litem at any stage of the proceed ings, if deemed advisable, for the protection of any other interested party." The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Bamett,M YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Brooks Y Brown.G 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 Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty YDavis Dean Diton Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster YGaler YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Harris Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks YHome Y Hudson Ylsakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson.F Y Johnaon.R Y Johnson.S Kilgore Y Kingston YLane.D Y Lane,R Y Lawler Y Lawrence Y Lawson YLee,C YLee.W Y Under YLogan YLong YLord Y Lucas Y Lupton Y Maddoi Y Mangum Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey Y McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Moultrie Mueller Oliver.C Y Padgett Y Pannell YParham Y Parrish Patten Y Peters Y 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 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 YSrayre Y Stancil Y 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 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 On the passage of the Bill, by substitute, as amended, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: THURSDAY, JANUARY 30, 1986 299 HB 1233. By Representatives Padgett of the 86th, Ransom of the 90th, Walker of the 85th, Brown of the 88th, Connell of the 87th and others: A bill to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries in general, so as to pro vide that in counties in which more than two terms of court are held each year the judge or judges of superior court may by court order provide that certain duties of the grand jury need not be carried out by each grand jury at each term of court. 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 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 Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childere Y 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 Dean Dixon Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster YGaler YGodbee YGoodwin Y Greene Y Greer Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks Home Hudson YIsakson 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 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 YMorton Y Mostiler Moultrie Mueller Oliver.C Y Padgett Y Pannell YParham Y Parrish Patten Y Peters Y Pettit Y Phillips Pinkston Porter Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson.C Y Robinson,P 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 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 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 147, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1203. By Representatives Lane of the 27th, Aaron of the 56th, Alford of the 57th, Athon of the 57th and Greer of the 39th: A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to Metropolitan Area Planning and Development Commissions, so as to provide that a commission shall engage in a continu ous program of research, studies, and planning beginning April 1, 1986, to find ways and means to abate or mitigate the hardships of citizens residing in the area which are caused by the noise, pollution, and other environmental conditions. 300 JOURNAL OF THE HOUSE, The following amendment was read: The Committee on State Planning and Community Affairs moves to amend HB 1203 as follows: On Page 1, Line 4, delete the word "shall" and insert in lieu thereof: "may upon written authorization from a participating local government". On Page 1, Line 10, delete the word "airport" and insert in lieu thereof the word "airport(s)". On Page 1, Line 10, delete "by the most populous municipality in" and insert in lieu thereof the word "within". On Page 1, Line 25, delete the word "shall" and insert in lieu thereof: "may upon written authorization from a participating local government". On Page 2, Line 5, delete the word "airport" and insert in lieu thereof the word "airport(s)". On Page 2, Lines 5 and 6, delete "by the most populous municipality in" and insert in lieu thereof the word "within". The following amendment was read and lost: Representative Johnson of the 72nd moves to amend the Committee amendment to HB 1203 by striking wherever they appear, the words "a participating local government" and inserting, "the local government within which the airport is located." The Committee amendment was adopted. 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 Y Argo Y Athon Y Atkins Y Auten Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M Beck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter Y 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 YCoj Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon N Dobbs Y Dover Y Dunn Y Edwards Felton Y Floyd Y Poster Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Hamilton Y Manner Y Harris Y Hasty YHays N Heard YHill N 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 Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Lawler Y Lawrence Y Lawson YLee,C YLee.W Y Under YLogan YLong YLord Y Lucas Y Lupton Y Maddoi Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Milam Milford Y Moody Y Moore Y Morion N Mostiler Moultrie Mueller Oliver.C Padgett Pannell YParham Y Parrish Patten Y Peters Pettit Y Phillips Pinkaton 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 THURSDAY, JANUARY 30, 1986 301 YRoss Y Royal Y Russell YSelman YShepard YSherrod YSinkfield YSizemore YSmith,L Y Smith.P YSmith.T Y Smyre 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 Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams.R Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr On the passage of the Bill, as amended, the ayes were 144, nays 4. The Bill, having received the requisite constitutional majority, was passed, as amended. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1140. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th, Connell of the 87th, Lee of the 72nd and others: A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1986, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes pro vided for herein. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 1140 The Committee of Conference on HB 1140 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1140 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Terrell A. Starr Senator, 44th District M Al Holloway Senator, 12th District FOR THE HOUSE OF REPRESENTATIVES: /s/ Jfuren McDonald Jr. Representative, 12th District /s/ A. L Burruss Representative, 20th District /s/ Joseph E. Kennedy Senator, 4th District /s/ L. L. Phillips Representative, 120th District A BILL To amend an Act providing appropriations for the State Fiscal Year 1985-1986, known as the "General Appropriations Act," approved April 10, 1985 (Ga. L. 1985, p. 1521), so as to add certain appropriations and authorizations for the State Fiscal Year 1985-1986; 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. An Act providing appropriations for the State Fiscal Year 1985-1986, known as the "General Appropriations Act," approved April 10, 1985 (Ga. L. 1985, p. 1521), is amended by striking Sections 86, 87, and 88 and substituting in lieu thereof the following: 302 JOURNAL OF THE HOUSE, "PART IV ADDITIONAL EXECUTIVE BRANCH APPROPRIATIONS Section 86. Department of Administrative Services, for Direct Payments to the Georgia Building Authority for Capital Outlay. STATE APPROPRIATION.................................................................................! 1,000,000 Provided that the Georgia Building Authority and the Georgia State Financing and Investment Commission are authorized to apply $3,217,000 of existing general obligation bond proceeds for building renovations and for the acquisition of furniture and fixtures. Section 87. Department of Agriculture. The Department is authorized and directed to permit the use of funds previously appropriated for the implementation of a merit-type salary plan for employees of the Poultry Veterinary Diagnostic Laboratories, effective February 1, 1986. Section 88. Department of Community Affairs, for Payment to the Georgia Development Authority for Loans to Counties and Municipalities. STATE APPROPRIATION...............................................................................? 20,000,000 Section 89. Department of Corrections, for Capital Outlay. STATE APPROPRIATION................................................................................^ 1,700,000 Section 90. State Board of Education Department of Education. For Public Library Construction.......................................................................! 17,270,000 For Local School Construction..........................................................................! 79,282,058 STATE APPROPRIATION...............................................................................! 96,552,058 Section 91. Department of Industry and Trade, for Payment to the Georgia World Congress Center. STATE APPROPRIATION....................................................................................! 695,000 Section 92. Teachers Retirement System. STATE APPROPRIATION................,............................................................! 134,000,000 Section 93. TOTAL STATE APPROPRIATION FOR STATE FISCAL YEAR 1986.................................................................................! 5,091,947,058 Section 94. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 95. All laws and parts of laws in conflict with this Act are repealed." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such 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 adopt the report of the Committee of Conference on HB 1140. 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 Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M Y Beck Y Benefield Y Benn THURSDAY, JANUARY 30, 1986 Y Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Childs Y Clark,B Clark.L Colbert Y Coleman Y Colwell Y Connell Y 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 Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Manner Y Harris Y Hasty YHays Y Heard YHill Y 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 Y Lawler Y Lawrence Y Lawson Y Lee.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 Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore YMorton Y Mostiler On the motion, the ayes were 156, nays 0. The motion prevailed. Y Moultrie Mueller Oliver.C Y Padgett Y Pannell YParham Y Parrish 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 Robinson.C Y Robinson,P YRoss Y Royal Y Russell YSelman Y Shepard Y Sherrod Y Sinkfield Y Sizemore 303 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 Y Walker.L Y Wall YWare 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 The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate: SR 322. By Senator English of the 21st: A resolution to amend a resolution (Res. Act No. 106) authorizing the conveyance of certain state owned real property located in Emanuel County, Georgia, to the Emanuel County Board of Commissioners, approved March 18, 1985 (Ga. L. 1985, p. 332), so as to provide that the State of Georgia, act ing by and through the Governor, shall convey certain real property in Emanuel County under certain conditions. The Senate has adopted by the requisite constitutional majority the report of the Committee of Conference on the following Bill of the House: HB 1140. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th, Connell of the 87th, Lee of the 72nd and others: A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1986, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes pro vided for herein. 304 JOURNAL OF THE HOUSE, The following Resolutions of the House were read and referred to the Committee on Rules: HR 600. By Representatives Hanner of the 131st, Colwell of the 4th, Coleman of the 118th, Murphy of the 18th, Johnson of the 76th and others: A resolution expressing regret at the passing of Chuck Berrier and inviting Mrs. Jo Beth Garrison Berrier to appear before the House of Representa tives. HR 601. By Representatives Jamieson of the llth, Colwell of the 4th, Ramsey of the 3rd, Twiggs of the 4th, Dover of the llth and others: A resolution commending Honorable Ed Jenkins and inviting him to address the House of Representatives on Monday, February 10, 1986. HR 602. By Representatives Aaron of the 56th, Couch of the 40th, Martin of the 26th, Alford of the 57th, Heard of the 43rd and others: A resolution commending the Georgia Tech Rambling Wreck Football Team and inviting "Buzz," the Yellow Jacket mascot, to appear before the House of Representatives on Monday, February 17, 1986, at a time to be deter mined by the Speaker of the House of Representatives. HR 603. By Representatives Aaron of the 56th, Couch of the 40th, Martin of the 26th, Alford of the 57th, Heard of the 43rd and others: A resolution commending Coach Cremins and the Georgia Tech Rambling Wreck Basketball Team and inviting "Buzz," the Yellow Jacket mascot, to appear before the House of Representatives at a date and time to be deter mined by the Speaker of the House of Representatives. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 474. By Representatives Brooks of the 34th, Williams of the 54th, Childs of the 53rd, Bishop of the 94th, Smyre of the 92nd and others: A resolution recognizing Reverend Hosea Williams and inviting him to appear before the House of Representatives. HR 475. By Representatives Brooks of the 34th, Williams of the 54th, Bishop of the 94th, Smyre of the 92nd, Redding of the 50th and others: A resolution recognizing Dr. Ralph David Abernathy and inviting him to appear before the House of Representatives. The following Resolutions of the House were read and adopted: HR 598. By Representatives Isakson of the 21st, Hasty of the 8th, Ramsey of the 155th, Hill of the 83rd, Cummings of the 17th and others: A resolution commending the Parent Teachers Association and designating February 18, 1986, as PTA Day in Georgia. HR 599. By Representatives Bolster of the 30th, Hooks of the 116th, Richardson of the 52nd, Townsend of the 24th, Lupton of the 25th and others: THURSDAY, JANUARY 30, 1986 305 A resolution congratulating the Honorable Jim Martin and his wife, Joan, on their sixteenth wedding anniversary. HR 604. By Representatives Couch of the 40th, Aaron of the 56th, Martin of the 26th, Alford of the 57th, Heard of the 43rd and others: A resolution commending Coach Bill Curry. HR 605. By Representatives Waddle of the 113th and Watson of the 114th: A resolution expressing sorrow at the passing of Earvin L. "Pete" Joyner. HR 606. By Representatives Phillips of the 120th, Jamieson of the llth, Balkcom of the 140th, Crawford of the 5th, Hays of the 1st and others: A resolution recognizing and thanking Georgia's conservation district super visors. HR 607. By Representative Redding of the 50th: A resolution expressing regret at the passing of Mr. Melvin Johnson Heard. HR 608. By Representative Redding of the 50th: A resolution congratulating Mr. and Mrs. Hugh Philpot. HR 609. By Representatives Johnson of the 76th and Mostiler of the 75th: A resolution commending Mrs. Pat Lee and Thespian Troupe 2390 of Griffin High School. HR 610. By Representative Thomas of the 31st: A resolution commending Coretta Scott King. HR 611. By Representative Richardson of the 52nd: A resolution commending the Alzheimer's Disease Study Committee of the Department of Human Resources and recommending their findings. HR 612. By Representative Bargeron of the 108th: A resolution recognizing and congratulating Mrs. Docia Thigpen on the occa sion of her one hundredth birthday. HR 613. By Representative Adams of the 79th: A resolution commending Chapter 2258, American Association of Retired Persons of Upson County. HR 614. By Representative Adams of the 79th: A resolution commending Dr. R. E. Dallas. HR 615. By Representatives Colbert of the 23rd and Barnett of the 10th: A resolution expressing regret at the passing of Mr. Gary Pruitt. 306 JOURNAL OF THE HOUSE, HR 616. By Representatives Greene of the 130th, Holcomb of the 72nd, Long of the 142nd, Sherrod of the 143rd, Kilgore of the 42nd and others: A resolution commending Doctor Robert B. Martin, III. HR 617. By Representatives Greene of the 130th, Holcomb of the 72nd, Long of the 142nd, Sherrod of the 143rd, Kilgore of the 42nd and others: A resolution expressing sorrow at the passing of Thomas Elmer Faircloth. HR 618. By Representatives Cummings of the 17th, Murphy of the 18th and Lee of the 70th: A resolution commending and expressing appreciation to Vera Nelle Young Owens. HR 619. By Representatives Lane of the lllth, Godbee of the 110th, Murphy of the 18th, Parrish of the 109th, Phillips of the 120th and others: A resolution commending the Eagles football team of Georgia Southern College. HR 620. By Representatives Lane of the lllth, Godbee of the 110th, Murphy of the 18th, Parrish of the 109th, Phillips of the 120th and others: A resolution commending Erk Russell, head football coach at Georgia South ern College. HR 621. By Representatives Cummings of the 17th, Murphy of the 18th, Hasty of the 8th and Lee of the 70th: A resolution commending Kankakee Anderson. HR 622. By Representatives Home of the 103rd, Randall of the 101st, Lucas of the 102nd, Murphy of the 18th, Groover of the 99th and others: A resolution in memory of William Elliott Dunwoody, Jr. HR 623. By Representatives Smith of the 152nd, Dixon of the 151st, Murphy of the 18th, Byrd of the 153rd, Burruss of the 20th and others: A resolution commending the Camden County Sheriffs Office. HR 624. By Representatives Moore of the 139th, Murphy of the 18th, Walker of the 115th, Moody of the 153rd, Branch of the 137th and others: A resolution honoring the crew of the space shuttle Challenger. HR 625. By Representatives Brooks of the 34th, Young of the 134th, White of the 132nd and Lucas of the 102nd: A resolution in memory of the Reverend E. J. Wilson, Sr. HR 626. By Representative Brooks of the 34th: A resolution honoring the Reverend Moses L. Raglin for his important work in the ministry and his 29 years of leadership at the First Corinth Missionary Baptist Church in Atlanta. THURSDAY, JANUARY 30, 1986 307 HR 627. By Representatives Cummings of the 17th and Murphy of the 18th: A resolution commending Coach John Hill. HR 628. By Representatives Selman of the 32nd, Adams of the 36th, Lane of the 27th, Townsend of the 24th, Lupton of the 25th and others: A resolution recognizing the Fulton County School System. 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. 308 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Friday, January 31, 1986 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. J. Emmett Henderson, Executive Director, Georgia Council on Moral and Civic Concerns, Atlanta, 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. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. By unanimous consent, the following Bills and Resolution of the House were intro duced, read the first time and referred to the committees: HB 1524. By Representatives Milam of the 81st, Bostick of the 138th, Mostiler of the 75th, Richardson of the 52nd, Adams of the 36th and others: A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related insti tutions, so as to provide that neither a medical facility nor a licensed medical practitioner shall prohibit a person from providing blood donors to furnish blood which may be needed by such person in previously scheduled surgery or medical treatment. Referred to the Committee on Health & Ecology. HB 1525. By Representatives Bannister of the 62nd, Goodwin of the 63rd, Shepard of the 71st, Morton of the 47th, Hill of the 83rd and others: A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the cancellation, suspension, and revocation of FRIDAY, JANUARY 31, 1986 309 drivers' licenses, so as to require personal service of the notice of suspension or revocation of a driver's license by a county or municipal law enforcement officer. Referred to the Committee on Motor Vehicles. HB 1527. By Representatives Hill of the 83rd and Harris of the 84th: A bill to amend an Act creating a new board of commissioners of Columbia County, so as to provide for continuation of the existing board of commis sioners of Columbia County until the expiration of the terms of the mem bers; to provide for the election of the five members of the board by the voters of their respective commissioner districts. Referred to the Committee on State Planning & Community Affairs - Local. HB 1528. By Representatives Bannister of the 62nd, Aiken of the 21st, Johnson of the 21st, Barnett of the 59th, Williams of the 48th and others: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to provide for cancellation of poli cies of property or casualty insurance. Referred to the Committee on Insurance. HB 1529. By Representative Waldrep of the 80th: 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 that the grand jury in Monroe County shall be authorized to arbitrate and resolve certain disputes relating to county matters as the General Assembly may by local law provide. Referred to the Committee on State Planning & Community Affairs - Local. HB 1530. By Representatives Steinberg of the 46th, Bray of the 91st, Lawler of the 20th and Moultrie of the 93rd: A bill to amend Code Section 21-5-5 of the Official Code of Georgia Anno tated, relating to the filing of campaign financial disclosure reports, so as to require the filing of campaign financing disclosure written reports not later than December 31 of the year in which certain contributions are accepted or certain expenditures are made whether or not certain persons or candidates have actually qualified for nomination for election or election. Referred to the Committee on State of Republic. HB 1531. By Representatives Jamieson of the llth and Dover 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 the Stephens County Development Authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 1532. By Representatives Steinberg of the 46th, Aaron of the 56th, Martin of the 26th and Bishop of the 94th: 310 JOURNAL OF THE HOUSE, A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts concerning alcoholic bever ages, so as to clarify when alcoholic beverages may be possessed or consumed by an underage person in the home. Referred to the Committee on Regulated Beverages. HB 1533. By Representative Waldrep of the 80th: A bill to repeal an Act entitled "An Act to incorporate the town of Eleanor, in the County of Monroe, to define its corporate limits, to provide for the appointment of officers of said town, and define their duties and powers, to provide how said town shall be governed, and for other purposes." Referred to the Committee on State Planning & Community Affairs - Local. HB 1534. By Representative Waldrep of the 80th: A bill to amend an Act providing a new charter for the City of Forsyth, so as to include certain described properties within the corporate boundaries of the city. Referred to the Committee on State Planning & Community Affairs - Local. HB 1535. By Representative Waldrep of the 80th: 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 Jasper County Industrial Development Authority and provisions for its powers, authority, funds, purposes, and procedures. Referred to the Committee on State Planning & Community Affairs - Local. HB 1536. By Representative Pinkston of the 100th: A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions pertaining to public prop erty, so as to provide for a statement of intent to implement certain provi sions of the Constitution relating to gratuities; to authorize any state agency or department to write off administratively debts or obligations to such state agency or department in certain instances. Referred to the Committee on Banks & Banking. HB 1537. By Representative Triplett of the 128th: A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County and providing for a board of commissioners, so as to change the provisions relative to meetings of the board. Referred to the Committee on State Planning & Community Affairs - Local. HB 1538. By Representative Ware of the 77th: A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Anno tated, relating to fair access to insurance requirements, so as to extend the time of operation of the chapter. Referred to the Committee on Insurance. FRIDAY, JANUARY 31, 1986 311 HB 1539. By Representative Crosby of the 150th: A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation, so as to provide a 10 percent penalty for failure to file a timely ad valorem tax return on the part of a public util ity or airline company; to eliminate the requirement that the state revenue commissioner make demand for filing of a return when a return is not timely filed. Referred to the Committee on Ways & Means. HB 1540. By Representatives Isakson of the 21st, Atkins of the 21st, Lawler of the 20th, Cooper of the 20th, Johnson of the 21st and others: 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; to change provisions relating to the chairman of said board. Referred to the Committee on State Planning & Community Affairs - Local. HB 1542. By Representatives Burruss of the 20th, Wilson of the 20th and Kilgore of the 42nd: A bill to amend Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to cemeteries, so as to limit the amount which may be charged for opening a grave and disinterring a body buried therein. Referred to the Committee on Industry. HB 1543. By Representative Linder of the 44th: A bill to amend Code Section 48-5-380 of the Official Code of Georgia Anno tated, relating to refunds of taxes and license fees erroneously or illegally col lected by counties or municipalities, so as to change the provisions relating to the time limitation for filing claims for refunds. Referred to the Committee on Ways & Means. HB 1544. By Representatives Burruss of the 20th, Wilson of the 20th and Kilgore of the 42nd: A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to juries, so as to provide for an exemption from jury duty for certain women; to provide for practices, procedures, limitations, and conditions in connection with such exemptions; to provide for stylistic and grammatical corrections. Referred to the Committee on Judiciary. HB 1545. By Representatives Byrd of the 153rd, Selman of the 32nd, Jackson of the 65th, Copelan of the 106th, Hudson of the 117th and others: A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Anno tated, relating to real estate brokers and salespersons, so as to change certain qualifications for licensure as a salesperson; to change certain educational requirements; to change the time for renewal of licenses. Referred to the Committee on Industry. 312 JOURNAL OF THE HOUSE, HB 1546. By Representative Dixon of the 151st: 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 creating the Kingsland Development Authority and providing for its powers, authority, funds, purposes, and procedures. Referred to the Committee on State Planning & Community Affairs - Local. HB 1547. By Representative Dixon of the 151st: A bill to authorize the governing authority of Camden 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. Referred to the Committee on State Planning & Community Affairs - Local. HB 1548. By Representative Dixon of the 151st: 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 Camden County by the voters of the county. Referred to the Committee on State Planning & Community Affairs - Local. HB 1549. By Representative Richardson of the 52nd: A bill to amend Code Section 31-7-261 of the Official Code of Georgia Anno tated, regarding immunity from liability for criminal records checks of per sonal care home personnel, so as to extend that immunity to county boards of health; to change a term. Referred to the Committee on Health & Ecology. HB 1550. By Representatives Murphy of the 18th, Lee of the 72nd, Burruss of the 20th, Connell of the 87th, McDonald of the 12th and others: A bill to amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to annual salaries and allowances of certain state officials, so as to change the salary of the state auditor. Referred to the Committee on Appropriations. HB 1551. By Representative Matthews of the 145th: A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings in general, so as to provide that the right of a child who has reached the age of 14 years to select his custodial parent shall not include the right to deny visitation rights to the noncustodial parent. By unanimous consent, HB 1551 was ordered engrossed. Referred to the Committee on Judiciary. HB 1552. By Representatives Alien of the 127th, Pannell of the 122nd, Hamilton of the 124th, Johnson of the 123rd and Triplett of the 128th: FRIDAY, JANUARY 31, 1986 313 A bill to provide for the compensation of certain officials and judicial officers in Chatham County; to provide procedures for changing such compensation. Referred to the Committee on State Planning & Community Affairs - Local. HR 597. By Representatives Wilson of the 20th, Lee of the 72nd, McDonald of the 12th, Burruss of the 20th, Connell of the 87th and others: A resolution urging the United States Congress to propose an amendment to the United States Constitution to require the full deducibility of state and local taxes from taxable income for federal income tax purposes. Referred to the Committee on Ways & Means. 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 1559. By Representatives Lane of the 27th, Adams of the 36th, Greer of the 39th, Couch of the 40th, Dean of the 29th and others: A bill to provide an exemption for the full value of the homestead from Fulton County ad valorem taxes, except ad valorem taxes for bonded indebtedness and for the Fulton County School District, for each resident of Fulton County who is 70 years of age or over or disabled if the resident's gross income does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act. Referred to the Committee on State Planning & Community Affairs - Local. HB 1560. By Representatives Thomas of the 69th, Cummings of the 17th and Lee of the 70th: A bill to amend Part 1 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to powers of state and local school offi cials regarding school buses, so as to authorize local school officials to allow the use of buses for other than school purposes under certain stated condi tions. Referred to the Committee on Judiciary. HR 632. By Representative Maddox of the 7th: A resolution compensating Mr. David N. Maddox. Referred to the Committee on Appropriations. HR 635. By Representative Sizemore of the 136th: A resolution compensating Mr. Willie Lee Boone. Referred to the Committee on Appropriations. HR 640. By Representative Murphy of the 18th: A resolution creating the Joint Liability Insurance Cost Containment Study Committee. Referred to the Committee on Rules. 314 JOURNAL OF THE HOUSE, By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1484 HB 1485 HB 1486 HB 1487 HB 1488 HB 1489 HB 1490 HB 1491 HB 1492 HB 1494 HB 1495 HB 1496 HB 1497 HB 1498 HB 1499 HB 1500 HB 1502 HB 1503 HB 1504 HB 1507 HB 1508 HB 1509 HB 1510 HB 1511 HB 1512 HB 1513 HB 1514 HB 1515 HB 1516 HB 1517 HB 1518 HB 1519 HB 1520 HB 1521 HB 1522 HB 1523 HB 1526 HB 1541 HR 591 HR 592 HR 593 HR 594 HR 595 HR 596 SB 152 SB 303 SB 305 SB 337 SB 338 SB 354 SB 364 SB 376 SB 386 SR 292 Representative Rainey of the 135th District, Chairman of the Committee on Game, Fish & Recreation, submitted the following report: Mr. Speaker: Your Committee on Game, Fish & Recreation has had under consideration the follow ing Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1326 Do Pass HB 1344 Do Pass, as Amended Respectfully submitted, /s/ Rainey of the 135th 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1393 Do Pass HB 1482 Do Pass FRIDAY, JANUARY 31, 1986 315 Respectfully submitted, Is/ Ware of the 77th Chairman Representative Thomas of the 69th District, Acting 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 363 Do Pass, as Amended HB 1120 Do Pass HB 1350 Do Pass HB 1455 Do Pass HR 525 Do Pass, by Substitute Respectfully submitted, /s/ Thomas of the 69th Acting Chairman Representative Chambless of the 133rd District, Acting Vice-Chairman of the Commit tee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1186 Do Pass, by Substitute Respectfully submitted, /s/ Chambless of the 133rd Acting Vice-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 1357 Do Pass, by Substitute Respectfully submitted, /s/ Jackson of the 9th Chairman Representative Colwell of the 4th District, Chairman of the Committee on State Insti tutions & Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions & Property has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: 316 JOURNAL OF THE HOUSE, HB 1208 Do Pass HB 1369 Do Pass HB 1370 Do Pass HR 461 Do Pass HR 482 Do Pass HR 507 Do Pass HR 514 Do Pass, as Amended HR 519 Do Pass HR 566 Do Pass HR 572 Do Pass HR 585 Do Pass HR 586 Do Pass Respectfully submitted, /s/ 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 has instructed me to report the same back to the House with the following recommendations: HB 1448 Do Pass HB 1449 Do Pass HB 1450 Do Pass HB 1451 Do Pass HB 1457 Do Pass HB 1459 Do Pass HB 1461 Do Pass HB 1470 Do Pass HB 1474 Do Pass HB 1483 Do Pass Respectfully submitted, /s/ Adams of the 36th Chairman 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1235 Do Pass HB 1378 Do Pass HR 565 Do Pass Respectfully submitted, /s/ Bray of the 91st 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 has instructed me to report the same back to the House with the follow ing recommendations: HB 12 Do Pass, by Substitute HB 477 Do Pass HB 1362 Do Pass, by Substitute HB 1464 Do Pass HB 1469 Do Pass, by Substitute FRIDAY, JANUARY 31, 1986 317 Respectfully submitted, Is/ Wilson of the 20th Chairman By unanimous consent, the following Bills of the House were taken up for consider ation and read the third time: HB 1448. By Representative Godbee of the 110th: A bill to amend an Act to incorporate the Town of Register and to provide a charter therefor, so as to change certain provisions relating to the town boundaries. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1449. By Representative Chance of the 129th: A bill to further define and prescribe the powers and duties of the Effingham County Industrial Development Authority; to provide that the governing authority of Effingham County shall not be required to levy and collect an ad valorem tax for the authority; to provide for the exercise of the powers and duties of the authority; to provide for the membership of the authority. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1450. By Representative Carter of the 146th: 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 Adel to issue refunding bonds and which authorizes the City of Adel to issue general obligation bonds for certain systems without regard to debt limita tions. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1451. By Representative Carter of the 146th: 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 Berrien County Industrial Building Authority. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 318 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 1457. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th, Moultrie of the 93rd, Smyre of the 92nd and others: A bill to amend an Act abolishing the fee system in the Superior Courts of the Chattahoochee Judicial Circuit, as applied to the office of district attor ney, and providing for the payment of the salary of said district attorney, so as to provide for the appointment of two assistant district attorneys. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1459. By Representatives Ray of the 98th and Walker of the 115th: A bill reincorporating the Town of Marshallville and making the same a city, so as to increase the amount of fines which may be imposed for violating an ordinance of the city. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1461. By Representatives Williams of the 6th, Ramsey of the 3rd and Foster of the 6th: 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, and operation of the Downtown Dalton Development Authority. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1470. By Representatives Watts of the 41st and Murphy of the 18th: A bill to amend an Act to provide for the election of the members of the Board of Education of Paulding County, so as to provide for the appoint ment of the school superintendent by the board of education; to provide that the current school superintendent shall serve out the remainder of the term to which such school superintendent was elected. The report of the Committee, 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, JANUARY 31, 1986 319 The Bill, having received the requisite constitutional majority, was passed. HB 1474. 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 providing a new charter for the City of Athens, so as to provide that the Mayor and Council of the City of Athens shall be authorized to establish and maintain a municipal court for the City of Athens; to provide for the jurisdiction of the court. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1483. By Representative Chance of the 129th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which creates the Effingham County Industrial Development Authority. The report of the Committee, which was favorable to the passage of the Bill, was 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 407. By Senator Kidd of the 25th: A bill to amend an Act making provisions for the Magistrate Court of Putnam County, approved March 12, 1984 (Ga. L. 1984, p. 3788), so as to change the compensation provisions relating to the chief magistrate and the clerk of the Magistrate Court of Putnam County. HB 510. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd, Bishop of the 94th, Robinson of the 96th and Moultrie of the 93rd: 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 merger of the independent school system of the City of Columbus and the school district of Muscogee County. HB 513. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd, Bishop of the 94th, Robinson of the 96th and Moultrie of the 93rd: 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 Muscogee County Health Department. 320 JOURNAL OF THE HOUSE, HB 514. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd, Bishop of the 94th, Robinson of the 96th and Moultrie of the 93rd: 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 Columbus Airport Commission (formerly Muscogee County Airport Commis sion). HB 515. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd, Bishop of the 94th, Robinson of the 96th and Moultrie of the 93rd: 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 Columbus Building Authority (formerly the Columbus and Muscogee County Building Commission). HB 516. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd, Bishop of the 94th, Robinson of the 96th and Moultrie of the 93rd: A bill to continue in force and effect for certain purposes as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation of the Columbus-Muscogee County Port Development Commission. HB 517. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd, Bishop of the 94th, Robinson of the 96th and Moultrie of the 93rd: A bill to continue in force and effect for certain purposes as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation of the Muscogee County Industrial Development Authority. HB 518. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd, Bishop of the 94th, Robinson of the 96th and Moultrie of the 93rd: 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 consoli dation of the City of Columbus and Muscogee County and the creation of a single county-wide government for said county. HB 520. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd, Bishop of the 94th, Robinson of the 96th and Moultrie of the 93rd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1928 general election and proclaimed by the Governor to be part of the Constitu tion of the State of Georgia, authorizing the issuance and selling of certain street improvement bonds by the City of Columbus. HB 521. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd, Bishop of the 94th, Robinson of the 96th and Moultrie of the 93rd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Muscogee County to appropriate funds not derived from ad valorem taxation for adver tising and promotion of agricultural, recreational, historic, and industrial resources of the county and encourage new industries and tourism. FRIDAY, JANUARY 31, 1986 321 HB 522. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd, Bishop of the 94th, Robinson of the 96th and Moultrie of the 93rd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the issuance of certain revenue anticipation obligations known as revenue bonds for the pur poses stated therein. HB 523. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd, Bishop of the 94th, Robinson of the 96th and Moultrie of the 93rd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment extending a $2,000.00 home stead exemption to residents of the Muscogee County School District. HB 524. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd, Bishop of the 94th, Robinson of the 96th and Moultrie of the 93rd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing a homestead exemption from ad valorem taxation for educational purposes for all school district residents who are 62 years of age or over and have a certain limited income. HB 525. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd, Bishop of the 94th, Robinson of the 96th and Moultrie of the 93rd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment increasing the homestead exemptions for tax purposes of certain property owned by residents of Muscogee County. HB 526. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd, Bishop of the 94th, Robinson of the 96th and Moultrie of the 93rd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for certain adjust ments in the exemptions from ad valorem taxation of homesteads for certain purposes in Muscogee County. HB 527. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd, Bishop of the 94th, Robinson of the 96th and Moultrie of the 93rd: 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 valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government pur poses. HB 528. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd, Bishop of the 94th, Robinson of the 96th and Moultrie of the 93rd: 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 Columbus-Muscogee County or any municipal corporation within Muscogee County to exempt from ad valorem taxation all tangible personal property within Muscogee County in transit through Muscogee County from outside the state to a final destination outside the state. 322 JOURNAL OF THE HOUSE, HB 529. By Representatives Buck of the 95th, Galer of the 97th, Smyre of the 92nd, Robinson of the 96th and Moultrie of the 93rd: 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 a Charter Review Commission for Columbus, Georgia. SB 310. By Senator Barnes of the 33rd: A bill to amend Chapter 3 of Title 53 of the Official Code of Georgia Anno tated, relating to probate of wills, so as to provide that no acknowledgement of service in any proceeding relating to the probate of wills shall be valid unless the same is attested by a notary public; to provide for all related mat ters. SB 311. By Senator Barnes of the 33rd: A bill to amend Code Section 7-1-239 of the Official Code of Georgia Anno tated, relating to authorized transactions involving deposits and moneys of intestate decedents, so as to provide that, if a person is left in possession of moneys not exceeding $2,500.00 of such a decedent, such person shall deposit such moneys into a savings account in the name of the decedent. SB 312. By Senator Barnes of the 33rd: A bill to amend Code Section 15-2-8 of the Official Code of Georgia Anno tated, so as to provide that the court, in regulating the admission of attor neys to the practice of law, shall require each applicant to be fingerprinted to determine whether the applicant has a record of criminal convictions; to provide for authority of the Georgia Crime Information Center to release information concerning applicants. SB 332. By Senator Cobb of the 28th: A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to provide that any person attending a car race, concert, sporting event, or similar public event who intentionally throws, kicks, or otherwise propels any hard object or other material shall be punished by imprisonment for not less than one year nor more than ten years or by a fine not to exceed $25,000.00, or both. SB 357. By Senators Timmons of the llth and Trulock of the 10th: A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Anno tated, relating to general provisions applicable to public education in Georgia, so as to provide for the designation of Retired Teachers' Day; to provide for other matters relative thereto. SB 346. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th: A bill to amend Code Section 46-10-9 of the Official Code of Georgia Anno tated, relating to the abolishment of the consumers' utility counsel, so as to change the date on which the position of consumers' utility counsel shall be abolished. SB 362. By Senators Turner of the 8th, Bowen of the 13th, Timmons of the llth and others: FRIDAY, JANUARY 31, 1986 323 A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide that whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties is guilty of a felony. SB 370. By Senator Peevy of the 48th: A bill to amend Code Section 15-7-24 of the Official Code of Georgia Anno tated, relating to solicitors, so as to authorize certain changes in the qual ifications of such office by local law. SB 389. By Senators Broun of the 46th and Cobb of the 28th: A bill to amend Code Section 40-5-121 of the Official Code of Georgia Anno tated, relating to driving with a suspended or revoked driver's license, so as to make it unlawful to drive a motor vehicle with a suspended or revoked driver's license anywhere in this state in addition to prohibiting such on the public highways. HB 1291. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th, Moultrie of the 93rd, Smyre of the 92nd and others: A bill to amend an Act creating the Muscogee County School District, so as to authorize the school district to construct, maintain, and operate museums; to authorize the school district to obtain the services of a private nonprofit corporation to assist and work with the school district in the operation of its art galleries, art centers, and museums. HB 1292. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th, Moultrie of the 93rd, Smyre of the 92nd and others: A bill to amend an Act creating the Muscogee County School District, so as to provide that the superintendent of the board of education may in an emergency make certain contracts where the expenditure exceeds $2,500.00. HB 1238. By Representatives Floyd of the 154th and Chance of the 129th: A bill to provide that the school superintendent of the Liberty 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. HB 1239. By Representatives Floyd of the 154th and Chance of the 129th: A bill to amend an Act creating the board of commissioners of Liberty County, so as to provide for a seven-member board of commissioners consist ing of one county-wide district from which the chairman shall be elected and six single-member districts from which the other six members shall be sever ally elected. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate: SR 283. By Senators Coverdell of the 40th, Brantley of the 56th and Phillips of the 9th: 324 JOURNAL OF THE HOUSE, A resolution urging the United States Congress to propose an amendment to the United States Constitution authorizing the President of the United States to reduce or eliminate one or more items of appropriation while approving other portions of a bill. SR 289. By Senator Hine of the 52nd: A resolution authorizing the conveyance of certain state owned property in the City of Cave Spring, Floyd County, Georgia. SR 290. By Senators Foster of the 50th, Deal of the 49th and Dean of the 31st: A resolution creating the "No Pass, No Play" Study Committee. By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees: SB 310. By Senator Barnes of the 33rd: A bill to amend Chapter 3 of Title 53 of the Official Code of Georgia Anno tated, relating to probate of wills, so as to provide that no acknowledgement of service in any proceeding relating to the probate of wills shall be valid unless the same is attested by a notary public; to provide for all related mat ters. Referred to the Committee on Judiciary. SB 311. By Senator Barnes of the 33rd: A bill to amend Code Section 7-1-239 of the Official Code of Georgia Anno tated, relating to authorized transactions involving deposits and moneys of intestate decedents, so as to provide that, if a person is left in possession of moneys not exceeding $2,500.00 of such a decedent, such person shall deposit such moneys into a savings account in the name of the decedent. Referred to the Committee on Banks & Banking. SB 312. By Senator Barnes of the 33rd: A bill to amend Code Section 15-2-8 of the Official Code of Georgia Anno tated, so as to provide that the court, in regulating the admission of attor neys to the practice of law, shall require each applicant to be fingerprinted to determine whether the applicant has a record of criminal convictions; to provide for authority of the Georgia Crime Information Center to release information concerning applicants. Referred to the Committee on Judiciary. SB 332. By Senator Cobb of the 28th: A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to provide that any person attending a car race, concert, sporting event, or similar public event who intentionally throws, kicks, or otherwise propels any hard object or other material shall be punished by imprisonment for not less than one year nor more than ten years or by a fine not to exceed $25,000.00, or both. Referred to the Committee on Judiciary. FRIDAY, JANUARY 31, 1986 325 SB 346. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th: A bill to amend Code Section 46-10-9 of the Official Code of Georgia Anno tated, relating to the abolishment of the consumers' utility counsel, so as to change the date on which the position of consumers' utility counsel shall be abolished. Referred to the Committee on Industry. SB 357. By Senators Timmons of the llth and Trulock of the 10th: A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Anno tated, relating to general provisions applicable to public education in Georgia, so as to provide for the designation of Retired Teachers' Day; to provide for other matters relative thereto. Referred to the Committee on Education. SB 362. By Senators Turner of the 8th, Bowen of the 13th, Timmons of the llth and others: A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide that whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties is guilty of a felony. Referred to the Committee on Special Judiciary. SB 370. By Senator Peevy of the 48th: A bill to amend Code Section 15-7-24 of the Official Code of Georgia Anno tated, relating to solicitors, so as to authorize certain changes in the qual ifications of such office by local law. Referred to the Committee on Judiciary. SB 389. By Senators Broun of the 46th and Cobb of the 28th: A bill to amend Code Section 40-5-121 of the Official Code of Georgia Anno tated, relating to driving with a suspended or revoked driver's license, so as to make it unlawful to drive a motor vehicle with a suspended or revoked driver's license anywhere in this state in addition to prohibiting such on the public highways. Referred to the Committee on Motor Vehicles. SB 407. By Senator Kidd of the 25th: A bill to amend an Act making provisions for the Magistrate Court of Putnam County, approved March 12, 1984 (Ga. L. 1984, p. 3788), so as to change the compensation provisions relating to the chief magistrate and the clerk of the Magistrate Court of Putnam County. Referred to the Committee on State Planning & Community Affairs - Local. SR 283. By Senators Coverdell of the 40th, Brantley of the 56th and Phillips of the 9th: 326 JOURNAL OF THE HOUSE, A resolution urging the United States Congress to propose an amendment to the United States Constitution authorizing the President of the United States to reduce or eliminate one or more items of appropriation while approving other portions of a bill. Referred to the Committee on Appropriations. SR 289. By Senator Hine of the 52nd: A resolution authorizing the conveyance of certain state owned property in the City of Cave Spring, Floyd County, Georgia. Referred to the Committee on State Institutions & Property. SR 290. By Senators Foster of the 50th, Deal of the 49th and Dean of the 31st: A resolution creating the "No Pass, No Play" Study Committee. Referred to the Committee on Education. SR 322. By Senator English of the 21st: A resolution to amend a resolution (Res. Act No. 106) authorizing the conveyance of certain state owned real property located in Emanuel County, Georgia, to the Emanuel County Board of Commissioners, approved March 18, 1985 (Ga. L. 1985, p. 332), so as to provide that the State of Georgia, act ing by and through the Governor, shall convey certain real property in Emanuel County under certain conditions. Referred to the Committee on State Institutions & Property. Under the general order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time: HB 1315. By Representatives Thomas of the 69th, Chambless of the 133rd, Lawson of the 9th and Alien of the 127th: A bill to amend Chapter 5 of Title 31 of the Official Code of Georgia Anno tated, relating to administration and enforcement by the Department of Human Resources and county boards of health, so as to change the provi sions for appeal of any final order or action of the Department of Human Resources to the superior court; to provide that such review shall be con ducted without a jury and shall be confined to the record. 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 YAiken YAlford Y Alien Y Andersen Y Argo Y Athon Y Atkins YAuten Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B YBamett,M Y Beck Y Benefield Benn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch Y Bray Brooks Y Brown.G Y Buck Y Burruss Y Byrd Y Carter Y Chambless Y Chance Cheeks Y Childers Childs Y Clark.B Y Clark.L Colbert Coleman Colwell Connell Y Cooper Y Copelan Y Couch Y Cox Y Crawford Crosby Y Cummings Daugherty Y Davis Dean Y Diion Y Dobbs Y Dover Y Dunn Edwards Y Felton Y Floyd FRIDAY, JANUARY 31, 1986 327 Y Foster Y Galer God bee Good win Y Greene Y Greer Y Groover Y Hamilton Hanner Y Harris Y Hasty YHays Y Heard Hill Y Holcomb Y Holmes Y Hooks Y Horne 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 Y Lane,R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee,W Y Under Y Logan YLong Lord Y Lucas Y Lupton Y Madden Y Mangum Y Martin.C Y Martin,J Y Matthews McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Morton Y Mostiler Y Moultrie Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Patten Peters Y Pettit 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 Ross Y Royal Y Russell YSelman Y Shepard Y Sherrod Y Sinkfield 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 YTwiggs Waddle Y Waldrep Walker.C Y Walker.L Y Wall Y Ware Watson Y 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, the ayes were 140, nays 0. The Bill, having received the requisite constitutional majority, was passed. Due to mechanical failure, the vote of Representative Brooks of the 34th was not recorded on the preceding roll call. He wished to vote "aye" thereon. HB 1261. By Representatives Thompson of the 20th, Bailey of the 72nd, Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd and others: A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs for children and youth, so as to authorize criminal records checks and determinations based thereon for persons exercising supervisory or disciplinary power over children in either paid or volunteer positions. The following Committee substitute was read and adopted: 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 authorize criminal records checks and determinations based thereon for persons exercising supervisory or disciplinary power over children in either paid or volunteer positions; to provide for definitions; to provide for procedures; to allow the furnishing of certain information from law enforcement agencies; to provide for fees; to provide for penalties; to provide for immunity from liability; to pro vide for certain uses of records checks; to provide that this Act shall not affect day-care center employees' records checks; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, is amended by adding a new Article 4 to read as fol lows: "ARTICLE 4 49-5-90. As used in this article, the term: (1) 'Conviction' means a finding or verdict of guilty or a plea of guilty. 328 JOURNAL OF THE HOUSE, (2) 'Crime' means a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-5-24, relating to aggravated battery, when the victim is a minor; a violation of Code Section 16-5-70, relating to cruelty to children; a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses, excluding the offenses of bigamy or marrying a bigamist; a felony violation of Chapter 13 of Title 16, relating to controlled substances; a violation of Code Section 16-5-1, relating to murder and felony murder; a violation of Code Section 16-4-1, relat ing to criminal attempt as it concerns attempted murder; or any other offense commit ted in another jurisdiction which, if committed in this state, would be deemed to be one of the enumerated crimes listed in this paragraph. (3) 'Criminal record' means: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where adjudication or sentence was otherwise withheld or not entered on the charge; provided, however, that this subparagraph shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (4) 'Employer' means any person, organization, corporation, or political subdivision which employs or uses the services of paid employees or volunteers in positions in which the employee or volunteer has supervisory or disciplinary power over a child or children. (5) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (6) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30. (7) 'Records check' means a records check comparison of GCIC information. (8) 'Records check application' means a set of classifiable fingerprints, a records search fee in an amount to be determined by the Georgia Bureau of Investigation to cover the reasonable cost of such records check, payable in such form as the GCIC may direct to cover the cost of a records check under this article, and an affidavit by the applicant consenting to a records check and disclosing the nature and date of any arrest, charge, or conviction of the applicant for the violation of any law, except for motor vehicle parking violations, whether or not the violation occurred in this state. 49-5-91. (a) On and after July 1, 1986, an employer may require that a new or cur rent employee or volunteer submit to a records check for the purpose of determining whether such person has ever been convicted of a crime or has a criminal record. (b) An employer seeking a records check on an employee shall submit a records check application to the GCIC. Upon receipt thereof, the GCIC shall promptly conduct a search of its records and records to which it has access. Within a reasonable time after receiving the application, the GCIC shall notify the employer in writing of any criminal record finding or of the fact of no such finding. 49-5-92. (a) The GCIC and law enforcement agencies which have access to GCIC information shall cooperate with employers who are authorized to obtain records checks on their employees in performing such checks and shall provide such information for such records checks notwithstanding any other law to the contrary and may charge reasonable fees therefor. (b) Any person who knowingly and under false pretenses requests, obtains, or attempts to obtain GCIC information otherwise authorized to be obtained pursuant to this article, or who knowingly communicates or attempts to communicate such informa tion obtained pursuant to this article to any person or entity except in accordance with this article, or who knowingly uses or attempts to use such information obtained pur suant to this article for any purpose other than as authorized by this article shall be fined not more than $5,000.00, imprisoned for not more than two years, or both. FRIDAY, JANUARY 31, 1986 329 49-5-93. (a) Other than for a knowing and malicious release of false information, neither GCIC, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this article. However, no employee shall be suspended or dismissed from such employee's job due to any informa tion provided in a records check until the employer obtains a certified copy of the orig inal documents on which the charges identified in the records check are based. (b) An employer shall have no liability for defamation, invasion of privacy, or any other claim based upon good faith action thereby pursuant to the provisions of this arti cle. Any disciplinary action of any kind taken against any local school board employee and based in whole or in part on information obtained through a records check as pro vided in this article shall be subject to and governed by the provisions of Code Section 20-2-940. 49-5-94. This article shall be cumulative of and in addition to any other law requiring or permitting employees' records checks and shall not relieve any person from any duty or requirement under such 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 sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten 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 Y Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance 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 Y Dixon YDobbs Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Harris 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 Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under YLogan YLong Lord Lucas Y Lupton Y Maddoi Y Mangum Y Martin.C Y Martin,J Y Matthews McDonald Y McKelvey Y McKinney Y Milani Y Milford Y Moody Moore Y Morton Y Mostiler Y Moultrie Mueller Y Oliver.C Y Padgett Y Pannell Parham Y Parrish Patten Peters Pettit Phillips Y Pinkston Y Porter Rainey Y Ramsey.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 Y Smith,P Y Smith.T YSmyre Stancil Y Steinberg Y Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett YTwiggs 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 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. 330 JOURNAL OF THE HOUSE, Representatives Mueller of the 126th and Lucas of the 102nd 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. HR 476. By Representatives Thompson of the 20th, Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd, Burruss of the 20th and others: A resolution urging the use of restitution orders in cases involving victims of child abuse or sexual abuse. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins YAuten 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 Y Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Y Colbert Coleman Y Colwell Y Connell Y Cooper Y Copelan Couch YCoi Crawford Crosby Y Cummings Daugherty YDavis Dean Y Diion YDobbs Y Dover YDunn Y Edwards Y Pelton Y Floyd Y Foster YGaler YGodbee Y Goodwin Greene Y Greer Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard 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 Y Kingston Lane,D YLane,R Y Lawler Y Lawrence Y Lawson YLee.C YLee,W Y Under YLogan YLong Lord Y 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 Y Morton Y Mostiler Y Moultrie Mueller Y Oliver.C Y Padgett Y Pannell Parham Parrish Patten 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 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 Y 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 Wall Y Ware Y Watson Y Watts White Y Wilder Y WiUiams.B Y Williams^ Y WiUiams,R Wilson Wood Workman Y Yeargin Y Young Murphy.Spkr On the adoption of the Resolution, the ayes were 146, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. Representatives Wood of the 9th and Martin of the 60th 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. HR 477. By Representatives Thompson of the 20th, Bailey of the 72nd, Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd and others: A resolution urging the training of criminal justice and social services profes sionals in the processing and management of cases involving child abuse, sexual abuse, or sexual exploitation. FRIDAY, JANUARY 31, 1986 331 The following amendment was read and adopted: The Committee on Judiciary moves to amend HR 477 by striking from line 9 of page 1 the following: "need to", and inserting in its place the following: "should". 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 Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins YAuten Bailey Y Balkcom Y Bannister Y Bargeron Y BarneU.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch Bray Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Y Colbert Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCo* Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Diion Y Dobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler YGodbee Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Harris 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 Lane,D YLane,R Y Lawler Y Lawrence Y Lawson YLee.C YLee,W Y Linder YLogan YLong Lord Y 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 Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Parham Y Parrish Patten Peters Y 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 Ross Y Royal Y Russell YSelman 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 YTwiggs Waddle Y Waldrep Walker.C Y Walker,L YWall Y Ware Y Watson Y Watts White Y Wilder 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, as amended, the ayes were 152, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. By unanimous consent, the following Bill of the House was withdrawn from the Gen eral Calendar and recommitted to the Committee on Retirement: HB 302. By Representative Wood of the 9th: A bill to amend Code Section 47-2-96 of the Official Code of Georgia Anno tated, relating to prior service credit and payments required to obtain such credit under the Employees' Retirement System of Georgia, so as to change the provisions relating to prior service credit for certain military service. 332 JOURNAL OF THE HOUSE, Under the general order of business, the following Bill and Resolution of the House were taken up for consideration and read the third time: HR 512. By Representatives Colwell of the 4th and Foster of the 6th: A resolution to amend a resolution (Res. Act No. 272) providing for the acceptance of a bid of Southern Railway Company (now Norfolk Southern Corporation) for the lease of certain state owned property in Fulton County, so as to authorize the State of Georgia, acting by and through the State Properties Commission, to modify or amend the lease agreement with Norfolk Southern Corporation. The following substitute, offered by Representative Colwell of the 4th, was read and adopted: A RESOLUTION To amend a resolution (Res. Act No. 272) providing for the acceptance of a bid of Southern Railway Company for the lease of certain state owned property in Fulton County, Georgia, approved April 7, 1972 (Ga. L. 1972, p. 1276), so as to authorize the State of Georgia, acting by and through the State Properties Commission, to modify or amend the lease agreement with Southern Railway Company in order to permit Southern Railway Company to insure the improvements on such property through a self-insurance plan under such terms and conditions as approved by both parties; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA and it is hereby enacted by the authority of the same that the resolution (Res. Act No. 272) provid ing for the acceptance of a bid of Southern Railway Company for the lease of certain state owned property in Fulton County, approved April 7, 1972 (Ga. L. 1972, p. 1276), is amended as follows: Section 1. The State of Georgia, acting by and through the State Properties Commis sion, is authorized to modify or amend this lease agreement with Southern Railway Company in order to permit Southern Railway Company to insure the improvements on such property through a self-insurance plan under such terms and conditions as approved by both parties. Such amendment or modification of this lease shall be made in compli ance with the provisions of Article XIII, Item 75. of said lease. Section 2. This resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this resolution are repealed. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute. 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 Y Aiken YAlford Alien YAnderson Argo Y Athon Y Atkins Y Auten Bailey Balkcom Y Bannister Y Bargeron YBarnett,B Barnett.M Y Beck Y Benefield Y Benn Birdsong Y Bishop Y Bolster Bostick Y Branch Y Bray Brooks Y Brown.G Y Buck Y Burruss Y Byrd 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 Coi Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dkon Y Dobbs FRIDAY, JANUARY 31, 1986 333 Dover Y Dunn Y Edwards Y Felton Y Floyd Y Poster YGaler YGodbee Y Goodwin Greene YGreer Groover Y Hamilton Manner Y Harris Y Hasty YHays Y Heard YHffl Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Johnson,F Y Johnson.R Y Johnson,S Kilgore Y Kingston Y Lane.D Lane.R Y Lawler Y Lawrence Y Lawson YLee.C Y Lee,W Linder YLogan YLong Lord Lucas Y Lupton Y Maddoi Y Mangum Y Martin.C Y Martin,J Y Matthews McDonald Y McKelvey McKinney YMilam Y Milford Moody Y Moore Y Morton Y Mostiler Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Richardson Y Robinson.C Y Robinson,? Ross Y Royal Y Russell YSelnmn Y Shepard Y Sherrod Y Sinkfield Sizemore Y Smith,L Y Smith,P Smith.T Smyre Y Stancil Y Steinberg Y Thomas,C Thomas.M Y Thompson Townsend Y Triplett YTwiggs Waddle Y Waldrep Walker.C Y Walker,L Y WaU Y Ware Y Watson Y Watts White Y Wilder Y Williams.B Y WilUams,J Y Williams.R Wilson YWood 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. HB 1186. By Representatives Robinson of the 96th, Ware of the 77th, Wood of the 9th and Buck of the 95th: A bill to amend Chapter 12 of Title 51 of the Official Code of Georgia Anno tated, relating to damages in tort actions, so as to provide that evidence of compensation received for any damages from any collateral source shall be admissible and may be considered by the finder of fact; to provide that if the jury's verdict as to damages is clearly inadequate or excessive then the court may either order a new trial or modify the amount of the award. The following Committee substitute was read: A BILL To amend Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions, so as to provide that evidence of compensation received for any damages from any collateral source shall be admissible and may be considered by the finder of fact; to provide certain exceptions; to provide that if the jury's verdict as to dam ages is clearly inadequate or excessive then the trial court may either order a new trial or modify the amount of the award; to provide for all matters related to the foregoing; 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 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions, is amended by striking Code Section 51-12-1, relating to types of damages, and inserting in its place a new Code section to read as follows: "51-12-1. (a) Damages may be either general or special, direct or consequential. (b) Evidence of compensation for a tortious injury receivable from any and all collat eral sources shall be admissible in determining the amount of any damages to be awarded, and the finder of fact is authorized but not required to consider such collateral sources of compensation. Either party shall be allowed to introduce into evidence the 334 JOURNAL OF THE HOUSE, costs incurred by the claimant for such benefits. For purposes of this subsection, a claim for tortious injury shall not be construed as including a claim for wrongful death." Section 2. Said chapter is further amended by striking Code Section 51-12-12, relat ing to determination of damages, and inserting in its place a new Code section to read as follows: "51-12-12. (a) The question of damages is ordinarily one for the jury; and the court should not interfere with the jury's discretion unless the damages are either se small ef so excessive as te justify th inference ef gross mistake et wrekje bias clearly so inade quate or so excessive as to be unwarranted by the evidence in the case. (b) If the jury's verdict as to damages is clearly so inadequate or so excessive as to be unwarranted by the evidence, the trial court may either order a new trial or modify the amount of damages awarded by the jury and enter a judgment notwithstanding the verdict for such modified amount." Section 3. This Act shall become effective July 1, 1986, and shall apply to causes of action arising on or after that date. Section 4. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and lost: Representatives Benn of the 38th and Clark of the 13th moved to amend the Commit tee substitute to HB 1186 as follows: On line 17, page 2, strike the word "either" and delete lines 18, 19 and 20 after the word "trial", so that the change shall read: "If the jury's verdict as to damages is clearly so inadequate or so excessive as to be unwarranted by the evidence, the trial court may order a new trial." The following amendment was read: Representative Alien of the 127th moves to amend the Committee substitute to HB 1186 as follows: On page 1, line 22, change the word "receivable" to "received". On the adoption of the amendment, the roll call was ordered and the vote was as fol lows: N Aaron N Adams.G Adams.M N Aiken Alford Y Alien N Anderson NArgo N Athon N Atkins NAuten Bailey N Balkcom N Bannister N Bargeron NBarnett,B NBarnett,M N Beck N Benefield Benn N Birdsong Y Bishop N Bolster N Bostick N Branch N Bray Y Brooks Y Brown.G NBuck Burruss N Byrd N Carter N Chambless N Chance Y Cheeks N Childers Y Childs Y Clark,B Y Clark,L N Colbert N Coleman N Colwell N Connell N Cooper Y Copelan N Couch Y Cox N Crawford N Crosby N Cummings Daugherty Y Davis Y Dean N Dixon N Dobbs N Dover N Dunn N Edwards N Felton N Floyd N Foster N Galer N Godbee N Goodwin N Greene N Greer N Groover Y Hamilton N Manner N Harris N Hasty Y Hays N Heard Y Hill N Holcomb N Holmes N Hooks N Home N Hudson N Isakson N JacksonJ 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 N Lawler N Lawrence N Lavraon N Lee.C N Lee.W N Under Logan N Long Lord Y Lucas N Lupton N Maddox N Mangum ' Y Martin.C FRIDAY, JANUARY 31, 1986 335 N Martin,J N Matthews N McDonald N McKelvey McKinney N Milam Milford N Moody N Moore Y Morton N Mostiler N Moultrie Y Mueller N Oliver.C N Padgett N Pannell Parham N Parrish Patten Peters Y Pettit N Phillips N Pinkston N Porter N Rainey N Ramsey.T N Ramsey.V YRandall N Ransom NRay N Reaves Y Redding N Richardson N Robinson.C N Robinson,? NRoss N Royal Russell N Selman N Shepard N Sherrod Y Sinkfield N Sizemore N Smith.L N Smith,P Smith.T YSmyre N Stancil N Steinberg N Thomas.C Y Thomas.M N Thompson N Townsend N Triplett N Twiggs Waddle Y Waldrep Y Walker.C N Walker,L N Wall On the adoption of the amendment, the ayes were 28, nays 131. The amendment was lost. N Ware N Watson Watts White N Wilder N Williams.B N Williams,J N Williams,R N Wilson N Wood N Workman Yeargin Y Young Murphy ,Spkr The following amendment was read: Representative Randall of the 101st moves to amend the Committee substitute to HB 1186 by striking the word "collateral" on lines 22 and 25. On the adoption of the amendment, the roll call was ordered and the vote was as fol- lows: Y Aaron N Adams.G N Adams, M Y Aiken Alford Y Alien N Anderson NArgo N Athon N Atkins N Auten Bailey N Balkcom N Bannister N Bargeron N Barnett,B N Barnett,M NBeck N Benefield Benn N Birdsong Y Bishop N Bolster N Bostick N Branch NBray Y Brooks Y Brown.G NBuck Burruss NByrd N Carter N Chambless N Chance Cheeks N Childers Y Childs Y Clark,B Y Clark.L N Colbert N Coleman N Colwell N Connell Y Cooper N Copelan N Couch YCox N Crawford N Crosby N Cummings Daugherty YDavis YDean Y Dixon N Dobbs N Dover N Dunn N Edwards N Felton N Floyd N Foster NGaler N Godbee N Goodwin N Greene NGreer N Groover Y Hamilton N Hanner N Harris N Hasty YHays N Heard NHill N Holcomb Y Holmes N Hooks Y Home N Hudson N Isakson N Jackson.J Y Jackson.N N Jamieson Y Johnson.D N Johnson.F N Johnson,R N Johnson.S N Kilgore N Kingston N Lane,D Y Lane.R Y Lawler N Lawrence N Lawson NLee.C NLee,W N Under Logan N Long Lord Y Lucas N Lupton N Maddox N Mangum Y Martin.C N Martin.J N Matthews N McDonald N McKelvey McKinney N Milam N Milford N Moody N Moore Y Morton Y Mostiler N Moultrie N Mueller N Oliver.C N Padgett N Pannell Parham N Parrish Patten Peters Y Pettit N Phillips N Pinkston N Porter Y Rainey N Ramsey.T Y Ramsey.V YRandall N Ransom NRay N Reaves Y Redding N Richardson N Robinson.C N Robinson.P NRoss N Royal Y Russell NSelman On the adoption of the amendment, the ayes were 42, nays 120. The amendment was lost. N Shepard N Sherrod Y Sinkfield Y Sizemore N Smith.L N Smith,P Smith.T YSmyre N Stancil N Steinberg N Thomas.C Y Thomas, M Y Thompson N Townsend N Triplett N Twiggs Waddle Y Waldrep Y Walker.C N Walker,L N Wall N Ware N Watson N Watts White N Wilder N Williams,B N Williams,J N Williams.R Y Wilson N Wood Y Workman Yeargin Y Young Murphy .Spkr The following amendment was read and lost: 336 JOURNAL OF THE HOUSE, Representative Workman of the 51st moves to amend the Committee substitute to HB 1186 by striking Section 1 in its entirety. The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams,G Y Adams.M Y Aiken Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten 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 N Brown.G YBuck Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childera Childs N Clark,B N 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 YDean Y Dimn Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd N Foster YGaler YGodbee YGoodwin Y Greene Y Greer Y Groover Y Hamilton Y Banner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Ylsakson Y JacksonJ 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 Y Lawson YLee.C YLee.W Y Under YLogan YLong Lord Y 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 YMorton N Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Parham Y Parrish Patten Peters Y Pettit Y Phillips Y Pinkston Y Porter Y Rainey YRamsey.T Y Ramsey.V NRandaU 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 Sinkfleld 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 YTwiggs Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall YWare YWatoon Y Watts White Y Wilder Y Williams.B Y Williams.J Y Williams,R Y Wilson Y Wood Y Workman Yeargin N Young Murphy.Spkr On the passage of the Bill, by substitute, the ayes were 156, nays 7. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Smith of the 152nd 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, HB 1186, by substitute, was ordered immediately transmitted to the Senate. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: FRIDAY, JANUARY 31, 1986 337 The Senate has passed by the requisite constitutional majority the following Bill of the House: HB 1217. By Representatives Lane of the lllth, Oliver of the 121st, Phillips of the 120th, Godbee of the 110th, Parrish of the 109th and others: A bill to amend Chapter 14 of Title 2 of the Official Code of Georgia Anno tated, relating to the sale of agricultural products, so as to regulate the sale of onions. The Speaker Pro Tem assumed the Chair. Under the general order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time: HB 1258. By Representatives Pinkston of the 100th, Groover of the 99th and Randall of the 101st: A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the sesquicentennial of the founding of Wesleyan College. The following amendment was read and adopted: The Committee on Motor Vehicles moves to amend HB 1258 as follows: Page 2 - line 1: After 1987 remove comma and insert "through 1989," Line 1 will then read (c) In calendar year 1987 through 1989, any motor vehicle owner.... 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 Alford Alien Y Anderson YArgo Athon Y Atkins Auten 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 Brown.G Buck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childere 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 Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Ployd Y Foster Galer Y Godbee Y Goodwin Greene YGreer Groover Y Hamilton Manner Y Harris 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 Johnson.F Y Johnson.R Johnson.S Kilgore Y Kingston Lane.D Y Lane.R Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan YLong Lord Lucas Y Lupton Maddox Y Mangum Martin.C Y Martin,J Matthews Y McDonald Y McKelvey McKinney 338 JOURNAL OF THE HOUSE, YMilam Y Milford Y Moody Moore Y Morton Y Mostiler Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Par ham Y Parrish Patten Peters Y Pettit Y Phillips Y Pinkston Y Porter Rainey Y Ramsey.T Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Y 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 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 Y 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, as amended, the ayes were 131, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1353. By Representatives Pinkston of the 100th and Beck of the 148th: A bill to amend Code Section 10-1-7 of the Official Code of Georgia Anno tated, relating to the payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under "The Retail Installment and Home Solicitation Sales Act," so as to change the fee that a retail seller may charge a buyer for checks, drafts, or orders which are not honored by the drawee for the payment of money on any bank or other depository. 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 YAigo Y Athon Y Atkins Auten Bailey 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 Brown.G Buck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks N Childers Y Childs Y Clark,B Y Clark,L Y Colbert Coleman Colwell Connell Y Cooper Y Copelan Y Couch YCoi Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Diion YDobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Galer YGodbee YGoodwin Y Greene YGreer Groover Y Hamilton Hanner Y Harris 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 Y Kilgore Y Kingston YLane.D YLane,R Y Lawler Y Lawrence Y Lawson YLee,C YLee.W Y Under YLogan YLong Lord N Lucas Lupton Y Maddox Y Mangum Martin.C N Martin,J Y Matthews McDonald Y McKelvey McKinney Milam Y Milford Y Moody N Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Patten Peters Y Pettit Y Phillips Y Pinkston Y Porter 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 YSelman 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 Townsend Y Triplett Twiggs Waddle Y Waldrep Walker.C Y Walker.L YWall Ware Y Watson Y Watts White Wilder Y Williams,B WilHams.J Y Wuliams,R Y Wilson Y Wood Y Workman Y Yeargin N Young Murphy,Spkr FRIDAY, JANUARY 31, 1986 339 On the passage of the Bill, the ayes were 127, nays 5. The Bill, having received the requisite constitutional majority, was passed. Representative Walker of the 85th 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 1354. By Representatives Pinkston of the 100th and Beck of the 148th: A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to the issuance of bad checks, so as to standardize the charges which may be imposed for the issuance of bad checks. 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 Andereon YArgo Y Athon Y Atkins Auten Bailey YBalkcom Y Bannister Y Bargeron Y Barnett.B Y Bamett,M YBeck Y Benefield YBenn Birdsong N Bishop Y Bolster YBmtick Y Branch YBray Y Brooks Brown.G YBuck YBurruss YByrd Y Carter Chambless Y Chance Y Cheeks Y Childers Y Childs N Clark.B Y Clark.L Y Colbert Y Coleman Y Colwell Connell Y Cooper Copelan Couch YCox Y Crawford Y Crosby Y Cummings Daugherty YDavis Dean YDixon YDobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster Galer YGodbee YGoodwin Greene Greer Groover Y Hamilton Manner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks YHorne Hudson Ylsakson Y Jackson,J Y Jackson.N Y Jamieaon Y Johnson,D Y Johnson,F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston YLane,D Lane.R Y Lawler Y Lawrence YLawson YLee.C YLee,W Linder YLogan YLong Lord Y Lucas Y Lupton Y Maddox Y Mangum Martin.C N Martin.J Matthews McDonald Y McKelvey McKinney Milam Y Milford Y Moody Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett YPannell Parham Y Parrish Patten Peters Y Pettit Phillips Y Pinkston Y Porter Rainey YRamsey.T Ramsey.V YRandall Y Ransom YRay Y Reaves Redding Richardson Robinson.C Robinson,P YRoss Y Royal Y Russell Selman On the passage of the Bill, the ayes were 124, nays 3. The Bill, having received the requisite constitutional majority, was Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L Y Smith.P Smith.T YSmyre Y Stancil Y Steinberg Y Thomas.C Thomas,M Thompson Y Townsend Y Triplett YTwiggs Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White Wilder Y Williams,B Y WilIiams,J Y Williams,R Y Wilson Y Wood Workman Y Yeargin Young Murphy,Spkr HB 1314. By Representative Steinberg of the 46th: A bill to amend Code Section 28-5-60 of the Official Code of Georgia Anno tated, relating to creation of the Claims Advisory Board, so as to provide that the commissioner of corrections serve on the board; to provide for a quorum necessary to transact official business. 340 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 Auten Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield Y Benn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Brown.G 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 YCox Y Crawford Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Y Dunn Edwards Y Felton Y Floyd Y Foster Galer Y Godbee Y Goodwin Y Greene Y Greer Groover Y Hamilton Manner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks Y Home 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 Lane.R Y Lawler Y Lawrence Y Lawson YLee,C Y Lee.W Y Under YLogan YLong Lord Y Lucas Y Lupton Y Maddox Y Mangum Martin.C Y Martin,J Y Matthews McDonald Y McKelvey McKinney YMilam Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Patten Peters Y Pettit Y Phillips Pinkston Y Porter Rainey Y Ramsey.T Ramsey.V YRandall Y Ransom YRay Y 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 Smith,P Smith.T Smyre Y Stancil Y Steinberg Y Thomas.C Thomas.M Y Thompson Y Townsend Y Triplet! Y Twiggs Waddle Y Waldrep Walker.C Y Walker,L Y Wall Y 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. HB 1287. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Burruss of the 20th, Connell of the 87th and others: A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Anno tated, relating to the vacation of office of certain public officials, so as to provide that suspension procedures shall be initiated upon indictment by the United States for certain felonies; to provide that a public official who is sus pended from office shall not receive any compensation after the initial con viction. 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 Auten Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield YBenn Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown,G Buck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark,L Y Colbert FRIDAY, JANUARY 31, 1986 341 Y Coleman Colwell Connell Y Cooper Y Copelan Y Couch YCoi Y Crawford Y Crosby Y Cummings Daugherty YDavis Dean Y Diion Y Dobbs Y Dover YDunn Y Edwards Y FeltTM Y Floyd Y Foster YGaler Y Godbee Y Goodwin YGreene YGreer Groover Y Hamilton Y Manner Y Harris 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 YLane.D YLane,R Y Lawler Y Lawrence YLawson YLee.C YLee,W Y Linder YLogan YLong Lord Y Lucas Y Lupton Y Maddoi Y Mangum Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Parham Y Parrish Patten Peters Y Pettit Y Phillips Pinkston Y Porter Rainey YRamsey.T Ramsey.V YRandall Y Ransom YRay Y Reaves Redding Y Richardson Y Robinson.C Y Robinson.P Rosa Y Royal Y Russell YSelman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith.L Y Smith,P Smith,T YSmyre Y Stancil Y Steinberg Y Thomas.C Thomas,M Y Thompson Townsend Y Triplett Twiggs Waddle Y Waldrep Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts White 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, the ayes were 142, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 505. By: Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Burruss of the 20th, Connell of the 87th and others: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the procedures for suspending certain public officials shall be initiated upon indictment for certain felonies by the United States and to provide that a public official who is suspended from office shall not receive any compensation after the initial conviction and to provide that if the public official is reinstated to office he shall be entitled to receive any compensation with held and to provide that after the initial conviction of certain public officials for any felony in a trial court of this state or the United States, regardless of whether the official has been previously suspended, such public official shall be immediately and without fur ther action suspended from office and to provide that such official shall not be entitled to receive any compensation during such suspension and to provide that if such conviction is overturned the official shall be reinstated to office and shall receive any compensation withheld and to provide for a replacement official and the filling of a vacancy and to pro vide for applicability; to provide for submission of this amendment for ratification or rejec tion; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article II, Section III, Paragraph I of the Constitution is amended by striking subparagraph (b) and inserting in lieu thereof a new subparagraph (b) to read as follows: "(b) Upon indictment for a felony by a grand jury of this state or by the United States, which felony indictment relates to the performance or activities of the office of any public official, the Attorney General or district attorney shall transmit a certified copy of the indictment to the Governor or, if the indicted public official is the Governor, to the Lieutenant Governor who shall, subject to subparagraph (d) of this Paragraph, appoint a review commission. If the indicted public official is the Governor, the commis sion shall be composed of the Attorney General, the Secretary of State, the State School 342 JOURNAL OF THE HOUSE, Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture, and the Commissioner of Labor. If the indicted public official is the Attorney General, the commission shall be composed of three other public officials who are not members of the General Assembly. If the indicted public official is not the Governor, the Attorney General, or a member of the General Assembly, the commission shall be composed of the Attorney General and two other public officials who are not members of the General Assembly. If the indicted public official is a member of the General Assembly, the commission shall be composed of the Attorney General and one member of the Senate and one member of the House of Representatives. If the Attorney General brings the indictment against the public official, the Attorney General shall not serve on the commission. In place of the Attorney General, the Governor shall appoint a retired Supreme Court Justice or a retired Court of Appeals Judge. The commission shall pro vide for a speedy hearing, including notice of the nature and cause of the hearing, proc ess for obtaining witnesses, and the assistance of counsel. Unless a longer period of time is granted by the appointing authority, the commission shall make a written report within 14 days. If the commission determines that the indictment relates to and adversely affects the administration of the office of the indicted public official and that the rights and interests of the public are adversely affected thereby, the Governor or, if the Governor is the indicted public official, the Lieutenant Governor shall suspend the public official immediately and without further action pending the final disposition of the case or until the expiration of the officer's term of office, whichever occurs first. During the term of office to which such officer was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after con viction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the officer shall be immediately reinstated to the office from which he was suspended. While a public official is suspended under this Paragraph and until final conviction initial conviction by the trial court, the officer shall continue to receive the compensation from his office. After initial conviction by the trial court, the officer shall not be entitled to receive the compensation from his office. If the officer is reinstated to office, he shall be entitled to receive any compensation withheld under the provisions of this Paragraph." Section 2. Article II, Section III of the Constitution is amended by adding at the end thereof a new Paragraph II to read as follows: "Paragraph II. Suspension upon felony conviction. Upon initial conviction of any public official designated in Paragraph I of this section for any felony in a trial court of this state or the United States, regardless of whether the officer has been sus pended previously under Paragraph I of this section, such public official shall be immediately and without further action suspended from office. While a public official is suspended from office under this Paragraph, he shall not be entitled to receive the compensation from his office. If the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the public official shall be immedi ately reinstated to the office from which he was suspended and shall be entitled to receive any compensation withheld under the provisions of this Paragraph. Unless the Governor is the public official under suspension, for the duration of any suspension under this Paragraph, the Governor shall appoint a replacement official except in the case of a member of the General Assembly. If the Governor is the public officer under suspension, the provisions of Article V, Section I, Paragraph V of this Constitution shall apply as if the Governor were temporarily disabled. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof. The provisions of this Paragraph shall not apply to any conviction rendered prior to January 1, 1987." Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: FRIDAY, JANUARY 31, 1986 343 "( ) YES ( ) NO Shall the Constitution be amended so as to provide that the procedures for suspending certain public officials shall be initiated upon indictment for certain felonies by the United States and to provide that a public official who is suspended from office shall not receive any compensation after the initial conviction and to provide that if the public official is reinstated to office he shall be entitled to receive any compensation with held and to provide that after the initial conviction of certain public offi cials for any felony in a trial court of this state or the United States, regardless of whether the official has been previously suspended, such public official shall be immediately and without further action suspended from office and to provide that such official shall not be entitled to receive any compensation during such suspension and to provide that if such conviction is overturned the official shall be reinstated to office and shall receive any compensation withheld and to provide for a replacement official and the filling of a vacancy and to provide for applicability?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y Adams,M Y Aiken Alford Alien Y Anderson Y Argo Y Athon Y Atkins Auten Bailey Y Balkcom Y Bannister Y Bargeron Y Bainett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G Buck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark,B Clark.L Y Colbert Y Coleman Colwell Connell Y Cooper Y Copelan Y Couch YCox Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler Y Godbee Y Goodwin Y Greene Y Greer Groover Y Hamilton Y Manner Y Harris 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 Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under Y Logan YLong Lord Y Lucas Y Lupton Y Maddoi Y Mangum 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 Padgett Y Pannell Parham Y Parrish Patten Peters Y Pettit Y Phillips Pinkston Y Porter Rainey Y Ramsey.T 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 On the adoption of the Resolution, the ayes were 144, nays 0. Y Shepard Y 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 Twiggs Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall YWare 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 344 JOURNAL OF THE HOUSE, The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 506. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Burruss of the 20th, Connell of the 87th and others: A RESOLUTION Proposing an amendment to the Constitution so as to provide that a judge who is sus pended from office shall not receive any compensation after the initial conviction and to provide that if the judge is reinstated to office, he shall be entitled to receive any compen sation withheld and to provide that after the initial conviction of a judge for any felony in a trial court of this state or the United States, regardless of whether the judge has been previously suspended, such judge shall be immediately and without further action sus pended from office and to provide that such judge shall not be entitled to receive any compensation during such suspension and to provide that if such conviction is overturned the judge shall be reinstated to office and shall receive any compensation withheld and to provide for a replacement judge and the filling of a vacancy and to provide for applica bility; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VI, Section VII, Paragraph VII of the Constitution is amended by striking division (1) of subparagraph (b) of said Paragraph and inserting in lieu thereof a new division (1) to read as follows: "(1) Upon indictment for a felony by a grand jury of this state or by a grand jury of the United States of any judge, the Attorney General or district attorney shall trans mit a certified copy of the indictment to the Judicial Qualifications Commission. The commission shall, subject to subparagraph (b)(2) of this Paragraph, review the indict ment, and, if it determines that the indictment relates to and adversely affects the administration of the office of the indicted judge and that the rights and interests of the public are adversely affected thereby, the commission shall suspend the judge immediately and without further action pending the final disposition of the case or until the expiration of the judge's term of office, whichever occurs first. During the term of office to which such judge was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the judge shall be immediately reinstated to the office from which he was suspended. While a judge is suspended under this subparagraph and until final conviction initial conviction by the trial court, the judge shall continue to receive the compensation from his office. After initial conviction by the trial court, the .judge shall not be entitled to receive the compensation from his office. If the judge is reinstated to office, he shall be entitled to receive any compensation withheld under the provisions of this subparagraph. For the duration of any suspension under this subparagraph, the Governor shall appoint a replacement judge. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof." Section 2. Article VI, Section VII, Paragraph VII of the Constitution is further amended by adding at the end thereof a new subparagraph (c) to read as follows: "(c) Upon initial conviction of any judge for any felony in a trial court of this state or the United States, regardless of whether the judge has been suspended previously under subparagraph (b) of this Paragraph, such judge shall be immediately and without further action suspended from office. While a judge is suspended from office under this subparagraph, he shall not be entitled to receive the compensation from his office. If the conviction is later overturned as a result of any direct appeal or application for a writ FRIDAY, JANUARY 31, 1986 345 of certiorari, the judge shall be immediately reinstated to the office from which he was suspended and shall be entitled to receive any compensation withheld under the provi sions of this subparagraph. For the duration of any suspension under this subparagraph, the Governor shall appoint a replacement judge. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof. The provisions of this subparagraph shall not apply to any conviction rendered prior to Janu ary 1, 1987." Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that a judge who is suspended from office shall not receive any compensation after the initial conviction and to provide that if the judge is reinstated to office, he shall be entitled to receive any compensation withheld and to provide that after the initial conviction of a judge for any felony in a trial court of this state or the United States, regardless of whether the judge has been previously suspended, such judge shall be immediately and without fur ther action suspended from office and to provide that such judge shall not be entitled to receive any compensation during such suspension and to provide that if such conviction is overturned the judge shall be rein stated to office and shall receive any compensation withheld and to pro vide for a replacement judge and the filling of a vacancy and to provide for applicability?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y Adams,M Y Aiken Alford Alien Y Anderson Y Argo Y Athon Y Atkins Auten 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 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 YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Greene YGreer Groover Y Hamilton Y Manner Y Harris 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 YLee,C Y Lee.W Y Under YLogan YLong Lord 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 Padgett Y Pannell Parham Y Parrish Patten Peters 346 JOURNAL OF THE HOUSE, Y Pettit Y Phillips Pinkston Y Porter Rainey Y 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 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 YTwiggs Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall YWare 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 adoption of the Resolution, the ayes were 151, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. The following Resolutions of the House were read and referred to the Committee on Rules: HR 631. By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th: A resolution commending Specialist 5th Class Tommy Eugene Dorsey, Spe cialist 5th Class Larry Sexton, and First Lieutenant Stuart W. Berger and inviting them to appear before the House of Representatives. HR 634. By Representatives Isakson of the 21st, Shepard of the 71st, Heard of the 43rd, Benefield of the 72nd and Murphy of the 18th: A resolution commending Congressman Newt Gingrich and inviting him to appear before the House of Representatives on Thursday, February 13, 1986. The following Resolution of the House was read and referred to the Committee on Motor Vehicles: HR 637. By Representatives Ransom of the 90th, Padgett of the 86th, Harris of the 84th, Brown of the 88th, McKinney of the 35th and others: A resolution encouraging the use of motor vehicle seat belts. The following Resolutions of the House were read and adopted: HR 629. By Representative Williams of the 48th: A resolution commending Sagamore Hills Elementary School. HR 630. By Representatives Greene of the 130th, Reaves of the 147th, Long of the 142nd, Balkcom of the 140th, Royal of the 144th and others: A resolution urging continuation of the Agricultural Conservation Program of the Agricultural Stabilization and Conservation Service. HR 636. By Representatives Greene of the 130th, Cummings of the 17th, Selman of the 32nd, Galer of the 97th, Moore of the 139th and others: A resolution in remembrance of Christa McAuliffe. HR 639. By Representatives Kilgore of the 42nd, Watson of the 114th, Hooks of the 116th, Workman of the 51st, Bargeron of the 108th and others: FRIDAY, JANUARY 31, 1986 347 A resolution commending Mr. Michael Harrelson. 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 follow ing recommendation: HB 1176 Do Pass, by Substitute Respectfully submitted, /a/ Childers of the 15th Chairman The following communication was received from the Secretary of State: Secretary of State 214 State Capitol Atlanta 30334 January 31, 1986 The Honorable Glenn Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Mr. Ellard: I am transmitting to you herewith a certified list of those persons who registered in the Docket of Legislative Appearance for the 1986 Regular Session the week of January 31, 1986, as of 3:00 p.m. this date. The list is numbered 519 through 566. With best wishes, I am Most sincerely, Is/ Max Cleland MC:am Attachment: Received by Glenn Ellard 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 519 through 566, who have registered in the Docket of Legislative Appearance as of January 31, 1986, 3:00 p.m., in accordance with Georgia Laws 1970, 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 348 JOURNAL OF THE HOUSE, City of Atlanta, this 31st day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-six and of the Independence of the United States of America the Two Hundred and Tenth. /si Max Cleland Secretary of State 519. James D. King, Jr. MARTA 2200 Peachtree Summit Bldg. 401 W. Peachtree Street Atlanta, Georgia 30365 520. Michael M. Kumpf Standard Oil of Ohio Box 7117 Atlanta, Georgia 30357 521. D. H. (Jack) Brewer OLIN Corp. Box 2896 Lake Charles, Louisiana 522. John A. Williams, Jr. REGISTERED AGENT Southeast Toyota Distributors, Inc. Motorcycle Ind. Council, Inc. Southern Engineering Co. 1800 Peachtree Street Suite 615 Atlanta, Georgia 30309 523. Joe W. Andrews, Jr. REGISTERED AGENT Ga. Industrial Loan Assn. Home Builders of Ga. Georgia Dairy Products Assn. Professional Bail Bond Assn. Cole National Corp. Ga. Assn. of Tax Officials Georgia Assn. of Superior Court Clerks P. 0. Box 801 Macon, Georgia 31202 524. Robert G. Drummer Georgia State Employees Assn. IBEW Building, Suite 535 Pulliam Drive Atlanta, Georgia 30314 525. Sharon M. Adams Prime Cable TV 1038 W. Peachtree St., N.E. Atlanta, Georgia 30309 526. Jane Carney Historic Preservation 1221 Fairview Road, N.E. Atlanta, Georgia 30306 527. Ralph S. Turner DeKalb Grand Jurors Assn. P. O. Box 430 Decatur, Georgia 30031 528. James A. White REGISTERED AGENT Home Builders Assn. of Ga. Georgia Dairy Products Assn. Georgia Industrial Loan Assn. Prof. Bail Agents of Georgia Superior Court Clerks Tax Commissioners of Georgia 370 E. Lanier Avenue Fayetteville, Georgia 30214 529. John F. Chambless Assoc. General Contractors 147 Harris Street, N.W. Atlanta, Georgia 30313 530. Bruce Widener REGISTERED AGENT Ga. Utility Contractors Assn. Yancey Bros. Company Ga. Equipment Dist. Assn. Ga. Drillers Assn. P. O. Box 88866 Atlanta, Georgia 30356 531. Dr. James H. Fox, Jr. Fulton County Public Schools 786 Cleveland Avenue, S.W. Atlanta, Georgia 30315 532. Dee Baldwin, R.N. Georgia Nurses Assn. 1362 W. Peachtree, N.W. Atlanta, Georgia 30309 533. John Zaychek Fireworks Industry 1744 Wingard Drive, N.E. Marietta, Georgia 30062 534. Quinton S. King Georgia Assn. of Realtors 5775-A Glenridge Drive, N.E. Suite 125 Atlanta, Georgia 30328 FRIDAY, JANUARY 31, 1986 349 535. Katherine Reynolds Parent to Parent of Ga., Inc. 1447 Peachtree St., N.E. Suite 522 Atlanta, Georgia 30309 536. Robert Shig Porter REGISTERED AGENT Memorial Medical Ctr., Inc. Provident Health Serv., Inc. P. O. Box 23089 Savannah, Georgia 31403 537. Donald C. Colby Pratt & Whitney P. O. Box 9903 Columbus, Georgia 31908 538. Roger T. Lane Georgia Oilmen's Assn. 3300 N.E. Expressway Suite 8-P Atlanta, Georgia 30341 539. Russ Weaver Gwinnett Chamber of Commerce P. 0. Box 1245 Lawrenceville, Georgia 30246 540. Jann Wheeler Gwinnett County Chamber of Commerce, Inc. 304 Club Place Duluth P. 0. Box 1245 Lawrenceville, Georgia 30246 541. Margie A. Hatfield Georgia PTA 2623 Elm Drive, S.E. Marietta, Georgia 30067 542. Norman H. Thomas Georgia PTA 114 Baker Street, N.E. Atlanta, Georgia 30308 543. John P. Stevens First Nat. Bank of Atlanta P. O. Box 4148 Atlanta, Georgia 30342 544. Tiersa Ann Hays SELF P. O. Box 13463 Capitol Station Austin, Texas 78711 545. Frank F. Molock C W A Retirees 279 Logan Street, S.E. Atlanta, Georgia 30312 546. Brooks Payne Georgia Not-For-Profit Hospital Assn. 5 Collier Road, N.W., #7 Atlanta, Georgia 30309 547. Alfred T. Pitman Georgia Federal Bank (F.S.B.) 20 Marietta Street Atlanta, Georgia 30303 548. Grady Perry, Jr. Georgia League of Saving Institutions 41 Marietta Street Suite 507 Atlanta, Georgia 30303 549. Billy G. Adams Southeastern Farm and Power Equipment Assn. 428 Academy Avenue Dublin, Georgia 31021 550. T. M. "Mort" Ewing (VOID) Ga. Farm Bureau Federation and Affiliated Companies 1775 Dixie Road Covington, Georgia 30209 551. J. Louis Hunt (VOID) Ga. Farm Bureau Federation and Affiliated Companies Route 3 LaFayette, Georgia 30728 552. George Grimaud (VOID) Ga. Farm Bureau Federation and Affiliated Companies Tignall, Georgia 30668 553. Philip E. Manners Paul Manners & Assoc., Inc. 2 Peachtree Street, N.W. Suite 1544 Atlanta, Georgia 30383 554. Wayne Reece REGISTERED AGENT Southeast Toyota Distributors, Inc. Motorcycle Ind. Council, Inc. Benton & Company United Properties, Inc. North Georgia Mountain Apple Growers Assn. Southern Engineering Company 1800 Peachtree Street Suite 615 Atlanta, Georgia 30309 350 JOURNAL OF THE HOUSE, 555. William D. Padgett, II Trust Company of Georgia P. O. Box 4418 Atlanta, Georgia 30302 556. Joy Richardson Moral Concerns First Baptist Church 1413 New Hope Church Road Tunnel Hill, Georgia 30755 557. Jack Cory Jack Cory & Associates 317 N. Gadsden Street Tallahassee, Florida 32301 558. Bonnie Winfrey AAHCC Bradley Method of Natural Childbirth 5310 Old Bill Cook Road College Park, Georgia 30349 559. Judy Nevilles-Porter Residential Serv. Coalition 100 Edgewood Avenue, N.E. Atlanta, Georgia 30303 560. Cheryl Sarvis Georgia Assn. of Educators 208 Edgewood Drive Thomasville, Georgia 31792 561. Linda Bell American College of Nurse-Midwives 9854 Hospital Drive, #120A Douglasville, Georgia 31034 562. Martha O. Andrews REGISTERED AGENT Atlanta Chapter National Health Federation The Voice of Liberty 692 Sunnybrook Drive Decatur, Georgia 30033 563. Patricia F. Carriere REGISTERED AGENT Georgia NOW - Legis. Coord. DeKalb Democratic Party Young Democrats of Georgia 892 Springdale Road, N.E. #A Atlanta, Georgia 30306 564. Jackie Christopher Douglas County Assn. of Educators C-6 Dogwood Blossom Douglasville, Georgia 30135 565. Patricia A. Dewberry Douglas County Assn. of Educators 8138 Malone Street Douglasville, Georgia 30134 566. Verline D. Dennis Douglas County Assn. of Educators 8266 Connally Drive Douglasville, Georgia 30134 Representative Burruss of the 20th moved that the House do now adjourn until 10:00 o'clock, Monday morning and the motion prevailed. The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, Monday morning. MONDAY, FEBRUARY 3, 1986 351 Representative Hall, Atlanta, Georgia Monday, February 3, 1986 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Aaron Adams,G Adams.M Aiken Alford Alien Anderson Argo Athon Atkins Auten Bailey Balkcom Bannister Bargeron Barnett,B Harriett,M Beck Birdsong Bishop Bolster Bostick Branch Bray Brooks Brown.G Buck Burruss Carter Chambless Chance Cheeks Childers Childs Clark,L Colbert Coleman Colwell Connell Cooper Couch Cox Crawford Crosby Cummings Davis Dean Dixon Dobbs Dover Dunn Felton Floyd Foster Galer Godbee Goodwin Greene Greer Groover Hamilton Hanner Harris Hasty Hays Heard Hill Holcomb Holmes Hooks Home Hudson Isakson Jackson ,J Jackson.N Johnson.F Johnson,R Johnson,S Kilgore Kingston Lane.D Lawler Lawrence Lawson Lee,C Lee.W Linder Logan Long Lord Maddox Mangum Martin.C Martin^J Matthews McDonald McKelvey McKinney Milam Milford Moody Moore Morton Mos tiler Moultrie Mueller Oliver.C Padgett Parham Parrish Patten Peters Pettit Pinkston Porter Rainey Ramsey.T Ramsey.V Ransom Ray Reaves Redding Richardson Robinson.C Robinson.P Ross Royal Russell Selman Shepard Sherrod Sinkfleld Sizemore Smith.L Smith,? Stancil Stein berg Thomas.M Townsend Triplett Twiggs Waldrep Walker.C Wall Watson Watts White Wilder Williams.B Williams.R Wilson Wood Yeargin Prayer was offered by Dr. Ron Long, Pastor, Glenwood Hills Baptist Church, Lithonia, 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. 352 JOURNAL OF THE HOUSE, 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees: HB 1553. By Representative Mangum of the 57th: A bill to amend Code Section 33-24-51 of the Official Code of Georgia Anno tated, relating to authorization of purchase by counties, municipalities, and other political subdivisions of certain motor vehicle liability insurance, so as to provide that boards of education of county or independent school districts may become self-insurers for the purpose of providing such liability insur ance. Referred to the Committee on State Planning & Community Affairs. HB 1554. By Representatives Alien of the 127th, Pannell of the 122nd, Triplett of the 128th, Hamilton of the 124th and Kingston of the 125th: A bill to repeal an Act entitled "An Act to provide for the compensation of certain officers of counties of this state having a population of not less than 190,000 nor more than 210,000 according to the United States decennial census of 1980 or any future such census; to provide an effective date; to repeal conflicting laws", approved April 12, 1982. Referred to the Committee on Judiciary. HB 1555. By Representatives Burruss of the 20th, Kilgore of the 42nd, Thompson of the 20th, Williams of the 6th, Cooper of the 20th and others: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxation, so as to exempt from sales and use taxation fuel delivered to private residences and used therein for heating and household purposes. By unanimous consent, HB 1555 was ordered engrossed. Referred to the Committee on Ways & Means. HB 1556. By Representatives Selman of the 32nd, Couch of the 40th and Lane of the 27th: A bill to amend Code Section 33-16-14 of the Official Code of Georgia Anno tated, relating to the the maximum amount of insurance that a farmer's mutual fire insurance company may retain on a subject of insurance exposed to loss from the same fire, so as to increase the maximum limits of risk. Referred to the Committee on Insurance. HB 1557. By Representatives Lawler of the 20th, Cooper of the 20th, Wilson of the 20th, Thompson of the 20th, Burruss of the 20th and others: A bill to amend an Act changing the compensation of the clerk of superior court, the sheriff, and probate judge of Cobb County from the fee system to the salary system, so as to fix the salary of the chief deputy sheriff of Cobb County; to fix the compensation of the chief investigator for Cobb County. Referred to the Committee on State Planning & Community Affairs - Local. MONDAY, FEBRUARY 3, 1986 353 HB 1558. By Representatives Young of the 134th, Steinberg of the 46th, Walker of the 85th, Williams of the 48th, McKinney of the 35th and others: A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Anno tated, relating to bonds and recognizances, so as to prohibit the pledging of real property by a surety for bond unless the surety is the sole owner of such property or all persons owning an interest in such property consent to the pledging of such property. Referred to the Committee on Judiciary. HR 633. By Representative Long of the 142nd: A resolution authorizing the conveyance of certain state owned real property located in Grady County to the City of Cairo. Referred to the Committee on State Institutions & Property. HR 638. By Representatives Wilson of the 20th, Lee of the 72nd, McDonald of the 12th, Burruss of the 20th, Connell of the 87th and others: A resolution re-creating the Center for Rehabilitation Technology Study Committee. Referred to the Committee on Rules. 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 1561. By Representatives Selman of the 32nd and Bolster of the 30th: A bill to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disci plinary tribunals, so as to provide that certain children shall not be subject to hearings before a disciplinary tribunal; to provide that the superintendent shall determine appropriate disciplinary proceedings. Referred to the Committee on Education. HB 1570. By Representatives Walker of the 115th, Smyre of the 92nd and Benefield of the 72nd: A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to the Teachers Retirement System of Georgia, so as to pro vide that certain contributions shall be made by local units of administration rather than from appropriations made to the State Board of Education. Referred to the Committee on Retirement. HB 1571. By Representative Robinson of the 58th: A bill to amend Code Section 9-11-4 of the Official Code of Georgia Anno tated, relating to process, and Code Section 29-2-4 of the Official Code of Georgia Annotated, relating to petitions for sale of a ward's property, so as to authorize personal service upon the guardian ad litem of certain minors instead of personal service upon the minors and provide for substitute service thereon. Referred to the Committee on Judiciary. 354 JOURNAL OF THE HOUSE, HB 1572. By Representatives Walker of the 115th, Chambless of the 133rd, Isakson of the 21st, Adams of the 36th and Townsend of the 24th: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to grant authority to the General Assembly to pro vide by local law for a form of governmental reorganization whereby the charter of a municipality is repealed in order for the county in which the municipality is located to succeed to the corporate powers, functions, rights, assets, and liabilities of the municipality. Referred to the Committee on Judiciary. HB 1575. By Representatives Walker of the 115th, Smyre of the 92nd, Wood of the 9th, Watson of the 114th, Waddle of the 113th and others: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to Georgia income tax, generally, so as to provide that the first $10,000.00 of income from retirement or pension systems or funds of the armed forces of the United States of America or from any other retirement or pension systems or funds of the federal government shall be exempt from Georgia income tax if the recipient of the income is 62 years of age or older. Referred to the Committee on Ways & Means. HB 1579. By Representatives Bishop of the 94th, Dixon of the 151st and Walker of the 85th: A bill to amend Chapter 4 of Title 3 of the Official Code of Georgia Anno tated, relating to the regulation of distilled spirits, so as to provide that cer tain municipalities may authorize the manufacture, sale, or distribution of distilled spirits or the sale of distilled spirits by the drink for consumption only on the premises; to provide procedures for such authorization. Referred to the Committee on Regulated Beverages. HB 1580. By Representatives McKinney of the 35th, Couch of the 40th, Felton of the 22nd, Lane of the 27th and Colbert of the 23rd: A bill to repeal in its entirety Code Section 36-1-19 of the Official Code of Georgia Annotated, relating to the authority of counties of this state having a population of more than 550,000 according to the United States decennial census of 1970 or any future such census to appropriate money for the pur pose of making grants or contributions to any corporation, association, insti tution, or individual for purely charitable purposes. Referred to the Committee on State Planning & Community Affairs. HB 1583. By Representatives Dean of the 29th, Randall of the 101st, Young of the 134th and Thomas of the 31st: A bill to amend Code Section 31-8-126 of the Official Code of Georgia Anno tated, relating to causes of action against facilities for violating the bill of rights for residents of long-term care facilities, so as to change the provisions relating to civil liability of long-term care facilities and their agents and employees for violating the rights of residents of such facilities. Referred to the Committee on Health & Ecology. HB 1584. By Representatives Steinberg of the 46th, Hooks of the 116th and Murphy of the 18th: MONDAY, FEBRUARY 3, 1986 355 A bill to amend Code Section 48-7-82 of the Official Code of Georgia Anno tated, relating to time periods for the assessment, collection, and refund of income taxes, so as to provide for the consequences of a taxpayer's failure to give timely notice to the state revenue commissioner of a change by the United States Department of the Treasury in the amount of the taxpayer's net income for any year. Referred to the Committee on Ways & Means. HB 1585. By Representatives Dean of the 29th, Randall of the 101st, Young of the 134th, Martin of the 26th and Thomas of the 31st: A bill to amend Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to discrimination in the sale, lease, or financing of housing, so as to provide that municipalities may adopt ordinances relat ing to discrimination in housing and may adopt all or a portion of said article as a municipal ordinance and provide punishment for violations of any such ordinance. Referred to the Committee on State Planning & Community Affairs. HB 1586. By Representatives Dean of the 29th, Randall of the 101st, Young of the 134th and Thomas of the 31st: A bill to amend Code Section 9-11-5 of the Official Code of Georgia Anno tated, relating to service and filing of pleadings subsequent to the original complaint, so as to provide that the failure of a party to file pleadings in an action shall not be deemed to be a waiver by the party of any notices. Referred to the Committee on Special Judiciary. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1524 HB 1525 HB 1527 HB 1528 HB 1529 HB 1530 HB 1531 HR iq HHRB i1t5o34l HB 1535 HHBB 11553367 HHBB 11553398 HB 1540 HB 1542 HB 1543 HB 1544 HB 1545 HB 1546 HB 1547 HB 1548 HB 1549 HB 1550 HB 1551 HB 1552 HB 1559 HB 1560 HR 597 HR 632 HR 635 HSBR 6g4io Qg ,,... TM7 SR 283 SR 289 SR 290 SR 322 356 JOURNAL OF THE HOUSE, Representative McDonald of the 12th District, Chairman of the Committee on Appro priations, submitted the following report: Mr. Speaker: Your Committee on Appropriations 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 1550 Do Pass Respectfully submitted, /s/ McDonald of the 12th 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 has instructed me to report the same back to the House with the follow ing recommendations: HB 850 Do Pass, by Substitute HB 1329 Do Pass, as Amended Respectfully submitted, /s/ Childers of the 15th Chairman Representative Colwell of the 4th District, Chairman of the Committee on State Insti tutions & Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions & Property has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation: SR 322 Do Pass Respectfully submitted, /s/ 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 has instructed me to report the same back to the House with the following recommendations: HB 1453 Do Pass, by Substitute HB 1454 Do Pass, by Substitute HB 1491 Do Pass HB 1492 Do Pass HB 1494 Do Pass HB 1497 Do Pass HB 1502 Do Pass HB 1509 Do Pass MONDAY, FEBRUARY 3, 1986 357 HB 1510 Do Pass HB 1511 Do Pass HB 1512 Do Pass HB 1514 Do Pass HB 1515 Do Pass HB 1516 Do Pass HB 1517 Do Pass HB 1518 Do Pass HB 1519 Do Pass Respectfully submitted, /s/ Adams of the 36th Chairman By unanimous consent, the following Bills of the House were taken up for consider ation and read the third time: HB 1453. By Representative Copelan of the 106th: A bill to amend an Act creating the board of commissioners of Greene County, so as to provide for the method of election of the chairman and members of the board of commissioners of Greene County; to provide for dis tricts. The following Committee substitute was read and adopted: A BILL To amend an Act creating the board of commissioners of Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, particularly by an Act approved Febru ary 20, 1964 (Ga. L. 1964, p. 2170) and an Act approved March 21, 1984 (Ga. L. 1984, p. 4628), so as to provide for the method of election of the chairman and members of the board of commissioners of Greene County; to provide for districts; to provide for residency requirements; to provide for vacancies and the filling thereof; to provide for voting by elec tors; to provide for initial and regular terms of office; to provide for practices and proce dures; to provide for a statement of purpose and intent; to provide for other matters relative to the foregoing; to repeal certain provisions relating to the board of commis sioners; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. This Act is enacted to comply with the amended consent order and decree filed on January 10, 1986, with the clerk of the United States District Court for the Middle District of Georgia, Athens Division, in the case of Ulysses Bacon et al. v. Harvey Higdon et al., Civil Action No. 85-40-ATH. Section 2. An Act creating the board of commissioners of Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, particularly by an Act approved Febru ary 20, 1964 (Ga. L. 1964, p. 2170) and an Act approved March 21, 1984 (Ga. L. 1984, p. 4628), is amended by striking Section 2 of said Act and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. (a) The chairman of the board of commissioners may reside anywhere within Greene County and shall be elected by the electors of the entire county. (b) For the purposes of electing the members of the board other than the chairman, Greene County is divided into four districts containing the following described territory: District No. 1: Beginning at the Easternmost corner of District No. 1, the same being the location where County Road #196 (Bethany Church Road) intersects with the Taliaferro County line and running thence from said point of intersection of County Road #196 and the Taliaferro County line in a Westerly direction along County Road #196 to the intersection of County Road #94 and County Road 196; thence turning on to 358 JOURNAL OF THE HOUSE, County Road #94 (Thompson Road) and running in a Southwesterly direction to its intersection with Interstate #20; thence in a Westerly direction along Interstate #20 to its intersection with Beaverdam Creek; thence leaving Interstate #20 and running in a Northerly direction along the meanderings of Beaverdam Creek to the intersec tion of Beaverdam Creek and Georgia Highway #15; thence from the intersection of Beaverdam Creek and Georgia Highway #15 proceeding in a Northwesterly direction along Georgia Highway #15 toward and to the City of Greensboro and running to the intersection of Bush Street and Georgia Highway #15 (at Robinson Park); thence pro ceeding in a Westerly direction along Bush Street to its intersection with Walnut Street; thence turning on to Walnut Street and proceeding in a Southerly direction to its intersection with First Street; thence proceeding Westerly along First Street to its intersection with East Street; thence proceeding in a Southerly direction along East Street to its intersection with Third Street; thence proceeding along Third Street in a Westerly direction to its intersection with Spring Street; thence Southerly along Spring Street to its intersection with Fifth Street; thence in a Easterly direction along Fifth Street to its intersection with West Street; thence in a Southerly direction along West Street to its intersection with Seventh Street; thence in an Easterly direction along Seventh Street to its intersection with Georgia Highway #44; thence proceeding in a Southwesterly direction along Georgia Highway #44 across Interstate #20 to the intersection of County Road #68 (Meadowcrest Road) and said Georgia Highway #44; thence running Easterly along said County Road #68 to its intersection with County Road #63 (the Walker's Church Road); thence running in a Northeasterly direction along the Walker's Church Road to its intersection with County Road #191 known as the Veazey Road (County Road #191); thence in a Southerly direction along the Veazey Road to the intersection of Beaverdam Creek and the Veazey Road; thence in an Easterly direction along Beaverdam Creek to its intersection with Bowden Creek and running along Bowden Creek along the Northerly most branch thereof to its inter section with Poulnot Road (County Road #176); thence Southerly along Poulnot Road to its intersection with the Siloam-Veazey Road (County Road #74); thence in an Easterly direction along said Siloam-Veazey Road to its intersection with the Billy Merritt Road (County Road #76); thence along said Billy Merritt Road to its intersec tion with Stewart's Creek; thence leaving said Billy Merritt Road and running in a Southerly and Westerly direction along the meanderings of Stewart Creek to the inter section of said Stewart's Creek with the White Plains-Veazey Road (County Road #81); thence running along said White Plains-Veazey Road to the intersection of said White Plains-Veazey Road to its intersection with the Flat Rock Road (County Road #56); thence in a Southerly and Westerly direction along said County Road #56 to its intersection with the Liberty Church Road (County Road #191; thence along said Liberty Church Road in a Southerly direction to its intersection with the Flat Rock Church Road (County Road #61); thence in a Westerly direction along said County Road #61 to its intersection with County Road #60; thence in a southerly direction along County Road #60 to its intersection with Georgia Power Company's Lake Oconee; thence along the Southerly shore of Georgia Power Company's Lake Oconee to its intersection with the Hancock County line at the Oconee River; thence running in a Northeasterly direction along the Hancock County line to its intersection with the Taliaferro County line; thence in a Northerly direction along the Taliaferro County line to its intersection with County Road 196 (the Bethany Church Road) which was the point of beginning of District 1. District 2: Beginning in the Northerly portion of District 2 the same being a point at which Georgia Highway #77 intersects with the Ogleghorpe County line; running thence from said Point of Beginning in a Southerly direction along Georgia Highway #77 to the City Limits of the town of Woodville; thence along the Westerly City Limits of the town of Woodville to its intersection with County Road #154; thence running in a Southwesterly direction along County Road #154 to its intersection with County Road #153 known as the Talmadge Hensley Road; thence proceeding in a Westerly direction along said Talmadge Hensley Road to its intersection with County Road #2 MONDAY, FEBRUARY 3, 1986 359 known as the Shiloh Church Road; thence in a Westerly direction along said Shiloh Church Road to its intersection with the Greensboro-Penfield Road at Shiloh Church; thence proceeding Southerly along the Greensboro-Penfield Road (County Road #192) to its intersection with the Lickskillet Road (County Road #1); thence in a Southwest erly direction along said Lickskillet Road (unpaved) to its intersection with Georgia Highway #15 the Greensboro-Athens Road; thence in a Southerly direction along said Georgia Highway #15 toward the City of Greensboro to its intersection with Buffalo Street; thence Easterly along Buffalo Street to Spring Street; thence Northerly along Spring Street to its interesection with Richland Avenue; thence Southeasterly along Richland Avenue and continuing along an extension thereof crossing the main line of the Georgia Railroad to its intersection with the Northerly most portion of Main Street; thence Easterly along said Northerly most portion of Main Street to its inter section with East Street in the City of Greensboro; thence Northerly along East Street to its intersection with the main line of the Georgia Railroad; thence in a North easterly direction along the main line of the Georgia Railroad to its intersection with County Road #150 known as the Swimming Pool Road; thence in a Easterly direction along the Swimming Pool Road to its intersection with U.S. Highway #278, the Greensboro-Union Point Road; thence along the Greensboro-Union Point Road in a Northeasterly direction to its intersection with a branch which merges to form the North fork of the Ogeechee River, said branch being located to the Southerly side of Bethel Church and running thence along said branch line in a due East direction to a point where said North fork of the Ogeechee River intersects with Georgia Highway #77 (the Union Point-Siloam Road); thence from said point running North along said Georgia Highway #77 to its intersection with County Road #111; running in a Nor therly direction along said County Road #111 to its intersection with the City Limits of the City of Union Point; thence Northerly along the Southwesterly City Limits of the City of Union Point to its intersection with U.S. Highway #278; thence following the City Limits of Union Point along U.S. Highway #278 and leaving U.S. Highway #278 following the City Limits of said City and then rejoining U.S. Highway #278 at a point where the City Limits of Union Point traverses said U.S. Highway #278; thence Easterly along U.S. Highway #278 within the City of Union Point to its inter section with Georgia Highway #77; thence proceeding in a Northerly direction under the underpass of the main line of the Georgia Railroad to its intersection with Rhodes Street; thence Easterly along Rhodes Street travelling under the underpass of the Athens Branch of the Georgia Railroad to its intersection with Carlton Avenue; thence along Carlton Avenue in a Northwesterly direction to its intersection with Barnes Street; thence in a Northeasterly direction along Barnes Street to its intersection with the Old Crawfordville Road; thence in a Southeasterly direction along the Old Crawfordville Road to its intersection with the Easterly City Limits of the City of Union Point; thence in a Northerly direction along said Easterly City Limits of the City of Union Point to its intersection with Rhodes Street (Old Georgia Highway #44) (County Road #134) thence proceeding Northeasterly along said Old Georgia Highway #44 to its intersection with Georgia Highway #44; thence in a Easterly and North easterly direction along said Georgia Highway #44 to its intersection on the Taliaferro County line at its intersection with Little River; thence proceeding along the Taliaferro and Oglethorpe County lines to its intersection with Georgia Highway #77 (Woodville-Lexington Road) which was the point of beginning for District No. 2. District No. 3: Beginning at the Northeasterly most portion of District No. 3 the same being the point where the Georgia Highway #44 (Union Point-Washington Highway) intersects with Taliaferro County line at Little River; thence running in a Southwesterly direc tion along Georgia Highway #44 toward Union Point to its intersection with County Road #134 (the Old Georgia Highway #44); thence in a Southwesterly direction along Old Georgia Highway #44 to its intersection with the City Limits of Union Point; thence proceeding along the Easterly City Limits of Union Point in a Southerly direc tion to its intersection with the Old Crawfordville Road; thence proceeding in a Northwesterly direction along Old Crawfordville Road to its intersection with Barnes 360 JOURNAL OF THE HOUSE, Street; thence in a Southwesterly direction along Barnes Street to its intersection with Carlton Avenue; thence in a Southeasterly direction along Carlton Avenue to its inter section with Rhodes Street; thence crossing under the Athens Branch of the Georgia Railroad along Rhodes Street to its intersection with Georgia Highway #77; thence Southerly along Georgia Highway #77 via the underpass under the main line of the Georgia Railroad to its intersection with U.S. Highway #278; thence proceeding in a Westerly direction along U.S. Highway #278 to its intersection with the City Limits of Union Point; thence leaving U.S. Highway #278 in a Southerly and Westerly and Northerly direction along the City Limits of Union Point to its intersection once again with U.S. Highway #278; thence in a Westerly direction along U.S. Highway #278 to its intersection with the Westerly City Limits of the City of Union Point; thence in a Southerly and Easterly direction along the City Limits of Union Point to its inter section with County Road #111; thence in a Southerly direction along County Road #111 to its intersection with Georgia Highway #77 leading from Union Point to Siloam; thence along Georgia Highway #77 in a Southerly direction to its intersection with the North fork of the Ogeechee River; thence running in a due West direction along the North fork of the Ogeechee River along a line intersecting U.S. Highway #278 just South of Bethel Church; thence running along said U.S. Highway #278 in a Westerly direction to its intersection with the Swimming Pool Road (County Road #150); thence running Northwesterly along the Swimming Pool Road to its intersec tion with the main line of the Georgia Railroad; thence running in a Southwesterly direction along the main line of the Georgia Railroad to its intersection with East Street; thence running in a Southerly direction along East Street to its intersection with the Northernmost end of Main Street; thence running Westerly along said Main Street to its intersection with an extension of Richland Avenue and across the Main line of the Georgia Railroad; thence running Northwesterly along said Richland Ave nue to its intersection with Spring Street; thence running South along Spring Street to its intersection with Buffalo Street; thence running West along Buffalo Street to its intersection with Georgia Highway #15 (also known as Laurel Avenue); thence running South along Laurel Avenue to its intersection with South Street; thence running Easterly along South Street to its intersection with Walnut Street; thence running South along Walnut Street to its intersection with Bush Street; thence running Easterly along Bush Street to its intersection with Georgia Highway #15; thence running Easterly along Georgia Highway #15 (the Greensboro-Siloam High way); thence along said Georgia Highway #15 to its intersection with Beaverdam Creek; thence Southerly along the meanderings of Beaverdam Creek to its intersection with Interstate #20; thence Easterly along Interstate #20 to its intersection with County Road #94; thence Northerly along County Road #94 to its intersection with County Road 196 (the Bethany Church Road); thence Easterly along County Road #196 to its intersection with the Taliaferro County line; thence running Northerly along the Taliaferro County line to the intersection of the Taliaferro County line, Georgia Highway #44 (Union Point-Washington Road) and Little River which is the point of beginning. District No. 4: Beginning in the Northeasterly most portion of District No. 4 the same being a point at which the Woodville-Lexington Highway (Georgia Highway #77) enters and inter sects Oglethorpe County; thence running in a Southerly direction along said Georgia Highway #77 to its intersection with the City Limits of the town of Woodville; thence proceeding along the Westerly City Limits of the town of Woodville to its intersection with County Road #154; thence in a Southwesterly direction along County Road #154 to its intersection with County Road #153 known as the Talmadge Hensley Road; thence in a Westerly direction along the Talmadge Hensley Road to its intersection with County Road #2 known as the Shiloh Church Road; thence in a Westerly direc tion along the Shiloh Church Road to its intersection with the Greensboro-Penfield Road (County Road #192) at Shiloh Church; thence in a Southerly direction along said County Road #192 to its intersection with the Lickskillet Road (County Road #1) thence in a Westerly direction along said Lickskillet Road (unpaved) to its inter section with Georgia Highway #15; thence in a Southerly direction along Georgia MONDAY, FEBRUARY 3, 1986 361 Highway #15 to U.S. Highway #278 and crossing U.S. Highway #278 and proceeding along Laurel Avenue to its intersection with South Street; thence in an Easterly direc tion along South Street to its intersection with Walnut Street; thence in a Southerly direction along Walnut Street to its intersection with First Street; thence in a West erly direction along First Street to its intersection with Bast Street; thence in a South erly direction along East Street to its intersection with Third Steet; thence in a Westerly direction along Third Street to Spring Street and South along Spring Street to its intersection with Fifth Street; thence in a Northeasterly direction along Fifth Street to its intersection with West Street; thence South along West Street to its intersection with Seventh Street; thence East along Seventh Street to its intersection with Georgia Highway #44; thence along Georgia Highway #44 in a Southerly direc tion crossing the interchange at 1-20 to its intersection with County Road #68 known as the Meadowcrest Road; thence Easterly along the Meadowcrest Road to its inter section with County Road #63 known as the Walker's Church Road; thence North easterly along the Walker's Church Road to its intersection with County Road #191 known as the Veazey Road; thence in a Southerly direction along County Road #191 to the intersection of said Veazey Road with Beaverdam Creek; thence in an Easterly direction along Beaverdam Creek to its intersection with Bowden Creek; thence along the Northerly branch of Bowden Creek to its intersection with Poulnot Road (County Road #176); thence Southerly along Poulnot Road to its intersection with the SiloamVeazey Road (County Road #74); thence in an Easterly direction along said SiloamVeazey Road to its intersection with the Billy Merritt Road (County Road #76); thence in a Southeasterly direction along the Billy Merritt Road to its intersection with Stewart's Creek; thence leaving the Billy Merritt Road and proceeding in a Southerly and Westerly direction along Stewart's Creek to its intersection with County Road #81 the White Plains-Veazey Road; thence Easterly along the White PlainsVeazey Road to its intersection with County Road #56 known as Flat Rock Road; thence South along Flat Rock Road to its intersection with the Liberty Church Road (County Road #191); thence in a Southerly direction along the said County Road #191 to its intersection with the Flat Rock Church Road (County Road #61); thence Westerly along the Flat Rock Church Road to its intersection with County Road #60; thence Southerly along County Road #60 to its intersection with Georgia Power Company's Lake Oconee; thence along the Southerly shore of Georgia Power Company's Lake Oconee to its intersection with the Hancock County line; thence Westerly along the Hancock County line to the Putnam County line; thence Northerly along the Putnam County line to the Morgan County line; thence Northerly along the Morgan County line to its intersection on the Oconee County line; thence Easterly along the Oconee County line till its intersection with the Oglethorpe County line; thence Southeasterly along the Oglethorpe County line to Highway #77 (Union PointLexington Highway) the Point of Beginning of District No. 4. (c) One member shall be elected to the board of commissioners from each district by the electors residing within the district. Each candidate seeking election from a dis trict must reside within the district at the time the candidate qualifies to seek such posi tion. Any member elected to the board from a district shall remain a resident of the district from which he or she was elected. If a member moves his or her residence out side the district from which he or she was elected or if the chairman moves his or her residence outside the county during his or her term of office, the position shall be declared vacant at the next regularly scheduled meeting of the board of commissioners. (d) The chairman and members of the board of commissioners who are in office on Janaury 1, 1986, shall serve for the remainder of their respective terms of office to which they were elected and until succeeded as provided in this section. Such members shall possess and have the duty and responsibility of exercising all of the powers given to them by law until so succeeded. At the regularly scheduled primary and general election in August and November, 1986, members shall be nominated and elected from District No. 1 and District No. 3 for terms of office of four years each beginning on January 1, 1987. At the regularly scheduled primary and general election in August and November, 1988. the chairman shall be nominated and elected and the members shall be nominated 362 JOURNAL OF THE HOUSE, and elected from District No. 2 and District No. 4 for terms of office of four years each beginning on January 1, 1989. Following the initial terms of office of the chairman and members provided herein, the term of office of the chairman and each member of the board shall be for four years and until their respective successors are duly elected and qualified. Such terms of office shall begin on January 1 following the date of the elec tion. (e) All elections shall be governed by the general laws of this state and the majority vote requirements of Code Section 21-5-201 of the Official Code of Georgia Annotated shall apply to all elections under this section. (f) Vacancies in the office of chairman of the board or in the office of any member of the board shall be filled as provided in this subsection. (1) If there are less than two years remaining in the term of the person whose position is vacant, the remaining members of the board shall appoint a duly qualified person to fill such vacancy within 60 days after the vacancy occurs and the person so appointed shall serve for the remainder of the unexpired term of office. (2) If there are two or more years remaining in the term of the person whose posi tion is vacant, the remaining members of the board shall appoint a duly qualified person to fill such vacancy within 60 days after the vacancy occurs, and the person so appointed shall serve until a person is elected as provided in subparagraph (A) or (B) of this paragraph to fill such position and such person assumes office. (A) If such a vacancy occurs prior to the opening of qualifying for the regularly scheduled primary and general election next following the vacancy, a successor to such appointed member shall be nominated and elected at such primary and general election in the same manner as members are regularly nominated and elected. The person so elected to fill the vacancy shall take office on January 1 following the election for the remainder of the unexpired term of office. (B) If such a vacancy occurs after the opening of qualifying for the regularly scheduled primary and general election next following the vacancy, a successor to such appointed member shall be elected in a special election to be called and con ducted by the election superintendent of Greene County pursuant to the general laws of the State of Georgia. The cost of such special election shall be borne by Greene County. Any person elected in any such special election shall take office on January 1 following the special election or as soon thereafter as possible and shall serve for the remainder of the unexpired term of office. (3) In any regular or special election to fill a vacancy in the office of chairman, the electors of the entire county may vote. In any regular or special election to fill a vacancy in the office of a member from a district, only the electors residing in such district may vote." Section 3. Said Act is further amended by repealing Section 3 of said Act, relating to elections by the voters of the entire county, Section 3A of said Act, relating to elections and terms of office, and Section 3B of said Act, relating to vacancies, in their entirety. Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1454. By Representative Copelan of the 106th: A bill to provide for the board of education of Greene County; to provide for the method of election of the chairman and members of the board of edu cation of Greene County. MONDAY, FEBRUARY 3, 1986 363 The following Committee substitute was read and adopted: A BILL To provide for the board of education of Greene County; to provide for the method of election of the chairman and members of the board of education of Greene County; to provide for districts; to provide for residency requirements; to provide for vacancies and the filling thereof; to provide for voting by electors; to provide for initial and regular terms of office; to provide for practices and procedures; to provide for a statement of purpose and intent; to provide for other matters relative to the foregoing; to repeal that constitu tional amendment providing for the election of members of the board of education of Greene County (Resolution Act No. 157; House Resolution No. 475-1186; Ga. L. 1964, p. 969) which was continued in force and effect by an Act approved March 27, 1985 (Ga. L. 1985, p. 4248); to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. This Act is enacted to comply with the amended consent order and decree filed on January 10, 1986, with the clerk of the United States District Court for the Middle District of Georgia, Athens Division, in the case of Ulysses Bacon et al. v. Harvey Higdon et al., Civil Action No. 85-40-ATH. Section 2. (a) The board of education of Greene County shall be composed of a chairman and four additional members. (b) The chairman of the board of education may reside anywhere within Greene County and shall be elected by the electors of the entire county. (c) For the purposes of electing the members of the board other than the chairman, Greene County is divided into four districts containing the following described territory: District No. 1: Beginning at the Easternmost corner of District No. 1, the same being the location where County Road #196 (Bethany Church Road) intersects with the Taliaferro County line and running thence from said point of intersection of County Road #196 and the Taliaferro County line in a Westerly direction along County Road #196 to the intersec tion of County Road #94 and County Road 196; thence turning on to County Road #94 (Thompson Road) and running in a Southwesterly direction to its intersection with Interstate #20; thence in a Westerly direction along Interstate #20 to its intersection with Beaverdam Creek; thence leaving Interstate #20 and running in a Northerly direc tion along the meanderings of Beaverdam Creek to the intersection of Beaverdam Creek and Georgia Highway #15; thence from the Intersection of Beaverdam Creek and Georgia Highway #15 proceeding in a Northwesterly direction along Georgia Highway #15 toward and to the City of Greensboro and running to the intersection of Bush Street and Georgia Highway #15 (at Robinson Park); thence proceeding in a Westerly direction along Bush Street to its intersection with Walnut Street; thence turning on to Walnut Street and proceeding in a Southerly direction to its intersection with First Street; thence proceeding Westerly along First Street to its intersection with East Street; thence proceeding in a Southerly direction along East Street to its intersection with Third Street; thence proceeding along Third Street in a Westerly direction to its inter section with Spring Street; thence Southerly along Spring Street to its intersection with Fifth Street; thence in a Easterly direction along Fifth Street to its intersection with West Street; thence in a Southerly direction along West Street to its intersection with Seventh Street; thence in an Easterly direction along Seventh Street to its intersection with Georgia Highway #44; thence proceeding in a Southwesterly direction along Georgia Highway #44 across Interstate #20 to the intersection of County Road #68 (Meadowcrest Road) and said Georgia Highway #44; thence running Easterly along said County Road #68 to its intersection with County Road #63 (the Walker's Church Road); thence running in a Northeasterly direction along the Walker's Church Road to its intersection with County Road #191 known as the Veazey Road (County Road #191); thence in a Southerly direction along the Veazey Road to the intersection of Beaverdam 364 JOURNAL OF THE HOUSE, Creek and the Veazey Road; thence in an Easterly direction along Beaverdam Creek to its intersection with Bowden Creek and running along Bowden Creek along the Nor therly most branch thereof to its intersection with Poulnot Road (County Road #176); thence Southerly along Poulnot Road to its intersection with the Siloam-Veazey Road (County Road #74); thence in an Easterly direction along said Siloam-Veazey Road to its intersection with the Billy Merritt Road (County Road #76); thence along said Billy Merritt Road to its intersection with Stewart's Creek; thence leaving said Billy Merritt Road and running in a Southerly and Westerly direction along the meanderings of Stewart Creek to the intersection of said Stewart's Creek with the White Plains-Veazey Road (County Road #81); thence running along said White Plains-Veazey Road to the intersection of said White Plains-Veazey Road to its intersection with the Flat Rock Road (County Road #56); thence in a Southerly and Westerly direction along said County Road #56 to its intersection with the Liberty Church Road (County Road #191; thence along said Liberty Church Road in a Southerly direction to its intersection with the Flat Rock Church Road (County Road #61); thence in a Westerly direction along said County Road #61 to its intersection with County Road #60; thence in a southerly direction along County Road #60 to its intersection with Georgia Power Company's Lake Oconee; thence along the Southerly shore of Georgia Power Company's Lake Oconee to its intersection with the Hancock County line at the Oconee River; thence running in a Northeasterly direction along the Hancock County line to its intersection with the Taliaferro County line; thence in a Northerly direction along the Taliaferro County line to its intersection with County Road 196 (the Bethany Church Road) which was the point of beginning of District 1. District 2: Beginning in the Northerly portion of District 2 the same being a point at which Georgia Highway #77 intersects with the Ogleghorpe County line; running thence from said Point of Beginning in a Southerly direction along Georgia Highway #77 to the City Limits of the town of Woodville; thence along the Westerly City Limits of the town of Woodville to its intersection with County Road #154; thence running in a Southwesterly direction along County Road #154 to its intersection with County Road #153 known as the Talmadge Hensley Road; thence proceeding in a Westerly direction along said Talmadge Hensley Road to its intersection with County Road #2 known as the Shiloh Church Road; thence in a Westerly direction along said Shiloh Church Road to its inter section with the Greensboro-Penfield Road at Shiloh Church; thence proceeding South erly along the Greensboro-Penfield Road (County Road #192) to its intersection with the Lickskillet Road (County Road #1); thence in a Southwesterly direction along said Lickskillet Road (unpaved) to its intersection with Georgia Highway #15 the Greensboro-Athens Road; thence in a Southerly direction along said Georgia Highway #15 toward the City of Greensboro to its intersection with Buffalo Street; thence East erly along Buffalo Street to Spring Street; thence Northerly along Spring Street to its intersection with Richland Avenue; thence Southeasterly along Richland Avenue and continuing along an extension thereof crossing the main line of the Georgia Railroad to its intersection with the Northerly most portion of Main Street; thence Easterly along said Northerly most portion of Main Street to its intersection with East Street in the City of Greensboro; thence Northerly along East Street to its intersection with the main line of the Georgia Railroad; thence in a Northeasterly direction along the main line of the Georgia Railroad to its intersection with County Road #150 known as the Swimming Pool Road; thence in a Easterly direction along the Swimming Pool Road to its intersec tion with U.S. Highway #278, the Greensboro-Union Point Road; thence along the Greensboro-Union Point Road in a Northeasterly direction to its intersection with a branch which merges to form the North fork of the Ogeechee River, said branch being located to the Southerly side of Bethel Church and running thence along said branch line in a due East direction to a point where said North fork of the Ogeechee River intersects with Georgia Highway #77 (the Union Point-Siloam Road); thence from said point running North along said Georgia Highway #77 to its intersection with County Road #111; running in a Northerly direction along said County Road #111 to its inter section with the City Limits of the City of Union Point; thence Northerly along the MONDAY, FEBRUARY 3, 1986 365 Southwesterly City Limits of the City of Union Point to its intersection with U.S. High way #278; thence following the City Limits of Union Point along U.S. Highway #278 and leaving U.S. Highway #278 following the City Limits of said City and then rejoining U.S. Highway #278 at a point where the City Limits of Union Point traverses said U.S. Highway #278; thence Easterly along U.S. Highway #278 within the City of Union Point to its intersection with Georgia Highway #77; thence proceeding in a Northerly direction under the underpass of the main line of the Georgia Railroad to its intersection with Rhodes Street; thence Easterly along Rhodes Street travelling under the underpass of the Athens Branch of the Georgia Railroad to its intersection with Carlton Avenue; thence along Carlton Avenue in a Northwesterly direction to its intersection with Barnes Street; thence in a Northeasterly direction along Barnes Street to its intersection with the Old Crawfordville Road; thence in a Southeasterly direction along the Old Crawfordville Road to its intersection with the Easterly City Limits of the City of Union Point; thence in a Northerly direction along said Easterly City Limits of the City of Union Point to its intersection with Rhodes Street (Old Georgia Highway #44) (County Road #134) thence proceeding Northeasterly along said Old Georgia Highway #44 to its intersection with Georgia Highway #44; thence in a Easterly and Northeasterly direction along said Georgia Highway #44 to its intersection on the Taliaferro County line at its intersection with Little River; thence proceeding along the Taliaferro and Oglethorpe County lines to its intersection with Georgia Highway #77 (Woodville-Lexington Road) which was the point of beginning for District No. 2. District No. 3: Beginning at the Northeasterly most portion of District No. 3 the same being the point where the Georgia Highway #44 (Union Point-Washington Highway) intersects with Taliaferro County line at Little River; thence running in a Southwesterly direction along Georgia Highway #44 toward Union Point to its intersection with County Road #134 (the Old Georgia Highway #44); thence in a Southwesterly direction along Old Georgia Highway #44 to its intersection with the City Limits of Union Point; thence proceeding along the Easterly City Limits of Union Point in a Southerly direction to its intersection with the Old Crawfordville Road; thence proceeding in a Northwesterly direction along Old Crawfordville Road to its intersection with Barnes Street; thence in a Southwesterly direction along Barnes Street to its intersection with Carlton Avenue; thence in a South easterly direction along Carlton Avenue to its intersection with Rhodes Street; thence crossing under the Athens Branch of the Georgia Railroad along Rhodes Street to its intersection with Georgia Highway #77; thence Southerly along Georgia Highway #77 via the underpass under the main line of the Georgia Railroad to its intersection with U.S. Highway #278; thence proceeding in a Westerly direction along U.S. Highway #278 to its intersection with the City Limits of Union Point; thence leaving U.S. Highway #278 in a Southerly and Westerly and Northerly direction along the City Limits of Union Point to its intersection once again with U.S. Highway #278; thence in a Westerly direction along U.S. Highway #278 to its intersection with the Westerly City Limits of the City of Union Point; thence in a Southerly and Easterly direction along the City Limits of Union Point to its intersection with County Road #111; thence in a Southerly direction along County Road #111 to its intersection with Georgia Highway #77 leading from Union Point to Siloam; thence along Georgia Highway #77 in a Southerly direction to its intersection with the North fork of the Ogeechee River; thence running in a due West direction along the North fork of the Ogeechee River along a line intersecting U.S. Highway #278 just South of Bethel Church; thence running along said U.S. Highway #278 in a Westerly direction to its intersection with the Swimming Pool Road (County Road #150); thence running Northwesterly along the Swimming Pool Road to its inter section with the main line of the Georgia Railroad; thence running in a Southwesterly direction along the main line of the Georgia Railroad to its intersection with East Street; thence running in a Southerly direction along East Street to its intersection with the Northernmost end of Main Street; thence running Westerly along said Main Street to its intersection with an extension of Richland Avenue and across the Main line of the Georgia Railroad; thence running Northwesterly along said Richland Avenue to its inter section with Spring Street; thence running South along Spring Street to its intersection 366 JOURNAL OF THE HOUSE, with Buffalo Street; thence running West along Buffalo Street to its intersection with Georgia Highway #15 (also known as Laurel Avenue); thence running South along Laurel Avenue to its intersection with South Street; thence running Easterly along South Street to its intersection with Walnut Street; thence running South along Walnut Street to its intersection with Bush Street; thence running Easterly along Bush Street to its intersection with Georgia Highway #15; thence running Easterly along Georgia Highway #15 (the Greensboro-Siloam Highway); thence along said Georgia Highway #15 to its intersection with Beaverdam Creek; thence Southerly along the meanderings of Beaverdam Creek to its intersection with Interstate #20; thence Easterly along Inter state #20 to its intersection with County Road #94; thence Northerly along County Road #94 to its intersection with County Road 196 (the Bethany Church Road); thence Easterly along County Road #196 to its intersection with the Taliaferro County line; thence running Northerly along the Taliaferro County line to the intersection of the Taliaferro County line, Georgia Highway #44 (Union Point-Washington Road) and Little River which is the point of beginning. District No. 4: Beginning in the Northeasterly most portion of District No. 4 the same being a point at which the Woodville-Lexington Highway (Georgia Highway #77) enters and intersects Oglethorpe County; thence running in a Southerly direction along said Georgia Highway #77 to its intersection with the City Limits of the town of Woodville; thence proceeding along the Westerly City Limits of the town of Woodville to its intersection with County Road #154; thence in a Southwesterly direction along County Road #154 to its intersec tion with County Road #153 known as the Talmadge Hensley Road; thence in a West erly direction along the Talmadge Hensley Road to its intersection with County Road #2 known as the Shiloh Church Road; thence in a Westerly direction along the Shiloh Church Road to its intersection with the Greensboro-Penfield Road (County Road #192) at Shiloh Church; thence in a Southerly direction along said County Road #192 to its intersection with the Lickskillet Road (County Road #1) thence in a Westerly direction along said Lickskillet Road (unpaved) to its intersection with Georgia Highway #15; thence in a Southerly direction along Georgia Highway #15 to U.S. Highway #278 and crossing U.S. Highway #278 and proceeding along Laurel Avenue to its intersection with South Street; thence in an Easterly direction along South Street to its intersection with Walnut Street; thence in a Southerly direction along Walnut Street to its intersection with First Street; thence in a Westerly direction along First Street to its intersection with East Street; thence in a Southerly direction along East Street to its intersection with Third Steet; thence in a Westerly direction along Third Street to Spring Street and South along Spring Street to its intersection with Fifth Street; thence in a Northeasterly direction along Fifth Street to its intersection with West Street; thence South along West Street to its intersection with Seventh Street; thence East along Seventh Street to its intersection with Georgia Highway #44; thence along Georgia Highway #44 in a Southerly direction crossing the interchange at 1-20 to its intersection with County Road #68 known as the Meadowcrest Road; thence Easterly along the Meadowcrest Road to its intersection with County Road #63 known as the Walker's Church Road; thence Northeasterly along the Walker's Church Road to its intersection with County Road #191 known as the Veazey Road; thence in a Southerly direction along County Road #191 to the intersection of said Veazey Road with Beaverdam Creek; thence in an East erly direction along Beaverdam Creek to its intersection with Bowden Creek; thence along the Northerly branch of Bowden Creek to its intersection with Poulnot Road (County Road #176); thence Southerly along Poulnot Road to its intersection with the Siloam-Veazey Road (County Road #74); thence in an Easterly direction along said Siloam-Veazey Road to its intersection with the Billy Merritt Road (County Road #76); thence in a Southeasterly direction along the Billy Merritt Road to its intersection with Stewart's Creek; thence leaving the Billy Merritt Road and proceeding in a Southerly and Westerly direction along Stewart's Creek to its intersection with County Road #81 the White Plains-Veazey Road; thence Easterly along the White Plains-Veazey Road to its intersection with County Road #56 known as Flat Rock Road; thence South along Flat Rock Road to its intersection with the Liberty Church Road (County Road #191); MONDAY, FEBRUARY 3, 1986 367 thence in a Southerly direction along the said County Road #191 to its intersection with the Flat Rock Church Road (County Road #61); thence Westerly along the Flat Rock Church Road to its intersection with County Road #60; thence Southerly along County Road #60 to its intersection with Georgia Power Company's Lake Oconee; thence along the Southerly shore of Georgia Power Company's Lake Oconee to its intersection with the Hancock County line; thence Westerly along the Hancock County line to the Putnam County line; thence Northerly along the Putnam County line to the Morgan County line; thence Northerly along the Morgan County line to its intersection on the Oconee County line; thence Easterly along the Oconee County line till its intersection with the Oglethorpe County line; thence Southeasterly along the Oglethorpe County line to Highway #77 (Union Point-Lexington Highway) the Point of Beginning of District No. 4. (d) One member shall be elected to the board of education from each district by the electors residing within the district. Each candidate seeking election from a district must reside within the district at the time the candidate qualifies to seek such position. Any member elected to the board from a district shall remain a resident of the district from which he or she was elected. If a member moves his or her residence outside the district from which he or she was elected or if the chairman moves his or her residence outside the county during his or her term of office, the position shall be declared vacant at the next regularly scheduled meeting of the board of education. (e) The chairman and members of the board of education who are in office on Janaury 1, 1986, shall serve for the remainder of their respective terms of office to which they were elected and until succeeded as provided in this section. Such members shall pos sess and have the duty and responsibility of exercising all of the powers given to them by law until so succeeded. At the regularly scheduled primary and general election in August and November, 1986, members shall be nominated and elected from District No. 1 and District No. 3 for terms of office of four years each beginning on January 1, 1987. At the regularly scheduled primary and general election in August and November, 1986, the mem bers shall be nominated and elected from District No. 2 and District No. 4 for terms of office of two years each beginning on January 1, 1987. At the regularly scheduled primary and general election in August and November, 1988, the chairman shall be nominated and elected from the county at large for a term of office of four years beginning on January 1, 1989. Following the initial terms of office of the chairman and members provided herein, the term of office of the chairman and each member of the board shall be for four years and until their respective successors are duly elected and qualified. Such terms of office shall begin on January 1 following the date of the election. (f) All elections shall be governed by the general laws of this state and the majority vote requirements of Code Section 21-5-201 of the Official Code of Georgia Annotated shall apply to all elections under this section. (g) Vacancies in the office of chairman of the board or in the office of any member of the board shall be filled as provided in this subsection. (1) If there are less than two years remaining in the term of the person whose position is vacant, the remaining members of the board shall appoint a duly qualified person to fill such vacancy within 60 days after the vacancy occurs and the person so appointed shall serve for the remainder of the unexpired term of office. (2) If there are two or more years remaining in the term of the person whose posi tion is vacant, the remaining members of the board shall appoint a duly qualified person to fill such vacancy within 60 days after the vacancy occurs, and the person so appointed shall serve until a person is elected as provided in subparagraph (A) or (B) of this paragraph to fill such position and such person assumes office. (A) If such a vacancy occurs prior to the opening of qualifying for the regularly scheduled primary and general election next following the vacancy, a successor to such appointed member shall be nominated and elected at such primary and general election in the same manner as members are regularly nominated and elected. The person so elected to fill the vacancy shall take office on January 1 following the election for the remainder of the unexpired term of office. (B) If such a vacancy occurs after the opening of qualifying for the regularly scheduled primary and general election next following the vacancy, a successor to 368 JOURNAL OF THE HOUSE, such appointed member shall be elected in a special election to be called and con ducted by the election superintendent of Greene County pursuant to the general laws of the State of Georgia. The cost of such special election shall be borne by Greene County. Any person elected in any such special election shall take office on January 1 following the special election or as soon thereafter as possible and shall serve for the remainder of the unexpired term of office. (3) In any regular or special election to fill a vacancy in the office of chairman, the electors of the entire county may vote. In any regular or special election to fill a vacancy in the office of a member from a district, only the electors residing in such district may vote. Section 3. That constitutional amendment providing for the election of members of the board of education of Greene County (Resolution Act No. 157; House Resolution No. 475-1186; Ga. L. 1964, p. 969) which was continued in force and effect by an Act approved March 27, 1985 (Ga. L. 1985, p. 4248), is repealed in its entirety. Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1491. By Representative Pettit of the 19th: A bill to amend an Act incorporating the City of Emerson, so as to repeal the current provisions of said Act which provide for a police court and estab lish a mayor's court in lieu thereof. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1492. By Representative Pettit of the 19th: A bill to amend an Act incorporating the City of White, so as to change the provisions relating to the appointment and qualifications of the judge of the mayor's court; to repeal the provisions relating to the right of appeal to the Superior Court of Bartow County; to provide for the right of certiorari and the writ of certiorari. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1494. By Representative Oliver of the 121st: A bill to amend an Act providing for elections of members of the board of education of Tattnall County, so as to change the compensation of the chair man and the members of the board. MONDAY, FEBRUARY 3, 1986 369 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1497. By Representatives Smith of the 78th and Dunn of the 73rd: A bill to provide for the collection of additional costs in cases before the Magistrate Court of Henry County as law library fees. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1502. By Representative Bray of the 91st: A bill to amend an Act placing the sheriff of Talbot County on an annual salary, so as to provide for and change the provisions relating to full-time and part-time deputies and their compensation. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1509. By Representatives Byrd of the 153rd, Moody of the 153rd and Phillips of the 120th: A bill to amend an Act incorporating the City of Lyons, so as to provide for appeals from the recorder's court. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1510. By Representative Royal of the 144th: A bill to provide that the successor to the county school superintendent of Mitchell County shall be appointed by vote of the board of education to serve at the pleasure of the board. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 370 JOURNAL OF THE HOUSE, HB 1511. By Representative Stancil of the 66th: A bill to provide that there shall be no office of treasurer of Oconee County; to provide that the governing authority of Oconee County shall be authorized to select a person to perform the duties of treasurer; to repeal an Act provid ing for the abolition of the office of treasurer of Oconee County and provid ing for the probate judge to perform the duties of the office of treasurer. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1512. By Representative Stancil of the 66th: A bill to amend an Act known as the "Oconee County Public Utility Author ity Act," so as to change the name of the Oconee County Public Utility Authority to the "Oconee Utility Authority"; to change the short title of said Act to reflect the change in the name of the Authority; to change the method of selecting future members of the Authority. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1514. By Representative Dixon of the 151st: A bill to amend an Act establishing a system of public schools for the City of Waycross, so as to remove from the board as an ex officio member the mayor (now city manager) of the City of Waycross. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1515. By Representative Dixon of the 151st: A bill to amend an Act providing and establishing a new charter for the City of Waycross, so as to remove the city manager as an ex officio member of the Board of Education of the City of Waycross. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1516. By Representatives Hays of the 1st and Crawford of the 5th: A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer. MONDAY, FEBRUARY 3, 1986 371 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1517. By Representatives Hays of the 1st and Crawford of the 5th: A bill to amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1518. By Representatives Hays of the 1st and Crawford of the 5th: A bill to amend an Act creating the State Court of Walker County, so as to change the provisions relative to the judge of said court and the compen sation and expense allowance of said judge; to change the provisions relative to the compensation and expense allowance of the solicitor of said court. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1519. By Representatives Hays of the 1st and Crawford of the 5th: A bill to amend an Act placing the coroner of Walker County on an annual salary, so as to change the provisions relating to the compensation of the cor oner. The report of the Committee, which was favorable to the passage of the Bill, was 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 174. By Senators Peevy of the 48th and Howard of the 42nd: A bill to amend Code Section 47-8-67 of the Official Code of Georgia Anno tated, relating to survivors benefits under the Superior Court Judges Retire ment Fund of Georgia (Emeritus), so as to provide that when the 372 JOURNAL OF THE HOUSE, compensation of senior judges is increased, there shall be a corresponding increase in the benefits of surviving spouses. SB 206. By Senator Garner of the 30th: A bill to amend Code Section 47-3-85 of the O.C.G.A., relating to credit under the Teachers Retirement System of Georgia for service rendered by former members of the Employees' Retirement System of Georgia who withdrew employee contributions from said retirement system, so as to change the provisions relating to the number of times contributions may be withdrawn from the Employees' Retirement System of Georgia. SB 302. By Senator Kidd of the 25th: A bill to amend Code Section 43-9-7 of the Official Code of Georgia Anno tated, relating to qualifications of applicants for license to practice chiro practic, so as to authorize the Georgia Board of Chiropractic Examiners to promulgate rules and regulations with respect to certain education require ments. SB 315. By Senator Barnes of the 33rd: A bill to amend Code Section 9-11-41 of the Official Code of Georgia Anno tated, relating to dismissal of civil actions, so as to provide that if a plaintiff fails to pay costs prior to renewing a previously dismissed action then the plaintiff shall upon motion be ordered to pay double costs in such action; to provide that if such double costs are not so paid then the renewed action shall be dismissed with prejudice. SB 329. By Senators Peevy of the 48th and Allgood of the 22nd: A bill to amend Chapter 36 of Title 43 of the Official Code of Georgia Anno tated, relating to polygraph examiners, so as to provide that it shall be unlawful for any person to measure or attempt to measure stressful physiological responses which purport to detect deception or verify truth of statement through the use of a psychological stress evaluator, a voice stress analyzer, or any such similar instrument which measures and records only one physiological reaction to emotion. SB 334. By Senator Deal of the 49th: A bill to amend Part 1 of Article 4 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds for good behavior, so as to change provisions relating to the terms of and duration of bonds; to change provisions relating to release on bond; to provide for the court to which bonds shall be returnable; to provide contempt proceedings for violation of bonds. SB 347. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th: A bill to amend Code Section 45-3-1 of the Official Code of Georgia Anno tated, relating to oaths required of public officers, so as to provide that every public officer shall swear that he is not the holder of any office of trust under the government of the United States, any other state, or any foreign state which he is by the laws of the State of Georgia prohibited from holding. SB 356. By Senator Barnes of the 33rd: MONDAY, FEBRUARY 3, 1986 373 A bill to amend Chapter 10 of Title 3 of the Official Code of Georgia Anno tated, relating to regulation of distilled spirits in dry counties and municipal ities, so as to provide that vehicles, conveyances, boats, and vessels which are used in the unlawful transportation or storing of distilled spirits shall be subject to seizure and condemnation in counties and municipalities wherein the sale of distilled spirits is lawful. SB 374. By Senators Peevy of the 48th and Deal of the 49th: A bill to amend Article 3 of Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in state courts, so as to provide that in any case where the sentencing judge orders a presentence investigation, the defendant and the defendant's attorney shall be provided with a copy of the presentence report not less than three days prior to the sentencing of such defendant. SB 387. By Senator Brannon of the 51st: A bill to amend Article 1 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning dead bodies, so as to require certain notification to persons who handle the disposition of dead bodies in cases where a dead person had been diagnosed as having an infectious or communicable disease at the time of death. SB 319. By Senator Allgood of the 22nd: A bill to amend Code Section 14-2-117 of the Official Code of Georgia Anno tated, relating to voting of shares in business corporations, so as to provide for mandatory cumulative voting of shares in certain close corporations. SB 342. By Senator Timmons of the llth: A bill to amend Article 3 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to membership in and contributions to the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the provisions relating to the time for making certain payments to the fund. SB 425. By Senator Foster of the 50th: A bill to amend an Act revising the charter and reincorporating the City of Hiawassee in the County of Towns, approved March 22, 1974 (Ga. L. 1974, p. 3180), as amended, so as to change the provisions relating to the corporate limits of said city. HB 338. By Representatives Lawler of the 20th, Cummings of the 17th and Clark of the 13th: A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to the Teachers Retirement System of Georgia, so as to change the minimum retirement allowance paid to beneficiaries; to change the provisions relating to the application of cost-of-living benefit increases to persons who retired under local retirement or pension systems so as to apply such provisions to the surviving spouse under certain conditions. HB 355. By Representative Murphy of the 18th: A bill to amend Code Section 47-9-70 of the Official Code of Georgia Anno tated, relating to retirement benefits, disability benefits, spouses benefits, 374 JOURNAL OF THE HOUSE, and age of retirement under the Superior Court Judges Retirement System, so as to change the provisions relating to retirement after reaching a certain HB 379. By Representatives Lawler of the 20th and Burruss of the 20th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the incumbency of a candidate seeking election for the public office he then holds shall be indicated on ballots and ballot labels in elections generally, special elections, municipal elections, nonpartisan municipal primaries, and special elections in municipalities. HB 1171. By Representatives Reaves of the 147th and Selman of the 32nd: A bill to amend Code Section 26-2-38 of the Official Code of Georgia Anno tated, relating to detention or embargo of adulterated or misbranded food, so as to change the provisions relating to affixing tags or markings to food which is suspected of being misbranded; to change the requirements of the misbranding of food. HB 1172. By Representative Reaves of the 147th: A bill to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to the pre vention and control of infectious or contagious diseases in livestock, so as to define the term "livestock"; to provide for the enforcement of Chapter 4 of Title 4; to vest the Commissioner of Agriculture with police powers. The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House: HB 175. By Representative Richardson of the 52nd: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, 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. HB 1237. By Representatives Floyd of the 154th and Chance of the 129th: A bill to create the board of education of the Liberty County School District; to provide for a seven-member board of education consisting of one countywide district from which the chairman shall be elected and six single-member districts from which the other six members shall be severally elected. The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House: HB 345. By Representatives Thompson of the 20th and Cooper of the 20th: A bill to amend Code Section 20-2-850 of the Official Code of Georgia Anno tated, relating to sick and annual leave for teachers and other personnel, so as to provide that accumulated sick and annual leave shall not be forfeited for a certain break in service if the break in service is to seek a higher or different level of certification. MONDAY, FEBRUARY 3, 1986 375 The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate: SR 285. By Senators Phillips of the 9th, Brantley of the 56th and Tolleson of the 32nd: A resolution requesting the State Revenue Commissioner to make a recom mendation to the Governor and the General Assembly to achieve the coordi nation of state income tax returns with federal income tax returns. By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees: SB 174. By Senators Peevy of the 48th and Howard of the 42nd: A bill to amend Code Section 47-8-67 of the Official Code of Georgia Anno tated, relating to survivors benefits under the Superior Court Judges Retire ment Fund of Georgia (Emeritus), so as to provide that when the compensation of senior judges is increased, there shall be a corresponding increase in the benefits of surviving spouses. Referred to the Committee on Retirement. SB 206. By Senator Garner of the 30th: A bill to amend Code Section 47-3-85 of the O.C.G.A., relating to credit under the Teachers Retirement System of Georgia for service rendered by former members of the Employees' Retirement System of Georgia who withdrew employee contributions from said retirement system, so as to change the provisions relating to the number of times contributions may be withdrawn from the Employees' Retirement System of Georgia. Referred to the Committee on Retirement. SB 302. By Senator Kidd of the 25th: A bill to amend Code Section 43-9-7 of the Official Code of Georgia Anno tated, relating to qualifications of applicants for license to practice chiro practic, so as to authorize the Georgia Board of Chiropractic Examiners to promulgate rules and regulations with respect to certain education require ments. By unanimous consent, SB 302 was ordered engrossed. Referred to the Committee on Health & Ecology. SB 315. By Senator Barnes of the 33rd: A bill to amend Code Section 9-11-41 of the Official Code of Georgia Anno tated, relating to dismissal of civil actions, so as to provide that if a plaintiff fails to pay costs prior to renewing a previously dismissed action then the plaintiff shall upon motion be ordered to pay double costs in such action; to provide that if such double costs are not so paid then the renewed action shall be dismissed with prejudice. Referred to the Committee on Judiciary. 376 JOURNAL OF THE HOUSE, SB 319. By Senator Allgood of the 22nd: A bill to amend Code Section 14-2-117 of the Official Code of Georgia Anno tated, relating to voting of shares in business corporations, so as to provide for mandatory cumulative voting of shares in certain close corporations. Referred to the Committee on Judiciary. SB 329. By Senators Peevy of the 48th and Allgood of the 22nd: A bill to amend Chapter 36 of Title 43 of the Official Code of Georgia Anno tated, relating to polygraph examiners, so as to provide that it shall be unlawful for any person to measure or attempt to measure stressful physiological responses which purport to detect deception or verify truth of statement through the use of a psychological stress evaluator, a voice stress analyzer, or any such similar instrument which measures and records only one physiological reaction to emotion. Referred to the Committee on Public Safety. SB 334. By Senator Deal of the 49th: A bill to amend Part 1 of Article 4 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds for good behavior, so as to change provisions relating to the terms of and duration of bonds; to change provisions relating to release on bond; to provide for the court to which bonds shall be returnable; to provide contempt proceedings for violation of bonds. Referred to the Committee on Judiciary. SB 342. By Senator Timmons of the llth: A bill to amend Article 3 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to membership in and contributions to the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the provisions relating to the time for making certain payments to the fund. Referred to the Committee on Retirement. SB 347. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th: A bill to amend Code Section 45-3-1 of the Official Code of Georgia Anno tated, relating to oaths required of public officers, so as to provide that every public officer shall swear that he is not the holder of any office of trust under the government of the United States, any other state, or any foreign state which he is by the laws of the State of Georgia prohibited from holding. Referred to the Committee on State of Republic. SB 356. By Senator Barnes of the 33rd: A bill to amend Chapter 10 of Title 3 of the Official Code of Georgia Anno tated, relating to regulation of distilled spirits in dry counties and municipal ities, so as to provide that vehicles, conveyances, boats, and vessels which are used in the unlawful transportation or storing of distilled spirits shall be subject to seizure and condemnation in counties and municipalities wherein the sale of distilled spirits is lawful. Referred to the Committee on Regulated Beverages. MONDAY, FEBRUARY 3, 1986 377 SB 374. By Senators Peevy of the 48th and Deal of the 49th: A bill to amend Article 3 of Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in state courts, so as to provide that in any case where the sentencing judge orders a presentence investigation, the defendant and the defendant's attorney shall be provided with a copy of the presentence report not less than three days prior to the sentencing of such defendant. Referred to the Committee on Judiciary. SB 387. By Senator Brannon of the 51st: A bill to amend Article 1 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning dead bodies, so as to require certain notification to persons who handle the disposition of dead bodies in cases where a dead person had been diagnosed as having an infectious or communicable disease at the time of death. Referred to the Committee on Health & Ecology. SB 425. By Senator Foster of the 50th: A bill to amend an Act revising the charter and reincorporating the City of Hiawassee in the County of Towns, approved March 22, 1974 (Ga. L. 1974, p. 3180), as amended, so as to change the provisions relating to the corporate limits of said city. Referred to the Committee on State Planning & Community Affairs - Local. SR 285. By Senators Phillips of the 9th, Brantley of the 56th and Tolleson of the 32nd: A resolution requesting the State Revenue Commissioner to make a recom mendation to the Governor and the General Assembly to achieve the coordi nation of state income tax returns with federal income tax returns. Referred to the Committee on Ways & Means. Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 1359. By Representative Lee of the 72nd: A bill to amend Code Section 43-21-51 of the Official Code of Georgia Anno tated, relating to applications for persons operating roadhouses, public dance halls, or any other similar establishments by whatever name called and inspections by the Department of Human Resources and county health authorities, so as to provide that such establishments shall not be subject to inspection by the Department of Human Resources. 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 Athon Y Atkins Y Auten Bailey Y Balkcom Y Bannister Bargeron Y Barnett.B Y Barnett,M Y Beck Y Benefield Benn Y Birdsong Bishop Bolster Y Bostick Y Branch 378 JOURNAL OF THE HOUSE, YBray Y Brooks Brown,G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Cheeks Y Childera Y Childs Y Clark.B Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Copelan Y Couch Cox Y Crawford Crosby Y Cummings Daugherty Davis Dean Y Dixon Dobbs Y Dover Dunn Edwards Felton Floyd Y Foster YGaler Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Y Manner Y Harris 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 Johnaon,R Y Johnson.S Y Kilgore Y Kingston Lane.D Lane.R Y Lawler Lawrence Y Lawson YLee,C YLee.W Y Linder YLogan YLong YLord Lucas Y Lupton Maddoi Y Mangum Martin.C Martin.J Matthews Y McDonald Y McKelvey McKinney Milam Y Milford Y Moody Y Moore Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Patten Y Peters Y Pettit Phillips Y Pinkston Porter YRainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y 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 On the passage of the Bill, the ayes were 131, nays 0. The Bill, having received the requisite constitutional majority, was Y Smith,P Y Smith,T Smyre 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 YWare Y Watson Y Watts Y White Wilder Y Williams,B Williams.J Y Williams,R Y Wilson YWood Y Workman Y Yeargin Y Young Murphy,Spkr Due to mechanical malfunction, the vote of Representative Bailey of the 72nd was not recorded on the preceding roll call. He wished to vote "aye" thereon. HB 1293. By Representatives Isakson of the 21st, Adams of the 36th, Robinson of the 58th, Bailey of the 72nd, Barnett of the 59th and others: A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to metropolitan area planning and development commissions, so as to authorize the commission to be the contracting and coordinating agent for the governing bodies of political subdivisions in the metropolitan area with regard to certain regional public projects and to pro vide for conditions and procedures relating thereto. The following Committee substitute was read: A BILL To amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to metropolitan area planning and development commissions, so as to authorize the commission to be the contracting and coordinating agent for the governing bodies of political subdivisions in the metropolitan area with regard to certain regional public projects and to provide for conditions and procedures relating thereto; to prohibit the commission's incurring debt relating thereto or exercising taxing power but to author ize financing, credit, and debt arrangements by the commission on behalf of political sub divisions subject to statutory and constitutional limitations; to change the amounts due for the commission's operating expenses from the political subdivisions in the metropolitan area; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to metropolitan area planning and development commissions, is amended MONDAY, FEBRUARY 3, 1986 379 by adding immediately following Code Section 50-8-99 a new Code section to read as fol lows: "50-8-99.1. (a) For purposes of this Code section, the term 'participating affected local government' means the governing body of a political subdivision which is or will be affected by a regional public project and which agrees to authorize the commission to act on its behalf as described in this Code section. (b) In order to more efficiently coordinate and manage the planning, development, implementation, construction, management, and operation of public projects which are regional, rather than purely local, in nature, the commission is authorized pursuant to this Code section to act as the contracting and coordinating agent for the participating affected local governments. (c) Upon receiving written approval from each participating affected local govern ment, the commission is authorized to act as the sponsor and coordinator of regional public projects. Upon receipt of such approval, the commission shall be authorized to enter into agreements with third parties as agent on behalf of the participating affected local governments. All agreements with third parties related to the planning, develop ment, implementation, construction, management, or operation of the project shall be between the commission as agent for the participating affected local governments and such third parties. Upon contracting with third parties as the project sponsor, the commission shall then enter into subcontracts with the participating affected local governments in order to allocate appropriately the costs and benefits associated with the project, establish obligations and responsibilities of each of the participating affected local governments in connection therewith, delineate the relationships among the parties, and address any other matters which may be necessary or convenient in order to assure the successful completion and operation of the project. (d) The commission shall not have the power to tax or to incur long-term indebted ness in connection with its authority under this Code section. The commission may make arrangements for the financing of any project described in this Code section if authorized by the participating affected local governments and if any resulting debt thereby created is authorized pursuant to the laws and Constitution of this state. Any such financing or credit shall be extended directly to the participating affected local governments, which shall assume all responsibility to repay same." Section 2. Said article is further amended by striking paragraphs (1), (2), and (3), of subsection (b) of Code Section 50-8-101, regarding provision of operating expenses for the commission, which read as follows: "(1) Counties which have no portion of the most populous municipality within their boundary shall provide 30$ for each person residing in the county plus $2,000.00; (2) Counties which have some portion of the most populous municipality within their boundary shall provide 30it for each person residing in the county outside the most populous municipality plus 12 $ 339,943 Total 93 ! 11,715,924 Section 22. Grants to Counties and Municipalities. Budget Unit: Grants to Counties and Municipalities................................ Grants to Counties................................... Grants to Municipalities. Total Funds Budgeted.... State Funds Budgeted..... Section 23. Department of Human Resources. A. Budget Unit: Departmental Operations ..................................... State Funds ! 2,200,588 ! 1,650,429 $ 271,460 ! 152,292 $ 448,894 ! 339,943 ! 5,063,606 ..! 6.800,000 ..! 2,600,000 ..! 4.200,000 ..$ 6,800,000 ..$ 6,800,000 ..$ 307,980,655 504 JOURNAL OF THE HOUSE, 1. General Administration and Support Budget: Personal Services..................................................................................................! 30,208,228 Regular Operating Expenses ................................................................................$ 1,236,555 Travel..........................................................................................................................$ 908,137 Capital Outlay.............................................................................................................! 70,000 Publications and Printing........................................................................................$ 190,780 Equipment Purchases...............................................................................................$ 204,530 Computer Charges .................................................................................................$ 2,524,175 Real Estate Rentals ...............................................................................................$ 3,581,614 Telecommunications .................................................................................................$ 621,701 Per Diem, Fees and Contracts .............................................................................$ 9,900,231 Utilities .......................................................................................................................$ 180,100 Postage........................................................................................................................$ 663,580 Menninger Group Homes ........................................................................................$ 387,000 Benefits for Child Care .........................................................................................$ 1,349,160 Contract - Georgia Advocacy Program ................................................................................................$ 215,000 Total Funds Budgeted ........................................................................................$ 52,240,791 Indirect DOAS Services Funding ...........................................................................$ 638,300 Agency Funds .......................................................................................................$ 26,955,849 Social Services Block Grant Funds ............................................................................................$ 1,655,800 State Funds Budgeted.........................................................................................! 22,990,842 Total Positions Budgeted 982 Authorized Motor Vehicles 107 General Administration and Support Functional Budgets Pos. Total Funds State Funds Commissioner's Office 14 $ 698,574 $ 698,574 Administrative Appeals 25 $ 923,207 $ 923,207 Administrative Policy, Coordination, and Direction 5 244,535 244,535 Personnel 47 5,451,771 5,388,593 Support Services 59 2,594,138 2,327,866 Public Affairs Indirect Cost 12 381,328 381,328 0 -0- (5,405,300) Facilities Managements 11 4,008,002 2,868,555 Community/ Intergovernmental Affairs 9 433,569 433,569 Budget Administration 41 1,460,063 1,460,063 Financial Services 148 4,182,546 3,982,546 Auditing Services 47 1,620,838 1,620,838 Special Projects 0 284,600 284,600 Children and Youth Planning 184,046 184,046 WEDNESDAY, FEBRUARY 5, 1986 505 Troubled Children Benefits $ 1,736,160 $ 1,736,160 Developmental Disabilities $ 249,049 Council on Maternal and Infant Health $ 110,448 110,448 Council on Family Planning Community Services 0 $ 13,500 1,350 9 $ 9,214,493 -0- Regulatory Services Program Direction and Support 18 $ 643,543 569,567 Child Care Licensing 58 $ 1,771,162 1,754,719 Laboratory Improvement 18 $ 649,279 475,873 Health Care Facilities Regulation 64 $ 2,319,260 613,311 Compliance Monitoring 9 $ 311,235 311,235 Radiological Health 21 $ 626,164 465,999 Fraud and Abuse 52 $ 2,640,916 245,513 Child Support Recovery 301 $ 9,488,365 1,313,647 Undistributed 0 $ -0- -0; Total 982 $ 52,240,791 22,990,842 2. Public Health Budget: Personal Services..................................................................................................! 32,143,852 Regular Operating Expenses ..............................................................................$ 44,797,596 Travel..........................................................................................................................$ 965,615 Motor Vehicle Equipment Purchases.................................................................................................................^ 10,000 Publications and Printing........................................................................................$ 298,575 Equipment Purchases...............................................................................................$ 190,398 Computer Charges ....................................................................................................$ 369,200 Real Estate Rentals ..................................................................................................$ 605,449 Telecommunications .................................................................................................$ 563,863 Per Diem, Fees and Contracts...........................................................................$ 14,155,351 Utilities...............................................................................................................................? -0Postage..........................................................................................................................$ 86,375 Children's Medical Services Clinics .....................................................................................................................$ 517,572 Grants for Regional Intensive Infant Care.........................................................................................$ 3,762,711 Grants for Regional Maternal and Infant Care.................................................................................$ 1,767,000 Midwifery Program Benefits ...................................................................................$ 700,000 Children's Medical Services Benefits................................................................................................................! 4,585,688 Kidney Disease Benefits ..........................................................................................$ 505,000 Cancer Control Benefits........................................................................................! 2,253,000 506 JOURNAL OF THE HOUSE, Contract for the Purchase of Clotting Factor for the Hemophilia Program ............................................................................................$ 180,000 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 ...................................................................................$ 43,979,754 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 ......................................................................................$ 161,801,029 Indirect DOAS Services Funding ...........................................................................$ 549,718 Agency Funds .......................................................................................................$ 73,811,674 State Funds Budgeted.........................................................................................! 87,439,637 Total Positions Budgeted 1,106 Authorized Motor Vehicles 6 Public Health Functional Budgets Pos. Total Funds State Funds Director's Office 8 $ 665,328 $ 468,103 Employee's Health 8 $ 295,547 $ 260,547 Health Program Management 29 $ 873,254 $ 788,254 Vital Records 62 $ 1,386,175 $ 1,323,892 Health Services Research 12 $ 559,532 $ 336,714 Primary Health Care 15 $ 620,148 $ 620,148 Stroke and Heart Attack Prevention 23 $ 1,640,611 $ 1,110,611 Epidemiology 19 $ 1,188,919 $ 612,143 Immunization 10 $ 412,514 $ -0- Sexually Transmitted Diseases 33 $ 1,438,920 369,226 Community Tuberculosis Center 26 1,267,367 1,145,037 Family Health Management 22 7,107,569 1,928,505 WEDNESDAY, FEBRUARY 5, 1986 507 Infant and Child Health 15 $ 6,359,247 6,229,732 Maternal Health Perinatal 4 $ 224,948 -0- Family Planning Malnutrition 180 $ 8,225,740 34 $ 48,813,625 3,311,589 -0- Dental Health 21 $ 1,414,371 1,204,196 Community Health Management 8 ! 1,202,658 646,112 Children's Medical Services 84 $ 8,197,829 5,425,214 Chronic Disease 14 $ 1,335,260 1,335,260 Diabetes 4 $ 455,502 361,671 Cancer Control 8 $ 3,105,780 3,105,780 Environmental Health 9 $ 903,496 364,724 Laboratory Services 118 $ 3,857,118 3,722,118 Emergency Health 22 $ 2,301,967 1,241,467 Minimum Foundation 192 $ 8,244,990 8,115,315 Newborn Follow Up Care 22 $ 648,279 465,329 Sickle Cell, Vision and Hearing 15 $ 1,063,797 $ 1,063,797 High-Risk Pregnant Women and Infants 19 5,270,755 $ 5,270,755 Grant in Aid to Counties 0 40,391,279 $ 35,493,324 Teenage Pregnancy Prevention 0 257,500 $ 257,500 Community Care 70 2,071,004 $ 862,574 Undistributed __0 -0; $ -Q-: Total 1,106 161,801,029 $ 87,439,637 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............................................................................! -0Publications and Printing..........................................................................................! 61,300 Equipment Purchases...................................................................................................! 8,500 Computer Charges.................................................................................................! 1,372,193 Real Estate Rentals..........................................................................................................! -0Telecommunications.................................................................................................! 249,000 Per Diem, Fees and Contracts................................................................................! 210,150 Utilities...............................................................................................................................! -0Postage...............................................................................................................................$ 750 508 JOURNAL OF THE HOUSE, Contract with Housing Alternatives ..............................................................................................$ 70,000 Total Funds Budgeted ..........................................................................................$ 6,812,922 Social Services Block Grant Funds..........................................................................? 15,000 Indirect DOAS Services Funding ...........................................................................$ 779,100 Agency Funds............................................................................................................$ 462,316 State Funds Budgeted...........................................................................................! 5,556,506 Total Positions Budgeted 127 Mental Health - Program Direction and Support Functional Budgets Pos. Total Funds State Funds Administration 126 $ 6,770,196 $ 5,809,320 Mental Health/Mental Retardation Advisor 1 $ 42,726 $ 42,726 Indirect Cost _0 $ ^ $ (295,540) Total 127 $ 6,812,922 $ 5,556,506 4. Youth Services - Program Direction and Support: Personal Services....................................................................................................! 1,386,545 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 ....................................................................................................$ ;0- Total Funds Budgeted..........................................................................................? 1,575,627 Indirect DOAS Services Funding...................................................................................? -0- Agency Funds ....................................................................................................................$ -0- State Funds Budgeted...........................................................................................? 1,575,627 Total Positions Budgeted 39 Authorized Motor Vehicles 0 5. Services to the Aged Budget: Personal Services....................................................................................................? 1,973,651 Regular Operating Expenses .....................................................................................$ 46,980 Travel............................................................................................................................? 56,300 Publications and Printing..........................................................................................? 27,000 Equipment Purchases...................................................................................................? 2,860 Computer Charges....................................................................................................? 210,000 Real Estate Rentals......................................................................................................? 3,600 Telecommunications...................................................................................................? 52,641 Per Diem, Fees and Contracts...........................................................................? 23,204,428 Utilities...............................................................................................................................? -0Payments to DMA.................................................................................................? 4,782,801 Postage...............................................................................................................................? 920 Total Funds Budgeted ........................................................................................$ 30,361,181 WEDNESDAY, FEBRUARY 5, 1986 509 Social Services Block Grant Funds ............................................................................................$ 2,998,100 Agency Funds .......................................................................................................$ 18,319,711 State Funds Budgeted...........................................................................................! 9,043,370 Total Positions Budgeted 64 Authorized Motor Vehicles 224 Services to the Aged Functional Budgets Pos. Total Funds State Funds Administration and Planning 64 $ 2,802,737 $ 1,528,817 Aging Services 0 $ 22,775,643 $ 2,731,752 Community Care Benefits 0 $ 4,782,801 $ 4,782,801 Undistributed _0 $ ^ $ -0- Total 64 $ 30,361,181 $ 9,043,370 6. Rehabilitation Services Budget: Personal Services..................................................................................................* 24,145,140 Regular Operating Expenses ................................................................................$ 1,179,992 Travel..........................................................................................................................$ 615,090 Motor Vehicle Equipment Purchases..................................................................................................................! 65,736 Publications and Printing..........................................................................................! 85,310 Equipment Purchases...............................................................................................! 414,153 Computer Charges....................................................................................................! 926,350 Real Estate Rentals...............................................................................................! 1,006,495 Telecommunications.................................................................................................! 595,189 Per Diem, Fees and Contracts.............................................................................! 1,421,675 Utilities.......................................................................................................................! 303,250 Postage..........................................................................................................................! 92,050 Grants for Nephrology Centers...............................................................................! 245,000 Contract with Vocational Rehabilitation Community Facilities..............................................................................................................! 4,249,000 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. ............................................................................................$ 146,000 Capital Outlay...........................................................................................................! 175,000 Institutional Repairs and Maintenance...........................................................................................................! 349,900 Total Funds Budgeted ........................................................................................$ 45,729,830 Indirect DOAS Services Funding.............................................................................! 50,000 Agency Funds.......................................................................................................! 32,039,625 State Funds Budgeted.........................................................................................! 13,640,205 Total Positions Budgeted 809 Authorized Motor Vehicles 26 510 JOURNAL OF THE HOUSE, Rehabilitation Services Functional Budgets Pos. Total Funds State Funds Program Direction and Support 50 I 3,083,225 ? 1,273,414 Grants Management 2 5 561,381 ? 464,377 Atlanta Rehabilitation Center 71 $ 2,318,039 ? 467,033 Rome Rehabilitation Center $ 330,612 ? 66,420 Rehabilitation Center for the Deaf - Cave Spring 17 $ 578,308 ? 116,289 Central Rehabilitation Center 18 $ 600,717 $ 120,143 Georgia Vocational Adjustment Center Gracewood 17 $ 416,752 ? 83,350 Ireland Rehabilitation Center 13 $ 380,128 ? 76,590 Diversified Industries of Georgia 1 $ 1,055,031 ? -0- J. F. Kennedy Center 15 $ 407,750 ? 81,310 District Field Services 577 $ 30,297,340 $ 5,992,467 Independent Living 7 $ 297,592 ? 147,592 Sheltered Employment 15 $ 1,153,955 ? 502,220 Community Facilities 0 $ 3,911,500 $ 3,911,500 Bobby Dodd Workshop 0 $ 337,500 $ 337,500 Undistributed 0 I -0; Total 809 $ 45,729,830 ? 13,640,205 7. Roosevelt Warm Springs Rehabilitation Institute: Personal Services..................................................................................................! 10,122,076 Regular Operating Expenses................................................................................? 1,713,090 Travel............................................................................................................................$ 47,000 Motor Vehicle Equipment Purchases..................................................................................................................! 13,500 Publications and Printing..........................................................................................! 15,000 Equipment Purchases.................................................................................................? 35,480 Computer Charges......................................................................................................? 61,000 Real Estate Rentals..........................................................................................................? -0Telecommunications .................................................................................................$ 163,885 Per Diem, Fees and Contracts.............................................................................? 1,263,000 Utilities.......................................................................................................................? 550,000 Postage..........................................................................................................................? 14,300 Case Services...............................................................................................................? 25,000 WEDNESDAY, FEBRUARY 5, 1986 511 Institutional Repairs and Maintenance...................................................................................................$ 152,000 Operations..........................................................................................................................! -0- Total Funds Budgeted ........................................................................................$ 14,175,331 Indirect DOAS Services Funding.............................................................................! 50,000 Agency Funds .......................................................................................................$ 10,134,502 State Funds Budgeted...........................................................................................! 3,990,829 Total Positions Budgeted 434 Authorized Motor Vehicles 24 Roosevelt Warm Springs Rehabilitation Institute Functional Budgets Pos. Total Funds State Funds Administration 145 $ 5,577,730 $ 2,544,296 Rehabilitation Services 289 $ 8,597,601 $ 1,446,533 Undistributed _0 $ -0^ $ -0- Total 434 $ 14,175,331 $ 3,990,829 8. Georgia Factory for the Blind Budget: Personal Services....................................................................................................! 4,122,884 Regular Operating Expenses ................................................................................! 7,710,870 Travel............................................................................................................................$ 16,500 Motor Vehicle Equipment Purchases.............................................................................................! 82,000 Publications and Printing............................................................................................! 8,500 Equipment Purchases...............................................................................................! 318,500 Computer Charges......................................................................................................! 66,900 Real Estate Rentals....................................................................................................! 61,500 Telecommunications...................................................................................................! 28,353 Per Diem, Fees and Contracts..................................................................................! 44,200 Utilities.......................................................................................................................! 125,000 Postage............................................................................................................................! 6,000 Capital Outlay...................................................................................................................! ^ Total Funds Budgeted ........................................................................................$ 12,591,207 Agency Funds.......................................................................................................! 12,091,247 State Funds Budgeted..............................................................................................! 499,960 Total Positions Budgeted 30 Authorized Motor Vehicles 14 Georgia Factory for the Blind Functional Budgets Pos. Total Funds State Funds Operations 12 ! 12,091,247 ! -0- Supervision 18 ! 499,960 ! 499,960 Undistributed _0 $ ^ ! ^ Total 30 ! 12,591,207 ! 499,960 9. Rehabilitation Services Disability Adjudication Budget: Personal Services..................................................................................................! 11,318,806 Regular Operating Expenses ...................................................................................$ 362,878 512 JOURNAL OF THE HOUSE, 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 ........................................................................................$ 25,734,950 Agency Funds.......................................................................................................! 25,734,950 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 425 10. Family and Children Services Budget: Personal Services..................................................................................................! 11,156,152 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...............................................................................................! 10,724,605 Real Estate Rentals ..................................................................................................$ 202,350 Per Diem, Fees and Contracts...........................................................................! 31,546,163 Telecommunications.................................................................................................! 909,321 Utilities...........................................................................................................................! 8,200 Postage........................................................................................................................! 942,385 AFDC Benefits...................................................................................................! 213,211,869 Grants to County DFACS - Operations.......................................................................................................! 134,911,282 WIN Benefits.............................................................................................................! 479,964 Benefits for Child Care.......................................................................................! 17,300,108 SSI - Supplement Benefits..........................................................................................! 1,500 Total Funds Budgeted ......................................................................................$ 438,581,153 Agency Funds.....................................................................................................! 238,758,827 Indirect DOAS Services Funding........................................................................! 2,339,882 Social Services Block Grant Funds ..........................................................................................$ 34,238,765 State Funds Budgeted.......................................................................................! 163,243,679 Total Positions Budgeted 359 Authorized Motor Vehicles 112 Family and Children Services Functional Budgets Pos. Total Funds Refugee Programs 0 ! 979,000 AFDC Payments 0 ! 213,211,369 SSI - Supplement Benefits 0! 1,500 Energy Benefits 0 ! 15,201,469 State Funds $ -0- ! 71,640,841 $ 1,500 $ -0- WEDNESDAY, ?EBRU'ARY 5, 1986 County DFACS Operations Social Services County DFACS Operations Eligibility County DFACS Operations Joint and Administration Food Stamp Issuance Grants to Fulton County for 24-hour Emergency Services Director's Office Administration and Management District Administration Program Planning, Development, and Training Management Information Systems Child Development Administration Indirect Cost Work Incentive Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Liability Insurance Day Care Psychiatric, Psychological and Speech Therapy Maternity Care Return of Runaways County Home Management Contracts Outreach - Contracts 0 $ 42,672,465 0 $ 56,311,796 0 $ 35,701,980 0 $ 2,312,000 0 $ 225,041 6 $ 506,701 118 $ 4,788,542 84 $ 3,214,766 75 $ 7,094,149 50 $ 12,888,277 26 $ 1,008,623 0 $ -0- 0 $ 4,399,242 0 $ 658,000 0 $ 13,778,592 0 $ 1,956,886 0 $ 324,725 0 $ 899,030 0 $ 28,600 0 $ 19,342,100 0 $ 130,000 0 $ 50,000 0 $ 7,000 0 $ 166,000 0 $ 684,300 513 $ 19,893,826 $ 28,020,411 $ 17,304,573 $ -0- $ 225,041 $ 506,701 $ 3,459,665 $ 3,214,766 $ 3,678,989 $ 5,198,863 $ 1,008,623 $ (7,204,467) $ 439,924 $ 433,000 $ 8,923,491 $ 1,344,295 $ 95,432 $ 866,705 $ 28,600 $ 3,719,948 $ 128,500 $ 50,000 $ 7,000 $ 37,816 $ 181,136 514 JOURNAL OF THE HOUSE, Special Projects 0 $ 38,500 $ 38,500 Undistributed _0 $ ^ $ ^ Total 359 $ 438,581,153 $ 163,243,679 Budget Unit Object Classes: Personal Services................................................................................................! 131,175,388 Regular Operating Expenses ..............................................................................$ 73,125,132 Travel.......................................................................................................................$ 3,303,840 Motor Vehicle Equipment Purchases................................................................................................................! 171,236 Publications and Printing.....................................................................................! 1,522,786 Equipment Purchases............................................................................................! 1,212,581 Computer Charges .........................................................,,....................................$ 16,749,028 Real Estate Rentals ...............................................................................................$ 6,121,935 Telecommunications..............................................................................................! 3,692,372 Per Diem, Fees and Contracts...........................................................................! 82,783,774 Utilities....................................................................................................................! 1,166,550 Postage.....................................................................................................................! 2,131,360 Capital Outlay...........................................................................................................! 245,000 Grants for Regional Intensive Infant Care.........................................................................................$ 3,762,711 Grants for Regional Maternal and Infant Care.................................................................................! 1,767,000 Children's Medical Services Benefits................................................................................................................! 4,585,688 Children's Medical Services Clinics .....................................................................................................................$ 517,572 Kidney Disease Benefits ..........................................................................................$ 505,000 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.............................................................................! 700,000 Grant-In-Aid to Counties ...................................................................................$ 43,979,754 Work Incentive Benefits ..........................................................................................$ 479,964 Benefits for Child Care.......................................................................................! 18,649,268 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...................................................................................................! 213,211,869 Grants to County DFACS Operations.......................................................................................................! 134,911,282 Contract with Vocational Rehabilitation Community Facilities ..............................................................................................................$ 4,249,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program ............................................................................................$ 180,000 Contract with the Affirmative Industries..........................................................................................! 110,000 Institutional Repairs and Maintenance...................................................................................................! 501,900 Contract with Emory University for Arthritis Research...........................................................................................! 215,000 WEDNESDAY, FEBRUARY 5, 1986 515 Contract 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 4,375 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 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................................................................................................! 348,278,361 Departmental Operations: Personal Services................................................................................................! 275,269,870 Regular Operating Expenses ..............................................................................$ 28,882,875 Travel..........................................................................................................................! 612,167 Motor Vehicle Equipment Purchases................................................................................................................! 641,255 Publications and Printing..........................................................................................! 69,907 516 JOURNAL OF THE HOUSE, Equipment Purchases............................................................................................! 3,099,225 Computer Charges .................................................................................................$ 2,559,352 Real Estate Rentals ..................................................................................................$ 510,260 Telecommunications..............................................................................................? 2,413,066 Per Diem, Fees and Contracts...........................................................................! 10,696,522 Utilities..................................................................................................................! 15,756,500 Postage........................................................................................................................! 232,860 Capital Outlay........................................................................................................! 3,589,177 Authority Lease Rentals .......................................................................................$ 2,679,000 Institutional Repairs and Maintenance................................................................................................! 3,877,500 Grants to County-Owned Detention Centers..............................................................................................! 2,222,850 Reserve for Thomasville RYDC................................................................................$ 50,000 Reserve for Claxton RYDC .......................................................................................$ 50,000 Drug Abuse Contracts ...........................................................................................$ 1,015,960 Day Care Centers for the Mentally Retarded...........................................................................................! 58,081,826 MR Day Care Center Motor Vehicle Purchases ..............................................................................................$ 2,819,376 Supportive Living Staff ........................................................................................$ 1,556,506 Supportive Living Benefits...................................................................................! 7,297,923 Georgia State Foster Grandparent/Senior Companion Program.............................................................................................! 562,960 Community Mental Health Center Services.................................................................................................! 69,194,726 Project Rescue...........................................................................................................! 312,890 Project ARC...............................................................................................................! 203,600 Project Friendship....................................................................................................! 266,700 Group Homes for Autistic Children...................................................................................................! 232,123 Contract with Clayton County Board of Education for Autistic Children.....................................................................................................! 68,000 Uniform Alcoholism Projects ...............................................................................$ 2,245,899 Child Care Benefits....................................................................................................! 16,000 Community Mental Retardation Staff...............................................................................................! 3,646,719 Community Mental Retardation Residential Services.........................................................................................! 13,657,537 Lumpkin Area Individual Living, Inc. ...............................................................................................................$ 27,765 Total Funds Budgeted ......................................................................................$ 514,418,896 Agency Funds.....................................................................................................! 136,793,606 Indirect DOAS Services Funding........................................................................! 1,625,000 Social Services Block Grant Funds ..........................................................................................$ 27,721,929 State Funds Budgeted.......................................................................................! 348,278,361 Total Positions Budgeted 12,738 Authorized Motor Vehicles 1,553 Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets Pos. Total Funds State Funds Georgia Regional Hospital at Augusta 504 ! 13,317,045 $ 11,986,933 WEDNESDAY, FEBRUARY 5, 1986 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 Contract with Clayton County Board of Education for Autistic Children Project Rescue Drug Abuse Contracts 660 $ 17,704,936 510 $ 13,811,223 430 $ 12,053,155 709 $ 21,492,202 1,531 $ 38,406,470 1,099 $ 28,914,019 900 $ 25,330,183 539 $ 18,382,423 3,828 $ 102,963,438 221 $ 6,857,823 50 $ 2,234,120 62 $ 3$ 43 $ 2,290,656 133,072 1,459,200 0 $ 60,901,202 0 $ 8,854,429 0$ 0$ 562,960 3,646,719 0 $ 13,657,537 0$ 232,123 0$ 0$ 0$ 68,000 312,890 1,015,960 517 $ 14,499,091 $ 12,124,149 $ 10,237,904 $ 16,589,537 $ 22,653,179 $ 18,535,737 $ 14,538,766 $ 16,537,739 $ 72,418,304 $ 6,800,923 $ 2,001,295 $ 2,028,156 $ 133,072 $ 761,110 $ 27,506,534 $ 4,871,150 $ 562,960 $ 2,627,458 $ 9,200,020 $ 232,123 $ 68,000 $ 149,890 $ 1,015,960 518 JOURNAL OF THE HOUSE, Project ARC 203,600 203,600 Project Friendship 266,700 266,700 Community Mental Health Center Services 0 $ 69,194,726 $ 31,411,409 Uniform Alcoholism Projects Central Laboratory 2,245,899 280,279 1,583,492 -0- Lumpkin Area Individual Living, Inc. 0$ 27,765 27,765 State Youth Development Centers 743 $ 19,629,511 19,075,559 Regional Youth Development Centers 471 13,890,038 13,602,753 Group Homes 19 552,116 552,116 Day Centers 24 731,283 731,283 Community Treatment Centers 73 2,046,078 2,046,078 Court Services 269 7,585,677 7,585,677 Runaway Investigations 15 503,956 503,956 Interstate Compact 3 89,437 89,437 Purchased Services 16 2,256,874 2,205,374 Assessment and Classification 10 313,172 313,172 Undistributed 0 -0; -0; Total 12,738 $ 514,418,896 348,278,261 Section 24. Department of Industry and Trade. A. Budget Unit: Department of Industry and Trade ....................................................................................................$ 14,409,496 State Operations Budget: Personal Services....................................................................................................! 5,187,474 Regular Operating Expenses ...................................................................................$ 714,286 Travel..........................................................................................................................$ 304,100 Motor Vehicle Equipment Purchases..................................................................................................................$ 12,720 Publications and Printing........................................................................................$ 284,650 Equipment Purchases.................................................................................................$ 27,100 Computer Charges ....................................................................................................$ 166,260 Real Estate Rentals ..................................................................................................$ 436,415 Telecommunications.................................................................................................! 161,041 Per Diem, Fees and Contracts ................................................................................$ 205,650 Postage........................................................................................................................$ 180,800 Local Welcome Center Contracts ...........................................................................$ 140,000 Advertising and Promotion ..................................................................................$ 2,945,000 Cooperative Advertising...........................................................................................! 425,000 WEDNESDAY, FEBRUARY 5, 1986 519 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 ..............................................................................................$ 695,000 Contract - Georgia Association of Broadcasters........................................................................................................! 51,500 Southern Center for International Studies..............................................................................................! 25,000 Contract - Lanier Regional Committee................................................................................................................! 12,500 Capital Outlay ...........................................................................................................$ 500,000 Total Funds Budgeted ........................................................................................$ 20,767,709 State Funds Budgeted.........................................................................................! 14,409,496 Total Positions Budgeted 195 Authorized Motor Vehicles 21 Department of Industry and Trade Functional Budgets Pos. Total Funds State Funds Economic Development 51 $ 3,333,487 $ 3,333,487 Tourism 112 $ 6,091,342 $ 5,946,342 Administration 32 ! 11.342.880 $ 5,129,667 Total 195 ! 20,767,709 $ 14,409,496 B. Budget Unit: Authorities...............................................................................................! -0Administration Budget: Personal Services..................................................................................................! 30,901,497 Regular Operating Expenses..............................................................................! 11,935,063 Travel..........................................................................................................................! 524,088 Motor Vehicle Equipment Purchases........................................................................................................................! -0Publications and Printing........................................................................................! 154,919 Equipment Purchases.................................................................................................! 50,000 Computer Charges....................................................................................................! 645,286 Real Estate Rentals..................................................................................................! 109,343 Telecommunications.................................................................................................! 414,856 Per Diem, Fees and Contracts.............................................................................! 1,834,740 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...............................................................................! 1.592,026 Total Funds Budgeted........................................................................................! 60,589,107 520 JOURNAL OF THE HOUSE, State Funds Budgeted.......... Total Positions Budgeted Authorized Motor Vehicles ..$ -0- 884 36 Authorities Functional Budgets Pos. Total Funds State Funds Georgia World Congress Center Georgia Ports Authority 220 $ 11,717,547 i -o- 664 $ 48,871,560 $ -o- Undistributed Total 0 ! -0- i ^i 884 $ 60,589,107 $ -0- Section 25. Department of Labor. Budget Unit: Department of Labor......................................................................! 4,927,676 State Operations: Personal Services..................................................................................................! 56,977,529 Regular Operating Expenses ................................................................................$ 2,551,300 Travel.......................................................................................................................! 1,356,395 Motor Vehicle Equipment Purchases..................................................................................................................! 22,500 Publications and Printing........................................................................................! 101,766 Equipment Purchases..............................................................................................-! 316,002 Computer Charges.................................................................................................! 4,088,618 Real Estate Rentals...............................................................................................! 2,194,591 Telecommunications..............................................................................................! 1,120,525 Per Diem, Fees and Contracts (JTPA).............................................................................................$ 56,387,955 Per Diem, Fees and Contracts.............................................................................! 1,744,151 W.I.N. Grants ............................................................................................................$ 260,000 State Treasury Payments ........................................................................................| 400.000 Total Funds Budgeted ......................................................................................$ 127,521,332 State Funds Budgeted...........................................................................................! 4,927,676 Total Positions Budgeted 1,971 Authorized Motor Vehicles 16 Department of Labor Functional Budgets Pos. Total Funds State Funds Executive Offices 102 ! 4,671,139 ! 679,849 Administrative Services 248 ! 12,501,777 ! 760,803 Unemployment Services 208 ! 7,571,424 ! 4,041 Employment Services 98 ! 4,020,099 ! 317,347 Field Services 1,285 ! 45,461,080 ! 3,165,636 Job Training Partnership 30 ! 53,295,813 $ -0- Total 1,971 ! 127,521,332 ! 4,927,676 Section 26. Department of Law. Budget Unit: Department of Law.... Attorney General's Office Budget: Personal Services............................... .............! 5.992,548 .............! 5.311.702 WEDNESDAY, FEBRUARY 5, 1986 521 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 ..........................................................................................$ 6,414,835 State Funds Budgeted...........................................................................................! 5,992,548 Total Positions Budgeted 122 Authorized Motor Vehicles 1 Section 27. Department of Medical Assistance. Budget Unit: Medicaid Services .......................................................................$ 272.812,544 Departmental Operations Budget: Personal Services....................................................................................................! 7,323,092 Regular Operating Expenses ...................................................................................$ 360,600 Travel..........................................................................................................................! 148,790 Motor Vehicle Equipment Purchases...............................................................................................! 6,500 Publications and Printing..........................................................................................! 97,400 Equipment Purchases.................................................................................................! 99,380 Computer Charges.................................................................................................! 6,102,356 Real Estate Rentals ..................................................................................................$ 771,620 Telecommunications.................................................................................................! 343,038 Per Diem, Fees and Contracts...........................................................................! 10,177,000 Postage........................................................................................................................! 150,000 Medicaid Benefits..............................................................................................! 862,929,418 Payments to Counties for Mental Health..................................................................................................! 10,619,200 Audit Contracts......................................................................................................! 1.284,991 Total Funds Budgeted ......................................................................................$ 900,413,385 State Funds Budgeted.......................................................................................! 272,812,544 Total Positions Budgeted 274 Authorized Motor Vehicles 3 Medical Assistance Functional Budgets Pos. Total Funds Commissioner's Office 10 $ 640,625 Program Management 86 $ 12,667,243 Administration 37 $ 2,767,253 Systems Management 53 $ 7,895,748 Program Integrity 88 $ 2,893,898 Benefits 0 $ 873,548,618 Undistributed _0 ! ^ Total 274 $ 900,413,385 State Funds $ 320,313 $ 1,927,803 ! 1,571,679 $ 2,132,185 $ 1,252,977 $ 265,607,587 ! JL $ 272,812,544 522 JOURNAL OF THE HOUSE, Section 28. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Agency Assessments...................................................................................? 6,516.167 Departmental Operations Budget: Personal Services....................................................................................................? 4,807,511 Regular Operating Expenses ...................................................................................$ 107,327 Travel............................................................................................................................$ 63,545 Publications and Printing........................................................................................? 283,289 Equipment Purchases.................................................................................................$ 23,810 Computer Charges .................................................................................................$ 1,553,842 Real Estate Rentals ..................................................................................................$ 685,737 Telecommunications.....................................................................----$ 101,565 Per Diem, Fees and Contracts...........................................................................? 25,412,724 Postage........................................................................................................................? 143,360 Health Insurance Claims Payments................................................................? 230,002.649 Total Funds Budgeted ......................................................................................$ 263,185,359 Agency Assessments ..............................................................................................$ 6,516,167 Employee and Employer Contributions..................................................................................................? 256,637,408 Deferred Compensation .............................................................................................$ 31,784 Total Positions Budgeted 175 Authorized Motor Vehicles 0 Merit System Functional Budgets Pos. Total Funds State Funds Applicant Services 39 $ 1,790,595 ? -0- Classification and Compensation 19 $ 794,013 ? -0- Program Evaluation and Audit 13 ? 633,285 ? -0- Employee Training and Development 23 $ 952,253 $ -0- Health Insurance Administration 36 ? 6,991,705 ? -0- Health Insurance Claims 0 ? 249,412,619 ? -0- Internal Administration 37 ? 1,442,872 ? -0- Commissioner's Office _8 ? 1,168,017 $ ^ Total 175 ? 263,185,359 $ -0- Section 29. Department of Natural Resources. A. Budget Unit: Department of Natural Resources.....................................................................................................? 60,686,155 Operations Budget: Personal Services..................................................................................................? 40,935,065 Regular Operating Expenses................................................................................? 8,058,370 Travel..........................................................................................................................? 455,990 Motor Vehicle Equipment Purchases.............................................................................................................? 1,108,243 WEDNESDAY, FEBRUARY 5, 1986 523 Publications and Printing........................................................................................! 503,899 Equipment Purchases............................................................................................! 2,072,245 Computer Charges....................................................................................................! 414,301 Real Estate Rentals...............................................................................................! 1,179,033 Telecommunications.................................................................................................! 794,815 Per Diem, Fees and Contracts.............................................................................! 1,161,245 Postage........................................................................................................................! 345,085 Land and Water Conservation Grants..................................................................................................................! 2,500,000 Recreation Grants.....................................................................................................! 640,000 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................................................................................................! 1,026,993 Capital Outlay - Shop Stock - Parks...............................................................................................! 300,000 Capital Outlay - Heritage Trust...............................................................................$ 75,000 Authority Lease Rentals .......................................................................................$ 1,238,000 Cost of Material for Resale..................................................................................! 1,042,500 Payments to Lake Lanier Islands Development Authority........................................................................................! 603,821 Contract - Special Olympics, Inc............................................................................................................................! 206,000 Georgia Sports Hall of Fame ....................................................................................$ 50,000 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition .........................................................................................$ 430,912 Capital Outlay - User Fee Enhancements - Parks ......................................................................................$ 1,163,000 Capital Outlay - Buoy Maintenance.............................................................................................................! 20,000 Capital Outlay - Consolidated Maintenance - Game and Fish............................................................................! 337,220 Technical Assistance Contract................................................................................! 125,000 Capital Outlay ...........................................................................................................$ 495,000 Contract - Georgia Rural Water Association ...................................................................................................$ 10,000 Grant - The Hay House.............................................................................................! 50,000 Contract - Corps of Engineers................................................................................! 130,000 (Cold Water Creek State Park) Contract - Corps of Engineers.............................................................................! 2,500,000 (Tybee Island Beach Restoration) 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 Environmental Facilities Grants..........................................................................! 8,000,000 Payments to Georgia Boxing Commission................................................................................................................! 4,150 524 JOURNAL OF THE HOUSE, Non-Game Wildlife Habitat Fund ...........................................................................................................$ 50,000 Total Funds Budgeted ........................................................................................$ 79,165,887 Receipts from Jekyll Island State Park Authority..............................................................................................$ 53,750 Receipts from Stone Mountain Memorial Association ...........................................................................................$ 315,000 Indirect DOAS Funding...........................................................................................! 200,000 State Funds Budgeted.........................................................................................! 60,686,155 Total Positions Budgeted 1,288 Authorized Motor Vehicles 1,032 Department of Natural Resources Functional Budgets Pos. Total Funds State Funds Internal Administration 81 $ 7,899,751 $ 7,531,001 Game and Fish 479 $ 22,732,622 $ 19,456,342 Parks, Recreation and Historic Sites 386 $ 24,820,879 $ 13,500,177 Environmental Protection 316 $ 22,479,743 $ 19,030,743 Coastal Resources 26 $ 1,232,892 $ 1,167,892 Undistributed __0 $ :Qi ! :2i Total 1,288 $ 79,165,887 $ 60,686,155 B. Budget Unit: Authorities...............................................................................................! -0- Operations Budget: Personal Services....................................................................................................! 5,450,821 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 ..........................................................................................$ 9,624,571 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 223 Authorized Motor Vehicles 100 Authorities Functional Budgets Pos. Total Funds Lake Lanier Islands Development Authority 64 $ 3,255,821 State Funds $ -0- WEDNESDAY, FEBRUARY 5, 1986 525 Jekyll Island State Park Authority 157 $ 5,868,750 $ -0- Georgia Agricultural Exposition Authority _2 $ 500,000 | -0- Total 223 $ 9,624,571 $ -0- Section 30. Department of Corrections. A. Budget Unit: Departmental Operations.........................................................! 26,964.829 Departmental Operations Budget: Personal Services..................................................................................................$ 10,267,004 Regular Operating Expenses ...................................................................................$ 782,546 Travel..........................................................................................................................$ 407,607 Motor Vehicle Equipment Purchases.............................................................................................................$ 1,309,800 Publications and Printing..........................................................................................} 62,400 Equipment Purchases...............................................................................................! 236,767 Computer Charges .................................................................................................$ 1,961,785 Real Estate Rentals ...............................................................................................$ 1,106,277 Telecommunications.................................................................................................$ 312,878 Per Diem, Fees and Contracts .............................................................................$ 1,084,003 Utilities.........................................................................................................................} 50,000 County Subsidy ......................................................................................................$ 7,542,000 County Subsidy for Jails..........................................................................................$ 493,092 Court Costs ................................................................................................................$ 353,000 Central Repair Fund ................................................................................................} 564,800 Grants for County Workcamp Construction......................................................................................} 600,000 Grants for Local Jails. .............................................................................................^ 500,000 Total Funds Budgeted ........................................................................................$ 27,633,959 State Funds Budgeted.........................................................................................} 26,964,829 Total Positions Budgeted 338 Authorized Motor Vehicles 92 Departmental Operations Functional Budgets Pos. Total Funds State Funds General Administration and Support 188 } 11,929,130 } 11,479,130 Adult Facilities and Programs 121 } 14,161,984 } 13,942,854 Training and Staff Development 29 $ 1,542,845 | 1,542,845 Total 338 $ 27,633,959 $ 26,964,829 B. Budget Unit: Correctional Institutions, Transitional Centers and Support......................................................................................................} 159,239,489 Institutional Operations Budget: Personal Services................................................................................................} 104,907,416 Regular Operating Expenses..............................................................................} 19,591,515 Travel............................................................................................................................} 92,817 Motor Vehicle Equipment Purchases.............................................................................................................} 1,508,800 Publications and Printing..........................................................................................} 88,000 526 JOURNAL OF THE HOUSE, Equipment Purchases............................................................................................! 3,257,935 Computer Charges.............................................................................................................! -0- Real Estate Rentals ..................................................................................................$ 294,430 Telecommunications.................................................................................................! 961,823 Per Diem, Fees and Contracts................................................................................! 228,079 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..............................................................................................! 880,000 Health Services 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 ..................................................................................................$ 217,000 Minor Construction Fund........................................................................................! 802,401 Authority Lease Rentals ..........................................................................................If 440,000 Capital Outlay ........................................................................................................$ 5,461,000 Total Funds Budgeted ......................................................................................$ 160,843,489 State Funds Budgeted.......................................................................................! 159,239,489 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 70 $ 1,973,572 ! 1,973,572 Georgia Industrial Institute 296 $ 7,768,403 ! 7,768,403 Alto Education and Evaluation Center 39 $ 1,438,659 $ 1,438,659 Georgia Diagnostic and Classification Center 360 $ 8,644,692 ! 8,644,692 Georgia State Prison 717 $ 17,569,617 ! 17,569,617 Consolidated Branches 525 ! 13,734,480 ! 13,644,440 Middle Georgia Correctional Institution 818 ! 19,569,308 ! 19,569,308 Jack T. Rutledge Correctional Institution 148 ! 3,891,742 $ 3,891,742 Central Correctional Institution 138 ! 3,425,090 ! 3,425,090 WEDNESDAY, FEBRUARY 5, 1986 527 Metro Correctional Institution 183 $ 4,367,715 $ 4,367,715 Coastal Correctional Institution 179 $ 4,383,393 $ 4,324,893 Central Funds D.O.T. Work Details 7 $ 16,407,999 $ 16,407,999 32 $ 678,428 $ -0- Food Processing and Distribution 210 $ 12,477,132 $ 11,829,100 Farm Operations 39 $ 5,462,814 $ 5,437,814 Dodge Correctional Institution 143 $ 3,346,249 $ 3,346,249 Transitional Centers 117 $ 3,487,679 $ 3,487,679 Augusta Correctional and Medical Institution 255 $ 5,774,632 $ 5,774,632 Health Care 298 $ 19,913,503 $ 19,913,503 Richard H. Rogers Correctional Institution 142 $ 3,577,227 $ 3,577,227 Forsyth Correctional Institution 141 $ 2,847,155 $ 2,847,155 Federal Grants __0 $ 104.000 $ -0; Total 4,857 $ 160,843,489 $ 159,239,489 C. Budget Unit: Board of Pardons and Paroles..........................................................................................................$ 13,834,452 Board of Pardons and Paroles Budget: Personal Services..................................................................................................! 11,166,895 Regular Operating Expenses ...................................................................................$ 391,261 Travel..........................................................................................................................! 433,482 Motor Vehicle Equipment Purchases..................................................................................................................! 50,000 Publications and Printing..........................................................................................! 41,774 Equipment Purchases...............................................................................................! 117,950 Computer Charges....................................................................................................! 174,214 Real Estate Rentals..................................................................................................! 770,219 Telecommunications.................................................................................................! 335,910 Per Diem, Fees and Contracts................................................................................! 114,460 County Jail Subsidy .................................................................................................$ 248,425 Total Funds Budgeted ........................................................................................$ 13,844,590 State Funds Budgeted.........................................................................................! 13,834,452 Total Positions Budgeted 470 Authorized Motor Vehicles 31 D. Budget Unit: Georgia Correctional Industries Budget.........................................................................................! 1,391,700 Personal Services....................................................................................................! 2,272,330 Regular Operating Expenses ...................................................................................$ 894,000 Travel............................................................................................................................! 61,000 528 JOURNAL OF THE HOUSE, Motor Vehicle Equipment Purchases................................................................................................................$ 187,000 Publications and Printing............................................................................................! 9,500 Equipment Purchases...............................................................................................$ 644,700 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........................................................................................................! 1,143,000 Total Funds Budgeted ........................................................................................$ 12,050,230 State Funds Budgeted...........................................................................................! 1,391,700 Total Positions Budgeted 83 Authorized Motor Vehicles 19 E. Budget Unit: Division of Probations..............................................................! 31,805.926 Operations Budget: Personal Services..................................................................................................! 30,584,483 Regular Operating Expenses ...................................................................................$ 898,670 Travel..........................................................................................................................! 530,204 Motor Vehicle Equipment Purchases..................................................................................................................! 19,000 Publications and Printing..........................................................................................! 90,950 Equipment Purchases...............................................................................................! 326,738 Computer Charges.............................................................................................................! -0- Real Estate Rentals..................................................................................................! 898,261 Telecommunications.................................................................................................! 452,350 Utilities.......................................................................................................................! 307,002 Per Diem, Fees and Contracts..................................................................................! 12,000 Capital Outlay........................................................................................................! 1.040.800 Total Funds Budgeted ........................................................................................$ 35,160,458 State Funds Budgeted.........................................................................................! 31,805,926 Total Positions Budgeted 1,307 Authorized Motor Vehicles 122 Division of Probations Functional Budgets Pos. Total Funds State Funds Probation Administration 24 $ 750,485 $ 620,485 Probation Field Operations 1,071 $ 27,559,087 $ 25,044,555 Diversion Centers 212 $ 6,850,886 ! 6,140,886 Total 1,307 ! 35,160,458 $ 31,805,926 Section 31. Department of Public Safety. A. Budget Unit: Department of Public Safety...........................................................................................................! 57,937,734 Operations Budget: Personal Services..................................................................................................! 42,991,304 Regular Operating Expenses ................................................................................$ 5,949,969 Travel..........................................................................................................................! 120,356 Motor Vehicle Equipment Purchases.............................................................................................................! 3,712,900 WEDNESDAY, FEBRUARY 5, 1986 529 Publications and Printing........................................................................................! 585,422 Equipment Purchases...............................................................................................! 584,662 Computer Charges .................................................................................................$ 2,730,214 Real Estate Rentals......................................................................................................! 8,508 Telecommunications.................................................................................................! 699,409 Per Diem, Fees and Contracts................................................................................! 244,125 Capital Outlay.............................................................................................................! 80,000 Postage........................................................................................................................! 616,039 Conviction Reports...................................................................................................! 218,016 State Patrol Posts Repairs and Maintenance ....................................................................................$ 150,000 Driver License Processing........................................................................................! 929,977 Total Funds Budgeted ........................................................................................$ 59,620,901 Indirect DOAS Services Funding........................................................................! 1,650,000 State Funds Budgeted.........................................................................................! 57,937,734 Total Positions Budgeted 1,472 Authorized Motor Vehicles 1,109 Public Safety Functional Budgets Pos. Total Funds State Funds Administration 170 $ 6,857,607 $ 6,857,607 Driver Services 980 ! 12,481,037 $ 10,947,870 Field Operations 322 $ 40,282,257 ! 40,132,257 Total 1,472 $ 59,620,901 $ 57,937,734 B. Budget Unit: Units Attached for Administrative Purposes Only...............................................................................................$ 6,882,765 Attached Units Budget: Personal Services....................................................................................................! 3,162,067 Regular Operating Expenses ...................................................................................$ 716,261 Travel..........................................................................................................................! 119,750 Motor Vehicle Equipment Purchases....................................................................! 131,400 Publications and Printing..........................................................................................! 42,450 Equipment Purchases...............................................................................................! 135,652 Computer Charges ....................................................................................................$ 202,820 Real Estate Rentals..................................................................................................! 127,264 Telecommunications...................................................................................................! 96,099 Per Diem, Fees and Contracts...............................................................................-! 474,027 Postage..........................................................................................................................! 28,750 Peace Officers Training Grants...........................................................................! 2,012,490 Highway Safety Grants .........................................................................................$ 3,500,000 Total Funds Budgeted..........................................................................................!10,749,030 State Funds Budgeted...........................................................................................! 6,882,765 Total Positions Budgeted 113 Authorized Motor Vehicles 49 Attached Units Functional Budgets Pos. Total Funds Office of Highway Safety 8 $ 3,879,313 Georgia Peace Officers Standards and Training Council 26 $ 3,235,940 State Funds $ 192,023 $ 3,224,145 530 JOURNAL OF THE HOUSE, Police Academy 20 $ 1,235,050 1,190,050 Fire Academy 14 $ 833,492 745.496 Georgia Firefighters Standards and Training Council 5 $ 297,202 $ 297,202 Organized Crime Prevention Council 3 $ 288,739 $ 288,739 Georgia Public Safety Training Center 37 | 979,294 945,110 Total 113 $ 10,749,030 6,882,765 Section 32. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement Svstem...................................................................................$ 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 .................................................................................................$ 6,936,332 Departmental Operations Budget: Personal Services....................................................................................................! 4,136,030 Regular Operating Expenses ...................................................................................$ 235,616 Travel..........................................................................................................................$ 148,400 Motor Vehicle Equipment Purchases ......................................................................$ 66,405 Publications and Printing..................................................................................-.......! 23,375 Equipment Purchases.................................................................................................! 47,128 Computer Charges....................................................................................................! 148,649 Real Estate Rentals..................................................................................................! 237,021 Telecommunications.................................................................................................! 106,850 Per Diem, Fees and Contracts.............................................................................! 2,142.500 Total Funds Budgeted ..........................................................................................$ 7,291,974 State Funds Budgeted...........................................................................................! 6,936,332 Total Positions Budgeted 133 Authorized Motor Vehicles 29 Public Service Commission Functional Budgets Pos. Total Funds State Funds Administration 18 ! 1,048,809 ! 1,048,809 Transportation 56 ! 2,058,290 ! 1,784,190 Utilities 59 $ 4.184.875 ! 4.103.333 Total 133 ! 7,291,974 ! 6,936,332 Section 34. Regents, University System of Georgia. A. Budget Unit: Resident Instruction ...............................................................$ 611,136,113 WEDNESDAY, FEBRUARY 5, 1986 531 Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. ........................................................................$ 573,886,875 Sponsored Operations......................................................................................! 71,550,818 Operating Expenses: Educ., Gen., and Dept. Svcs.........................................................................$ 150,741,309 Sponsored Operations......................................................................................! 76,135,060 Prepayment of TRS Contributions ....................................................................................................$ 59,841,892 Capital Outlay ........................................................................................................$ 1,475,000 Office of Minority Business Enterprise ..............................................................................................$ 388,902 Special Desegregation Programs.............................................................................! 322,487 Authority Lease Rentals .....................................................................................$ 15,582,666 Research Consortium.............................................................................................! 3,500,000 Eminent Scholars Program...................................................................................! 2,000,000 Total Funds Budgeted ......................................................................................$ 955,425,009 Departmental Income..........................................................................................! 23,326,954 Sponsored Income..............................................................................................! 147,685,878 Other Funds........................................................................................................! 170,248,764 Indirect DOAS Services Funding........................................................................! 3,027,300 State Funds Budgeted.......................................................................................! 611,136,113 Total Positions Budgeted 17,496 B. Budget Unit: Regents Central Office and Other Organized Activities....................................................................................................! 137,793,335 Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs.........................................................................! 151,877,464 Sponsored Operations......................................................................................! 46,997,452 Operating Expenses: Educ., Gen., and Dept. Svcs...........................................................................! 65,767,533 Sponsored Operations......................................................................................! 19,877,465 Prepayment of TRS Contributions....................................................................................................! 10,000,000 Fire Ant and Environmental Toxicology Research.............................................................................................! 249,308 Agricultural Research............................................................................................! 1,366,003 Center for Rehabilitation Technology.................................................................................................................356,175 Advanced Technology Development Center.............................................................................................! 874,054 Capitation Contracts for Family Practice Residency ...............................................................................$ 2,267,000 Residency Capitation Grants ...............................................................................$ 2,137,500 Student Preceptorships............................................................................................$ 158,000 Capital Outlay - ETMH Renovations.........................................................................................................! 3,300,000 SREB Payments.....................................................................................................! 6,284,950 Medical Scholarships................................................................................................! 587,000 Regents Opportunity Grants...................................................................................! 600,000 Regents Scholarships................................................................................................! 200,000 Grants to Junior Colleges.....................................................................................! 6,520,444 Rental Payments to Georgia Military College.....................................................................................................! 225,000 Total Funds Budgeted ......................................................................................$ 319,645,348 532 JOURNAL OF THE HOUSE, Departmental Income............................................................................................$ 1,810,817 Sponsored Income................................................................................................$ 66,874,917 Other Funds........................................................................................................$ 112,610,579 Indirect DOAS Services Funding ...........................................................................$ 555,700 State Funds Budgeted.......................................................................................! 137,793,335 Total Positions Budgeted 6,164 Regents Central Office and Other Organized Activities Functional Budgets Pos. Total Funds State Funds Marine Resources Extension Center 32 $ 1,516,646 J 965,175 Skidaway Institute of Oceanography 38 $ 3,416,321 $ 1,254,017 Marine Institute 20 $ 1,058,560 $ 718,560 Georgia Tech Research Institute 528 $ 75,988,994 $ 8,645,935 Engineering Extension Division 113 $ 3,349,708 $ 1,792,114 Agricultural Experiment Station 906 $ 42,551,500 $ 27,100,855 Cooperative Extension Service 996 $ 40,457,488 $ 26,844,788 Eugene Talmadge Memorial Hospital 3,266 $ 109,795,557 $ 33,464,185 Veterinary Medicine Experiment Station 67 $ 2,503,551 $ 2,503,551 Veterinary Medicine Teaching Hospital 55 $ 1,980,769 $ 477,458 Family Practice Residency Program 6 $ 4,850,216 $ 4,850,216 Georgia Radiation Therapy Center 33 $ 1,354,897 $ 184,549 Athens and Tifton Veterinary Laboratories 3 $ 1,916,348 $ 87,139 Regents Central Office 101 $ 28,904,793 $ 28,904,793 Undistributed 0 $ -0- $ -0- Total 6,164 $ 319,645,348 $ 137,793,335 orgia Public lications $ 5,776,493 Public Telecommunications Commission Budget: Personal Services: Educ., Gen., and Dept. Svcs.............................................................................$ 3,814,825 WEDNESDAY, FEBRUARY 5, 1986 533 Operating Expenses: Educ., Gen., and Dept. Svcs.............................................................................$ 5,328,847 Total Funds Budgeted ..........................................................................................$ 9,143,672 State Funds Budgeted...........................................................................................$ 5,776,493 Total Positions Budgeted 149 Authorized Motor Vehicles 14 Section 35. Department of Revenue. Budget Unit: Department of Revenue...................................................... .$ 53,956,175 Operations Budget: Personal Services..................................................................................................$ 33,457,807 Regular Operating Expenses...............................................................!................! 5 1,115,210 Travel.......................................................................................................................! 5 1,326,398 Motor Vehicle Equipment Purchases.............................................................................................................. ...$ 45,700 Publications and Printing.....................................................................................! 1,967,732 Equipment Purchases............................................................................................! 1,094,743 Computer Charges.................................................................................................! 6,723,056 Real Estate Rentals...............................................................................................! 1,753,806 Telecommunications............................................................................................... .$ 633,285 Per Diem, Fees and Contracts.............................................................................. .$ 201,000 County Tax Officials/Retirement and FICA.............................................................................................................$ 1,644,000 Grants to Counties/Appraisal Staff......................................................................................................................$ 1,663,187 Motor Vehicle Tag Purchases..............................................................................$ 3,433,600 Motor Vehicle Decal Purchases ..............................................................................$ 495,000 Postage.....................................................................................................................! 2,246.651 Total Funds Budgeted ........................................................................................$ 57,801,175 Indirect DOAS Services Funding ........................................................................$ 3,845,000 State Funds Budgeted.........................................................................................$ 53,956,175 Total Positions Budgeted 1,231 Authorized Motor Vehicles 65 Department of Revenue Functional Budgets Pos. Total Funds Departmental Administration 48 $ 4,249,294 Internal Administration 78 $ 6,823,709 EDP Division 49 $ 2,488,904 Field Services 363 $ 11,406,344 Income Tax 148 $ 6,569,193 Motor Vehicle 253 $ 14,335,166 Central Audit 111 $ 4,539,527 Property Tax 56 $ 3,806,684 Sales and Use Tax Total 125 I 3,582,354 1,231 $ 57,801,175 Section 36. Secretary of State. A. Budget Unit: Secretary of State... Personal Services............................... State Funds $ 4,249,294 $ 6,723,713 $ 2,488,904 $ 11,316,344 $ 5,169,201 $ 12,280,166 $ 4,539,527 $ 3,806,684 f 3,382,342 $ 53,956,175 ..$ 16,606,267 , $ 10.425.508 534 JOURNAL OF THE HOUSE, Regular Operating Expenses ................................................................................$ 1,400,788 Travel..........................................................................................................................! 196,350 Motor Vehicle Equipment Purchases................................................................................................................! 101,800 Publications and Printing........................................................................................! 358,316 Equipment Purchases...............................................................................................! 175,745 Computer Charges....................................................................................................! 651,431 Real Estate Rentals...............................................................................................! 1,814,119 Telecommunications.................................................................................................! 286,200 Per Diem, Fees and Contracts................................................................................! 441,700 Election Expenses.....................................................................................................! 500,000 Postage........................................................................................................................! 314,410 Total Funds Budgeted........................................................................................! 16,666,367 State Funds Budgeted.........................................................................................! 16,606,267 Total Positions Budgeted 375 Authorized Motor Vehicles 74 Secretary of State Functional Budgets Pos. Total Funds Internal Administration 58 $ 2,473,115 Archives and Records 86 ! 3,877,225 Corporations Regulation 44 ! 1,484,694 Elections and Campaign Disclosure 14 $ 1,216,999 Securities Regulation 23 ! 1,003,557 Drugs and Narcotics 15 ! 654,948 State Campaign and Financial Disclosure 138,697 Occupational Certification 132 5,817,132 Total 375 16,666,367 State Funds 2,471,015 $ 3,827,225 $ 1,482,694 $ 1,216,999 $ 997,557 $ 654,948 ! 16,606,267 Occupational Certification Functional Budgets Accountancy Architect Athletic Trainers Auctioneers Barbers Chiropractic Construction Industry Cosmetology Board Costs 184,908 47,942 I,242 6,242 11,473 II,095 54,563 37,092 Cost of Operations 341,315 118,563 3,043 31,275 140,719 105,883 327,706 636,089 WEDNESDAY, FEBRUARY 5, 1986 535 Dentistry $ 56,467 $ 273,255 Dieticians $ 11,500 $ 30,000 Engineers $ 51,468 $ 273,429 Forestry $ 3,139 $ 30,840 Funeral Service $ 17,463 $ 170,228 Geology $ 3,331 $ 17,502 Hearing Aid $ 4,987 $ 19,842 Landscape Architect $ 13,523 $ 23,896 Librarians $ 2,331 $ 17,995 Marriage and Family Therapists $ 30,080 $ 147,485 Medical Examiners $ 205,418 $ 956,652 Nursing Home Administrators $ 12,069 $ 32,222 Board of Nursing $ 59,775 $ 670,816 Dispensing Opticians $ 5,218 $ 26,810 Optometry $ 15,285 $ 37,426 Occupational Therapy $ 2,179 $ 8,662 Pharmacy $ 67,179 $ 378,707 Physical Therapy $ 11,791 $ 39,703 Podiatry $ 3,722 $ 9,462 Polygraph Examiners $ 5,734 $ 16,224 Practical Nursing $ 56,001 $ 468,838 Private Detective $ 11,915 $ 277,840 Psychologists $ 15,374 $ 66,489 Recreation $ 4,871 $ 23,164 Sanitarian $ 3,405 $ 18,520 Speech Pathology $ 4,520 $ 19,196 Used Car Dealers $ 12,019 $ 210,360 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: R sal Estate Commission .............................................................a 1,182,779 Real Estate Comm ssion Budget: Personal Services ,........................$685.741 536 JOURNAL OF THE HOUSE, Regular Operating Expenses ...................................................................................$ 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 ..................................................................................$ 94,000 Total Funds Budgeted ..........................................................................................$ 1,182,779 State Funds Budgeted...........................................................................................$ 1,182,779 Total Positions Budgeted 28 Authorized Motor Vehicles 12 Section 37. Georgia Student Finance Commission. Budget Unit: Georgia Student Finance Commission ................................................................................$ 16,593,641 Administration Budget: Personal Services....................................................................................................$ 2,727,947 Regular Operating Expenses ...................................................................................$ 185,120 Travel............................................................................................................................$ 52,000 Motor Vehicle Equipment Purchases...................................................................................................$ -0- Publications and Printing..........................................................................................$ 78,654 Equipment Purchases.................................................................................................$ 12,775 Computer Charges ....................................................................................................$ 910,926 Telecommunications ...................................................................................................$ 84,590 Per Diem, Fees and Contracts ..................................................................................$ 41,500 Payment of Interest and Fees.................................................................................$ 430,000 Guaranteed Educational Loans ...........................................................................$ 3,113,550 Tuition Equalization Grants ..............................................................................$ 10,700,000 Student Incentive Grants .....................................................................................$ 4,443,122 Law Enforcement Personnel Dependents' Grants ................................................................................................$ 35,000 North Georgia College ROTC Grants.........................................................................................................$ 111,000 Osteopathic Medical Loans .....................................................................................$ 162,400 Georgia Military Scholarship Grants .....................................................................................................................$ 140,500 Academic Scholarships .....................................................................................................$ -0- Total Funds Budgeted ........................................................................................$ 23,229,084 State Funds Budgeted.........................................................................................$ 16,593,641 Total Positions Budgeted 105 Authorized Motor Vehicles 1 Georgia Student Finance Commission Functional Budgets Pos. Total Funds State Funds Internal Administration 105 $ 4,093,512 $ -0- Higher Education Assistance Corporation 0 $ 430,000 $ 205,000 Georgia Student Finance Authority 0 $ 18,705,572 $ 16.388,641 Total 105 $ 23,229,084 $ 16,593,641 WEDNESDAY, FEBRUARY 5, 1986 537 Section 38. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee ..............................................................................$ 908,944 Soil and Water Conservation Central Office Budget: Personal Services.......................................................................................................$ 599,139 Regular Operating Expenses .....................................................................................$ 56,380 Travel............................................................................................................................$ 54,212 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................................................................................! 126,386 Total Funds Budgeted .............................................................................................$ 908,944 State Funds Budgeted..............................................................................................! 908,944 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....................................................................................................! 1,967,069 Regular Operating Expenses .....................................................................................$ 74,400 Travel............................................................................................................................! 24,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications 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 Cost-of-Living Increases for Local Retirement System Members................................................................! 1,630,000 Floor Fund for Local Retirement Systems...........................................................................................! 1,168,000 Total Funds Budgeted ..........................................................................................$ 6,223,551 State Funds Budgeted...........................................................................................! 2,798,000 Total Positions Budgeted 67 Authorized Motor Vehicles 1 Section 40. Department of Transportation. Budget Unit: Department of Transportation...................................................................................! 454,478,255.43 For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget: Personal Services................................................................................................! 159,459,089 Regular Operating Expenses ..............................................................................$ 46,179,642 Travel.......................................................................................................................! 1,633,112 Motor Vehicle Equipment Purchases.............................................................................................................! 1,000,000 Publications and Printing........................................................................................! 825,147 538 JOURNAL OF THE HOUSE, Equipment Purchases............................................................................................! 2,442,058 Computer Charges .................................................................................................$ 2,362,670 Real Estate Rentals...............................................................................................! 1,086,778 Telecommunications..............................................................................................! 1,722,399 Per Diem, Fees and Contracts.............................................................................! 8,991,102 Capital Outlay...............................................................................................! 584,950,486.78 Authority Lease Rentals ................................................................................$ 12,145,820.65 State of Georgia General Obligation Debt Sinking Fund.........................................................................! 3,458,506 Savannah Harbor Maintenance Payments................................................................................................................! 630,000 Mass Transit Grants..............................................................................................! 8,796,429 Capital Outlay - Airport Development.........................................................................................! 1,270,000 Capital Outlay - Airport Approach Aid and Operational Improvement.........................................................................! 1,343,000 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction..........................................................................................! 3,000,000 Grants to Counties.................................................................................................! 9,317,013 Grants to Municipalities.......................................................................................! 9,317,000 Fall Line Freeway and Golden Isles Parkway......................................................................................................! 1,500,000 Total Funds Budgeted .................................................................................$ 861,430,252.43 State Funds Budgeted..................................................................................! 454,478,255.43 Total Positions Budgeted 6,946 Authorized Motor Vehicles 4,800 Department of Transportation Functional Budgets Pos. Total Funds State Funds Motor Fuel Tax Budget LARP 0 ! 14,000,000 $ 14,000,000 Planning and Construction 2,998 ! 601,405,151 ! 213,263,028 Maintenance and Betterments 3,547 $ 159,112,701 ! 153,527,881 Facilities and Equipment 0 ! 4,608,247 ! 3,408,247 Assistance to Counties 0 $ 9,317,013 ! 9,317,013 Administration Undistributed Total 362 __0 6,907 ! 31,121,906.65 $ ^ !819,565,018.65 ! 30,671,906.65 | -0- !424,188,075.65 General Funds Budget LARP Parking Deck Foundation Grants to Municipalities 0 ! 10,000,000 ! 10,000,000 0 ! 1,599,999.78 $ 1,599,999.78 0 ! 9,317,000 ! 9,317,000 WEDNESDAY, FEBRUARY 5, 1986 539 Paving at State and Local Schools and State Institutions 848,500 $ 848,500 Paving at State Parks and Historic Sites 0 $ 500,000 $ 500,000 Air Transportation 16 $ 1,347,153 $ 957,153 Inter-Modal Transfer Facilities 23 $ 13,122,581 $ 4,937,527 Harbor Maintenance Facilities 0 $ 3,630,000 $ 630,000 Fall Line Freeway and Golden Isles Parkway 0 $ 1,500,000 $ 1,500,000 Undistributed Total _0 I 1L $ ^ 39 $ 41,865,233.78 $ 30,290,179.78 Section 41. Department of Veterans Service. Budget Unit: Department of Veterans Service........................................................................................................$ 14,933,600 Departmental Operations Budget: Personal Services....................................................................................................! 3,744,585 Regular Operating Expenses .................,...................................................................$ 56,290 Travel............................................................................................................................$ 82,000 Motor Vehicle Equipment PurchaseB........................................................................................................................$ -0- Publications and Printing..........................................................................................$ 21,000 Equipment Purchases.................................................................................................$ 71,964 Computer Charges.............................................................................................................? -0- Real Estate Rentals..................................................................................................? 194,766 Telecommunications...................................................................................................? 56,500 Per Diem, Fees and Contracts....................................................................................? 8,000 Capital Outlay...................................................................................................................? -0- Postage..........................................................................................................................$ 32,500 Operating Expense/Payments to Central State Hospital......................................................................................? 8,662,847 Operating Expense/Payments to Medical College of Georgia...............................................................................? 4,606,408 Regular Operating Expenses for Projects and Insurance.................,.................................................................? 591,980 Total Funds Budgeted ........................................................................................$ 18,128,840 State Funds Budgeted.........................................................................................? 14,933,600 Total Positions Budgeted 141 Authorized Motor Vehicles 1 Veterans Assistance Veterans Home and Nursing Facility Milledgeville Veterans Service Functional Budgets Pos. Total Funds 141 ? 4,859,585 0 ? 8,662,847 State Funds $ 4,040,694 ? 7,077,847 540 JOURNAL OF THE HOUSE, Veterans Nursing Home - Augusta 0 $ 4,606,408 $ 3,815,059 Undistributed _0 $ ^ $ -0- Total 141 $ 18,128,840 $ 14,933,600 Section 42. Workers' Compensation Board. Budget Unit: Workers' Compensation Board............................................................................................................$ 5,747,923 Operations Budget: Personal Services....................................................................................................! 4,426,252 Regular Operating Expenses ...................................................................................$ 121,052 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...................................................................................................? 82,485 Per Diem, Fees and Contracts................................................................................! 183,300 Postage..........................................................................................................................! 80,000 Total Funds Budgeted ..........................................................................................$ 5,782,923 Agency Funds..............................................................................................................! 35,000 State Funds Budgeted...........................................................................................! 5,747,923 Total Positions Budgeted 146 Authorized Motor Vehicles 1 Workers' Compensation Board Functional Budgets Pos. Total Funds State Funds Administration 129 $ 5,248,950 $ 5,213,950 Vocational Rehabilitation 17 $ 533,973 $ 533,973 Undistributed _0 $ ^ | ^ Total 146 $ 5,782,923 ! 5,747,923 Section 43. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) .............................................................................| 227,697.521 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) ..................................................................................$ 61,995,700 Section 44. Provisions Relative to Section 3, Supreme Court. The appro priations 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 WEDNESDAY, FEBRUARY 5, 1986 541 the Court of Appeals of the State of Georgia, including salaries and retirement contribu tions of judges and employees of the Court. Section 46. Provisions Relative to Section 5, Superior Courts. The appro priations in Section 5 (Superior Courts) of this Act are for the cost of operating the Supe rior 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 appro priated in Section 5, $20,000 is designated and committed to permit Judges with fewer than five years of experience to attend the Judicial College. Section 47. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4. Section 48. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Edu cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132. Section 49. Provisions Relative to Section 8, Judicial Council. The appro priations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judi cial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council. Section 50. Provisions Relative to Section 10, Department of Administra tive Services. Income to the Department of Administrative Services from user agencies shall not exceed the amounts listed below for each service activity except to provide gen eral salary increases authorized for all State employees, or unless there is a corresponding fund availability, with prior budgetary approval, in the appropriate object class or classes of user agency or agencies for which the Department provides service: General Services........................................................................................................$ 512,821 Data Processing Service ......................................................................................$ 45,501,134 Motor Pool Service ................................................................................................$ 2,267,469 Communication Services.....................................................................................! 34,007,611 Printing Services....................................................................................................! 4,578,652 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. The Georgia Building Authority is authorized to take necessary action to assign $3,150,000 of the 1985E General Obligation Bond Issue to the following projects: $1,100,000 for renovations to the Chrysler warehouse on Murphy Avenue; $800,000 for renovations to the Agriculture building; $691,000 for fire code renovations to the Capitol; 542 JOURNAL OF THE HOUSE, $280,000 to rework elevators in the Judicial and Health buildings; and $279,000 for renovations to the Floyd building for the Department of Natural Resources. The Georgia Building Authority is also authorized to take necessary action to redirect $481,048 in existing reserve funds for the construction of a consolidated motor pool facility on the lower level of the planned Butler Street parking deck. Section 51. Provisions Relative to Section 11, Department of Agriculture. From the appropriation in Section 11 (Department of Agriculture) relative to Regular Operating Expenses, $60,000 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 "onfarm" 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, Con struction, Repairs and Maintenance Projects at Major and Minor Markets shall be made without 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 Education - Department of Education), $30,000 of the special education funds is desig nated 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 pro gram plan for gifted students by the State Superintendent of Schools; and $18,601,401 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, how ever, 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 commence any new program or project which would create a continuing obligation of the current funds of the State, unless such program or project has been authorized by the General Assembly. Where teaching personnel are paid in whole or in part from funds other than Statelocal 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. WEDNESDAY, FEBRUARY 5, 1986 543 Provided, further, that for systems which do not elect to implement the full day kin dergarten program, the allotment of instructional units shall be made on the basis of one teacher and one aide for each 40 students or major fraction thereof in average daily attendance, except in the case of mentally, physically or emotionally handicapped children, the ratio shall be one teacher and one aide for 24 students or major fraction thereof in average daily membership. 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 Per sonal 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 Edu cation) 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. For the funds appropriated in Section 16 (State Board of Education-Department of Education) for Cash Grants for Capital Outlay for local school construction, $87,376,645 shall be used for funding those projects for which S.F.Y. 1987 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. 1987; provided, further, that $2,356,327 is designated and committed on a 100% State funding basis for the consolidation of Troup County and West Point City systems and $10,267,028 is designated and committed for advanced fund ing projects. 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 pur chasing new equipment without prior approval of the Department of Education. From the appropriation for Unit B, Board of Postsecondary Vocational Education for Area Vocational-Technical School Construction, $845,300, is designated to provide repairs 544 JOURNAL OF THE HOUSE, and renovations designated as Priority 1 in a study performed by Georgia State University. Provided further that none of these funds shall be made available to area vocational- technical schools until such schools have formally agreed to convert from their present governance to governance by the Board of Postsecondary Vocational Education. Section 53. Provisions Relative to Section 17, Employees' Retirement System. The Employees' Retirement System is authorized to increase the employer con tribution rate by forty-five one-hundredths of one percent of salaries to fund one and onehalf per cent cost of living increases on July 1, 1985, and January 1, 1986, and to fund continuation of increases provided on January 1 and July 1 of 1984, and January 1, 1985. Section 54. 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 55. 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. Section 56. 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 metropol itan Atlanta area and to operate a hemophilia program in Augusta; further, $180,000 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, through March 31, 1986: Number in Asst. Group 1 2 3 4 5 6 7 8 9 10 11 Standards of Need $ 202 306 366 432 494 536 580 616 648 694 742 Maximum Monthly Amount $ 123 187 223 264 301 327 354 376 395 423 453 WEDNESDAY, FEBRUARY 5, 1986 545 Beginning April 1, 1986, the following maximum benefits and maximum Standards of Need shall apply: Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $ 202 $ 141 2 306 214 3 366 256 4 432 302 5 494 346 6 536 375 7 580 406 8 616 431 9 648 454 10 694 486 Provided that of the above appropriations relating to Regional Grants for Intensive Infant Care, the distribution of funds to the tertiary hospitals shall be on the basis of need and performance equally. Provided, that of the above appropriation, the Department of Human Resources is authorized to use foster care benefits funds, not to exceed $175,000, in a pilot area of the State to Purchase alternative in-home services to prevent the need for removing a child from his or her home. The costs of such services shall not exceed 80% of the room and board costs that would be incurred otherwise. 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 Public Health; $52,500 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 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 pro grams not be expanded to levels which such increased Federal funding would not be suffi cient to sustain in subsequent years. From the appropriation in Section 23 (Department of Human Resources), not less than $156,000 is committed for funding of the Community Cardiovascular Council StrokeScreening Program. 546 JOURNAL OF THE HOUSE, 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 treat ment 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 foster children over age twelve, 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 eli gible to receive services. It is the intent of this General Assembly that no money designated for Mental Retarda tion programs be used in any manner in connection with the statewide alcohol and drug treatment services plan. From the appropriation in Section 23 (Department of Human Resources) relating to Community Mental Health Centers, agency income, excluding Federal grants where pro hibited, 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 $414.28 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 pri vate 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 con tinuing 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. WEDNESDAY, FEBRUARY 5, 1986 547 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. Section 57. Provisions Relative to Section 24, Department of Industry and Trade. From the appropriation in Section 24 (Department of Industry and Trade) rela tive 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 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. Provided, that of the appropriation in Section 27, no funds for the payment of Medicaid Benefits may be expended for the purpose of reimbursing return-on-equity for hospitals. 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 the base for this payment shall be the eligible salary for teachers according to the Teacher Salary Index, before the assignment of Required Local Effort. The Department is authorized to assess no more than $124.18 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 Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize 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. It is the intent of this General Assembly that no portion of the above appropriation relating to Contract-Corps of Engineers (Tybee Island Beach Restoration) shall be expended prior to receipt of federal matching funds. It is also the intent of this General Assembly that subsequent funds needed for periodic maintenance of the restored beach shall not be provided for with state funds. Section 61. Provisions Relative to Section 30, Department of Corrections. Funds appropriated for county subsidy may be used either to supplement or supplant county funds, at the option of each county. 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. 548 JOURNAL OF THE HOUSE, 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 other wise 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 con tracts 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 gener ating 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 $850 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, $3,433,600 is designated and committed for the sole purpose of contracting for the production of at least 2,601,481 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 WEDNESDAY, FEBRUARY 5, 1986 549 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 Depart ment of Administrative Services. Grants to Counties for aid in county road construction and maintenance shall be distrib uted 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 mile age bears to the total public road mileage in the State, as such mileage information is fur nished 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 pay able 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. State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia. Of the above appropriation $1,200,000 is designated and committed for preliminary engi neering, location, environmental and traffic studies, and mapping for the Fall Line Free way, a multi-lane highway originating at Columbus and ending at Augusta. A route between Macon and Perry and a route through, or by way of, Macon shall be studied. Of the above appropriation $300,000 is designated and committed for preliminary engi neering, location, environmental and traffic studies, and mapping for the Golden Isles Parkway, from 1-75 along U.S. 341 to 1-95. 550 JOURNAL OF THE HOUSE, Of the amount authorized in the State of Georgia General Obligation Debt Sinking Fund, Section 80, $40,000,000 is dedicated and committed to the planning and construc tion of four lane highways in growth corridors as designated by the Governor through his Economic Development Council. 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 $6,246,629 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 ($6,111,629 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 Depart ment 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 main tain 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 appro priations 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 provi sions 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 specifi cally 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 Assem bly. 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. 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 Appropria tions Act. WEDNESDAY, FEBRUARY 5, 1986 551 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 con tinue programs currently funded entirely with Federal funds. Section 75. 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 insti tution 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 76. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly at the 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 whatso ever 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 trans fers. 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 Appropria tions 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 of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allo cation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers. Section 77. 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 552 JOURNAL OF THE HOUSE, Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget. Section 78. 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 79. The Office of Planning and Budget is hereby directed to economize wher ever 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 80. Provisions Relative to Section 43, State of Georgia General Obligation Debt Sinking Fund. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,682,750 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 connec tion therewith, of and for 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 $10,950,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $7,105,000 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improve ment 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 Building Authority through the issuance of not more than $29,000,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,648,900 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improve ment of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Depart ment of Natural Resources, for the project provided for in the "Georgia Agricultural Exposition Act" and pursuant to O.C.G.A. Section 12-3-484, through the issuance of not more than $14,990,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $4,802,000 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improve ment of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, for the Georgia State Prison Complex and for the Department of Corrections, through the issuance of not more than $19,600,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $6,615,000 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improve ment of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, for a new prison facil ity in the vicinity of Buford, Georgia, of and for the Department of Corrections through the issuance of not more than $27,000,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,063,700 is specifically appropriated for the purpose of WEDNESDAY, FEBRUARY 5, 1986 553 financing the acquisition, construction, development, extension, enlargement and improve ment of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Jekyll Island State Park Authority through the issuance of not more than $9,670,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,850,100 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improve ment 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 $25,910,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,832,500 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improve ment of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Depart ment of Natural Resources for the "Lake Lanier Islands" project provided for by O.C.G.A. Section 12-3-4 thorugh the issuance of not more than $25,750,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,852,200 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improve ment of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the State Board of Education (after July 1, 1986, the Board of Post Secondary Vocational Edu cation) for a new state-owned and operated postsecondary vocational technical school, through the issuance of not more than $7,560,000 in principal amount of General Obli gation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $710,500 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improve ment of area postsecondary vocational technical schools, including land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, to be disbursed as determined by the State Board of Education (after July 1, 1986, the State Board of Post Secondary Vocational Education) development, extention, enlargement and improvement of county and independent school systems throughout the State of Georgia, including land, property, school buildings, struc tures, equipment and facilities, both real and personal, necessary or useful in connection therewith, to be disbursed as determined by the State Board of Education, through the issuance of not more than $21,855,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking, $490,000 is specifically appropriated for the purpose of financing the purchase and installation of equipment for the Georgia Department of Administrative Services (by means of 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 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, $1,372,000 is specifically appropriated for the purpose of financing the purchase and installation of equipment for the Georgia Bureau of Investi gation (by means of 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 Department), through the issuance of not more than $5,600,000 in principal amount of General Obligation Debt. 554 JOURNAL OF THE HOUSE, Section 81. TOTAL STATE FUND APPROPRIATIONS State F.Y. 1986..............................................................................................$ 5,225,947,058.43. Section 82. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 83. All laws and parts of laws in conflict with this Act are repealed. The following Committee substitute was read: A BILL To amend an Act providing appropriations for the State Fiscal Year 1985-1986 known as the "General Appropriations Act," approved April 10, 1985 (Ga. L. 1985, p. 1521), as amended by an Act approved January 30, 1986 (Act No. 775, HB 1140), so as to change certain appropriations for the State Fiscal Year 1985-1986; to change the revenue estimate; 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. An Act providing appropriations for the State Fiscal Year 1985-1986, known as the "General Appropriations Act," approved April 10, 1985 (Ga. L. 1985, p. 1521), as amended by an Act approved January 30, 1986 (Act No. 775, HB 1140), is amended by striking everything following the enacting clause through Section 85, and by substituting in lieu thereof the following: "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 State Fiscal Year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a State fund revenue estimate of $4,972,000,000 for State Fiscal Year 1986. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch ........................................................................$ 18,308,851 Personal Services - Staff.......................................................................................$ 7,861,329 Personal Services - Elected Officials ..................................................................$ 2,386,700 Regular Operating Expenses ................................................................................$ 1,536,624 Travel-Staff .............................................................................................................$ 121,700 Travel - Elected Officials.............................................................................................$ 5,000 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing...............................................,........................................$ 532,800 Equipment Purchases...............................................................................................$ 464,022 Computer Charges ....................................................................................................$ 580,684 Real Estate Rentals ....................................................................................................$ 62,211 Telecommunications .................................................................................................$ 600,803 Per Diem, Fees and Contracts - Staff ..........................,........................................$ 560,690 Per Diem, Fees and Contracts - Elected Officials............................................$ 1,719,896 Postage........................................................................................................................$ 128,592 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 WEDNESDAY, FEBRUARY 5, 1986 555 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 3,145,820 3,145,820 Lt. Governor's Office $ 401,448 401,448 Secretary of the Senate's Office $ 968,417 968,417 Total $ 4,515,685 4,515,685 House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 6,944,155 6,944,155 Speaker of the House's Office $ 239,881 239,881 Clerk of the House's Office $ 1,073,901 1,073,901 Total $ 8,257,937 8,257,937 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office 2,111,767 2,111,767 Legislative Fiscal Office 1,412,442 ; 1,412,442 Legislative Budget Office 720,594 720,594 Ancillary Activities 1,290,426 . 1,290,426 Total 5,535,229 ; 5,535,229 For compensation, expenses, mileage, allowances, travel and benefits for members, offi cials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legis latures and the National Conference of Insurance Legislators and other legislative orga nizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; 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 activi ties; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst, Legislative Educational Research Council and for the Legis lative 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 equip ment, 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 556 JOURNAL OF THE HOUSE, paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appro priations. Section 2. Department of Audits. Budget Unit: Department of Audits ....................................................................$ 7,864,771 Operations Budget: Personal Services....................................................................................................! 7,676,610 Regular Operating Expenses ...................................................................................$ 240,000 Travel..........................................................................................................................! 665,000 Motor Vehicle Purchases ...........................................................................................$ 48,000 Publications and Printing..........................................................................................! 25,500 Equipment Purchases.................................................................................................! 12,250 Per Diem, Fees and Contracts..................................................................................! 12,000 Real Estate Rentals..................................................................................................! 238,490 Computer Charges....................................................................................................! 120,000 Telecommunications...................................................................................................! 45,000 Total Funds Budgeted..........................................................................................! 9,082,850 State Funds Budgeted...........................................................................................! 7,864,771 Total Positions Budgeted 212 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 .............................................................................$ 3,606,414 Section 5. Superior Courts. Budget Unit: Superior Courts .............................................................................$ 28,322.779 Operation of the Courts......................................................................................! 27,001,452 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..................................................................................! 640,621 Council Operations...................................................................................................! 552,486 WEDNESDAY, FEBRUARY 5, 1986 557 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 ................................................$ 104,325 PART III. EXECUTIVE BRANCH Section 10. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ................................$ 45,431,995 Administrative Services Budget: Personal Services..................................................................................................? 31,010,663 Regular Operating Expenses ................................................................................$ 7,214,022 Travel..........................................................................................................................$ 186,613 Motor Vehicle Equipment Purchases ....................................................................$ 378,330 Publications and Printing........................................................................................! 291,901 Equipment Purchases............................................................................................! 1,019,998 Computer Charges.................................................................................................! 7,457,828 Real Estate Rentals...............................................................................................! 2,819,982 Telecommunications.................................................................................................! 502,011 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 ...........................................................$ 3,594,032 Direct Payments to GeorgiaBuilding 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 ..........................................................$ 2,650,000 Comprehensive General Liability Reserve Fund ..............................................$ 2,500,000 Hazardous Materials Liability Reserve Fund....................................................! 1.000,000 Total Funds Budgeted ......................................................................................$ 123,241,072 State Funds Budgeted.........................................................................................! 45,431,995 Total Positions Budgeted 1,006 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 43 ! 7,037,255 ! 7,037,255 Treasury and Fiscal Adminis tration 30 ! 14,826,280 ! 12,981,140 Central Supply Administration 27 ! 8,604,348 ! -0- 558 JOURNAL OF THE HOUSE, Procurement Administration 52 $ 2,273,127 $ 2,273,127 General Services Administra tion 12 ! 512,821 ! -0- Space Management Adminis tration 12 ! 442,971 ! 442,971 Data Processing Services 540 ! 45,501,134 $ 16,369,000 Motor Vehicle Services 23 $ 2,267,469 ! -0- Communication Services 122 ! 34,007,611 $ 6,000,000 Printing Services 60 $ 4,578,652 $ -0- Surplus Property Services 40 ! 1,316,424 $ -0- Mail and Courier Services 11 $ 369,977 ! -0- Risk Management Services 28 ! 1,174,501 $ -0- Undistributed __0 $ ^! ^ Total 1,006 ! 123,241,072 $ 45,431,995 B. Budget Unit: Georgia Building Authority...........................................................--.--! -0- 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........................................................................................................! 3,800,000 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 ........................................................................................$ 30,219,201 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 542 Authorized Motor Vehicles 39 Section 11. Department of Agriculture. A. Budget Unit: Department of Agriculture......................................................$ 30,968,215 State Operations Budget: Personal Services..................................................................................................! 23,576,567 Regular Operating Expenses ................................................................................$ 2,233,472 Travel..........................................................................................................................! 848,358 Motor Vehicle Equipment Purchases....................................................................! 236,313 Publications and Printing........................................................................................! 604,546 Equipment Purchases...............................................................................................! 197,216 Computer Charges....................................................................................................! 170,000 Real Estate Rentals..................................................................................................! 601,167 Telecommunications.................................................................................................! 350,557 Per Diem, Fees and Contracts................................................................................! 287,910 WEDNESDAY, FEBRUARY 5, 1986 559 Market Bulletin Postage..........................................................................................$ 520,500 Payments to Athens and Tifton Veterinary Laboratories ....................................................................................$ 1,940,209 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro....................................$ 1,313,370 Veterinary Fees .........................................................................................................$ 639,750 Indemnities ..................................................................................................................$ 58,000 Bee Indemnities ..........................................................................................................$ 80,000 Advertising Contract ..................................................................................................$ 95,000 Payments to Georgia Agrirama Development Authority for Operations .....................................................................................$ 393,932 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets............................................................$ 1,835,000 Capital Outlay ........................................................................................................$ 2,435,000 Contract - Federation of Southern Cooperatives...................................................! 60,000 Tick Control Program ................................................................................................$ 50,000 Total Funds Budgeted ........................................................................................$ 38,526,867 State Funds Budgeted.........................................................................................! 30,968,215 Total Positions Budgeted 912 Authorized Motor Vehicles 276 Department of Agriculture Functional Budgets Pos. Total Funds State Funds Plant Industry 120 $ 5,855,983 ! 5,482,695 Animal Industry 56 ! 5,834,022 ! 5,467,135 Marketing 44 $ 2,224,649 ! 2,216,649 General Field Forces 113 ! 2,899,192 $ 2,899,192 Internal Administration 58 ! 3,328,198 $ 3,220,797 Information and Education 8$ 1,209,847 ! 1,209,847 Fuel and Measures 71 $ 2,042,837 ! 2,037,837 Consumer Protection Field Forces 155 $ 5,077,174 $ 4,112,424 Meat Inspection 122 $ 3,600,113 $ 1,452,943 Major Markets 106 $ 4,541,341 $ 1,387,674 Seed Technology 8$ 276,489 $ 25,000 Entymology and Pesticides 51 $ 1,637,022 $ 1,456,022 Undistributed _0 ! -0- $ -0; Total 912 ! 38,526,867 $ 30,968,215 B. Budget Unit: Georgia Agrirama Development Authority........................................-! -0Georgia Agrirama Development Authority Budget: Personal Services.......................................................................................................! 423,733 Regular Operating Expenses ...................................................................................$ 115,715 Travel..............................................................................................................................! 7,000 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing..........................................................................................! 14,064 Equipment Purchases...................................................................................................! 3,175 Computer Charges.............................................................................................................! -0- 560 JOURNAL OF THE HOUSE, Real Estate Rentals ..........................................................................................................$ -0- Telecommunications.....................................................................................................$ 8,000 Per Diem, Fees and Contracts ..................................................................................$ 27,270 Capital Outlay ...........................................................................................................$ 220,000 Goods for Resale .........................................................................................................I 73,500 Total Funds Budgeted .............................................................................................$ 892,457 State Funds Budgeted......................................................................................................$ -0- Total Positions Budgeted 28 Authorized Motor Vehicles 8 Section 12. Department of Banking and Finance. Budget Unit: Department of Banking and Finance ..........................................$ 4,494.594 Administration and Examination Budget: Personal Services....................................................................................................! 3,542,759 Regular Operating Expenses ...................................................................................$ 175,404 Travel..........................................................................................................................$ 277,043 Motor Vehicle Equipment Purchases....................................................................! 135,302 Publications and Printing..........................................................................................! 14,300 Equipment Purchases.................................................................................................! 14,926 Computer Charges....................................................................................................! 136,827 Real Estate Rentals..................................................................................................! 151,130 Telecommunications...................................................................................................! 44,903 Per Diem, Fees and Contracts ....................................................................................| 2,000 Total Funds Budgeted..........................................................................................! 4,494,594 State Funds Budgeted...........................................................................................! 4,494,594 Total Positions Budgeted 104 Authorized Motor Vehicles 30 Section 13. Department of Community Affairs. A. Budget Unit: Department of Community Affairs ..........................................f 6,134.703 State Operations Budget: Personal Services....................................................................................................! 4,036,325 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..................................................................................................! -0- Contracts with Area Planning and Development Commissions.......................................................................! 1,282,500 Local Assistance Grants...........................................................................................! 783,000 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. .......................................................................................^ -0- Total Funds Budgeted ........................................................................................$ 44,435,204 State Funds Budgeted...........................................................................................! 6,134,703 Total Positions Budgeted 106 Authorized Motor Vehicles 7 WEDNESDAY, FEBRUARY 5, 1986 561 Department of Community Affairs Functional Budgets Pos. Total Funds State Funds Executive and Administrative 18 3,247,431 $ 3,191,931 Technical Assistance 29 2,244,693 $ 1,049,994 Community and Economic Development 38 37,842,419 $ 1,136,394 Intergovernmental Assistance 18 Job Training Partnership Act 3 960,648 $ 140,013 $ 756,384 -0- Undistributed Total _0 ^$ Q_ 106 44,435,204 $ 6,134,703 B. Budget Unit: Authorities...............................................................................................! ^ Operations 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 ......................................................................................................IP 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 .............................................................,..........................$ 15,610,011 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; ? -0- Total 87 ? 15,610,011 ? -0- Section 14. Department of Corrections. A. Budget Unit: Departmental Operations.........................................................? 26,310,636 Departmental Operations Budget: Personal Services..................................................................................................? 10,267,004 Regular Operating Expenses ...................................................................................? 770,408 Travel..........................................................................................................................? 379,626 Motor Vehicle Equipment Purchases....................................................................? 809,800 Publications and Printing..........................................................................................? 62,400 Equipment Purchases...............................................................................................? 236,767 Computer Charges .................................................................................................? 1,513,485 Real Estate Rentals ...............................................................................................$ 1,106,277 Telecommunications.................................................................................................? 312,878 562 JOURNAL OF THE HOUSE, Per Diem, Fees and Contracts.............................................................................! 1,026,529 Utilities.........................................................................................................................$ 50,000 County Subsidy...............................,......................................................................! 7,542,000 County Subsidy for Jails..........................................................................................$ 493,092 Court Costs ................................................................................................................$ 353,000 Central Repair Fund ................................................................................................$ 564,800 Grants for County Workcamp Construction ........................................................$ 600,000 Local Jail Equipment Grants..........................................................................................$ -0- Grants for Local Jails...............................................................................................! 500,000 Payments to Georgia Correctional Industries ......................................................$ 391,700 Total Funds Budgeted ........................................................................................$ 26,979,766 Indirect DOAS Funding...........................................................................................! 450,000 State Funds Budgeted.........................................................................................! 26,310,636 Total Positions Budgeted 338 Authorized Motor Vehicles 92 Departmental Operations Functional Budgets Pos. Total Funds State Funds General Administration and Support 188 $ 11,315,056 $ 10,865,056 Adult Facilities and Programs 121 $ 14,121,865 $ 13,902,735 Training and Staff Develop ment 29 $ 1,542,845 $ 1,542,845 Undistributed __0 $ ^$ ^ Total 338 $ 26,979,766 $ 26,310,636 B. Budget Unit: Correctional Institutions, Transitional Centers and Support...............................................................! 154,527,489 Institutional Operations Budget: Personal Services................................................................................................! 104,745,416 Regular Operating Expenses ..............................................................................I 19,591,515 Travel............................................................................................................................! 92,817 Motor Vehicle Equipment Purchases.................................................................! 1,508,800 Publications and Printing..........................................................................................! 88,000 Equipment Purchases............................................................................................! 3,257,935 Computer Charges.............................................................................................................! -0Real Estate Rentals ..................................................................................................$ 294,430 Telecommunications........................................................................................,........! 961,823 Per Diem, Fees and Contracts................................................................................! 228,079 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..............................................................................................! 880,000 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................................................................................! 217,000 Minor Construction Fund........................................................................................! 802,401 Authority Lease Rentals ..........................................................................................$ 440,000 Capital Outlay ...........................................................................................................$ 911,000 Total Funds Budgeted ......................................................................................$ 156,131,489 WEDNESDAY, FEBRUARY 5, 1986 563 State Funds Budggeetteedd, tudgeted r Vehicles ectional Institutions, Transitional Centers, and Support Functional Budgets Pos. Total Funds Georgia Training and DDeevvelopment Center 70 $ 1,973,572 $ Georgia Industrial Institute 296 $ 7,768,403 $ Alto Education and Ev'aluation Center 39 $ 1,438,659 $ Georgia Diagnostic anid Classification Center 360 $ 8,644,692 $ Georgia State Prison 717 $ 17,569,617 $ Consolidated Branches 525 $ 13,734,480 $ Middle Georgia Correctional Institution 818 $ 19,569,308 $ Jack T. Rutledge Correctional Institution 148 $ 3,891,742 $ Central Correctional Inssttiitution 138 $ 3,425,090 $ Metro Correctional Institution 183 $ 4,367,715 $ Coastal Correctional Insititution 179 $ 4,383,393 $ Central Funds 7$ 11,857,999 $ D.O.T. Work Details 32 $ 678,428 $ Food Processing and Distri bution 210 $ 12,477,132 $ Farm Operations 39 $ 5,462,814 $ Dodge Correctional Instbituuttiion 143 $ 3,346,249 $ Transitional Centers 117 $ 3,487,679 $ Augusta Correctionail and Medical Institution 255 $ 5,774,632 $ Health Care 298 $ 19,913,503 $ Richard H. Rogers Correctional Institution 142 $ 3,577,227 $ Forsyth Correctional Institution 141 $ 2,685,155 $ Federal Grants 0$ 104,000 $ Undistributed 0$ -0- $ Total 4,857 $ 156,131,489 $ oard of Pardons and Paroles .... ind Paroles Budget: Personal Servicesi,.......................................... $ 154,527,489 4,857 389 State Funds 1,973,572 7,768,403 1,438,659 8,644,692 17,569,617 13,644,440 19,569,308 3,891,742 3,425,090 4,367,715 4,324,893 11,857,999 -0- 11,829,100 5,437,814 3,346,249 3,487,679 5,774,632 19,913,503 3,577,227 2,685,155 -0-0154,527,489 ....$ 13,768,207 $ 11,178.650 564 JOURNAL OF THE HOUSE, Regular Operating Expenses ...................................................................................$ 374,665 Travel..........................................................................................................................! 438,500 Motor Vehicle Equipment Purchases ......................................................................$ 50,000 Publications and Printing..........................................................................................! 41,774 Equipment Purchases...............................................................................................! 116,550 Computer Charges....................................................................................................! 159,214 Real Estate Rentals..................................................................................................! 770,219 Telecommunications.................................................................................................! 335,510 Per Diem, Fees and Contracts..................................................................................! 64,460 County Jail Subsidy .................................................................................................$ 248,425 Total Funds Budgeted ........................................................................................$ 13,777,967 State Funds Budgeted.........................................................................................! 13,768,207 Total Positions Budgeted 470 Authorized Motor Vehicles 31 D. Budget Unit: Georgia Correctional Industries...........................................................! -0- Georgia Correctional Industries Budget: Personal Services....................................................................................................! 2,272,330 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...........................................................................................................! 391,700 Total Funds Budgeted ........................................................................................$ 11,050,230 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 83 Authorized Motor Vehicles 19 E. Budget Unit: Division of Probations..............................................................! 30,948,726 Operations Budget: Personal Services..................................................................................................! 30,584,483 Regular Operating Expenses ...................................................................................$ 898,670 Travel..........................................................................................................................! 530,204 Motor Vehicle Equipment Purchases......................................................................! 19,000 Publications and Printing..........................................................................................! 90,950 Equipment Purchases...............................................................................................! 326,738 Computer Charges.............................................................................................................! -0- Real Estate Rentals..................................................................................................! 881,061 Telecommunications ..............................................................................,..................$ 452,350 Utilities.......................................................................................................................! 307,002 Per Diem, Fees and Contracts..................................................................................! 12,000 Capital Outlay...........................................................................................................! 200,800 Total Funds Budgeted ........................................................................................$ 34,303,258 State Funds Budgeted.........................................................................................! 30,948,726 Total Positions Budgeted 1,307 Authorized Motor Vehicles 122 Division of Probations Functional Budgets Pos. Total Funds State Funds Probation Administration 24 $ 750,485 $ 620,485 WEDNESDAY, FEBRUARY 5, 1986 565 Probation Field Operations 1,071 $ 27,461,887 $ 25,027,355 Diversion Centers 212 $ 6,090,886 $ 5,300,886 Undistributed __0 | ^$ -J Total 1,307 $ 34,303,258 $ 30,948,726 Section 15. Department of Defense. Budget Unit: Department of Defense..................................................................? 4,154,076 Operations Budget: Personal Services....................................................................................................? 5,797,865 Regular Operating Expenses ................................................................................$ 1,709,922 Travel............................................................................................................................? 61,820 Motor Vehicle Equipment Purchases......................................................................? 16,800 Publications and Printing..........................................................................................? 40,667 Equipment Purchases...............................................................................................? 348,820 Computer Charges......................................................................................................? 32,141 Real Estate Rentals......................................................................................................? 6,160 Telecommunications...................................................................................................? 78,058 Per Diem, Fees and Contracts................................................................................? 652,351 Utilities....................................................................................................................? 1,543,065 Grants to Locals - EMA (P&A) M/S..................................................................$ 1,160,025 Grants - Others.........................................................................................................? 337,782 Georgia Military Institute Grant..............................................................................? 18,000 Civil Air Patrol Contract...........................................................................................? 42,000 Capital Outlay.............................................................................................................? 14,026 Grants to Armories...................................................................................................? 477,500 Repairs and Renovations .........................................................................................$ 302,563 Total Funds Budgeted........................................................................................? 12,639,565 State Funds Budgeted...........................................................................................? 4,154,076 Total Positions Budgeted 228 Authorized Motor Vehicles 20 Department of Defense Functional Budgets Pos. Total Funds State Funds Office of the Adjutant General 22 ? 2,099,654 ? 869,623 Georgia Emergency Manage ment Agency 39 ? 2,318,459 $ 822,304 Georgia Air National Guard 74 ? 2,762,104 ? 362,398 Georgia Army National Guard 93 ? 5,459,348 $ 2,099,751 Undistributed __0 $ :P_i ? :f Georgia, so as to change the provisions relating to the mandatory retirement age for certain persons in the Uniform Division of the Department of Public Safety. SB 307. By Senator Kidd of the 25th: A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to the issuance of bad checks, so as to change certain penalty provisions applicable to the offense of criminal issuance of a bad check when a person issues a check, draft, or order on a bank or other depository when such person had no account with the bank or depository on which such instrument was drawn at the time such instrument was made, drawn, uttered, or delivered. SB 393. By Senator Cobb of the 28th: A bill to amend Code Section 40-5-100 of the Official Code of Georgia Anno tated, relating to identification cards for persons without drivers' licenses, so as to provide that cards issued to applicants under 21 years of age shall con tain certain distinctive characteristics. SB 411. By Senators Gillis of the 20th, Bryant of the 3rd, English of the 21st and others: A bill to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to preservation and promotion of his toric areas, generally, so as to provide legislative policy and additional powers and duties of the Department of Natural Resources relating to historic preservation. TUESDAY, FEBRUARY 11, 1986 781 SB 418. By Senator Kidd of the 25th: A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Anno tated, relating to personnel administration, so as to provide for a program of counseling assistance for state employees; to provide for a declaration of pur pose; to define the term "employee assistance"; to provide for program administration and coordination. SB 442. By Senator Barnes of the 33rd: A bill to amend Code Section 42-8-60 of the Official Code of Georgia Anno tated, relating to sentencing for first offenders, so as to provide for when a judge may enter an adjudication of guilt; to provide that the court shall not sentence a defendant as a first offender or discharge such defendant unless the court has reviewed the defendant's criminal record. SB 444. By Senators Greene of the 26th, Trulock of the 10th and Garner of the 30th: A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Anno tated, relating to living wills, so as to provide that a living will shall be in substantially a certain form; to provide that a living will shall be effective from the date of execution unless revoked in a manner prescribed in Code Section 31-32-5. SB 448. By Senator Cobb of the 28th: A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the clerks of superior courts, so as to repeal certain provisions which require the clerks of superior courts to furnish to the Georgia Bureau of Investigation records of convictions of sex crimes. SB 451. By Senators Bowen of the 13th, Cobb of the 28th, Harris of the 27th and others: A bill to amend Chapter 4 of Title 42 of the Official Code of Georgia Anno tated, relating to jails, so as to require jail officers to be certified peace offi cers or to complete successfully a training course in order to be eligible to serve as a jail officer in a detention facility; to define certain terms; to pro vide for administration by the Georgia Peace Officer Standards and Training Council. SB 454. By Senators Deal of the 49th, Barnes of the 33rd and Peevy of the 48th: A bill to amend Code Section 9-11-36, relating to requests for admission, so as to provide that a request for admission shall not duplicate an allegation of an original pleading; to provide that any request which duplicates such an allegation shall need no reply if the allegation is denied in the original responsive pleading. SB 455. By Senator Kidd of the 25th: A bill to amend Article 5 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Presidential Preference Primary Law," so as to change the provisions relating to the date of the presidential preference primary; to provide a date certain for the presidential preference primary; to change the provisions relating to the proclamation of the presi dential preference primary by the Governor. 782 JOURNAL OF THE HOUSE, SB 477. By Senators Kidd of the 25th and Cobb of the 28th: A bill to amend an Act amending Title 40 of the Official Code of Georgia Annotated, and providing for a motorcycle operator safety training program, approved March 21, 1984 (Ga. L. 1984, p. 644), so as to change a certain definition; to change provisions relating to the administration of the program; to provide duties for the Board of Public Safety. SB 463. By Senators Starr of the 44th and Cobb of the 28th: A bill to amend Code Section 40-8-21 of the Official Code of Georgia Anno tated, relating to the visibility and mounting of lights on vehicles, so as to require tail lights, brake lights, and turn signals to be mounted on wreckers or on vehicles being towed by wreckers so as to be visible to the drivers of vehicles following such wreckers. The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House: HB 1281. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th: A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, known as the "Financial Institutions Code of Georgia," so as to repeal the definition of the term "money"; to authorize the department to expend funds for the recruitment, training, and certification of a professional staff of financial examiners. The Senate has passed by the requisite constitutional majority the following Bill of the Senate: SB 415. By Senator Barnes of the 33rd: A bill to amend Code Section 10-1-255 of the Official Code of Georgia Anno tated, relating to civil actions for practices in the marketing of octane or cetane fuels which are unlawful under the "Below Cost Sales Act," so as to provide that a person who sustains a competitive injury may recover punitive damages in a specified amount; to provide that punitive damages shall not begin to accrue until certain conditions have been met. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 304. By Senator Kidd of the 25th: A bill to amend Article 8 of Title 47 of the Official Code of Georgia Anno tated, relating to provisions applicable to particular groups of employees under the Employees' Retirement System of Georgia, so as to change the provisions relating to the mandatory retirement age for certain persons in the Uniform Division of the Department of Public Safety. Referred to the Committee on Retirement. SB 307. By Senator Kidd of the 25th: A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to the issuance of bad checks, so as to change certain penalty provisions applicable to the offense of criminal issuance of a bad check when a person issues a check, draft, or order on a bank or other depository when TUESDAY, FEBRUARY 11, 1986 783 such person had no account with the bank or depository on which such instrument was drawn at the time such instrument was made, drawn, uttered, or delivered. Referred to the Committee on Judiciary. SB 393. By Senator Cobb of the 28th: A bill to amend Code Section 40-5-100 of the Official Code of Georgia Anno tated, relating to identification cards for persons without drivers' licenses, so as to provide that cards issued to applicants under 21 years of age shall con tain certain distinctive characteristics. Referred to the Committee on Motor Vehicles. SB 411. By Senators Gillis of the 20th, Bryant of the 3rd, English of the 21st and others: A bill to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to preservation and promotion of his toric areas, generally, so as to provide legislative policy and additional powers and duties of the Department of Natural Resources relating to historic preservation. Referred to the Committee on Natural Resources & Environment. SB 415. By Senator Barnes of the 33rd: A bill to amend Code Section 10-1-255 of the Official Code of Georgia Anno tated, relating to civil actions for practices in the marketing of octane or cetane fuels which are unlawful under the "Below Cost Sales Act," so as to provide that a person who sustains a competitive injury may recover punitive damages in a specified amount; to provide that punitive damages shall not begin to accrue until certain conditions have been met. Referred to the Committee on Judiciary. SB 418. By Senator Kidd of the 25th: A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Anno tated, relating to personnel administration, so as to provide for a program of counseling assistance for state employees; to provide for a declaration of pur pose; to define the term "employee assistance"; to provide for program administration and coordination. Referred to the Committee on State Planning & Community Affairs. SB 442. By Senator Barnes of the 33rd: A bill to amend Code Section 42-8-60 of the Official Code of Georgia Anno tated, relating to sentencing for first offenders, so as to provide for when a judge may enter an adjudication of guilt; to provide that the court shall not sentence a defendant as a first offender or discharge such defendant unless the court has reviewed the defendant's criminal record. Referred to the Committee on Judiciary. SB 444. By Senators Greene of the 26th, Trulock of the 10th and Garner of the 30th: 784 JOURNAL OF THE HOUSE, A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Anno tated, relating to living wills, so as to provide that a living will shall be in substantially a certain form; to provide that a living will shall be effective from the date of execution unless revoked in a manner prescribed in Code Section 31-32-5. Referred to the Committee on Judiciary. SB 448. By Senator Cobb of the 28th: A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the clerks of superior courts, so as to repeal certain provisions which require the clerks of superior courts to furnish to the Georgia Bureau of Investigation records of convictions of sex crimes. Referred to the Committee on Judiciary. SB 451. By Senators Bowen of the 13th, Cobb of the 28th, Harris of the 27th and others: A bill to amend Chapter 4 of Title 42 of the Official Code of Georgia Anno tated, relating to jails, so as to require jail officers to be certified peace offi cers or to complete successfully a training course in order to be eligible to serve as a jail officer in a detention facility; to define certain terms; to pro vide for administration by the Georgia Peace Officer Standards and Training Council. Referred to the Committee on Public Safety. SB 454. By Senators Deal of the 49th, Barnes of the 33rd and Peevy of the 48th: A bill to amend Code Section 9-11-36, relating to requests for admission, so as to provide that a request for admission shall not duplicate an allegation of an original pleading; to provide that any request which duplicates such an allegation shall need no reply if the allegation is denied in the original responsive pleading. Referred to the Committee on Judiciary. SB 455. By Senator Kidd of the 25th: A bill to amend Article 5 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Presidential Preference Primary Law," so as to change the provisions relating to the date of the presidential preference primary; to provide a date certain for the presidential preference primary; to change the provisions relating to the proclamation of the presi dential preference primary by the Governor. Referred to the Committee on State of Republic. SB 463. By Senators Starr of the 44th and Cobb of the 28th: A bill to amend Code Section 40-8-21 of the Official Code of Georgia Anno tated, relating to the visibility and mounting of lights on vehicles, so as to require tail lights, brake lights, and turn signals to be mounted on wreckers or on vehicles being towed by wreckers so as to be visible to the drivers of vehicles following such wreckers. Referred to the Committee on Motor Vehicles. TUESDAY, FEBRUARY 11, 1986 785 SB 477. By Senators Kidd of the 25th and Cobb of the 28th: A bill to amend an Act amending Title 40 of the Official Code of Georgia Annotated, and providing for a motorcycle operator safety training program, approved March 21, 1984 (Ga. L. 1984, p. 644), so as to change a certain definition; to change provisions relating to the administration of the program; to provide duties for the Board of Public Safety. Referred to the Committee on Motor Vehicles. SB 479. By Senator Dawkins of the 45th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 118 of the 1952 General Assembly and which was duly ratified at the 1952 general election (Ga. L. 1952, p. 545) and which relates to appointment of the Rockdale County school superintendent. Referred to the Committee on State Planning & Community Affairs - Local. SB 481. By Senator Dawkins of the 45th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 18 of the 1949 General Assembly and which was duly ratified at the 1950 general election (Ga. L. 1949, p. 2106) and which relates to election of the Rockdale County board of education. Referred to the Committee on State Planning & Community Affairs - Local. SB 486. By Senators Barnes of the 33rd, Harrison of the 37th, Tolleson of the 32nd and others: A bill to create the South Cobb County Courthouse Facilities Study Commis sion; to provide for the members of the commission and their selection and service; to provide that the duties of the commission shall be to undertake a study of the desirability and feasibility of locating a courthouse annex, satellite courthouse facilities, or other similar facilities in the southern part of Cobb County. Referred to the Committee on State Planning & Community Affairs - Local. SB 487. By Senators Barnes of the 33rd, Harrison of the 37th, Tolleson of the 32nd and others: A bill to amend an Act changing the boundaries of the seven education dis tricts of the Cobb County School District, approved March 28, 1974 ( Ga. L. 1974, p. 3516), as amended, particularly by an Act approved March 20, 1985 (Ga. L. 1985, p. 4007), so as to change the compensation of the chairman and other members of the board of education. Referred to the Committee on State Planning & Community Affairs - Local. 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: HB 1572. By Representatives Walker of the 115th, Chambless of the 133rd, Isakson of the 21st, Adams of the 36th and Townsend of the 24th: 786 JOURNAL OF THE HOUSE, A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to grant authority to the General Assembly to pro vide by local law for a form of governmental reorganization whereby the charter of a municipality is repealed in order for the county in which the municipality is located to succeed to the corporate powers, functions, rights, assets, and liabilities of the municipality. The following amendment was read and adopted: Representatives Walker of the 115th and Groover of the 99th move to amend HB 1572 by striking from line 11 on page 1 the words "becoming effective". By inserting between lines 23 and 24 on page 3 the following: "(1) A local law enacted pursuant to the authority of Code Section 36-68-2 shall pro vide for the creation of a special tax district consisting of the territory lying within the corporate boundaries of the municipality for the purpose of the successor county govern ment levying a tax therein sufficient to retire the bonded indebtedness of the municipal ity which was outstanding on the effective date of the repeal of the charter of the municipality;" By renumbering paragraphs (1) and (2) appearing in lines 24 through 34 on page 3 and lines 1 and 2 on page 4 as paragraphs (2) and (3), respectively. By striking from line 4 on page 4 the following: "(1)" and inserting in lieu thereof the following: "(2)" The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 105, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HR 330. By Representative Thompson of the 20th: A resolution designating the Colonel Mancel Newman Bridge. 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 105, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 1480. By Representative Birdsong of the 104th: A bill to amend Part 5 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the election, qualifications, etc., of county tax officials, so as to provide for the filling of a vacancy in the office of county tax receiver, tax collector, or tax commissioner; to provide for interim appointments; to provide for special elections. The following Committee substitute was read and adopted: TUESDAY, FEBRUARY 11, 1986 787 A BILL To amend Part 5 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the election, qualifications, etc., of county tax officials, so as to pro vide for the filling of a vacancy in the office of county tax receiver, tax collector, or tax commissioner; to repeal certain provisions relating to the filling of vacancies; to provide for the procedure for filling vacancies in the office of county tax receiver, tax collector, or tax commissioner; to provide for election returns; to provide for a commission by the Governor; to repeal certain provisions relating to holding certain elections in the event of a tie; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 5 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the election, qualifications, etc., of county tax officials, is amended by striking subsection (c) of Code Section 48-5-210, relating to the election and qualifications of county tax receivers, tax collectors, and tax commissioners, which reads as follows: "(c) Vacancies in the office of tax receiver, tax collector, or tax commissioner shall be filled as in cases of vacancies in the office of clerk of the superior court.", in its entirety. Section 2. Said part is further amended by adding at the end thereof a new Code section, to be designated Code Section 48-5-211, to read as follows: "48-5-211. (a) As soon as a vacancy occurs in the office of county tax receiver, tax collector, or tax commissioner, the judge of the probate court shall appoint a qualified person to discharge the duties of such officer until the vacancy is filled. (b) When a vacancy occurs and it is not more than six months from the time the election can be called by the county election superintendent and held until the existing term will expire, the person or persons appointed shall discharge the duties of the office for the balance of the term and there shall be no special election. (c) If from any sudden emergency there is a vacancy and a proper person cannot immediately be appointed, the judge of the probate court or his clerk shall act as county tax receiver, tax collector, or tax commissioner. (d) Except as provided in subsection (b) of this Code section, when a vacancy occurs, the election superintendent of the county where it occurs shall call and conduct a special election in the manner provided for in Chapter 2 of Title 21. (e) The person elected on such date shall hold office for the unexpired term. The returns of the election shall be made to the Secretary of State. Such person shall be commissioned by the Governor." Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 97, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1560. By Representatives Thomas of the 69th, Cummings of the 17th and Lee of the 70th: A bill to amend Part 1 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to powers of state and local school offi cials regarding school buses, so as to authorize local school officials to allow 788 JOURNAL OF THE HOUSE, the use of buses for other than school purposes under certain stated condi tions. The following Committee substitute was read and adopted: A BILL To amend Part 1 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to powers of state and local school officials regarding school buses, so as to authorize local school officials to allow the use of buses for 4-H activities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 1 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to powers of state and local school officials regarding school buses, is amended by striking in its entirety Code Section 20-2-1074, relating to the trans portation of the elderly and handicapped on school buses, and inserting in its place a new Code Section 20-2-1074 to read as follows: "20-2-1074. Notwithstanding any other provisions of law to the contrary, including Code Section 20-2-411, county and independent school systems may use school buses to provide transportation for the elderly and i the handicappedj and 4-H activities if the cost of such transportation is reimbursed in full from federal, state, local, or other funds other than Section 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 114, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1507. By Representatives Thomas of the 69th, Copelan of the 106th, Porter of the 119th and Lawson of the 9th: A bill to amend the Official Code of Georgia Annotated so as to change the title of the Comptroller General to Commissioner of Insurance in various Code sections throughout the Official Code of Georgia Annotated; to provide for the election, bond, compensation, powers, duties, employees, and seal of the Commissioner of Insurance. The report 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 1556. By Representatives Selman of the 32nd, Couch of the 40th and Lane of the 27th: A bill to amend Code Section 33-16-14 of the Official Code of Georgia Anno tated, relating to the the maximum amount of insurance that a farmer's mutual fire insurance company may retain on a subject of insurance exposed to loss from the same fire, so as to increase the maximum limits of risk. TUESDAY, FEBRUARY 11, 1986 789 The report 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 1488. By Representative Bostick of the 138th: 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 annual training requirements for each county tax collector or tax commissioner; to provide that failure to comply with such training requirements may subject a tax collector or tax commissioner to removal from office. The following Committee substitute was read and adopted: 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 annual training requirements for each county tax collector or tax commissioner; to provide that failure to comply with such training requirements may subject a tax collector or tax commissioner to removal from office; 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 striking Code Section 48-5-126.1 in its entirety and inserting in lieu thereof a new Code Section 48-5-126.1 to read as follows: "48-5-126.1. (a) (1) It shall be the responsibility of each county tax collector or tax commissioner in this state who has never served in such office prior to January 1, 1982, to attend 40 hours of training classes pertaining to all areas of county taxation, particularly property taxation and motor vehicle titling and registration, during the initial term of office served by such local tax official. fb)--ft) (2) Of the 40 hours of required training classes, 20 hours of such classes shall be attended during the period between the election of the local tax official and the date such official assumes office. {2} (3) The remaining 20 hours of required training classes shall be attended during the first year of the local tax official's initial term of office (unless sickness, emergency, or some other unforeseen circumstance prohibits attendance during that year) at the seminar on county taxation and related matters held at the University of Georgia under the supervision of the Georgia Center for Continuing Education. {e} (b) In the event a county tax collector or tax commissioner who has never served in such office prior to January 1, 1982, assumes the office during a regular term of office, such local tax official shall be required to obtain special training and instruc tion from the Motor Vehicle and Property Tax Divisions of the Department of Revenue in lieu of the training requirements of subsection fb) (a) of this Code section. (c) Beginning January 1^ 1987, each county tax collector or tax commissioner shall be required to attend 15 hours of training classes on county taxation and related matters during each year of service as a county tax collector or tax commissioner. For the pur poses of satisfying the requirements of this subsection, credit will be given for attend ance of the county taxation seminar conducted by the University of Georgia under the supervision of the Georgia Center for Continuing Education or any seminar on county taxation conducted by the Department of Revenue. (d) The costs of attending the training classes required by this Code section shall be met by the payment of registration fees by each local tax official attending such classes. Each local tax official shall be reimbursed by his county for the amount of such fees. 790 JOURNAL OF THE HOUSE, (e) The instructors for the training classes required by this Code section shall consist of representatives of the Department of Revenue, the Georgia Association of Tax Offi cials, the Georgia Center for Continuing Education, and any other qualified persons with expertise in the field of county taxation. (f) The commissioner may adopt and enforce reasonable rules and regulations gov erning the establishment and administration of the training classes provided for by this Code section. (g) The commissioner is authorized to work with officials and personnel of the Georgia Center for Continuing Education in establishing the training classes to be held at that institution. (h) Any county tax collector or tax commissioner who, without good cause such as sickness or other emergency, fails to comply with the training requirements of this Code section may be subject to removal from office by the Governor." Section 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 97, nays 6. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1508. By Representatives Thomas of the 69th, Copelan of the 106th, Porter of the 119th and Lawson of the 9th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change all references to the Comptroller General contained in Title 47 to Commissioner of Insurance. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 108, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1465. By Representatives Peters of the 2nd, Ramsey of the 3rd, Foster of the 6th, Williams of the 6th, Hays of the 1st and others: A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Anno tated, relating to county boards of health, so as to authorize and require county boards of health to adopt regulations providing standards and requirements governing the installation of septic tanks within the unincor porated areas of counties. The report 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 following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: TUESDAY, FEBRUARY 11, 1986 791 HB 1497. By Representatives Smith of the 78th and Dunn of the 73rd: A bill to provide for the collection of additional costs in cases before the Magistrate Court of Henry County as law library fees. The following Senate substitute was read: A BILL To provide for the collection of additional costs in cases before the Magistrate Court of Henry County as law library fees; to provide for the amount of such fees; to provide for certain procedures relating to the collection and remittance of such fees; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) The collection of additional costs in cases before the Magistrate Court of Henry County shall be made for the benefit of the Henry County Law Library. The amount of such fees shall not exceed $3.00. The amount of such fees shall be deter mined by the chief judge of the Superior Court of Henry County. (b) The clerk of the Magistrate Court of Henry County shall collect the law library fees and remit the same each month to the treasurer of the board of trustees for the law library. Section 2. All laws and parts of laws in conflict with this Act are repealed. Representative Smith of the 78th moved that the House agree to the Senate substitute to HB 1497. 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 House and Senate were taken up for consideration and read the third time: SB 109. By Senator Kidd of the 25th: A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Anno tated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receiving benefits under this chapter or who may become eligible for benefits in the future. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 106, nays 5. The Bill, having received the requisite constitutional majority, was passed. Representative Wall of the 61st wished to be recorded as voting "nay" on the passage of SB 109. HB 1594. By Representatives Wood of the 9th and Auten of the 156th: A bill to amend Code Section 33-7-6 of the Official Code of Georgia Anno tated, relating to property insurance, so as to authorize certain surplus line 792 JOURNAL OF THE HOUSE, insurers and certain corporate surety insurers to underwrite or guarantee cer tain homeowner warranty agreements. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 104, nays 2. The Bill, having received the requisite constitutional majority, was passed. HB 1573. By Representatives Dobbs of the 74th, Colwell of the 4th, Hays of the 1st and Cox of the 141st: A bill to amend Code Section 50-16-161 of the Official Code of Georgia Annotated, relating to the applicability to movable personal property of the Central Inventory of Personal Property maintained by the Department of Administrative Services, so as to change the applicability of such laws; to change the provisions relating to acquisition costs; to change the provisions relating to including additional items in an agency's personal property inven tory. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 104, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 152. By Senator Kidd of the 25th: A bill to amend Chapter 4 of Title 37 of the Official Code of Georgia Anno tated, relating to habilitation of mentally retarded persons, so as to change the provisions relating to definitions; to change certain cross-references; to change certain provisions relating to the discharge of mentally retarded per sons. The report 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 3. The Bill, having received the requisite constitutional majority, was passed. HB 1638. By Representatives Colwell of the 4th and Hays of the 1st: A bill to amend Code Section 42-5-59 of the Official Code of Georgia Anno tated, relating to the employment of inmates in the community, so as to pro vide that the commissioner of corrections may make deductions from the income of those inmates authorized to work at paid employment for any necessary medical expenses incurred by the Department of Corrections on behalf of such inmates. The report 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. TUESDAY, FEBRUARY 11, 1986 793 HB 1462. By Representative Triplett of the 128th: A bill to amend Part 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, so as to expand the powers of the foundation to include research and experimen tation and production and manufacture with respect to natural and synthetic fibers and materials. The report 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 1579. By Representatives Bishop of the 94th, Dixon of the 151st and Walker of the 85th: A bill to amend Chapter 4 of Title 3 of the Official Code of Georgia Anno tated, relating to the regulation of distilled spirits, so as to provide that cer tain municipalities may authorize the manufacture, sale, or distribution of distilled spirits or the sale of distilled spirits by the drink for consumption only on the premises; to provide procedures for such authorization. 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 N Adama.G N Adams.M N Aiken Y Alford Y Alien N Anderson Y Argo Y Athon N Atkins Y Auten Bailey N Balkcom N Bannister N Bargeron N Barnett,B N Barnett.M Y Beck Benefield YBenn N Birdsong Y Bishop Bolster Bostick N Branch Bray Y Brooks Y Brown.G YBuck Burruss NByrd N Carter Y Chambless Chance Cheeks N Childers Childs Y Clark.B N Clark,L N Colbert N Coleman N Colwell Y Connell N Cooper N Copelan Y Couch Cox N Crawford Y Crosby N Cummings Daugherty N Davis YDean Y Dixon N Dobbs N Dover NDunn Y Edwards N Felton Y Floyd N Foster Y Galer NGodbee N Goodwin N Greene N Greer Y Groover N Hamilton Hanner Y Harris N Hasty Hays N Heard NHill Holcomb Y Holmes Hooks Y Home N Hudson NIsakson N Jackson,J N Jackson.N N Jamieson Y Johnson.D N Johnson,F N Johnson.R Y Johnson,S N Kilgore N Kingston N Lane.D N Lane.R N Lawler N Lawrence Lawson Lee.C YLee,W N Under N Logan NLong NLord Y Lucas Lupton Y Maddox Y Mangum Y Martin.C Martin,J Matthews Y McDonald N McKelvey Y McKinney NMilam N Milford N Moody N Moore N Morton Mostiler N Moultrie N Mueller Y Oliver.C Y Padgett Y Pannell YParham N Parrish Patten N Peters Y Pettit Phillips Pinkston N Porter N Rainey Y Ramsey.T Y Ramsey.V YRandall N Ransom YRay N Reaves Y Redding Richardson N Robinson.C Y Robinson,P Ross N Royal Russell Selman On the passage of the Bill, the ayes were 54, nays 85. Shepard N Sherrod Y Sinkfield Sizemore N Smith,L N Smith,P N Smith.T YSmyre N Stancil Y Steinberg Y Thomas,C Thomas.M Thompson Townsend N Triplett NTwiggs N Waddle N Waldrep Y Walker.C Y Walker.L N Wall Ware N Watson N Watts White N Wilder N Williams,B Williams,,! Williams.R Y Wilson Y Wood Workman N Yesrgin Young Murphy.Spkr 794 JOURNAL OF THE HOUSE, The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Bishop of the 94th 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 1579. The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: HB 156. By Representatives Edwards of the 112th and Dunn of the 73rd: A bill to amend Code Section 43-9-16 of the Official Code of Georgia Anno tated, relating to the scope of practice of chiropractors, so as to change the scope of practice of chiropractic. The following Senate amendment was read: By inserting between line 25 and 26 the following: "(C)" Chiropractors who have complied with this chapter may utilize those electric therapeutic modalities described in 43-9-16 (b), provided the chiropractor shall have com pleted a course of study containing a minimum of 120 hours of instruction in the proper utilization of those procedures in accordance with the guidelines set forth by the Council on Chiropractic Education or its successor and is qualified and so certified in that proper utilization." By striking on line 26 of page 1 "(c)" and inserting in its place the following: "(d)" By striking on line 3 of page 2 "(d)" and inserting in its place the following: "(e)" By striking on line 6 of page 2 "(e)" and inserting in its place the following: "(f)" By striking on line 11 of page 2 "(f)" and inserting in its place the following: "(g)" By inserting on line 18 of page 2 between "constitutes" and "the" the following: "a standard procedures of By inserting on line 21 of page 2 between "X-Ray," and "the" the following: TUESDAY, FEBRUARY 11, 1986 795 "under similar circumstances" By inserting on line 24 of page 2 after the word "acts" the following: "under similar conditions and like circumstances." Representative Edwards of the 112th moved that the House agree to the Senate amendment to HB 156. 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 Athon Atkins Auten Y Bailey Y Balkcom Bannister Y Bargeron Y Barnett.B Harriett,M YBeck Benefield Benn Y Birdsong Y Bishop Bolster Y Bostick Y Branch Bray Y Brooks Brown.G YBuck Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childere Y 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 Davis YDean Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Holmes Hooks Home Hudson Y Isakson 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 Lawson YLee.C Y Lee.W Y Under YLogan YLong YLord Lucas Lupton Y Maddox Y Mangum Y Martin.C Martin,J Y Matthews McDonald On the motion, the ayes were 129, nays 0. The motion prevailed. Y McKelvey Y McKinney Y Milam Y Milford Y Moody Y Moore Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Patten Y Peters Pettit Phillips Pinkston Y Porter Y Rainey Y Ramsey,T Ramsey.V YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,P Ross Y Royal Russell Selman Shepard Y Sherrod Y Sinkfield Sizemore Y Smith.L Smith.P Y Smith,T YSmyre Stancil Y Steinberg Y 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 Y Wilder Y Williams.B Williams.J Williams,R Y Wilson Y Wood 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 vote "aye" thereon. HB 1270. By Representatives Wilson of the 20th, Kilgore of the 42nd, Burruss of the 20th, Sizemore of the 136th, Crosby of the 150th and others: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxation, so as to provide that the sale and use of hearing aids shall be exempt from sales and use taxation. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 796 JOURNAL OF THE HOUSE, On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Y Adaras.G Adams.M N Aiken Y Alford Y Alien Y Anderson Argo Athon Y Atkins N Auten N Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M Beck Benefield YBenn Y Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G YBuck 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 Daugherty Y Davis YDean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer N Groover Y Hamilton Manner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson.D N Johnson,F N Johnson,R Y Johnson,S Y Kilgore N Kingston YLane,D YLane.R Y Lawler Y Lawrence Lawson Y Lee.C N Lee.W Y Linder Y Logan YLong YLord Y Lucas Lupton Y Maddoi Y Mangum Y Martin.C Y Martin,J Y Matthews N McDonald Y McKelvey McKinney N Milam N Milford Y Moody Y Moore N Morton Mostiler Y Moultrie Y Mueller N Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Y Pettit Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Ramsey.V Y Randall Y Ransom Ray Y Reaves Y Redding Y Richardson Robinson,C Y Robinson,P Ross Y Royal Russell Y Selman On the passage of the Bill, the ayes were 131, nays 17. The Bill, having received the requisite constitutional majority, was N Shepard Y Sherrod Y Sinkfield Sizemore Y Smith.L Y Smith,? Y Smith.T YSmyre N Stancil Y Steinberg Y Thomas.C Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L YWall Ware N Watson Watts White N Wilder Y Williams.B Williams,J Y Williams.R Y Wilson YWood Y Workman Y Yeargin Young Murphy,Spkr The following Resolution of the House, favorably reported by the Committee on Rules, was read: HR 694. By Representative Lee of the 72nd: A RESOLUTION Amending the Rules of the House of Representatives; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that House Rule 23 is amended by adding at the end thereof the following: "Whenever the Speaker is not presiding, the Speaker may be recognized at the desk of the Speaker Pro Tempore or at the desk of the Majority Leader of the House of Representatives.", so that when so amended Rule 23 shall read as follows: "Rule 23. During a day's session, the Speaker or Speaker Pro Tempore when acting as Speaker may name any member to perform the duties of the chair during any part of that day. Whenever the Speaker is not presiding, the Speaker may be recognized at the desk of the Speaker Pro Tempore or at the desk of the Majority Leader of the House of Representatives." TUESDAY, FEBRUARY 11, 1986 797 The following substitute, offered by Representatives Groover of the 99th, Connell of the 87th and Lee of the 72nd, was read and adopted: A RESOLUTION Amending the Rules of the House of Representatives; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that House Rule 23 is amended by adding at the end thereof the following: "Whenever the Speaker is not presiding, the Speaker may be recognized at any desk.", so that when so amended Rule 23 shall read as follows: "Rule 23. During a day's session, the Speaker or Speaker Pro Tempore when acting as Speaker may name any member to perform the duties of the chair during any part of that day. Whenever the Speaker is not presiding, the Speaker may be recognized at any desk." 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 Y Aiken Y Alford Y Alien Y Anderson Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Benefield YBenn Birdsong Y Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G 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 Daugherty Y Davis YDean Y Dixon YDobbs Y Dover Dunn Y Edwards Y Felton Floyd Y Foster Y Galer YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Banner Y Harris Y Hasty YHays Y Heard Hill Y Holcomb Y Holmes 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 Lawson Y Lee,C Y Lee.W Y Under YLogan YLong YLord Y Lucas Lupton Y Maddox Y Mangum Y Martin.C Martin,J Y Matthews McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Y Pettit Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall 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 Y Sinkfield 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 YTwiggs Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Williama.B 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 150, nays 0. The Resolution was adopted, by substitute. The following Bill of the House was taken up for the purpose of considering the Senate's rejection of the report of the first Committee of Conference and the appointment of the second Committee of Conference thereon: HB 80. By Representatives Thompson of the 20th, Cooper of the 20th, Cummings of the 17th and Burruss of the 20th: 798 JOURNAL OF THE HOUSE, 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 tax payers shall be confidential and shall not be disclosed by boards of tax asses sors; to provide that such materials may be disclosed as necessary in tax collection proceedings. Representative Thompson of the 20th moved that the first Committee of Conference on HB 80 be dissolved and that a second Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a second Committee of Conference on the part of the House the following members: Representatives Thompson of the 20th, Crosby of the 150th and Johnson of the 72nd. The following Resolutions of the House were read and adopted: HR 711. By Representatives Wood of the 9th, Lawson of the 9th and Jackson of the 9th: A resolution commending Chadwick Shane Barnes. HR 712. By Representatives Dean of the 29th, Thomas of the 31st, Sinkfield of the 37th and others: A resolution relative to slumlords of the City of Atlanta. HR 713. By Representatives Walker of the 85th and Padgett of the 86th: A resolution commending the Georgia Recreation and Park Society. The following Resolution of the House was read and referred to the Committee on Rules: HR 714. By Representatives Lane of the lllth and Godbee of the 110th: A resolution inviting Head Coach Erk Russell and the members of the Eagles football team of Georgia Southern College to appear before the House of Representatives. 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 390. By Senators Greene of the 26th, Stumbaugh of the 55th and Walker of the 43rd: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Anno tated, known as the "Georgia Motor Vehicle Accident Reparations Act," so TUESDAY, FEBRUARY 11, 1986 799 as to extensively revise the penalties for failure to comply with the require ments for motor vehicle insurance. 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. 800 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Wednesday, February 12, 1986 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 Lee Roy Hall, Pastor, First Baptist Church, Cuthbert, 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 intro duced, read the first time and referred to the committees: HB 1755. By Representative Smith of the 78th: A bill to amend an Act creating a new charter for the City of Jackson, so as to provide that the territory of the city shall be divided into five districts; to provide that the municipal government and control of the city shall be vested in a mayor and five council members. Referred to the Committee on State Planning & Community Affairs - Local. HB 1756. By Representatives Moody of the 153rd, Byrd of the 153rd and Phillips of the 120th: A bill to amend an Act creating the State Court of Toombs County, so as to change compensation of the judge and solicitor of the court; to provide for clerical assistance to the judge and solicitor. Referred to the Committee on State Planning & Community Affairs - Local. HB 1758. By Representatives Moody of the 153rd, Byrd of the 153rd and Smith of the 152nd: WEDNESDAY, FEBRUARY 12, 1986 801 A bill to abolish 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; to provide in lieu thereof annual compen sation for such officers; to provide that all fees, costs, or other emoluments of each of such officers shall become the property of the county, with certain exceptions. Referred to the Committee on State Planning & Community Affairs - Local. HB 1759. By Representatives Benn of the 38th, Dean of the 29th, McKinney of the 35th, Holmes of the 28th, Lucas of the 102nd and others: A bill to amend Code Section 35-3-37 of the Official Code of Georgia Anno tated, relating to inspection of criminal records and the purging, modifying, or supplementing of criminal records, so as to provide that any person arrested or indicted for a crime and subsequently released without charge, not prosecuted, or cleared of the offense through court proceedings shall be entitled to have any criminal records relative to such case purged. Referred to the Committee on Judiciary. HB 1760. By Representative Long of the 142nd: A bill to amend an Act incorporating the City of Cairo, so as to provide for a mayor and council members; to provide residence requirements and other qualifications for candidates for mayor and council members. Referred to the Committee on State Planning & Community Affairs - Local. HB 1761. By Representative Balkcom of the 140th: A bill to amend an Act changing the method of selecting the members of the board of education of Miller County, so as to reapportion the education dis tricts in said county. Referred to the Committee on State Planning & Community Affairs - Local. HB 1762. By Representative Balkcom of the 140th: A bill to amend an Act creating the State Court of Miller County, so as to change the salary of the judge and the solicitor of said court. Referred to the Committee on State Planning & Community Affairs - Local. HB 1763. By Representatives Watson of the 114th and Waddle of the 113th: A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, 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," as now or hereafter amended, and provide for certain such powers. Referred to the Committee on State Planning & Community Affairs - Local. HB 1764. By Representative Royal of the 144th: A bill to amend an Act creating a new charter for the City of Camilla, so as to provide for two voting districts, with three councilmen to be elected 802 JOURNAL OF THE HOUSE, from each district; to provide qualifications; to provide for elections by the voters from such districts. Referred to the Committee on State Planning & Community Affairs - Local. HR 715. By Representatives Birdsong of the 104th, Waldrep of the 80th, Rainey of the 135th, Groover of the 99th, Copelan of the 106th and others: A resolution creating the Property Damage by Deer Study Committee. Referred to the Committee on Rules. HR 716. By Representatives Childers of the 15th, Chambless of the 133rd, Walker of the 115th, Benefield of the 72nd and Hooks of the 116th: A resolution requesting the Governor to create the Task Force on Funding of Indigent Health Care Programs. Referred to the Committee on Rules. HR 717. By Representatives Cummings of the 17th, Murphy of the 18th, Connell of the 87th, Wilson of the 20th, Lawler of the 20th and others: A resolution designating the English language as the official language of the State of Georgia. Referred to the Committee on Education. 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 1783. By Representatives Bolster of the 30th and Dover of the llth: A bill to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions and tax deferrals, so as to provide that the Department of Industry and Trade shall annually recommend to the General Assembly proposed development districts; to pro vide that proposed development districts shall be areas in need of commer cial development or with unrealized potential for commercial development. Referred to the Committee on Ways & Means. HB 1784. By Representative Pinkston of the 100th: A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to banking and finance, so as to define certain terms; to permit a bank exercising trust powers to transfer fiduciary responsibilities to an affiliated trust company. Referred to the Committee on Banks & Banking. HB 1790. By Representatives Bolster of the 30th, McKinney of the 35th, Adams of the 36th, Benn of the 38th, Sinkfield of the 37th and others: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for a governmental reorganization study commission in each county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future WEDNESDAY, FEBRUARY 12, 1986 803 such census and for certain municipalities located wholly or partially within any such county. Referred to the Committee on Rules. HB 1793. By Representatives Thomas of the 69th, Copelan of the 106th and Murphy of the 18th: A bill to amend Chapter 1 of Title 22 of the Official Code of Georgia Anno tated, relating to general provisions affecting eminent domain, so as to pro vide for the payment by the condemnor of reasonable expenses, including attorney's fees, incurred by the condemnee in determining just and adequate compensation; to provide for the payment of expenses in original proceed ings. Referred to the Committee on Judiciary. HR 718. By Representatives Bolster of the 30th, Williams of the 6th, Dover of the llth and Crosby of the 150th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide a procedure for the creation of development districts for the promotion of commercial development through ad valorem tax incentives. Referred to the Committee on Ways & Means. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1723 HB 1724 HB 1725 HB 1726 HB 1727 HB 1728 HB 1729 HB 1730 /ol HB 1732 HB 1733 HHBB 11773345 HB 1736 HB 1737 HB 1753 HB 1754 HB 1757 HR 690 HR 691 HR 692 HR 693 HR 707 UTR *7ftft jjp ^gg up 7in TM SB TM 304 cn QQQ SB 393 HHHRiBs m1L7I A4l!0y HB 1741 HB 1742 HrHlBRB 11177/44A.431 HB 1745 HB 1746 HB 1747 HB 1748 HB 1749 HB 1750 HB 1751 HB 1752 SfO,IBB;1 44.11,,,58 SB 442 QR *** QSBKD 44, 45K181 SB 454 4bt> bB 463 SB 477 SB 479 SB 481 SB 486 SB 487 804 JOURNAL OF THE HOUSE, Representative Thomas of the 69th District, Acting 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 1283 Do Pass, by Substitute HB 1361 Do Pass, by Substitute HB 1696 Do Pass HB 1571 Do Pass, as Amended Respectfully submitted, /s/ Thomas of the 69th Acting 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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 203 Do Pass, by Substitute HB 1444 Do Pass, as Amended HB 1321 Do Pass, by Substitute HB 1610 Do Pass, as Amended HB 555 Do Pass, by Substitute SR 340 Do Pass Respectfully submitted, /s/ Jackson of the 9th Chairman Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 662 Do Pass Respectfully submitted, /s/ Lee of the 72nd Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1435 Do Pass, by Substitute SB 352 Do Pass SB 420 Do Pass, as Amended WEDNESDAY, FEBRUARY 12, 1986 805 Respectfully submitted, /s/ 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 of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1582 Do Pass, as Amended HB 1689 Do Pass HB 1691 Do Pass HB 1692 Do Pass HB 1698 Do Pass HB 1699 Do Pass HB 1701 Do Pass HB 1702 Do Pass HB 1703 Do Pass HB 1704 Do Pass HB 1710 Do Pass HB 1711 Do Pass HB 1717 Do Pass HB 1720 Do Pass HB 1721 Do Pass HB 1722 Do Pass SB 367 Do Pass Respectfully submitted, /s/ Adams of the 36th Chairman Representative Triplett of the 128th District, Chairman of the Committee on Trans portation, submitted the following report: Mr. Speaker: Your Committee on Transportation 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 1713 Do Pass HB 1712 Do Pass HB 1617 Do Pass HB 1304 Do Pass, by Substitute Respectfully submitted, /s/ Triplett of the 128th 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 has instructed me to report the same back to the House with the follow ing recommendations: HB 216 Do Pass, by Substitute HB 1445 Do Pass HB 1584 Do Pass, by Substitute HB 1663 Do Pass Respectfully submitted, /s/ Wilson of the 20th Chairman 806 JOURNAL OF THE HOUSE, The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 12, 1986 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enumerated below: HB 49 HB 182 HB 466 HB 788 HB 806 HB 1109 HB 1156 HB 1187 HB 1294 HB 1297 HB 1316 HB 1329 HB 1416 HB 1439 HB 1471 HB 1500 HB 1644 HB 1695 State Bd. of Ed.: Health Improvement Prog.: Establish Augusta Judicial Circuit: Add Judge Law Enforcement: Marking on Vehicles State Employment: Interdepartmental Transfer Habersham Cty.: Sch. Tax Exemp.: Elderly/Dis.: Ext. Const. AM Firearms: Stun Gun Or Taser: Definition Stone Mountain Judicial Circuit: Add Judge Venereal Diseases: Include Aids Sales Tax Exemp.: Fuel For Poultry Structures Insulin/Insulin Syringes: Sales Tax Exemption Medical Malpractice Claims: Investigation Coroners: Release Records to Other States Teachers: Jury Leave Certain Cases Promotional Contests/Giveaways: Lotteries: Defin. Municipalities: Immunity From Liability University of Georgia: Special License Plates Superior Courts: Fees General Assembly Members: Cert. Expenses: Reimbursement HR 470 GBI: Designate Phil Peters Building HR 588 Roland Hayes Parkway: Designate SB 186 Northeastern Judicial Circuit: Add Judge SB 264 Piedmont Judicial Circuit: Add Judge SR 289 Cave Spring, City of: 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 1582. By Representatives Moody of the 153rd, Byrd of the 153rd and Phillips of the 120th: A bill to amend an Act creating the board of commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010) as amended, so as to change the compensation of the chairman and other members of the board of commissioners. The following amendment was read and adopted: The Committee on State Planning & Community Affairs moves to amend HB 1582 by striking the figure "$20,000.00" on line 30 of page 2 and inserting in its place the figure "$12,500.00". WEDNESDAY, FEBRUARY 12, 1986 807 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 1689. By Representatives Thompson of the 20th, Cooper of the 20th, Wilson of the 20th, Atkins of the 21st, Wilder of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for a homestead exemption for residents of the City of Austell in an amount to be fixed by the governing authority of the city at not more than $1,000.00 from all City of Austell ad valorem taxes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1691. By Representatives Thompson of the 20th, Cooper of the 20th, Wilson of the 20th, Atkins of the 21st, Wilder of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Austell to grant a discount from ad valorem taxes levied by the city for prompt payment of such taxes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1692. By Representatives Thompson of the 20th, Cooper of the 20th, Wilson of the 20th, Atkins of the 21st, Wilder of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Austell to grant a homestead exemption in the amount of $2,000.00 from all ad valorem taxes levied by the city for certain persons aged 65 or over. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1698. By Representatives Pannell of the 122nd, Hamilton of the 124th, Triplett of the 128th, Johnson of the 123rd and Mueller of the 126th: A bill to authorize Chatham County to provide transit services throughout the county; to provide for exceptions. 808 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 1699. By Representatives Pannell of the 122nd, Hamilton of the 124th, Triplett of the 128th, Johnson of the 123rd and Mueller of the 126th: A bill to create the Chatham Area Transit Authority, so as to provide for a public transportation system for the Chatham County area. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were lltf, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1701. 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 authorizing the General Assembly to empower the Board of Commissioners of Newton County to license and regulate businesses in the unincorporated areas of Newton County and to levy and collect excise taxes in connection with certain amuse ment or sporting activities. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1702. 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 authorizing the General Assembly to prescribe by law applicable to Newton County the time for making levies and assessments, the manner in which tax bills and notices shall be prepared, the number, form, and content of tax bills and notices. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1703. 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 authorizing the Board of Commissioners of Newton County to adopt ordinances for the policing and governing of the county and the enforcement of all duties and powers vested in the board of commissioners and providing for penalties and enforcement of such ordinances. WEDNESDAY, FEBRUARY 12, 1986 809 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1704. 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 authorizing the governing authority of Newton County to establish and administer sewerage, water, sanitation, garbage collection, landfill, and fire protection districts and to levy taxes on the property in such districts. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1710. By Representatives Hasty of the 8th, Anderson of the 8th and Barnett of the 10th: A bill to amend an Act providing for the membership of the Board of Edu cation of Cherokee County, so as to provide for the appointment of the chair man of the Board of Education of Cherokee County by the board from its own membership. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1711. By Representatives Thomas of the 69th and Lee of the 70th: A bill to amend an Act extending the corporate limits of the City of Carrollton, so as to deannex and exclude certain property from the city. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1717. By Representative Oliver of the 121st: A bill to amend an Act to re-create and reincorporate the City of Collins, so as to remove limitations on serving successive terms of office and provide that the mayor shall serve for a term of two years and until his successor is elected and qualified. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 810 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 1720. By Representative Barnett of the 10th: A bill to amend an Act creating the Board of Commissioners of Forsyth County, so as to change the provisions relating to the expense allowance of the chairman and members of the board. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1721. By Representative Barnett of the 10th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 180 of the 1976 General Assembly and which was duly ratified at the 1976 general election and which relates to establishment of a merit system or a civil service system for persons employed by Forsyth County. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1722. By Representatives Childs of the 53rd, Redding of the 50th, Richardson of the 52nd, Athon of the 57th, Mangum of the 57th and others: A bill to amend an Act providing an additional $2,000.00 homestead exemp tion from City of Decatur ad valorem taxes for certain residents of said city, so as to provide for an additional homestead exemption of $1,000.00 from City of Decatur ad valorem taxes, except ad valorem taxes for the independ ent school system of said city, for residents of said city who are 65 years of age or over. The report of the Committee, which was favorable to the passage of the Bill, was 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 367. By Senator Kidd of the 25th: 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 of said city. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. WEDNESDAY, FEBRUARY 12, 1986 811 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: HB 1356. By Representative Colbert of the 23rd: A bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta and creating a new charter for said city, so as to change the corporate limits of said city. HB 1390. By Representative Yeargin of the 14th: A bill to amend an Act entitled "An Act to provide a board of commissioners for the County of Elbert," so as to provide for the election of the Board of Commissioners of Elbert County; to provide for the composition of the board and districts therefor and elections therefrom. HB 1470. By Representatives Watts of the 41st and Murphy of the 18th: A bill to amend an Act to provide for the election of the members of the Board of Education of Paulding County, so as to provide for the appoint ment of the school superintendent by the board of education; to provide that the current school superintendent shall serve out the remainder of the term to which such school superintendent was elected. HB 1491. By Representative Pettit of the 19th: A bill to amend an Act incorporating the City of Emerson, so as to repeal the current provisions of said Act which provide for a police court and estab lish a mayor's court in lieu thereof. HB 1492. By Representative Pettit of the 19th: A bill to amend an Act incorporating the City of White, so as to change the provisions relating to the appointment and qualifications of the judge of the mayor's court; to repeal the provisions relating to the right of appeal to the Superior Court of Bartow County; to provide for the right of certiorari and the writ of certiorari. HB 1529. By Representative Waldrep of the 80th: 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 that the grand jury in Monroe County shall be authorized to arbitrate and resolve certain disputes relating to county matters as the General Assembly may by local law provide. 812 JOURNAL OF THE HOUSE, HB 1533. By Representative Waldrep of the 80th: A bill to repeal an Act entitled "An Act to incorporate the town of Eleanor, in the County of Monroe, to define its corporate limits, to provide for the appointment of officers of said town, and define their duties and powers, to provide how said town shall be governed, and for other purposes." HB 1534. By Representative Waldrep of the 80th: A bill to amend an Act providing a new charter for the City of Forsyth, so as to include certain described properties within the corporate boundaries of the city. SB 369. By Senators Allgood of the 22nd and Stumbaugh of the 55th: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize the joint purchase of insurance by municipalities and counties; to authorize joint self-insurance programs for municipalities and counties; to authorize individual self-insurance programs for municipalities and counties. SB 416. By Senators Barker of the 18th, Foster of the 50th and Deal of the 49th: A bill to amend Code Section 20-2-1160 of the Official Code of Georgia Annotated, relating to appeals from the decisions of a local school board regarding the construction and administration of school law, so as to provide for notification to the parties in writing of decisions and the right to appeal decisions and of the procedures and requirements of the appellate process. SB 440. By Senators Stumbaugh of the 55th and Foster of the 50th: A bill to amend Chapter 9 of Title 45 of the Official Code of Georgia Anno tated, relating to insuring and indemnification of public officers and employees, so as to revise provisions relating to liability insurance and indemnification for state and local governmental bodies and their officers, officials, and employees; to provide for the methods, including but not limited to self-insurance and risk pooling. SB 384. By Senators Deal of the 49th, Barnes of the 33rd, Howard of the 42nd and others: A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Anno tated, relating to authorization and requirements for transacting insurance, so as to declare the necessity of reporting of certain information by liability insurers; to require reports; to provide for the responsibility of the Commis sioner of Insurance to ensure compliance with the reporting requirements. SB 438. By Senators Kennedy of the 4th, Gillis of the 20th, English of the 21st and others: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to provide for sick leave for school food service personnel. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate and House: SR 317. By Senators Garner of the 30th, Harrison of the 37th and Howard of the 42nd: WEDNESDAY, FEBRUARY 12, 1986 813 A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the assessment of an additional fee for the licensing of vehicles and provide that the proceeds derived therefrom may be appropriated to the Department of Human Resources for use in the support of emergency medical services systems in this state; to provide for return of moneys to counties. SR 357. By Senator Kidd of the 25th: A resolution authorizing the lease of certain real property located in Baldwin County, Georgia; to repeal a specific resolution. HR 500. By Representatives Colwell of the 4th, Murphy of the 18th, Connell of the 87th, Burruss of the 20th, Russell of the 64th and others: A resolution relating to the acceptance of the offer of the lessee, Seaboard System Railroad, Inc., successor by merger to the Louisville and Nashville Railroad Company, to amend the lease of the Western and Atlantic Railroad dated March 4, 1968. By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees: SB 369. By Senators Allgood of the 22nd and Stumbaugh of the 55th: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize the joint purchase of insurance by municipalities and counties; to authorize joint self-insurance programs for municipalities and counties; to authorize individual self-insurance programs for municipalities and counties. Referred to the Committee on Insurance. SB 384. By Senators Deal of the 49th, Barnes of the 33rd, Howard of the 42nd and others: A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Anno tated, relating to authorization and requirements for transacting insurance, so as to declare the necessity of reporting of certain information by liability insurers; to require reports; to provide for the responsibility of the Commis sioner of Insurance to ensure compliance with the reporting requirements. Referred to the Committee on Insurance. SB 390. By Senators Greene of the 26th, Stumbaugh of the 55th and Walker of the 43rd: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Anno tated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to extensively revise the penalties for failure to comply with the require ments for motor vehicle insurance. Referred to the Committee on Motor Vehicles. SB 416. By Senators Barker of the 18th, Foster of the 50th and Deal of the 49th: A bill to amend Code Section 20-2-1160 of the Official Code of Georgia Annotated, relating to appeals from the decisions of a local school board 814 JOURNAL OF THE HOUSE, regarding the construction and administration of school law, so as to provide for notification to the parties in writing of decisions and the right to appeal decisions and of the procedures and requirements of the appellate process. Referred to the Committee on Education. SB 438. By Senators Kennedy of the 4th, Gillis of the 20th, English of the 21st and others: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to provide for sick leave for school food service personnel. Referred to the Committee on Education. SB 440. By Senators Stumbaugh of the 55th and Foster of the 50th: A bill to amend Chapter 9 of Title 45 of the Official Code of Georgia Anno tated, relating to insuring and indemnification of public officers and employees, so as to revise provisions relating to liability insurance and indemnification for state and local governmental bodies and their officers, officials, and employees; to provide for the methods, including but not limited to self-insurance and risk pooling. Referred to the Committee on Insurance. SR 317. By Senators Garner of the 30th, Harrison of the 37th and Howard of the 42nd: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the assessment of an additional fee for the licensing of vehicles and provide that the proceeds derived therefrom may be appropriated to the Department of Human Resources for use in the support of emergency medical services systems in this state; to provide for return of moneys to counties. Referred to the Committee on Motor Vehicles. SR 357. By Senator Kidd of the 25th: A resolution authorizing the lease of certain real property located in Baldwin County, Georgia; to repeal a specific resolution. Referred to the Committee on State Institutions & Property. Representative Dixon of the 151st moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the House: HB 1579. By Representatives Bishop of the 94th, Dixon of the 151st and Walker of the 85th: A bill to amend Chapter 4 of Title 3 of the Official Code of Georgia Anno tated, relating to the regulation of distilled spirits, so as to provide that cer tain municipalities may authorize the manufacture, sale, or distribution of distilled spirits or the sale of distilled spirits by the drink for consumption only on the premises; to provide procedures for such authorization. On the motion, the roll call was ordered and the vote was as follows: WEDNESDAY, FEBRUARY 12, 1986 Y Aaron N Adams.G N Adams.M N Aiken Y Alford Alien N Anderson Argo Y Athon Y Atkins Y Auten N Bailey Y Balkcom N Bannister Y Bargeron Y Barnett,B N Barnett,M YBeck N Benefleld Benn Birdsong Bishop Y Bolster Bostick N Branch Bray Brooks Y Brown.G Buck Burruss Byrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B N Clark,L N Colbert Y Coleman Colwell Y Connell N Cooper Copelan Couch YCox N Crawford Y Crosby Cummings Daugherty Davis Dean Y Dixon Dobbs N Dover Dunn Edwards Y Felton Y Floyd N Foster YGaler N God bee NGoodwin N Greene Y Greer Y Groover Y Hamilton N Manner Y Harris N Hasty NHays Heard NHill N Holcomb Y Holmes Y Hooks Home N Hudson Isakson Jackson,J N Jackson,N N Jamieson Y Johnson,D Johnson.F N Johnson,R Y Johnson,S N Kilgore Y Kingston N Lane.D N Lane.R N Lawler Y Lawrence Lawson Lee,C NLee,W Y Linder N Logan YLong Lord Y Lucas Y Lupton Y Maddox Y Mangum Martin.C Martin,J Matthews McDonald N McKelvey McKinney N Milam N Milford N Moody N Moore Morton Y Mostiler N Moultrie Y Mueller Y Oliver.C Padgett N Pannell Parham N Parrish Patten Y Peters Y Pettit N Phillips Pinkston Porter N Rainey Ramsey,T N Ramsey.V Randall N Ransom YRay N Reaves Y Redding Y Richardson Robinson.C Y Robinson,P YRoss N Royal Russell Y Selman On the motion, the ayes were 62, nays 57. The motion prevailed. 815 Shepard N Sherrod Y Sinkfield N Sizemore N Smith,L Y Smith,P N Smith.T Smyre N Stand] Y Steinberg Thomas.C Thomas.M Thompson Y Townsend N Triplet! Twiggs Waddle Y Waldrep Y Walker.C Y Walker.L N Wall Ware Watson Watts Y White Wilder N Williams.B Y Williams,J N Williams.R Wilson Wood Y Workman N Yeargin Young Murphy,Spkr Representative Wilson of the 20th stated that he had been called from the floor of the House during 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 Senate amendment thereto: HB 1227. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th, Copelan of the 106th, Robinson of the 96th and others: A bill to amend Code Section 15-521 of the Official Code of Georgia Anno tated, relating to the promulgation of certain rules and regulations of the Judicial Council, so as to require prior written notice of the intended adop tion of such rules and regulations and provide for the invalidity of rules and regulations adopted without such notice and for proceedings relating thereto. The following Senate amendment was read: Amend HB 1227 by adding on Page 1, line 20, after the word "Senate" the following: "and the Judiciary and Constitutional Law Committee of the Senate". The following amendment was read and adopted: 816 JOURNAL OF THE HOUSE, Representative Chambless of the 133rd moves to amend the Senate amendment to HB 1227 by striking the first four lines of directory language of page 1 and inserting in their place the following: "Amend HB 1227 by striking lines 18 through 20 of page 1 and inserting in their place the following: 'chairperson of the Judiciary Committee of the House of Representatives, the chairperson of the Special Judiciary Committee of the House of Representatives, the chairperson of the Judiciary Committee of the Senate, and the chairperson of the Judiciary and Constitutional Law Committee of the Senate, at least 30 days prior to the'". Representative Chambless of the 133rd moved that the House agree to the Senate amendment, as amended by the House, to HB 1227. 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 Argo 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 Bolster Y Bostick Branch YBray Brooks Y Brown.G YBuck Burmss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L Y Colbert Y Coleman Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Davis YDean Y Dixon Y Dobbs Y Dover Y Dunn Edwards Felton Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks Home Hudson Y Isakson Jackson ,J Y Jackson,N Y Jamieson Johnson.D Y Johnson.F Y Johnson.R Y Johnson.S Kilgore Y Kingston YLane,D Lane,R Y Lawler Y Lawrence Y Lawson YLee.C YLee.W Y Under YLogan YLong YLord Y Lucas Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Matthews McDonald On the motion, the ayes were 124, nays 0. The motion prevailed. Y McKelvey Y McKinney YMilam Y Milford Y Moody Moore Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Par ham Y Parrish Patten Y Peters Pettit Y Phillips Pinks ton Porter Y Rainey Y Ramsey.T Ramsey.V YRandall Ransom YRay Reaves Redding Y Richardson Robinson,C Robinson.P YRoss Y Royal Russell Selman Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,? Smith.T Smyre Y Stancil Y Steinberg Thomas.C Thomas,M Y Thompson Townsend Triplett Twiggs Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Ware Y Wataon Y Watts Y White Wilder Y Williams,B Y Williams,J Y Williams.R Y Wilson Wood Y Workman Y Yeargin Young Murphy,Spkr 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 1644. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th, Groover of the 99th and Murphy of the 18th: WEDNESDAY, FEBRUARY 12, 1986 817 A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to superior courts; to amend Code Section 9-15-4 of the Offi cial Code of Georgia Annotated, relating to deposits prior to filing; to amend Chapter 9 of Title 11 of the Official Code of Georgia Annotated, relating to secured transactions; to amend Code Section 44-14-142 of the Official Code of Georgia Annotated, relating to recording affidavits, so as to change certain references to certain fees. The following Committee substitute was read and adopted: A BILL To amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to change certain fees and costs in certain civil and criminal actions and proceedings; to provide for the payment of these costs; to provide for the hours of operation of the office of clerk of the superior court; to amend Code Section 9-15-4 of the Official Code of Georgia Annotated, relating to deposits prior to filing, so as to change certain references to certain fees; to amend Chapter 9 of Title 11 of the Offi cial Code of Georgia Annotated, relating to secured transactions, so as to change certain references to certain fees; to amend Code Section 44-14-142 of the Official Code of Georgia Annotated, relating to recording affidavits, so as to change certain references to certain fees; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by striking subsection (b) of Code Section 15-6-77, relating to fees in superior court, which reads as follows: "(b) Fees in civil cases: (1) Before filing any civil case or proceeding, in accordance with Code Section 9-15-4, a deposit of ......................................................................$ 20.00 The deposit required by this paragraph shall be the total deposit col lectable by the clerk for filing any civil case or proceeding. Such deposit shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such deposit and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this paragraph shall be deemed to require such deposit of the state, its agencies, or political subdivisions. (2) Filing and docketing actions, complaints, or motion................................ 4.00 (3) Copying and issuing process or summons................................................... 4.00 (4) Each copy after first copy............................................................................. 2.00 (5) Entering verdict or judgment on dockets................................................... 2.00 (6) Filing all pleadings and instruments subsequent to any complaint in any case, each.............................................................................................. 1.00 (7) Writ of partition of land and recording proceedings in case................... 10.00 (8) Validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, first 500 bonds, each.................................................. 1.00 All bonds over 500, each................................................................................. .50 818 JOURNAL OF THE HOUSE, (9) Issuing certificate of adoption under seal of the court pursuant to Code Section 19-8-15................................................................................... 2.00 (10) Recording proceedings in all cases of habeas corpus, per page............... 1.50 (11) For performing the duties required of them in all cases of trover, regardless of the amount involved in such actions, the clerks shall receive the same fees as in other civil cases. (12) In addition to all other legal costs charged and collected in each civil action, case, or proceeding, in accordance with subsection (a) of Code Section 47-14-51, the sum of........................................................... 1.00", and inserting in lieu thereof a new subsection (b) to read as follows: "(b) Fees in civil cases: (1) (A) As used in this paragraph, the term 'domestic civil cases' means divorce cases, alimony cases, annulment cases, and separate maintenance cases, and any modification of decree in any such cases. (B) Except as provided in Code Section 15-6-77.2, Code Section 15-6-77.3, and Code Section 47-14-51, the total costs for all services rendered by the clerk of supe rior court in domestic civil cases shall be $40.00, plus $8.00 for each party other than the original plaintiff and defendant. (2) Except as provided in Code Section 15-6-77.2, Code Section 15-6-77.3, Code Section 47-14-51, and paragraphs (1) and (5) of this subsection, the total costs for all services rendered by the clerk of superior court in civil cases shall be $55.00, plus $8.00 for each party other than the original plaintiff and defendant. (3) Nothing contained in this subsection shall be construed so as to prohibit the collection of any other costs authorized by law for postjudgment proceedings or for any other services which the clerk or the sheriff shall perform. Nothing contained in Code Section 15-6-77 or this Code section shall be construed to affect in any way the power and authority of the superior courts from taxing costs in accordance with law, but no costs shall be refunded by the clerk unless and until the same have been paid to the clerk by the losing party. (4) The sums specified in this subsection shall be collected by the clerk at the time of filing of any civil case or proceeding. Such sum shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such sum and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this subsection shall be deemed to require such sum of the state, its agencies, or political subdivisions. (5) In all cases involving condemnations or the validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, the fees shall be: (A) Filing and docketing actions, complaints, or motions..............................$ 4.00 (B) Copying and issuing process or summons.................................................. 4.00 (C) Each copy after first copy............................................................................. 2.00 (D) Entering verdict or judgment on dockets.................................................. 2.00 (E) Filing all subsequent pleadings and instruments...................................... 1.00 (F) Validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, first 500 bonds, each.................................................. 1.00 All bonds over 500, each............................................................................... .50 (G) Recording on final record, per page............................................................. 1.50" Section 2. Said chapter is further amended by striking subsections (c) through (f) of Code Section 15-6-77, relating to fees in superior court, and inserting in lieu thereof new subsections (c) through (f) to read as follows: WEDNESDAY, FEBRUARY 12, 1986 819 "(c) Fees for filing and recording documents, instruments, etc., pertaining to prop erty: (1) Recording and returning to sender all instruments pertaining to real estate, and deeds of trust or amendments thereto, in accordance with Code Section 53-12-52, first page ..........................$ 2r60 4.50 Each page, after the first........................................................................... 2.00 (2) Cancellation Recording cancellations of deeds, mortgages, and writs of fieri facias, each....................................................................... tOO 2.50 (3) Recording maps or plats............................................................................ 3^9 5.00 The fee charged for recording maps and plats shall include the fee required by Code Section 47-14-51. 44)--Recording deeds ef trust or amendments thereto, i accordance with Gede Section 68-12-62, first page..............................................----------09 , rn*ifttmemr j T nC 166 CO 11 6 CtC Q OH tn6 I1F81 pft^ft SnCtli inClUQC 1116 I6C FCQUIFCQ by Gede Section 47-14-61. 4&} (4) Filing and indexing financing statements, or any amendment thereto, and for stamping a copy furnished by the secured party to show the date and place of filing for an original or a continu ation statement, as provided in Code Section 11-9-403, first page... 3r6S 5.00 Each page, after the first............................................................................ ^0 1.00 No fee shall be charged for filing a termination of a financing statement, as provided in Code Section 11-9-404, when the original financing statement was filed subsequent to July 1, 1981. No fee shall be charged for filing an assignment that is indicated on the original financing statement, as provided in Code Section 11-9-405. 46} (5) Filing and indexing release of collateral, as provided in Code Section 11-9-406, filing and indexing an assignment of security interest, as provided in Code Section 11-9-405(2), and filing of succeeding continuation statement, as provided in Code Section 11-9-403(3), first page............................................................................... 3r60 5.00 Each page, after the first............................................................................ M 1.00 (?) (6) Providing copy of any document filed under Article 9 of Title 11, per page................................................................................................ 3% 1.00 (8) (7) Entering cross-reference in real property index, per entry............. ;36 1.00 (9) (8) Filing affidavit to extend lien as required in Code Section 44-14-142, relating to the extension of a lien on personal prop erty liens ..................................................................................................... 36 2.00 (d) Miscellaneous fees: (1) Recording any instrument or writing, fee not otherwise specified, per first page.........................................................................................$ 4r60 4.50 Each page, after the first.........................................................................______2.00 820 JOURNAL OF THE HOUSE, (2) Certification or exemplification of record, per page........................... .50 (3) Clerk's certificate ..................................................................................... 1.00 (4) Court's seal................................................................................................ 1.00 (5) Issuing certificates of appointment and reappointment to notaries public, as provided by Code Section 45-17-4.................................... &^9 8.00 (6) Registering and filing trade names pursuant to Code Section 10-1-490................................................................................................. 2Q 5.00 (7) The clerk shall not charge a fee for recording discharge certif icates of veterans, as provided in Code Section 15-6-78. (8) Filing and indexing each notice of lien or certificate or notice affecting the tax lien, in accordance with Code Section 44-14-574: (A) Tax lien on real or personal property ........................................ 2.00 (B) Certificate of discharge or subordination .................................. 2.00 (C) All other notices, including a certificate of release or nonattachment............................................................................ 2.00 (9) Filing written information of gas companies in accordance with Code Section 25-9-4, a fee per page of.............................................. 1.00 (10) Issuing certificate of pending or unsatisfied judgment, as provided in Code Section 40-9-40....................................................................... 1.00 (11) No fee shall be charged for the issuance of license to practice law. (12) Filing incorporation proceedings: (A) Articles of incorporation............................................................... l&eO 20.00 (B) Articles of amendment.................................................................. l&OO 20.00 (C) Restated articles............................................................................. t&OO 20.00 (D) Merger.............................................................................................. WrOe 20.00 (E) Dissolution....................................................................................... l&ee 20.00 (F) Involuntary dissolution ................................................................. no fee (G) Consolidation and merger............................................................. 1&09 20.00 (H) Certificate of election to dissolve................................................ l&OO 20.00 (I) Order approving change of principal office ................................ no fee (J) Articles of incorporation as required by Chapter 2 of Title 14, the 'Georgia Business Corporation Code," and by Code Section 46-5-100.......................................................................... l&fiO 20.00 (13) Filing lien on offspring of livestock in accordance with Code Section 44-14-511.................................................................................. .25 (14) Filing hospital lien, first each page........................................................ tW 2.00 Each page thereafter.................................................................................------------W)0 (15) Filing lis pendens, first each page......................................................... 2.00 Each page thereafter.................................................................................------------tOO WEDNESDAY, FEBRUARY 12, 1986 821 (e) Fees in quasi-civil and criminal cases: (1) Issuing writ of fieri facias and entry en execution docket...................$ 2^0 3.00 (2) Entering writ of fieri facias on general execution docket..................... IrOO 2.00 (3) Issuing subpoena or summons to witness............................................... t66 1.00 (4) Furnishing and certifying any process, order, etc., for publication... 1rS6 2.00 (5) Providing uncertified photocopies of documents in clerk's office, per page................................................................................................... .25 \oj--cjntepin flny record on minutes, tee not otncrwisc speciiieu, per page.........................................................................................................----------fc60 {?} (6) Preparation of record and transcript to the Supreme Court and Court of Appeals, per page ............................................................. 1.50 Where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such tran script, but shall receive, for filing and transmission of such transcript, a fee of ................................................................................ 5.00 {8} (7) Entering remittitur from Supreme Court or Court of Appeals ... 1.00 49} (8) Issuing jury script or check, each..................................................... .30 410} (9) For each day of service in attendance upon the courts ................ 36.00 50.00 The per diem attendance upon the courts shall be paid from the treasury of the respective counties of this state only to clerks who are on a fee system of compensation. 4H} (10) For performing the duties required of them by Article 2 of Chapter 2 of Title 44, the clerks shall receive the same fees as in other civil cases. 412} (11) For performing the duties required of them by Article 1 of Chapter 9 of Title 14, the 'Uniform Limited Partnership Act,' the clerks shall receive the same fees as in other civil cases. (f) Fees in criminal cases: (1) Entering and docketing bills of indictment, presentments, no-bills, accusations, indictments, and accusation record ..............$ 3.00 (2) Service in cases where the defendant is tried, pleads guilty, or there is a settlement.............................................................................. 10.00 (3) Service in entering and docketing bills of indictment or presentments on minutes in cases of nolle prosequi ........................ 5.00 (4) Issuing and mailing first notice of arraignment pursuant to Code Section 17-7-91........................................................................................ 1.00 (5) Affidavit of custodian, filing, and transmittal pursuant to Code Section 17-10-12..................................................................................... 1.00 (6) Preparation and transmission of defendant's personal history and related documents, as provided in Code Section 42-5-50................ 5.00 (7) Preparation and transmission of documents to superior court sen tence review panel in accordance with Code Section 17-10-6, first copy, per page................................................................................ 1.50 822 JOURNAL OF THE HOUSE, Subsequent copies, per page...................................................................... .50 (8) Preparation and furnishing copy of the record of appeal in crim inal cases where accused was convicted of capital felony, in accordance with Code Section 5-6-43, per 100 words page ............ ;30 1.50 Clerk's certificate........................................................................................ 1.00 The clerk shall not receive compensation for the transcript of evi dence and proceedings." Section 3. Said chapter is further amended by adding at the end thereof a new Code Section 15-6-93 to read as follows: "15-6-93. (a) Except as provided in this Code section, the office of each clerk of the superior court shall be open to conduct business Monday through Friday from at least 9:00 A.M. until 5:00 P.M. and shall not close for any period of time during such hours. (b) Any office of a clerk of a superior court which is open for operation on Saturday may close on one day Monday through Friday for a period of time equal to that period of time during which the office is open on Saturday. Nothing in this Code section shall be construed as requiring any office of a clerk of a superior court to be open on any public and legal holiday or day of rest which is recognized and designated as such by Georgia law or by the governing authority of the county. (c) This Code section shall only apply to the office of a clerk of a superior court if there is employed in that office at least one employee other than the clerk." Section 4. Code Section 9-15-4 of the Official Code of Georgia Annotated, relating to deposits prior to filing, is amended by striking subsection (a) in its entirety and insert ing in lieu thereof a new subsection (a) to read as follows: "(a) A clerk of the superior court shall not be required to file any civil case or pro ceeding until the deposit fee required by paragraph ft) of subsection {b} of- Code Section 15-6-77 and Code Section 15-6-77.2, relating to fees of clerks of the superior courts, has been deposited with paid to the clerk. The deposit fee shall not be required if the party desiring to file the case or proceeding is unable because of his indigence to pay the deposit fee and the party files with the clerk an affidavit to such effect. H the ease or proceeding is dismissed er if the total cost incurred m the ease or proceeding is less tha the deposit required by paragraph (i> ef- subsection (b> ef Code Section 16-6-77, any of the sum remaining tR the hands or the clerk shall be repaid. Section 5. Chapter 9 of Title 11 of the Official Code of Georgia Annotated, relating to secured transactions, is amended by striking paragraph (5) of Code Section 11-9-403, relating to filing, in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows: "(5) The uniform fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an original or a continuation statement shall be as required by paragraph {&} of subsection {e> of <3ede Section 16-6-77 Article 2 of Chapter 6 of Title 15." Section 6. Said chapter is further amended by striking Code Section 11-9-405, relat ing to assignments, and inserting in lieu thereof a new Code Section 11-9-405 to read as follows: "11-9-405. (1) A financing statement may disclose an assignment of a security inter est in the collateral described in the financing statement by indication in the financing statement of the name and address of the assignee or by an assignment itself or a copy thereof on the face or back of the statement. On presentation to the filing officer of such a financing statement the filing officer shall mark the same as provided in Code Section WEDNESDAY, FEBRUARY 12, 1986 823 11-9-403(4). The uniform fee for filing, indexing, and stamping a copy of a financing statement so indicating an assignment shall be as required by paragraph {6} ef subsec tion k> ef Cede Section 16-6-77 Article 2 of Chapter 6 of Title 15. (2) A secured party may assign of record all or part of his rights under a financing statement by the filing in the place where the original financing statement was filed of a separate written statement of assignment signed by the secured party of record and setting forth the name of the secured party of record and the debtor, the file number and the date of filing of the financing statement, and the name and address of the assignee and containing a description of the collateral assigned. A copy of the assign ment is sufficient as a separate statement if it complies with the preceding sentence. On presentation to the filing officer of such a separate statement, the filing officer shall mark such separate statement with the date and hour of the filing. He shall note the assignment on the index of the financing statement, and in the case of a fixture filing, or a filing covering crops growing or to be grown, or covering minerals, or the like (including oil and gas or accounts subject to subsection (5) of Code Section 11-9-103), he shall index the assignment under the name of the assignor as grantor in the real estate records. The uniform fee for filing, indexing, and stamping a copy of such a sep arate statement of assignment shall be as required by paragraph {6} ef subsection {e) of Gede Seetwm 16-6-77 Article 2 of Chapter 6 of Title 15, provided that the person requesting such copy shall furnish to the filing officer the file number of the statement requested." Section 9. Code Section 44-14-142 of the Official Code of Georgia Annotated, relating to recording affidavits, is amended by striking said Code section in its entirety and insert ing in lieu thereof a new Code Section 44-14-142 to read as follows: "44-14-142. The clerk of the superior court shall file the affidavit required by Code Section 44-14-141, reindex the instrument mentioned in the affidavit, and enter on the margin of the record of the instrument a reference to the filing of the affidavit, which shall state the date of the filing of the affidavit and the amount unpaid on the obli gation secured by the instrument, for which services the clerks shall be entitled to a fee 824 JOURNAL OF THE HOUSE, as required by paragraph {8} ef subsection {e} ef od Section 16-6-77 Article 2 of Chapter 6 of Title 15." Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 11. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson Argo Y Athon N Atkins Auten Y Bailey N Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield Benn Y Birdsong N Bishop Y Bolster Y Bostick Branch YBray Y Brooks Brown.G NBuck Burruss YByrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs N Clark.B Y Clark.L N Colbert Y Coleman Colwell Connell Y Cooper Y Copelan Couch YCox Y Crawford Y Crosby N Cummings Daugherty N Davis YDean Y Dixon Dobbs Dover Y Dunn Edwards N Felton Y Floyd Y Foster N Galer YGodbee Y Goodwin Greene Greer Y Groover Y Hamilton Y Hanner N Harris Y Hasty Hays Y Heard Hill Y Holcomb Y Holmes Y Hooks Home Hudson N Isakson Y Jackson,J Y Jackson.N Y Jamieson Johnson,D Johnson.F N Johnson.R Y Johnson.S N Kilgore Y Kingston NLane,D NLane.R Y Lawler Y Lawrence Y Lawson YLee.C Y Lee.W Y Under YLogan YLong Lord Y Lucas Lupton Y Maddoi N Mangum Y Martin,C Y Martin,J Matthews McDonald Y McKelvey Y McKinney YMilam Y Milford Moody Y Moore Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Patten Y Peters Y Pettit Y Phillips Pinkston Porter Y Rainey Y Ramsey.T NRamsey.V YRandall Ransom YRay Y Reaves Y Redding Y Richardson Robinson,C Robinson.P NRoss Y Royal Russell YSelman N Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T NSmyre N Stancil Y Steinberg Y Thomas.C Thomas,M Y Thompson Townsend Triplett Twiggs Waddle Y Waldrep Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White N 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, by substitute, the ayes were 110, nays 23. The Bill, having received the requisite constitutional majority, was passed, by substi tute. Representative Shepard of the 71st stated that he wished to be recorded as voting "nay" on HB 1644 with the following explanation: "I oppose the state's regulation of hours of operation as an infringement of 'Home Rule 1 ." HB 788. By Representative Bray of the 91st: A bill to amend Code Section 45-20-2 of the Official Code of Georgia Anno tated, relating to definitions in connection with employment by the State of Georgia, so as to change certain definitions; to define the term "interdepart mental transfer". WEDNESDAY, FEBRUARY 12, 1986 825 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 103, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1294. By Representatives Barnett of the 10th, Jamieson of the llth, Patten of the 149th, Cummings of the 17th, Clark of the 13th and others: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from the sales and use tax, so as to provide that the sales and use tax shall not apply to sales of liquefied petroleum gas or other fuel used to heat a structure in which broilers, pullets, or other poultry are raised. 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 Y Alien Y Anderson YArgo Y Athon Y Atkins Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y BarnettJM YBeck Y Benefleld YBenn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G Y Buck Y Burruss YByrd Y Carter Y Chambless Y Chance Cheeks Y Childers Childs Y Clark,B Y Clark,L Y Colbert Coleman Colwell Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Davis YDean Y Dijon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Y Manner Y Harris 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 Johnson,F Y Johnson.R Y Johnson.S Y Kilgore Y Kingston Y Lane,D YLane,R Y Lawler Lawrence Y Lawson Y Lee.C Y Lee.W Y Under Y Logan YLong Lord Y Lucas Lupton Y Maddox Mangum Y Martin.C Y Martin,J Y Matthews N McDonald Y McKelvey Y McKinney YMilam Y Milford Y Moody Y Moore Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Parham Y Parrish Patten Y Peters Pettit N Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom Ray 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 Y Smyre Y Stancil Steinberg Y Thomas.C Thomas.M Y Thompson Y Townsend Triplett Twiggs Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware N Watson Y Watts Y White N Wilder Y Williams,B Y WilliamsJ Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy.Spkr On the passage of the Bill, the ayes were 145, nays 5. The Bill, having received the requisite constitutional majority, was passed. HB 182. By Representative Walker of the 85th: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, 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 Cir cuit. 826 JOURNAL OF THE HOUSE, The following Committee substitute was read and adopted: 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; to provide for the appointment and term of the initial judge; to provide for the election and term of successors to the initial judge; to provide for the qualifications and for the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereto and provide for duties of the chief judge; to provide for powers, duties, and responsibilities of judges of said circuit; to provide for an additional court reporter for said circuit and the compensation of that reporter; to declare inherent authority; 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 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, is amended by striking para graph (5) and inserting in its place a new paragraph (5) to read as follows: "(5) Augusta Circuit............................................................................................................4 5" Section 2. The number of superior court judges of the Augusta Judicial Circuit is increased from four to five. The initial judge to fill the fifth judgeship shall be appointed by the Governor for a term beginning July 1, 1986, and ending December 31, 1988, and until a successor is elected and qualified. Thereafter, said fifth judge shall be elected in 1988 and quadrennially thereafter for a term of four years as provided by law. Section 3. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the counties of such cir cuit shall be the same as that of the other judges of the superior courts of the Augusta Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the counties of said circuit of the salary of the judge of the superior courts of the Augusta Judicial Circuit shall also be applicable to the additional judge provided for by this Act. Section 4. The five judges of the superior courts of the Augusta Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect thereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The five judges of the superior courts of the Augusta Judicial Circuit shall have and they are clothed with full power, authority, and discretion to determine, from time to time and from term to term, the manner of calling the dockets or fixing the calendars and order of business in said courts. They may assign to one or more of said judges the hearing of trials by jury for a term and the hearing of all other matters not requiring a trial by a jury to one or more of the other judges, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts and of making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge, as defined in this section, shall control. WEDNESDAY, FEBRUARY 12, 1986 827 Section 5. The five judges of the Augusta Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. Section 6. Nothing herein enumerated shall be deemed to limit or restrict the inher ent powers, duties, and responsibilities of superior court judges provided by the Constitu tion and statutes of the State of Georgia. Section 7. This Act shall become effective July 1, 1986, except that this Act shall, for purposes of the appointment by the Governor of the initial judge to fill the judgeship created by this Act, become effective upon its approval by the Governor or upon its becoming law without his approval. Section 8. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the 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 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 YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark,L Y Colbert Y Coleman Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Crawford Y Crosby Y Cummings Daugherty N Davis YDean Y Dixon N Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson.D Y Johnson,? Y Johnson.H Y Johnson,S Y Kilgore Y Kingston YLane,D NLane.R Y Lawler Lawrence Y Lawson YLee.C YLee,W Y Linder YLogan YLong YLord Y Lucas Lupton Y Maddox Y Mangum Y Martin,C Martin.J Matthews McDonald Y McKelvey Y McKinney YMilam Y Milford Y Moody Y Moore Morton Y Mostiler Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Patten Y Peters Pettit Y Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay 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 YSmyre Y Stancil Y Steinberg Y Thomas.C Thomas,M Y Thompson Townsend Triplett Twiggs Waddle Y Waldrep Y Walker.C Y Walker,L YWall Y Ware Y Watson Y Watts Y 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 150, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substi tute. By unanimous consent, HB 182, by substitute, was ordered immediately transmitted to the Senate. 828 JOURNAL OF THE HOUSE, HB 1109. By Representative Colbert of the 23rd: A bill to amend Chapter 11 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against the public order and safety, so as to include stun guns and tasers in the definition of firearms. The report 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 3. The Bill, having received the requisite constitutional majority, was passed. HB 1695. By Representatives Murphy of the 18th, Burruss of the 20th and Lee of the 72nd: A bill to amend Code Section 28-1-8 of the Official Code of Georgia Anno tated, relating to salary and allowances of members and officers of the Gen eral Assembly, so as to change provisions relating to reimbursement for costs of air travel during the interim. 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 Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L Colbert Y Coleman Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis YDean Y Dixon Y Dobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwill Y Greene Y Greer Groover Y Hamilton Y Hanner Y Harris 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 Y Lawler Y Lawrence Y Lawson YLee,C YLee.W Y Under Y 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 Y Padgett Y Pannell YParham 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 Y Redding Y Richardson Y Robinson.C Y Robinson,P YRoss Y Royal Y Russell Y Selman On the passage of the Bill, the ayes were 160, nays 1. The Bill, having received the requisite constitutional majority, was 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 Triplett Twiggs Waddle Y Waldrep Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B N Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Y Young Murphy,Spkr WEDNESDAY, FEBRUARY 12, 1986 829 HB 1329. By Representatives Cox of the 141st and Lord of the 107th: A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Anno tated, relating to coroners, so as to provide for the release of certain medical records and other information to coroners of other states under certain circumstances; to provide that when a coroner is conducting an investigation or an inquest into the death of an individual, such coroner shall be author ized to issue subpoenas to compel the production of any books, records, or papers. The following amendments were read and adopted: The Committee on Health and Ecology moves to amend HB 1329 by striking on line 8 of page 1 the following: "any", and inserting in its place the following: "certain". By adding immediately preceding the period on line 4 of page 2 the following: "relevant to the cause of death". By adding immediately preceding the period on line 25 of page 2 the following: "relevant to the cause of death". Representative Wall of the 61st moves to amend HB 1329 by changing Section 4 to read as follows: "This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.", and by renumbering "Section 4" as "Section 5". The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Aaron Y Adams.G Y Adams.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 Bostick Y Branch YBray Y Brooks Y Brown.G YBuck Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Colbert Y Coleman Colwell Y Connell Y Cooper Y Copelan Y Couch YCo Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon YDobbs Y Dover YDunn Edwards Y Felton Y Floyd Y Foster YGaler YGodbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Manner Y Harris 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 Johnson.F Y Johnson.R Y Johnson.S Y Kilgore Kingston YLane,D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C YLee.W Y Under YLogan YLong Lord Y Lucas 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 Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Parham Y Parrish Patten Y Peters 830 JOURNAL OF THE HOUSE, Y Pettit Y Phillips Pinks ton Y Porter Y Rainey Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Reaves Redding Y Richardson Y Robinson.C Y Robinson.P YRoss Y Royal Russell Y Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T YSmyre Y Stancil Y Steinberg Thomas.C Thomas,M Thompson Y Townsend Y Triplett Twiggs Waddle Y Waldrep Walker.C Y Walker,L YWall Ware Y Watson Y Watts Y 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, as amended, the ayes were 143, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1156. By Representatives Childs of the 53rd, Richardson of the 52nd, Workman of the 51st, Aaron of the 56th, Steinberg of the 46th and others: A bill to provide for an additional judge of the superior courts of the Stone Mountain Judicial Circuit. The following amendment was read: Representatives Childs of the 53rd, Walker of the 115th and Robinson of the 58th move to amend HB 1156 as follows: By changing "May 1, 1986" to "July 1, 1986", and "Dec. 31, 1986" to "Dec. 31, 1988", and "Jan. 1, 1987" to "Jan. 1, 1989". 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 N Aiken Y Alford N Alien Y Anderson YArgo Y Athon Atkins Y Auten Y Bailey Y Balkcom N Bannister Y Bargeron Y Barnett,B N Barnett.M YBeck Y Benefield YBenn Y Birdsong Bishop Bolster Y Bostick Y Branch Bray Y Brooks Brown.G YBuck Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L N Colbert Coleman Colwell Y Connell Y Cooper Copelan Y Couch YCox N Crawford Y Crosby Y Cummings Daugherty N Davis YDean Y Dixon N Dobbs Dover Y Dunn Edwards Felton Y Floyd Foster Y Galer Y Godbee N Goodwin Y Greene YGreer Y Groover Y Hamilton Y Banner Y Harris Y Hasty YHays N Heard NHill Holcomb Y Holmes Y Hooks Y Home N Hudson N Isakson Y Jackson,J N Jackson,N Jamieson Y Johnson.D Johnson,F Y Johnson,R Johnson,S Y Kilgore Y Kingston YLane,D N Lane.R Lawler N Lawrence Y Lawson Y Lee,C YLee.W N Linder YLogan YLong Lord Lucas Lupton Y Maddox Y Mangum Y Martin.C N Martin.J Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford N Moody Moore N Morton Y Mostiler Y Moultrie N Mueller Y Oliver.C Y Padgett Y Pannell Par ham Y Parrish Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T N Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson,C Y Robinson,? YRoss Y Royal Russell Selman N Shepard N Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,P Smith.T YSmyre Y Stancil Y Steinberg Y Thomas.C Thomas,M Y Thompson Townsend Y Triplett Twiggs Waddle Y Waldrep Walker.C Y Walker,L N Wall Y Ware Y Watson Y Watts Y White Wilder N Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Y Young Murphy,Spkr WEDNESDAY, FEBRUARY 12, 1986 831 On the adoption of the amendment, the ayes were 114, nays 26. 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 Adams.G Y Adams.M Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Atkins Y Auten Bailey Y Balkcora Bannister Y Bargeron Barnett.B Barnett.M Beck Benefield YBenn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G YBuck Burruss YByrd Y Carter Chambless Y Chance Cheeks Y Childers Y Childs Y Clark.B Y Clark.L Colbert Y Coleman Y Colwell Y Connell Cooper Copelan Y Couch Cox Y Crawford Crosby Y Cummings Daugherty N Davis Dean Y Dixon N Dobbs Dover Y Dunn Edwards Y Felton Y Floyd Foster Y Galer YGodbee Y Goodwin Greene Y Greer Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHayg Y Heard Hill Holcomb Holmes Y Hooks Y Home Hudson YIsakson Y Jackson,J JacksontN Y Jamieson Y Johnson.D Johnson,F Y Johnson.R JohnsontS Y Kilgore Y Kingston Y Lane.D N Lane.R Lawler N Lawrence Y Lawson Y Lee.C YLee.W N Linder YLogan YLong Lord Lucas Lupton Y Maddox Y Mangum Y Martin,C Y Martin,J Matthews McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Moore N Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Parham Y Parrish Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Ray Y Reaves Y Redding Y Richardson Robinson,C Y Robinson,P Ross Y Royal Russell 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 Thomas.M Y Thompson Townsend Y Triplett Y Twiggs Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts Y White 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, as amended, the ayes were 115, nays 6. The Bill, having received the requisite constitutional majority, was passed, as amended. By unanimous consent, HB 1156, as amended, was ordered immediately transmitted to the Senate. The Speaker Pro Tern assumed the Chair. HB 1297. By Representatives Lawler of the 20th, Atkins of the 21st, Cooper of the 20th, Parrish of the 109th, Athon of the 57th and others: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from the sales and use tax, so as to provide that sales of insulin and insulin syringes dispensed without a prescription shall be exempt from the imposition of the tax. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 832 JOURNAL OF THE HOUSE, 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 Y 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 YBenn Birdsong Bishop Bolster Y Bostick Y Branch YBray Brooks Brown.G 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 Connell Y Cooper Y Copelan Y Couch YCox Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Harris 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 Johnson,F Y Johnson.R 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 Lord Y Lucas Lupton Maddox Y Mangum Martin,C Y Martin.J Matthews McDonald Y McKelvey McKinney NMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Parham Y Parrish Patten Y Peters Pettit Phillips Y Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Reaves Y Redding Y Richardson Y Robinson.C Robinson.P YRoss Y Royal Y Russell YSelman On the passage of the Bill, the ayes were 139, nays 4. The Bill, having received the requisite constitutional majority, was 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 Thomas.M Y Thompson Townsend Y Triplett Y Twiggs Waddle Y Waldrep Walker.C Y Walker,L Y Wall N Ware Y Watson Y Watts Y White N Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Y Young Murphy .Spkr HR 588. By Representative Maddox of the 7th: A resolution designating the Roland Hayes Parkway. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y Adams.M Y Aiken Alford Y Alien Y Anderson YArgo Y Athon Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Barnett.B Y Barnett,M YBeck Y Benefield YBenn Birdsong Bishop Bolster Bostick Y Branch Bray Brooks Brown.G YBuck Y Burruss YByrd Carter Y Chambless Y Chance Y Cheeks Childers Childs Clark,B Y Clark.L Y Colbert Y Coleman Y Colwell Connell Y Cooper Copelan Y Couch YCox Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Diion Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster Galer Y Godbee YGoodwin Y Greene Greer Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard YHill Holcomb Y Holmes Y Hooks Y Home Hudson Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson,R Johnson.S Y Kilgore Kingston YLane,D WEDNESDAY, FEBRUARY 12, 1986 833 Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under Y Logan Y Long Y Lord Lucas Lupton YMaddox Y Mangum Martin,C Y Martin,J Matthews McDonald McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Parham Y Parrish Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Ray Reaves Y Redding Richardson Robinson.C Y Robinson.P Y Ross Y Royal Y Russell Y Selman Shepard Y Sherrod Y Sinkfield Y Sizemore Smith,L Smith,? Y Smith.T Smyre Y Stand) Y Steinberg Y Thomas.C 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 Y White Wilder y Williams.B Y Williams'j Y Williams R v w;1 ' vw j X ,V, , Y Workman Yeargm Y Young Murphy.Spkr On the adoption of the Resolution, the ayes were 127, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 49. By Representative Greene of the 130th: A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to powers and duties of the State Board of Education and school superintendent, so as to require the board to estab lish a health improvement program to be made available to local units of administration. The following amendments were read and adopted: The Committee on Education moves to amend H. B. No. 49: Substitute word "may" for "shall" on Page 1 Lines 15, 18, 21, 26 and on Page 2 line 2. Representative Isakson of the 21st moves to amend HB 49 by adding at the end of line 24, page 1, after "program", the words: "Wherever possible, this program shall include Cardiopulmonary Resuscitation train ing provided that said training is provided by a volunteer approved by the American Red Cross at no additional cost to the school system." 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 YAdams,G YAdams,M Aiken YAlford Alien YYAArngdoerson YAthon Atkins YAuten Y Bailey YBalkcom Y Bannister Y Bargeron Y Barnett,B YBarnettM YBeck Benefield YBenn YY BBiisrdhsoopng Bolster YBostick Branch Y Bray Brooks Brown.G Y Buck Y Burruss Y Byrd Y Carter Y Chambless Y Chance YYCChhieledkesrs Y Childs Y Clark,B Y Clark,L Y Colbert Coleman Y Colwell Connell J ^ooper ^opelai, Y Couch Y Co* ^ra^ord ^Y TM Cumbmym. gs Daugherty Y DaTM Dean Y Diion Y Dobbs Y Dover v Edwards vTM YPelton Y Floyd Y Foster vr^L Yv Gr o^ odwm Y Greene Y Greer Y Groover Y Hamuton *, Manner Y Harns 834 JOURNAL OF THE HOUSE, 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 Y Lawler Y Lawrence Y Lawson YLee,C YLee.W Y Linder YLogan YLong YLord Lucas Lupton Y Maddoi Y Mangum Martin.C Y Martin.J Matthews McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Patten Y Peters Pettit Y Phillips Pinks ton Porter Y Rainey YRamsey.T Y Ramsey.V YRandall Y Ransom Ray 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 Smith,P Y Smith.T YSmyre Y Stancil Y Steinberg Y Thomas,C 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 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 147, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1439. By Representatives Watson of the 114th, Hooks of the 116th and Byrd of the 153rd: A bill to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to provide that failure to comply with certain requirements in promotional giveaways or contests shall be unfair or deceptive acts or practices. The following amendment was read and adopted: The Committee on Industry moves to amend House Bill 1439 by changing the follow ing language page 4, line 11: "unless" to "if. 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 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 Bray Brooks Y Brown.G YBuck 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 Couch YCoi Y Crawford Y Crosby Y Cummings Daugherty YDavis Dean Y Diion YDobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler Y Godbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Y Manner Y Harris 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,F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston YLane,D YLane,R Y Lawler Y Lawrence Y Lawson Lee.C WEDNESDAY, FEBRUARY 12, 1986 835 Y Lee.W Y Under Y Logan YLong Lord Lucas 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 Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y 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 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 Y Twiggs Waddle Y Waldrep Walker.C Y Walker.L YWall Y Ware Y Watson Y Watts Y 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, as amended, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1471. By Representatives Thomas of the 69th, Chambless of the 133rd, Robinson of the 96th, Wood of the 9th and Ware of the 77th: A bill to amend Chapter 33 of Title 36 of the Official Code of Georgia Anno tated, relating to the liability of municipal corporations for acts or omissions of officers, so as to provide that the policy of the State of Georgia is to pre serve sovereign immunity of municipalities; to provide for settlement of cer tain claims. The following Committee substitute was read and adopted: A BILL To amend Chapter 33 of Title 36 of the Official Code of Georgia Annotated, relating to the liability of municipal corporations for acts or omissions of officers, so as to provide that the policy of the State of Georgia is to preserve sovereign immunity of municipalities; to provide for waiver of immunity only in specified instances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 33 of Title 36 of the Official Code of Georgia Annotated, relat ing to the liability of municipal corporations for acts or omissions of officers, is amended by striking in its entirety Code Section 36-33-1, relating to liability of municipal corpora tions generally, and inserting in its place a new Code Section 36-33-1 to read as follows: "36-33-1. (a) Pursuant to Article IX, Section 1^ Paragraph IX of the Constitution of the State of Georgia, the General Assembly declares it to be the public policy of the State of Georgia that there is no waiver of the sovereign immunity of municipal corpora tions of the state and such municipal corporations shall be immune from liability for damages. A municipal corporation shall not waive its immunity by the purchase of liabil ity insurance, except as provided in Code Section 33-24-51, or unless the policy of insur ance issued covers an occurrence for which the defense of sovereign immunity is available, and then only to the extent of the limits of such insurance policy. (b) Municipal corporations shall not be liable for failure to perform or for errors in performing their legislative or judicial powers. For neglect to perform or improper or unskillful performance of their ministerial duties, they shall be liable." Section 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. 836 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 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 YBuck 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 YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Y Banner Y Harris Y Hasty YHays Y Heard Hill Y Holcomb Y Holmes Y Hooks Y Home 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 YLane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan YLong Lord Lucas Lupton Y Maddoi Y Mangum Y Martin,C Martin,J 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 Padgett Y Pannell YParham Y Parrish Patten Y Peters Pettit Y Phillips 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 Y Smyre Y Stancil Y Steinberg Y Thomas.C Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Y 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 On the passage of the Bill, by substitute, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1416. By Representatives Ramsey of the 3rd and Williams of the 6th: A bill to amend Part 5 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to jury leave for teachers, so as to pro vide that teachers shall be allowed leave for the purpose of testifying in cases arising out of their duties as teachers. 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 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 Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G YBuck Burruss Byrd Y Carter Chambless Y Chance Y Cheeks Childers Y Childs Y Clark.B Y Clark,L Colbert Y 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 YDunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Greene WEDNESDAY, FEBRUARY 12, 1986 837 Y Greer Y Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays Y Heard Hill Y Holcomb Holmes Y Hooks Y Home Hudson Y Isakson Y Jackson.J Y Jackson.N Y Jamieaon Y Johnnon.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 Under Y Logan YLong Lord Lucas Lupton Y Maddox Y Mangum Y Martin.C Martin.J Y Matthews Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Moody Y Moore Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Patten Y Peters Pettit Y Phillips 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 Y Selman Y Shepard Y Sherrod Y Sinkfleld Y Sizemore Y Smith,L Smith,P Y Smith/I YSmyre Y Stancil Y Steinberg Y Thomas.C Thomas,M Y Thompson Y Townsend Y Triplett YTwiggs Waddle Y Waldrep Walker.C Y Walker.L YWall Y Ware Y Watson Y 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, the ayes were 150, 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 vote "aye" thereon. HB 1316. By Representatives Childers of the 15th, Athon of the 57th, McKelvey of the 15th and Smith of the 16th: A bill to amend Code Section 43-34-37 of the Official Code of Georgia Anno tated, relating to disciplinary sanctions by the Composite State Board of Medical Examiners, so as to require that board to investigate a licensee's fit ness to practice medicine if the board receives certain notifications regarding judgments or settlements relating to medical malpractice claims or relating to the practice of medicine. 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 YArgo Athon Y Atkins YAuten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop Bolster Y Bostick Y Branch Bray Y Brooks Y Brown.G YBuck Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Davis Dean Y Diion Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster YGaler Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Harris Y Hasty YHays Y Heard Hill Y Holcomb Y Holmes Y Hooks YHome 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 YLane,D YLane,R Lawler Y Lawrence Y Lawson YLee,C YLee.W Y Linder Y Logan YLong YLord Lucas Lupton Y Maddoi Y Mangum Y Martin.C Y MartinJ Matthews McDonald Y McKelvey Y McKinney 838 JOURNAL OF THE HOUSE, YMilam Y Milford Y Moody Y Moore Y Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Pettit Y Phillips Pinks ton Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P YRoss Y Royal 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 Thomas.C Thomas.M Y Thompson Townsend Y Triplett Y Twiggs Waddle Y Waldrep Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts Y 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 148, nays 0. The Bill, having received the requisite constitutional majority, was passed. SR 289. By Senator Hine of the 52nd: A resolution authorizing the conveyance of certain state owned property in the City of Cave Spring, Floyd County, Georgia. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y Adams.M Aiken Y Alford Y Alien Y Anderson Argo 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 Bolster Y Bostick Y Branch YBray Y Brooks Brown.G YBuck Y Burruss Byrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Colbert Y Coleman Colwell Connell Y Cooper Y Copelan Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Dover YDunn Edwards Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays Y Heard 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 Y Johnson, R Johnson,S Y Kilgore Y Kingston YLane.D Y Lane,R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan YLong Lord Lucas 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 Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T 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 Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Smith.T Y Smyre Stancil Y 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 Y White 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 140, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. WEDNESDAY, FEBRUARY 12, 1986 839 HB 1500. By Representatives Logan of the 67th and Argo of the 68th: A bill to amend Code Section 40-2-29.1 of the Official Code of Georgia Anno tated, relating to license plates commemorating the bicentennial of the Uni versity of Georgia, so as to extend the time of issuance of such license plates. The following amendment was read and adopted: The Committee on Motor Vehicles moves to amend HB 1500 by adding on line 5 of page 1 after the following: "fees;", the following: "to provide for the expiration date of such license plates;". By adding between line 11 and line 12 of page 2 the following: "Section 3. Said Code section is further amended by striking subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows: '(d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-29. Special license plates issued under this Code section may be transferred between vehicles as provided in Code Section 40-2-76. Special license plates issued under this Code section shall expire and shall not be renewed or revalidated after January -, 1090 December 31, 1989.'" By striking from line 12 of page 2 the number "3" and inserting in lieu thereof the number "4". By striking from line 15 of page 2 the number "4" and inserting in lieu thereof the number "5". 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 Anderaon YArgo Y Athon Y Atkins YAuten Bailey Y 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 Y Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Cheeks Y Childers Y Childs Clark.B Y Clark,L Y Colbert Y Coleman Colwell Connell Y Cooper Y Copelan Y Couch YCoi Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Dover Y Dunn Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Hill 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 Lawler Y Lawrence Y Lawson Y Lee.C Lee.W Y Under Y Logan YLong YLord Lucas Lupton Y Maddoi 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 Padgett Y Pannell YParham Y Parrish Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay 840 JOURNAL OF THE HOUSE, Y Reaves Redding Y Richardson Y 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 YSmyre Y Stancil Y Steinberg Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplett Y Twiggs Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts Y White Y 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, as amended, the ayes were 148, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HR 470. By Representatives Hamilton of the 124th and Coleman of the 118th: A resolution designating the headquarters of the Georgia Bureau of Investi gation as the Phil Peters Building. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y Adams,M Y Aiken Y Alford Y Alien Y Anderson YArgo YAthon Y Atkins Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Barnett.B Barnett.M YBeck Y Benefield YBenn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown,G YBuck YBurruss Byrd Y Carter Y Chambless Y Chance Y Cheeks Y Childere Y Childs Y Clark,B Y Clark.L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch YCoi Y Crawford YCrosby Y Cummings Daugherty YDavis Dean Y Diion YDobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Y Foster Galer Y Godbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Y Hanner Y Harris 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 Y Lane.R Y Lawler Lawrence YLawson YLee.C YLee,W Y Under YLogan YLong Lord Y Lucas 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 Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham YParrish Patten Y Peters 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,? 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 Townsend Y Triplett YTwiggs Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Ware Watson Y Watts Y White Wilder Y Williams,B Y Williams.J Y Wuliams,R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy ,Spkr On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. The following Bill of the House was taken up for the purpose of considering the report of the second Committee of Conference thereon: WEDNESDAY, FEBRUARY 12, 1986 841 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 tax payers shall be confidential and shall not be disclosed by boards of tax asses sors; to provide that such materials may be disclosed as necessary in tax collection proceedings. The following report of the second 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. FOR THE SENATE: /s/ WSeanyanteorG, 3a0rntherDistrict /s/ Max R.Brannon Senator, 51st District Respectfully submitted, FOR THE HOUSE OF REPRESENTATIVES: /s/ |teve Thompson Representative, 20th District /s/ fom CrosbyF jr. Representative, 150th District /s/ Waymond C. Huggins Senator, 53rd District /s/ Rudolph Johnson Representative, 72nd District COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 80 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 pro vide that materials obtained from or furnished by ad valorem taxpayers shall be confiden tial and shall not be disclosed by boards of tax assessors; to provide that such materials may be disclosed as necessary in tax collection proceedings; to provide a civil penalty for unlawful disclosure; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. 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 commis sioner shall not approve any digest when the assessed value fixed by the beafd of tax- 842 JOURNAL OF THE HOUSE, 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 reevaluation or reappraisal pro gram 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. (a) All records of the county board of tax assessors which consist of materials other than the return obtained from or furnished by an ad valorem taxpayer shall be confidential and shall not be subject to inspection by any person other than authorized personnel of appropriate tax administrators. As an illustration of the forego ing, materials which are confidential shall include, but shall not be limited to, taxpayers' accounting records, profit and loss statements, income and expense statements, balance sheets, and depreciation schedules. Such information shall remain confidential when it is made part of an appeal file. Nothing in this Code section, however, shall prevent any disclosure necessary or proper to the collection of any tax in any administrative or court proceeding. (b) Any person who knowingly and willfully furnishes information which is confiden tial under this Code section to a person who is not authorized by law to receive such information shall upon conviction be subject to a civil penalty not to exceed $1,000.00." Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except that no prosecution shall be made pursuant to this Act for any act committed before July 1, 1986. 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 report of the second 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 Y Aiken Y Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Auten Y Bailey Balkcom Y Bannister Y Bargeron Barnett.B Barnett.M YBeck Y Benefield YBenn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G YBuck Y Burruas YByrd Y Carter 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 YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Galer Y God bee Y Goodwin Y Greene Y Greer Groover Y Hamilton Y Banner Y Harris 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,F Y Johnson,R Y Johnson,S Y Kilgore Kingston Y Lane,D Y Lane.R Y Lawler Lawrence Y Lawson Y Lee.C YLee.W Y Under Y Logan YLong Lord Y Lucas 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 Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham 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.P YRoss Y Royal Russell Selman 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 Townsend Y Triplett YTwiggs Waddle Y Waldrep Y Walker.C Y Walker.L WEDNESDAY, FEBRUARY 12, 1986 843 Y Wall Ware Y Watson Y Watts White Wilder Y Williams,B Y WilliamsJ Y Williams.R On the motion, the ayes were 141, nays 0. The motion prevailed. Y Wilson Y Wood Y 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: HB 466. By Representative Manner of the 131st: A bill to amend Code Section 40-8-91 of the Official Code of Georgia Anno tated, relating to marking and equipment of law enforcement vehicles, so as to change the provisions relating to marking of law enforcement vehicles. The following Committee substitute was read: A BILL To amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, so as to change the provisions relating to marking of law enforcement vehicles; to change the provisions relating to the visibility of certain equipment; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Except as provided in subsection (b) of this Code section, any motor vehicle which is used on official business by any person authorized to make arrests for traffic violations in this state, or any municipality or county thereof, shall be distinctly marked on each side and the back with the name of the agency responsible therefor, in letters not less than six four inches in height." Section 2. Said Code section is further amended by striking in its entirety paragraph (2) of subsection (b) and inserting in lieu thereof a new paragraph (2) to read as follows: "(2) Require that any such motor vehicle be equipped with at least one lamp which when lighted shall display a flashing or revolving colored light visible under normal atmospheric conditions for a distance of 500 feet from the front and rear of such vehicle; and". 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 lost: Representatives Barnett of the 59th and Bannister of the 62nd move to amend the Committee substitute to HB 466 by deleting Section 3 on line 6 and adding a new Section 3 to read as follows: "This Act shall become effective July 1, 1987." 844 JOURNAL OF THE HOUSE, The following amendment was read: Representatives Barnett of the 59th and Bannister of the 62nd move to amend the Committee substitute to HB 466 by striking from line 5, page 2, the following language: "And rear of such vehicles; and" and substituting in lieu thereof the following: ", rear and sides of such vehicle; and". 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 Y Alien N Anderson N Argo N Athon N Atkins Auten N Bailey N Balkcom Y Bannister Bargeron Barnett.B Y Barnett,M NBeck N Benefield NBenn N Birdsong N Bishop N Bolster Y Bostick Y Branch NBray Y Brooks N Brown.G NBuck Y Burruss NByrd N Carter N Chambless N Chance N Cheeks N Childers Y Childs N Clark.B Y Clark,L Y Colbert N Coleman Y Colwell Connell N Cooper Y Copelan N Couch NCox N Crawford Y Crosby N Cummings Daugherty Y Davis Dean Y Dixon N Dobbs Y Dover N Dunn Edwards Felton N Floyd N Foster Galer NGodbee Y Goodwin N Greene N Greer N Groover N Hamilton N Manner N Harris N Hasty YHays N Heard Hill Holcomb N Holmes N Hooks Home N Hudson Y Isakson Y Jackson,J Y Jackson,N N Jamieson N Johnson.D Y Johnson,F N Johnson,R N Johnson.S N Kilgore Y Kingston Lane.D N Lane.R N Lawler Lawrence Y Lawson NLee.C NLee,W Linder N Logan NLong Lord Lucas Lupton Y Maddoj N Mangum Y Martin.C N Martin,J Matthews N McDonald N McKelvey McKinney Milam N Milford N Moody N Moore Y Morton N Mostiler Moultrie Y Mueller N Oliver.C N Padgett N Pannell NParham N Parrish Patten Y Peters Pettit N Phillips Pinkston N Porter Y Rainey N Ramsey.T Ramsey.V NRandall N Ransom NRay Reaves Redding N Richardson N Robinson.C N Robinson,? NRoss N Royal Russell N Selman On the adoption of the amendment, the ayes were 39, nays 103. The amendment was lost. Y Shepard N Sherrod Y Sinkfleld N Sizemore N Smith,L N Smith,P N Smith/I1 NSmyre Y Stancil N Steinberg N Thomas.C Thomas.M N Thompson Townsend Triplett YTwiggs Waddle N Waldrep N Walker.C N Walker.L N Wall Ware N Watson N Watts Y White Y Wilder Williams.B Y Williams,J N Williams.R N Wilson Y Wood N Workman N Yeargin Young Murphy,Spkr The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Aiken Y Alford Y 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 YBenn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G YBuck Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks WEDNESDAY, FEBRUARY 12, 1986 845 Y Childers Y 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 Edwards Y Felton Y Floyd Y Foster Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Harris 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 Lawrence Y Lawson YLee.C Y Lee,W Linder YLogan YLong Lord Y Lucas 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 Morion Y Mostiler Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Pettit Y Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Ramsey.V Y Randall Y Ransom YRay Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,P YRoss Y Royal Russell Y Selman N 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 Triplett Y Twiggs Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts N 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 148, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substi tute. By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Judiciary and referred to the Committee on Industry: SB 415. By Senator Barnes of the 33rd: A bill to amend Code Section 10-1-255 of the Official Code of Georgia Anno tated, relating to civil actions for practices in the marketing of octane or cetane fuels which are unlawful under the "Below Cost Sales Act," so as to provide that a person who sustains a competitive injury may recover punitive damages in a specified amount; to provide that punitive damages shall not begin to accrue until certain conditions have been met. 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 Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning. 846 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Thursday, February 13, 1986 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Aaron Adams.G Adams.M Aiken Alford Alien Anderson Argo Athon Atkins Auten Bailey Balkcom Bannister Bargeron Barnett.B Beck Benefield Benn Birdsong Bostick Branch Bray Brooks Brown.G Buck Buriuss Byrd Carter Chambless Chance Cheeks Childers Childs Clark.B Clark.L Colbert Coteman Colwell Connell Cooper Copelan Couch Cox Crawford Crosby Cu mm ings Dobbs Dover Dunn Felton Floyd Galer Godbee Goodwin Greene Greer Groover Hamilton Harris Hasty Hays Heard Hill Holcomb Holmes Hooks Hudson Isakson Jackson,J Jackson,N Jamieson Johnson,F Johnson.R Johnson.S Kilgore Kingston Lane.D Lane.R Lawrence Lawson Lee.C Lee.W Linder Logan Long Lord Mangum Martin.C McKelvey Milam Milford Moody Moore Morion Mostiler Moultrie Mueller Oliver.C Padgett Pannell Parham Parrish Peters Pettit Phillips Porter Rainey Ramsey,T Ramsey.V Randall Ransom Ray Richardson Robinson.C Robinson,P Ross Royal Russell Selman Shepard Sherrod Sinkfield Sizemore Smith,L Smith.P Smith.T Stancil Steinberg Thomas.M Townsend Twiggs Waldrep Walker,L Wall Ware Watson Watts White Wilder Williams.B Williarns.J Williams.R Wilson Wood Workman Yeargin Young Prayer was offered by Dr. William Wright, Pastor, Peachtree Christian Church, Atlanta, 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. THURSDAY, FEBRUARY 13, 1986 847 By unanimous consent, the following Bills and Resolution of the House were intro duced, read the first time and referred to the committees: HB 1765. By Representatives Bargeron of the 108th and Ross of the 82nd: 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 power of the General Assembly to authorize local taxing jurisdictions in Jefferson County to grant discounts for early payment of ad valorem taxes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1766. By Representative Adams of the 79th: A bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Upson County School District who is 62 years of age or over and who does not have an income from all sources, exceeding $10,000.00 per annum, shall be exempt from all ad valorem taxa tion for educational purposes levied for and in behalf of such school system. Referred to the Committee on State Planning & Community Affairs - Local. HB 1767. By Representatives Mangum of the 57th and Athon of the 57th: 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 authorizing the governing authority of DeKalb County to enter into certain contracts providing for garbage and solid waste collection and disposal. Referred to the Committee on State Planning & Community Affairs - Local. HB 1768. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: 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 Cobb County to establish fire protection districts and to levy taxes for such purposes upon approval by the voters. Referred to the Committee on State Planning & Community Affairs - Local. HB 1769. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Marietta to incur additional bonded indebtedness for educational purposes in an amount exceeding the general debt limitations of the Constitution (Res. Act No. 39). Referred to the Committee on State Planning & Community Affairs - Local. HB 1770. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Cobb County to construct and maintain solid waste facilities and to issue revenue bonds for such purpose (Res. Act No. 143). Referred to the Committee on State Planning & Community Affairs - Local. 848 JOURNAL OF THE HOUSE, HB 1771. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: 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 create the Downtown Marietta Development Authority (Res. Act No. 213). Referred to the Committee on State Planning & Community Affairs - Local. HB 1772. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Marietta to combine its water and sewerage system and its electric system and to issue revenue bonds without the necessity of a referendum (Res. Act No. 72). Referred to the Committee on State Planning & Community Affairs - Local. HB 1773. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: 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 create a Cobb County civil service system for any or all persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Cobb County. Referred to the Committee on State Planning & Community Affairs - Local. HB 1774. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st 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 abolishes the office of coroner in Cobb County and establishes in lieu thereof the office of county medical examiner (Res. Act No. 216). Referred to the Committee on State Planning & Community Affairs - Local. HB 1775. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: 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 Cobb County to establish and operate a sewerage system and to issue general obligation bonds for such purpose (Res. Act No. 32). Referred to the Committee on State Planning & Community Affairs - Local. HB 1776. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for an elected board of education of Cobb County and for the appointment of the Cobb County school superintendent by the board. Referred to the Committee on State Planning & Community Affairs - Local. THURSDAY, FEBRUARY 13, 1986 849 HB 1777. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Powder Springs Downtown Development Authority (Res. Act No. 161). Referred to the Committee on State Planning & Community Affairs - Local. HB 1778. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: 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 grant the governing authority of Cobb County the power to adopt ordinances for the governing of the county and to provide penalties for violations of such ordinances (Res. Act No. 19). Referred to the Committee on State Planning & Community Affairs - Local. HB 1779. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: 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 local law for the disposition of the assets and obli gations of any municipality lying wholly within Cobb County whose charter is repealed (Res. Act No. 215). Referred to the Committee on State Planning & Community Affairs - Local. HB 1780. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: 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 the City of Ausjtell to grant a homestead exemption to residents in an amount not to exceed fcl.OOO.OO (Res. Act No. 186). Referred to the Committee on State Planning & Community Affairs - Local. HB 1781. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: A bill to continue in force i and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to reapportion the education districts of the Cobb County board of education without the necessity of a referendum (Res. Act No. 163). Referred to the Committee on State Planning & Community Affairs - Local. HB 1782. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment allocating one-half of the revenue from taxes levied on the wholesale and retail sale of alcoholic bever ages and liquors sold within Cobb County and any municipality therein to the boards of education of the county or independent school district. Referred to the Committee on State Planning & Community Affairs - Local. 850 JOURNAL OF THE HOUSE, HB 1785. By Representatives Milam of the 81st, Ware of the 77th, Phillips of the 120th, Bray of the 91st and Groover of the 99th: A bill to amend Code Section 48-5-290 of the Official Code of Georgia Anno tated, relating to the creation and appointment of county boards of tax asses sors, so as to change the number of members which may be appointed to a county board of tax assessors. Referred to the Committee on Ways & Means. HB 1786. By Representatives Wilson of the 20th, Thompson of the 20th, Cooper of the 20th, Lawler of the 20th, Burruss of the 20th and others: A bill to provide a $4,000.00 additional homestead exemption from all City of Marietta ad valorem taxes for residents of that city. Referred to the Committee on State Planning & Community Affairs - Local. HB 1787. By Representatives Moultrie of the 93rd, Buck of the 95th, Galer of the 97th, Bishop of the 94th, Smyre of the 92nd and others: A bill to amend an Act providing a charter for the county-wide government of Columbus, so as to provide for procedures for filling vacancies in the office of Mayor or Councilor. Referred to the Committee on State Planning & Community Affairs - Local. HB 1788. By Representative Moultrie of the 93rd: A bill to amend an Act providing for the Board of Education of Harris County, so as to change provisions for the composition of education districts. Referred to the Committee on State Planning & Community Affairs - Local. HB 1789. By Representatives Thomas of the 69th, Lee of the 70th and Shepard of the 71st: A bill to amend an Act providing for a civil service system in Carroll County for employees of Carroll County, so as to change the composition of the civil service board of Carroll County. Referred to the Committee on State Planning & Community Affairs - Local. HB 1791. By Representative Hooks of the 116th: A bill to amend an Act creating the new charter for the City of Americus, so as to change the date of the municipal election. Referred to the Committee on State Planning & Community Affairs - Local. HB 1792. By Representatives Triplett of the 128th, Pannell of the 122nd, Hamilton of the 124th, Mueller of the 126th and Johnson of the 123rd: A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to change the corporate limits of the City of Savannah; to provide for certain taxes and charges. Referred to the Committee on State Planning & Community Affairs - Local. THURSDAY, FEBRUARY 13, 1986 851 HB 1794. By Representative Johnson of the 72nd: A bill to amend Code Section 16-5-45 of the Official Code of Georgia Anno tated, relating to unlawful interference with custody of a child or other person whose custody is entrusted to another individual, so as to provide that it shall constitute the offense of interstate interference with custody for a person to retain possession of a child or other person in another state, in violation of lawful custody, after the expiration of a visitation right. Referred to the Committee on Judiciary. HB 1795. By Representative Parrish of the 109th: A bill to create and incorporate the City of Summertown in the County of Emanuel and grant a charter to that municipality under that corporate name and style; to prescribe and define the corporate limits thereof. Referred to the Committee on State Planning & Community Affairs - Local. HB 1796. By Representative Copelan of the 106th: A bill to amend an Act changing the method of electing members of the Board of Education of Putnam County, so as to provide for the compen sation and per diem of such members. Referred to the Committee on State Planning & Community Affairs - Local. HB 1797. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: 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 power of the board of commissioners of Hall County to license, tax, and regulate businesses and occupations in the unincorporated area of Hall County. Referred to the Committee on State Planning & Community Affairs - Local. HR 719. By Representatives Johnson of the 76th, Greene of the 130th, Moore of the 139th, Mangum of the 57th, Byrd of the 153rd and others: A resolution creating the Study Committee on High School Dropouts. 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 1755 HB 1756 HB 1758 HB 1759 HB 1760 HHBB 1762 HB 1764 HB 1783 HB 1784 HB 1790 HB 1793 HR 715 HR 716 HR 717 HR 718 SB 369 Q^bRBP 3o^fQ9t04n bB 416 SB 438 SB 440 SR 317 SR 357 852 JOURNAL OF THE HOUSE, By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees: HB 1798. By Representatives Barnett of the 59th, Bannister of the 62nd, Goodwin of the 63rd, Wall of the 61st and Martin of the 60th: A bill to amend an Act providing for districts for the election of the Board of Education of Gwinnett County, so as to change the method of compen sating the board. Referred to the Committee on State Planning & Community Affairs - Local. HB 1799. By Representatives Barnett of the 59th, Bannister of the 62nd, Goodwin of the 63rd, Martin of the 60th, Lawson of the 9th and others: A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to change the compensation of the judges of the state court. Referred to the Committee on State Planning & Community Affairs - Local. HB 1800. By Representatives Barnett of the 59th, Wood of the 9th, Wall of the 61st, Martin of the 60th, Bannister of the 62nd 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 authorizing the General Assembly to create a merit system of employment for present and future employees of Gwinnett County other than elected officials. Referred to the Committee on State Planning & Community Affairs - Local. HB 1801. By Representatives Barnett of the 59th, Wood of the 9th, Wall of the 61st, Martin of the 60th, Bannister of the 62nd 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 empowering the board of commissioners of Gwinnett County to license and regulate busi nesses and levy license taxes on businesses in the county and to grant fran chises for solid waste collection and disposal, ambulance service, and cable television. Referred to the Committee on State Planning & Community Affairs - Local. HB 1802. By Representatives Barnett of the 59th, Wood of the 9th, Wall of the 61st, Martin of the 60th, Bannister of the 62nd 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 authorizing the board of commissioners of Gwinnett County to provide systems of gar bage disposal, acquire and operate sanitary landfills, levy a tax, divide the county into territorial sanitation districts, and procedures connected there with. Referred to the Committee on State Planning & Community Affairs - Local. HB 1803. By Representatives Barnett of the 59th, Wood of the 9th, Wall of the 61st, Martin of the 60th, Bannister of the 62nd 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 creation THURSDAY, FEBRUARY 13, 1986 853 of the Gwinnett County Industrial Building Authority and provisions for its powers, authority, funds, purposes, and procedures. Referred to the Committee on State Planning & Community Affairs - Local. HB 1804. By Representatives Barnett of the 59th, Wood of the 9th, Wall of the 61st, Martin of the 60th, Bannister of the 62nd 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 providing for an elected board of education and an appointed county superintendent of schools for Gwinnett County. Referred to the Committee on State Planning & Community Affairs - Local. HB 1805. By Representatives Barnett of the 59th, Wood of the 9th, Wall of the 61st, Martin of the 60th, Bannister of the 62nd 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 empowering the board of commissioners of Gwinnett County to promulgate ordinances imposing speed limits, weight limits on bridges, and truck routes and ordi nances protecting the health, welfare, and safety of the citizens. Referred to the Committee on State Planning & Community Affairs - Local. HB 1806. By Representatives Barnett of the 59th, Martin of the 60th, Goodwin of the 63rd, Wall of the 61st, Wood of the 9th and others: A bill to amend an Act providing for the education districts for the election of members of the Board of Education of Gwinnett County, so as to provide a term of one year for a member to serve as chairman. Referred to the Committee on State Planning & Community Affairs - Local. HB 1807. By Representatives Barnett of the 59th, Wood of the 9th, Wall of the 61st, Martin of the 60th, Bannister of the 62nd 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 estab lishment of a water, sanitation, sewerage, and fire protection district in Gwinnett County and the levying of taxes for such services in such district. Referred to the Committee on State Planning & Community Affairs - Local. HB 1808. By Representatives Barnett of the 59th, Wood of the 9th, Wall of the 61st, Martin of the 60th, Bannister of the 62nd 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 authorizing the governing authority of Gwinnett County to establish and administer fire protection districts and sewerage districts in the unincorporated area of the county. Referred to the Committee on State Planning & Community Affairs - Local. 854 JOURNAL OF THE HOUSE, HB 1809. By Representatives Matthews of the 145th and Royal of the 144th: A bill to amend an Act recreating the Board of Commissioners of Colquitt County, so as to change the composition and method of election of the board of commissioners. Referred to the Committee on State Planning & Community Affairs - Local. HB 1810. By Representatives Matthews of the 145th and Royal of the 144th: A bill to amend an Act relating to the board of education of Colquitt County, so as to change the compensation and expense allowances of the members of the board of education. Referred to the Committee on State Planning & Community Affairs - Local. HB 1811. By Representatives Matthews of the 145th and Royal of the 144th: A bill to amend an Act relating to the board of education of Colquitt County, so as to change the composition of the board of education of the Colquitt County School District. Referred to the Committee on State Planning & Community Affairs - Local. HB 1812. By Representative Lawler of the 20th: A bill to amend Code Section 20-2-204 of the Official Code of Georgia Anno tated, relating to educational paraprofessionals and aides, so as to prohibit aides being used in place of teachers and requiring aides to work under the direct supervision of teachers. Referred to the Committee on Education. HB 1813. By Representative Lawler of the 20th: 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 gov erning authority of the City of Marietta to create bonded indebtedness from time to time for the support of education and educational facilities within said city. Referred to the Committee on State Planning & Community Affairs - Local. HB 1814. By Representative Lawler of the 20th: 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 General Assembly to create a Downtown Marietta Development Authority in and for the City of Marietta. Referred to the Committee on State Planning & Community Affairs - Local. HB 1815. By Representatives Coleman of the 118th and Branch of the 137th: 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 county officers of Telfair County shall be ineligible to hold office under certain conditions (Res. Act No. 76). Referred to the Committee on State Planning & Community Affairs - Local. THURSDAY, FEBRUARY 13, 1986 855 HB 1816. By Representatives Lucas of the 102nd, Groover of the 99th, Randall of the 101st, Home of the 103rd and Pinkston of the 100th: A bill to amend an Act known as the "Macon-Bibb County Transit Authority Act of 1980," so as to permit board members to participate in and to be cov ered by any contract for group medical or hospitalization insurance plans otherwise provided by the authority for its director, its officers, and its employees. Referred to the Committee on State Planning & Community Affairs - Local. 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: HB 1159 Do Pass, by Substitute HB 1526 Do Pass HB 1591 Do Pass SB 32 Do Pass, by Substitute SB 267 Do Pass, by Substitute SB 387 Do Pass, by Substitute Respectfully submitted, /si 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 Senate and has instructed me to report the same back to the House with the following recommendations: HB 1723 Do Pass SB 303 Do Pass SB 433 Do Pass Respectfully submitted, /s/ Watson of the 114th Chairman Representative Thomas of the 69th District, Acting Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1475 Do Pass, by Substitute SB 312 Do Pass SB 344 Do Pass SB 374 Do Pass, by Substitute Respectfully submitted, /s/ Thomas of the 69th Acting Chairman 856 JOURNAL OF THE HOUSE, Representative Peters of the 2nd District, Chairman of the Committee on Legislative & Congressional Reapportionment, submitted the following report: Mr. Speaker: Your Committee on Legislative & Congressional Reapportionment has had under con sideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 181 Do Pass Respectfully submitted, /s/ Peters of the 2nd 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 and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HB 889 Do Pass HB 1581 Do Pass HR 644 Do Pass HR 69 Do Pass HB 344 Do Pass, by Substitute Respectfully submitted, Isl Coleman of the 118th Chairman Representative Johnson of the 72nd District, Chairman of the Committee on Retire ment, submitted the following report: Mr. Speaker: Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1684 Do Pass Respectfully submitted, /s/ Johnson of the 72nd Chairman Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 714 Do Pass HR 502 Do Pass, by Substitute HR 657 Do Pass HR 664 Do Pass THURSDAY, FEBRUARY 13, 1986 857 Respectfully submitted, 1st 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 1724 Do Pass HB 1727 Do Pass HB 1728 Do Pass HB 1729 Do Pass HB 1730 Do Pass HB 1731 Do Pass HB 1733 Do Pass HB 1735 Do Pass HB 1736 Do Pass HB 1737 Do Pass HB 1738 Do Pass HB 1739 Do Pass HB 1740 Do Pass HB 1743 Do Pass HB 1744 Do Pass HB 1747 Do Pass HB 1749 Do Pass HB 1750 Do Pass HB 1752 Do Pass SB 359 Do Pass Respectfully submitted, /s/ Adams of the 36th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, FEBRUARY 13, 1986 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 23rd Legislative Day as enumerated below: HB 1187 HB 1334 HB 1344 HB 1361 HB 1375 HB 1412 HB 1414 HB 1418 HB 1433 HB 1435 HB 1446 HB 1447 HB 1490 Venereal Diseases: Include Aids Anatomical Gift: Minors: Hospital Request Authorization Wildlife: Lawful Taking: Prohibit Interference State Commission on Condemnation of Public Property: Create Hotels, Etc.: Termination of Occupants: Notice Ad Valorem Tax: Agricultural Property: Breach of Covenant Council Of Magistrate Court Judges: Create Appeals: Contempt: Granting Supersedeas Merchants; Parking Area: Cert. Criminal Trespass State Examining Boards: Central File Cert. Educational Loans: National Guard: Eligibility Family Violence Provisions: Cert. Non-Married Persons Bldgs.: Glass Installation: Hazardous Locations HR 464 Hartsfield Atlanta Inter. Airport Overview Comm.: Create HR 577 Joint Liability Insurance Study Committee HR 585 Brantley County: Convey Property SB 120 Legislative Retirement: Creditable Service: Allowance SB 186 Northeastern Judicial Circuit: Add Judge SB 264 Piedmont Judicial Circuit: Add Judge 858 JOURNAL OF THE HOUSE, SB 338 Georgia Ports Authority: Venue In Actions 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, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 1724. By Representatives Greene of the 130th and Edwards of the 112th: A bill to amend an amendment to the Constitution providing for the office of sheriff of Chattahoochee County, which amendment was proposed by Resolution Act No. 196 of the 1972 General Assembly, so as to provide for the operating expenses required in discharging the duties of the office of sheriff. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1727. By Representatives Triplett of the 128th, Alien of the 127th, Mueller of the 126th, Johnson of the 123rd and Pannell of the 122nd: A bill to amend an Act establishing a new charter for the municipality of Garden City, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1728. By Representative Ross of the 82nd: A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Lincoln County into the office of Tax Commissioner of Lincoln County, so as to change the compensation of the tax commissioner. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1729. By Representatives Ross of the 82nd, Harris of the 84th and Hill of the 83rd: A bill to create the Tri-County Water Authority for the Counties of Columbia, McDuffie, and Lincoln. THURSDAY, FEBRUARY 13, 1986 859 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1730. By Representative Ross of the 82nd: A bill to provide for election of members of the Board of Education of Lin coln County. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1731. 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 composition of the board; to change the manner of electing the members of the board. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1733. By Representatives Dover of the llth and Jamieson of the llth: A bill to amend an Act reincorporating and providing a new charter for the City of Helen, so as to change the name of the governing authority of the City of Helen from the "city council" to the "city commission". The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1735. By Representative Watts of the 41st: A bill to amend an Act creating a new charter for the City of Hiram, so as to provide for the election of the councilmen from numbered posts. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HP 1736. By Representatives Padgett of the 86th, Walker of the 85th, Ransom of the 90th and Connell of the 87th: 860 JOURNAL OF THE HOUSE, A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes appropria tions not to exceed $75,000.00 per year to advertise and promote facilities and assets of Richmond County and encourage location and expansion of business therein and attract tourists thereto. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1737. By Representatives Padgett of the 86th, Ransom of the 90th, Walker of the 85th and Connell of the 87th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes Richmond County to acquire and construct incinerators, garbage and refuse facilities, to fix charges for their use, to enter into leases and contracts, and to issue revenue bonds. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1738. By Representative Lord of the 107th: A bill to provide a $10,000.00 homestead exemption for certain property from Washington County ad valorem taxes for certain residents of that county who have certain annual incomes not exceeding $10,000.00 and who are 65 years of age or over. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1739. By Representative Lord of the 107th: A bill to provide a $10,000.00 homestead exemption for certain property from Washington County School District ad valorem taxes for educational pur poses for certain residents of that county who have certain annual incomes not exceeding $10,000.00 and who are 65 years of age or over. The report of the Committee, which was favorable to the passage of the Bill, was 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 13, 1986 861 HB 1740. By Representative Birdsong of the 104th: A bill to amend an Act establishing a new charter for the City of Jeffersonville, so as to provide for four-year terms of office for the mayor and council. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1743. By Representatives Dixon of the 151st and Crosby of the 150th: A bill to provide for the compensation of the coroner of Ware County; to provide for the payment of such compensation; to provide that fees, costs, commissions, allowances, moneys, and other emoluments and perquisites shall become the property of the county. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1744. By Representatives Pettit of the 19th, Childers of the 15th, Maddox of the 7th and McKelvey of the 15th: A bill to provide for an assistant district attorney for the Cherokee Judicial Circuit; to provide for the employment, powers, duties, term of office, compensation, and expenses of such assistant district attorney. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1747. By Representatives Mostiler of the 75th and Johnson of the 76th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 263 and which creates the Griffin Development Author ity. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1749. By Representatives Isakson of the 21st, Johnson of the 21st, Wilder of the 21st, Aiken of the 21st, Atkins of the 21st and others: A bill to amend an Act changing the compensation of the clerk of the supe rior 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 provisions 862 JOURNAL OF THE HOUSE, relating to the compensation of the clerk of the superior court and the deputy clerk of the superior court. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1750. By Representatives Cooper of the 20th, Wilder of the 21st, Thompson of the 20th, Aiken of the 21st, Lawler of the 20th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change certain costs in said court. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1752. By Representative Waldrep of the 80th: 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 Monroe County Industrial Development Authority and provisions for its powers, authority, funds, purposes, and procedures. The report of the Committee, which was favorable to the passage of the Bill, was 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 359. By Senator Reddish of the 6th: A bill to amend an Act providing for the compensation of the coroner of Wayne County, approved March 17, 1978 (Ga. L. 1978, p. 4056), so as to change the compensation of the coroner. The report of the Committee, which was favorable to the passage of the Bill, was 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: THURSDAY, FEBRUARY 13, 1986 863 SB 493. By Senators Bryant of the 3rd and Reddish of the 6th: A bill to amend an Act creating the State Court of Glynn County, approved March 4, 1943 (Ga. L. 1943, p. 702), as amended, particularly by an Act appproved January 31, 1984 (Ga. L. 1984, p. 3542), so as to change the compensation of the clerk of said court. HB 1392. By Representative Yeargin of the 14th: A bill to amend an Act incorporating the City of Elberton in Elbert County, so as to change the date of elections to be held for the offices of mayor and councilmen. HB 1442. By Representatives Robinson of the 58th, Richardson of the 52nd, Aaron of the 56th, Childs of the 53rd, Redding of the 50th 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 author ity of the Board of Education of DeKalb County to establish, acquire, con struct, maintain, and operate a junior college; to provide the authority for this Act. HB 1563. By Representatives Pannell of the 122nd, Mueller of the 126th, Triplett of the 128th, Hamilton of the 124th, Johnson of the 123rd and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for an exemption from ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham. HB 1564. By Representatives Triplett of the 128th, Mueller of the 126th, Pannell of the 122nd, Hamilton of the 124th, Johnson of the 123rd and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the General Hospi tal Authority of West Chatham County. HB 1565. By Representatives Triplett of the 128th, Mueller of the 126th, Pannell of the 122nd, Hamilton of the 124th, Johnson of the 123rd and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that each person who is 65 years of age or over or who is totally disabled shall be granted an exemption from all ad valorem taxes levied by Chatham County for county purposes in an amount to be fixed by the Board of Commissioners of Chatham County. HB 1566. By Representatives Triplett of the 128th, Mueller of the 126th, Pannell of the 122nd, Hamilton of the 124th, Johnson of the 123rd and others: A bill to continue in force and effect as a part of the constitution of the State of Georgia that constitutional amendment authorizing Chatham County to enact ordinances for the policing of the county, for the levying of occupa tional licenses taxes, providing for penalties, and authorizing, confirming, and ratifying the establishment of a county recorder's court. HB 1567. By Representatives Pannell of the 122nd, Triplett of the 128th, Mueller of the 126th, Hamilton of the 124th, Johnson of the 123rd and others: 864 JOURNAL OF THE HOUSE, 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 grant to the governing authorities of Chatham County authority to establish civil service boards and a civil service system. HB 1568. By Representatives Triplett of the 128th, Pannell of the 122nd, Mueller of the 126th, Hamilton of the 124th, Johnson of the 123rd and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Board of Commissioners of Chatham County to provide for the payment of taxes due upon real and personal property at such times and in such manner as the commissioners may provide. SB 292. By Senator Dawkins of the 45th: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to require that cer tain contracts between principals engaged in wholesale sales and their sales representatives must be in writing; to require that such principals furnish copies of such contracts to their sales representatives and obtain signed receipts for such copies. HB 1142. By Representatives Phillips of the 120th and Walker of the 115th: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Environmental Facilities Authority; to enable the authority to utilize development capital assistance programs of the United States government and in support of this program to assist local governments in meeting their environmental facility needs. HB 391. By Representative Cummings of the 17th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change the provisions relating to the definition of an employee under the Employees' Retirement System of Georgia; to change the provisions relating to the definition of a teacher under the Teachers Retirement System of Georgia. HB 612. By Representative Steinberg of the 46th: A bill to amend Code Section 47-2-295 of the Official Code of Georgia Anno tated, relating to transfers made to the Employees' Retirement System of Georgia from a county retirement system of employee and employer con tributions made in connection with employment by a juvenile detention facil ity, so as to provide for transfers under stated conditions for a particular time period. HB 787. By Representative Bray of the 91st: A bill to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to authorize the Secretary of State to print and distribute cur rent maps describing the boundaries of congressional districts and the legis lative districts of members of the Georgia Senate and House of Representatives. THURSDAY, FEBRUARY 13, 1986 865 HB 828. By Representative Johnson of the 72nd: A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Anno tated, relating to the Sheriffs' Retirement Fund of Georgia, so as to clarify the provisions regarding death benefits. HB 1236. By Representatives Watson of the 114th, Byrd of the 153rd, Hooks of the 116th, Couch of the 40th and Kilgore of the 42nd: A bill to amend Chapter 23 of Title 43 of the Official Code of Georgia Anno tated, relating to landscape architects, so as to change the termination date of and to continue the Georgia Board of Landscape Architects and the laws relating to such board. HB 1258. By Representatives Pinkston of the 100th, Groover of the 99th and Randall of the 101st: A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the sesquicentennial of the founding of Wesleyan College. HB 1314. By Representative Steinberg of the 46th: A bill to amend Code Section 28-5-60 of the Official Code of Georgia Anno tated, relating to creation of the Claims Advisory Board, so as to provide that the commissioner of corrections serve on the board; to provide for a quorum necessary to transact official business. HB 1323. By Representative Kilgore of the 42nd: A bill to amend Code Section 46-8-232 of the Official Code of Georgia Anno tated, relating to special officers for the protection of railroad property, so as to remove the requirement that a special officer shall have been an employee of the company making application for six months prior to the time of application. HB 1364. By Representatives Walker of the 85th, Padgett of the 86th, Walker of the 115th, Randall of the 101st, Pinkston of the 100th and others: A bill to amend Part 4 of Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to filing of financing statements in secured transactions, so as to require that a financing statement and a continuation statement shall specify the maturity date of the secured obligation or shall specify that the obligation is not subject to a maturity date only as to certain secured transactions. HB 1424. By Representatives Groover of the 99th, Pinkston of the 100th and Lucas of the 102nd: A bill to amend Article 1 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding waste manage ment, so as to declare unlawful the placing, dumping, or disposing of the contents of a septic tank, waste water holding tank, grease trap, or other such container into a public storm or sanitary sewer pipeline without first obtaining written permission. HB 251. By Representatives Johnson of the 72nd, Steinberg of the 46th, Clark of the 13th, and Lawler of the 20th: 866 JOURNAL OF THE HOUSE, A bill to amend Code Section 47-3-120 of the Official Code of Georgia Anno tated, relating to retirement allowances under the Teachers Retirement System of Georgia, so as to change the provisions relative to the computation of average compensation. HB 422. By Representative Johnson of the 72nd: A bill to amend Code Section 47-2-296 of the Official Code of Georgia Anno tated, relating to rights and options of county probation system employees in connection with the Employees' Retirement System of Georgia, so as to change the provisions relating to employee and employer contributions in cases where an employee elects to continue membership in a local retirement system. SB 396. By Senators Coleman of the 1st, Kennedy of the 4th and Holloway of the 12th: A bill to amend Chapter 6 of Title 13 of the Official Code of Georgia Anno tated, relating to damages and costs in actions based on contracts, so as to provide for treble damages as a civil remedy for the writing of bad checks; to provide for service charges; to provide for form of notice of a demand. SB 441. By Senators Stumbaugh of the 55th and Foster of the 50th: A bill to amend Code Sections 20-2-142 and 20-2-285.1 of the Official Code of Georgia Annotated, so as to provide that information shall be presented to young people relating to the consequences that may result while driving under the influence; to change certain internal cross-references. SB 450. By Senators Gillis of the 20th and McGill of the 24th: A bill to amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to provide that the commissioner of natural resources may issue permits under the "Shore Assistance Act of 1979" and the "Coastal Marshlands Pro tection Act of 1970", to provide for public notice and opportunity for public hearing on draft permits. SB 476. By Senator Peevy of the 48th: A bill to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to provide for certain written notice to a tenant at will or sufferance prior to a demand for possession by the purchaser of the lessor's interest at a foreclosure sale. SB 327. By Senator Phillips of the 9th: A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide that when a patient in a hospital is a suitable candidate, based on accepted medical standards, to make a gift of all or any part of such patient's body, the hospi tal administrator shall at the time of death of such patient, request that cer tain persons consent to such gift. SB 335. By Senators Scott of the 2nd and Coleman of the 1st: A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for THURSDAY, FEBRUARY 13, 1986 867 the removal from office of members of county boards of education for certain causes; to provide that a member's position on a county board of education shall become vacant if the member fails to attend a certain number of con secutive regularly scheduled meetings of the county board of education. SB 378. By Senator Barnes of the 33rd: A bill to amend Code Section 53-8-2 of the Official Code of Georgia Anno tated, relating to standards for investments by trustees and executors, so as to provide for the right of beneficiaries of marital deduction trusts described in Internal Revenue Code Section 2056(b)(7) to direct the conversion of trust property into productive or income-producing property. SB 447. By Senators Turner of the 8th, McKenzie of the 14th, Stumbaugh of the 55th and others: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to the regulation of insurance rule making, insurance rates, and related organizations, so as to provide that insurers shall not consider certain accidents in the computation of rate or premium charged for a policy of motor vehicle insurance which provides coverage for the personal motor vehicles of a law enforcement officer. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House: HR 363. By Representatives Walker of the 115th and Phillips of the 120th: A resolution proposing an amendment to the Constitution so as to provide that general obligation debt by the state may be incurred to finance water or sewage facilities or systems for counties, municipalities, political subdivi sions, and authorities through the Georgia Development Authority and to provide that it shall not be necessary for the state or the Georgia Develop ment Authority to take title to such facilities or systems. HR 519. By Representative Hudson of the 117th: A resolution authorizing the conveyance of certain state owned real property located in Hawkinsville, Pulaski County, Georgia, to the Pulaski Develop ment Company, Inc. HR 566. By Representatives Chance of the 129th and Triplett of the 128th: A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to grant and convey to Fort Howard Paper Company an easement over, under, across, and through certain real property owned by the State of Georgia and located in Effingham County, Georgia, for the con struction, installation, operation, maintenance, repair and improvement of intake/outfall facility. HR 586. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th: A resolution authorizing the conveyance of certain state owned real property located in Lowndes County, Georgia, to the Lowndes County Board of Commissioners. 868 JOURNAL OF THE HOUSE, By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 292. By Senator Dawkins of the 45th: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to require that cer tain contracts between principals engaged in wholesale sales and their sales representatives must be in writing; to require that such principals furnish copies of such contracts to their sales representatives and obtain signed receipts for such copies. Referred to the Committee on Judiciary. SB 327. By Senator Phillips of the 9th: A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide that when a patient in a hospital is a suitable candidate, based on accepted medical standards, to make a gift of all or any part of such patient's body, the hospi tal administrator shall at the time of death of such patient, request that cer tain persons consent to such gift. Referred to the Committee on Judiciary. SB 335. By Senators Scott of the 2nd and Coleman of the 1st: A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for the removal from office of members of county boards of education for certain causes; to provide that a member's position on a county board of education shall become vacant if the member fails to attend a certain number of con secutive regularly scheduled meetings of the county board of education. Referred to the Committee on Education. SB 378. By Senator Barnes of the 33rd: A bill to amend Code Section 53-8-2 of the Official Code of Georgia Anno tated, relating to standards for investments by trustees and executors, so as to provide for the right of beneficiaries of marital deduction trusts described in Internal Revenue Code Section 2056(b)(7) to direct the conversion of trust property into productive or income-producing property. Referred to the Committee on Judiciary. SB 396. By Senators Coleman of the 1st, Kennedy of the 4th and Holloway of the 12th: A bill to amend Chapter 6 of Title 13 of the Official Code of Georgia Anno tated, relating to damages and costs in actions based on contracts, so as to provide for treble damages as a civil remedy for the writing of bad checks; to provide for service charges; to provide for form of notice of a demand. Referred to the Committee on Special Judiciary. SB 441. By Senators Stumbaugh of the 55th and Foster of the 50th: A bill to amend Code Sections 20-2-142 and 20-2-285.1 of the Official Code of Georgia Annotated, so as to provide that information shall be presented THURSDAY, FEBRUARY 13, 1986 869 to young people relating to the consequences that may result while driving under the influence; to change certain internal cross-references. Referred to the Committee on Motor Vehicles. SB 447. By Senators Turner of the 8th, McKenzie of the 14th, Stumbaugh of the 55th and others: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to the regulation of insurance rule making, insurance rates, and related organizations, so as to provide that insurers shall not consider certain accidents in the computation of rate or premium charged for a policy of motor vehicle insurance which provides coverage for the personal motor vehicles of a law enforcement officer. Referred to the Committee on Insurance. SB 450. By Senators Gillis of the 20th and McGill of the 24th: A bill to amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to provide that the commissioner of natural resources may issue permits under the "Shore Assistance Act of 1979" and the "Coastal Marshlands Pro tection Act of 1970", to provide for public notice and opportunity for public hearing on draft permits. Referred to the Committee on Natural Resources & Environment. SB 476. By Senator Peevy of the 48th: A bill to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to provide for certain written notice to a tenant at will or sufferance prior to a demand for possession by the purchaser of the lessor's interest at a foreclosure sale. Referred to the Committee on Special Judiciary. SB 493. By Senators Bryant of the 3rd and Reddish of the 6th: A bill to amend an Act creating the State Court of Glynn County, approved March 4, 1943 (Ga. L. 1943, p. 702), as amended, particularly by an Act appproved January 31, 1984 (Ga. L. 1984, p. 3542), so as to change the compensation of the clerk of said court. Referred to the Committee on State Planning & Community Affairs - Local. Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time: SB 186. By Senators Deal of the 49th and Foster of the 50th: A bill to amend Code Section 15-6-2, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Northeastern Judicial Circuit. The following amendment was read and adopted: 870 JOURNAL OF THE HOUSE, The Committee on Judiciary moves to amend SB 186 by striking from lines 6 through 9 of page 2 the following: "within 30 days after the approval of this Act, and he shall serve until the first day of January, 1987, and until his successor is duly elected and qualified", and inserting in its place the following: "for a term beginning July 1, 1986, and expiring December 31, 1988". By striking from line 9 of page 2 the following: "1986", and inserting in its place the following: "1988". By striking from line 12 of page 2 the following: "1987", and inserting in its place the following: "1989". By striking from line 6 of page 5 the following: "1985", and inserting in its place the following: "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 YAdam8,G YAdams,M YAiken YAlford Y Alien YAnderson YArgo YAthon Y Atkins YAuten Y Bailey YBalkcom Y Bannister YBargeron YBarnett,B YBarnett,M Beck YBenefield YBenn YBirdsong Bishop Y Bolster YBostick Y Branch YBray Brooks Brown,G YBuck YBurruss Y Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Clark,B YClark,L YColbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Y CoGch Y Cox YCrawford Y Crosby Y Cummings Daugherty Davis Dean Dixon Dobbs Y Dover Dunn Edwards YFelton Y Floyd Y Foster Y Galer Godbee Y GoodTM Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Harris Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes Y Hooks Home Y Hudson Y Isakson J.a<*IK>ni Y Jackson.N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson.R Y Johnson,S Y Kilgore Kingston Y Lane.D Lane,R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee W Y Lmder Y Logan Y Long Y Lord Y Lucas Lupton Maddox Y Mangurn Martin.C Y Martm,J Matthews ^Donald Y McKelvey McKmney v$T* Y Milford Y Moody Y Moore Y Morton Y Mostiler JJJou ,trle Y Mueller Y Ohver.C Y Padgett Y Pannell Y Pa ham Y Parnsh Patten * Mere Y Pert Y Philips Prnkrton VR^ v^T^vT Y Ramsey.T p^Tn Randall Y Ransom Ray Reaves Redd ing Y R,chardson Robmson.C Y Robmson.P Y Royal vp n Y Russell Y SeIman Y Shepard v linked Y Smkfleld v 1ST Y Smith,L Y Smith.P THURSDAY, FEBRUARY 13, 1986 871 Smith.T Smyre Y Stancil YSteinberg 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 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 137, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1187. By Representatives McKinney of the 35th, Wall of the 61st, Bannister of the 62nd and Barnett of the 59th: A bill to amend Code Section 31-17-1 of the Official Code of Georgia Anno tated, relating to the enumeration of venereal diseases, so as to include acquired immune deficiency syndrome (AIDS) within that enumeration. The following Committee substitute was read: A BILL To amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which application for appeal is required, so as to provide for appeals from orders issued pursuant to Code Section 31-17-4; to amend Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to the control of venereal disease, so as to revise sub stantially that chapter in order to provide for the applicability of several provisions thereof to sexually transmissible infections; to provide for definitions; to provide for legislative declarations and findings; to require reports of sexually transmissible infection cases; to require certain infected persons to submit to certain measures and provide for judicial pro ceedings and jurisdiction to require such submission and for the reviewability of certain orders; to provide for testing of pregnant women for sexually transmissible infections; to provide for prophylactic treatment of newborn children regarding sexually transmissible infection; to provide for certain laboratory tests and results; to provide for treatment of minors having sexually transmissible infections; to provide for the confidential and privi leged nature of certain information regarding sexually transmissible infections and infected persons and restrict the disclosure of that information and provide for exceptions thereto; to provide for departmental designation of sexually transmissible infections and high-risk groups for such infections; to provide for immunity from liability; to provide for criminal penalties; to provide for disciplinary sanctions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which application for appeal is required, is amended by adding immediately following paragraph (7) of subsection (a) thereof a new paragraph to read as follows: "(7.1) Appeals from orders under Code Section 31-17-4 requiring persons infected with sexually transmissible infections to submit to certain measures;". Section 2. Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relat ing to the control of venereal disease, is amended by striking that chapter in its entirety and inserting in its place a new chapter to read as follows: "CHAPTER 17 31-17-1. As used in this chapter, the term: (1) 'Infected person' means any person alleged to be or actually infected with a sexually transmissible infection. 872 JOURNAL OF THE HOUSE, (2) 'Sexually transmissible infection' means any of the following: (A) Treponema pallidum, causing syphilis; (B) Neisseria gonorrhoeae, causing gonorrhea; (C) Chlamydia trachomatis, causing mucopurulent cervicitis, vaginitis, and urethritis; (D) Acquired immune deficiency syndrome (AIDS); (E) Herpes virus type II, causing Herpes genitalis; and (F) Such other infections as determined by the Department of Human Resources under Code Section 31-17-10 to be sexually transmissible. 31-17-2. (a) Sexually transmissible infections are declared to be dangerous to the public health, safety, and welfare. (b) In order to ensure that sexually transmissible infections will be reported as required by this chapter, and to protect the constitutional and common law right of pri vacy of infected persons and their contacts, the General Assembly finds that certain information regarding these infections and infected persons should be made privileged and confidential and certain proceedings relating thereto shall be closed to the public. 31-17-3. Any physician or other person who makes a diagnosis of or treats a case of sexually transmissible infection and any superintendent or manager of a hospital, dis pensary, or charitable or penal institution in which there is discovered a case of sexually transmissible infection shall make a report of such case to the department in such form and manner as the department shall direct. 31-17-4. (a) Any authorized agent of the department or of a county board of health is authorized, when in that person's judgment it is necessary to protect the public health, safety, and welfare, to require any infected person to submit to examination, testing, treatment, counseling, or any combination thereof, and, upon the infected person's refusal to submit thereto, may seek a court order under this Code section requiring such submission. For purposes of this Code section, the term 'court' means the superior court, which court shall have exclusive original jurisdiction over actions under this Code section. (b) An application for a court order under this Code section shall be filed in the superior court of the county of residence of the infected person or the county where that person is found and shall be filed with the clerk of that superior court. That clerk shall file and handle any such application and related papers in the same fashion and with the same confidentiality as required for adoption proceedings. (c) An application for a court order under this Code section shall set out with specificity the following: (1) Each reason for believing the infected person is reasonably likely to be infected with a sexually transmissible infection and the infected person's inclusion in any known high-risk group for such infection may be among the reasons but not the sole reason for such belief; (2) The sexually transmissible infection with which the infected person is believed to be infected; and (3) Any examination or testing required and the general terms of any required treatment or counseling. (d) An application or hearing under this Code section shall not require the disclosure of the identity of any alleged sexual or other contact who served as an informant regard ing an infected person. The evidence of such informant, however, shall be received by an affidavit for in camera review by the court. Such affidavit shall specify: (1) Whether such informant has had intimate sexual contact with the infected person; (2) The nature of any such sexual contact; and (3) Whether the informant has a sexually transmissible infection or resulting disease. A copy of such affidavit, with the deletion of the informant's name and identity, shall be given at or prior to the hearing to the infected person or that person's counsel. (e) Upon an application being filed under this Code section, the court shall have served on the infected person named in the application a copy of the application and THURSDAY, FEBRUARY 13, 1986 873 shall require that person to show cause, at a hearing held by that court, why the appli cation for the court order should not be granted. (f) An infected person for whom an order is sought under this Code section shall have a right to counsel in any judicial proceeding under this Code section and if that person cannot afford counsel, the court shall appoint counsel for that person. The governmental entity on behalf of which the application is made for a hearing under this Code section shall pay the expenses for any appointed counsel therefor from any funds available to that entity. Counsel shall be paid in the same manner in which attorneys are paid for hearings under Chapter 3 of Title 37, relating to mental health. (g) Any hearing or proceeding by the court under this Code section shall be a nonjury hearing or proceeding held in camera and only court personnel, parties to the proceeding and their witnesses, and any counsel for the parties may be present. Informa tion obtained at such hearing or proceeding shall be privileged and confidential. (h) Upon a showing of probable cause by an applicant for an order at a hearing under subsection (g) of this Code section, which probable cause must include more evi dence than the infected person's inclusion in a high-risk group for a sexually transmissible infection, the court may order and require appropriate examination, test ing, treatment, counseling, or any combination thereof for an infected person. (i) When reasonably necessary to carry out an order under subsection (h) of this Code section, the court may command any law enforcement agency to locate, restrain, and arrest the infected person subject to that order. (j) Orders issued under subsection (h) of this Code section shall be reviewable on appeal pursuant to Code Section 5-6-35, except that any notice of appeal shall not act as a supersedeas for any order requiring testing, examination, treatment, counseling, or any combination thereof. 31-17-5. (a) The department may require every pregnant woman, or any special risk group of pregnant women as determined by the department under its rules and regula tions, to submit to a standard serologic test or other appropriate tests to determine sexually transmissible infections and may require any person attending or giving prenatal care to such woman to take or cause to be taken a blood specimen for use in such test. Such specimens shall be submitted for laboratory testing in the manner pre scribed by the department; and all laboratories conducting such tests shall comply with the rules, regulations, and reporting requirements prescribed therefor by the depart ment. (b) When a test given to a pregnant woman under subsection (a) of this Code section has been determined to be or confirmed positive for a sexually transmissible infection, the results of that test shall be privileged and confidential and may not be disclosed except to: (1) The department; (2) The pregnant woman to whom the test was given; (3) Any physician attending or giving prenatal care to the pregnant woman to whom the test was given; and (4) Any adoption or child placement agency, foster parents, or adoptive parents who have or seek to have legal custody of the child who was delivered or is to be delivered by the woman to whom the test was given, except that the identity of nei ther natural parent of the child may be disclosed, and the department by rule and regulation may specify additional conditions for any disclosure under this paragraph. 31-17-6. It shall be the duty of any person who shall be in attendance on any child birth to apply to the child such prophylactic treatment as may be prescribed by the department to prevent blindness from gonococcus infection; to comply otherwise with such rules, regulations, and reporting requirements as shall be prescribed by the depart ment; and to employ such reasonable medical practices and procedures as are estab lished by rules of the department as being necessary to prevent or minimize the risk of infection from sexually transmissible infection. 31-17-7. All laboratories conducting any test for sexually transmissible infections shall comply with the rules, regulations, and reporting requirements prescribed therefor by the department. Such test results and records thereof shall be privileged and con fidential and shall not be disclosed except to: 874 JOURNAL OF THE HOUSE, (1) The department; (2) Any physician ordering such tests; and (3) Any person on whom the test was performed. 31-17-8. (a) The consent to the provision of medical or surgical care or services by a hospital or public clinic or to the performance of medical or surgical care by a physi cian licensed to practice medicine, when such consent is given by a minor who is or pro fesses to be afflicted with a sexually transmissible infection, shall be as valid and binding as if the minor had achieved the minor's majority, except that any such treat ment shall involve procedures and therapy related to conditions or illnesses arising out of the sexually transmissible infection which gave rise to the consent authorized under this Code section. Any such consent shall not be subject to later disaffirmation by reason of minority. The consent of no other person or persons, including but not limited to a spouse, parent, custodian, or guardian shall be necessary in order to authorize the provision to such minor of such medical or surgical care or services as are described in this subsection. (b) The fact of a minor's having a sexually transmissible infection or consenting to or obtaining treatment therefor, if such fact arises out of actions by that minor pursuant to subsection (a) of this Code section, shall be privileged and confidential and may not be disclosed except to: (1) Any physician or other member of the medical staff of a hospital or public health clinic, which physician or staff member is involved in providing that treatment; (2) The parents, guardian, or custodian of a minor under 13 years of age; and (3) The minor who is the infected person. 31-17-9. (a) Except as provided in subsection (b) of this Code section, the following information relating to an infected person's sexually transmissible infection shall be privileged and confidential: (1) Test results; (2) Records of treatment; (3) History; (4) Reports; (5) Research data; (6) The identity of the infected person; (7) The identity of alleged sexual contacts of the infected person; and (8) Information which would reveal the identity of either person specified in para graphs (6) and (7) of this subsection. (b) Information otherwise privileged and confidential under subsection (a) of this Code section may be disclosed if: (1) That disclosure is authorized pursuant to any other provisions of this chapter; (2) That disclosure is required by federal law, but only to the extent so required; (3) That disclosure is substantially related to and necessary for the testing or treatment of the infected person; (4) That disclosure is made by a physician pursuant to Code Section 20-9-40 or any other law authorizing a physician to disclose otherwise privileged information; (5) That disclosure is for research purposes and does not reveal: (A) The identity of the infected person; (B) The identity of alleged sexual contacts of the infected person; or (C) Information which would reveal the identity of either person specified in subparagraphs (A) and (B) of this paragraph; (6) That disclosure is made to the infected person or a person designated in writ ing by the infected person to receive such information; (7) That disclosure involves information regarding sexual assault or sexual exploi tation of a child and is required to be reported pursuant to Code Section 19-7-5 or any other law requiring the reporting of such assault or exploitation of a child, but only to the extent that such disclosure is so required to be reported. (8) That disclosure is made to the parent or guardian of a minor child unless the information is discovered pursuant to and is privileged under Code Section 31-17-8; THURSDAY, FEBRUARY 13, 1986 875 (9) That disclosure is made in the ordinary course of business to any employee or agent of the department, county board of health, hospital, laboratory, clinic, or other entity authorized or required under this chapter to receive or report that information. 31-17-10. (a) The department by rule and regulation may designate as a sexually transmissible infection any infection other than one specified in paragraphs (1) through (4) of subsection (a) of Code Section 31-17-1 only upon a finding by the department that the infection: (1) Is principally transmitted by sexual contact; (2) Causes significant morbidity or mortality for individuals or for the health of newborn children; and (3) (A) Can be cost effectively screened, diagnosed, counseled, and treated in a public health control program; or (B) Is of major public health concern such that surveillance of the infection occurrence is in the public interest. (b) The department by rule and regulation shall designate, based on appropriate epidemiological data, known high-risk groups for any sexually transmissible infection for purposes of this Code section. 31-17-11. (a) Information privileged and confidential under this chapter may not be disclosed pursuant to discovery proceedings, subpoena, or court order. (b) Any disclosure authorized by this chapter or any unauthorized disclosure of information or communications made privileged and confidential by this chapter shall not in any way abridge or destroy the confidential or privileged character thereof except for the purposes for which any authorized disclosure is made. Any person making a disclosure authorized by this chapter shall not be liable therefor, notwithstanding any contrary provisions of law. 31-17-12. (a) Any person licensed under Title 43 who, in the performance of duties within the scope of practice as such licensee, violates any provision of this chapter may be subject therefor to any disciplinary sanction authorized under Code Section 43-1-19. (b) Any institution licensed by the department under Chapter 7 of this title and any clinical laboratory licensed by the department under Chapter 22 of this title, which institution or laboratory violates any provision of this chapter may for that violation be subject to any disciplinary sanction by the department otherwise authorized against such licensees. (c) Any person who violates any provision of this chapter, except with regard to any provision relating to departmentally designated sexually transmissible infections under Code Section 31-17-10 or any departmentally imposed requirement, shall be guilty of a misdemeanor." Section 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Davis of the 45th moves to amend the Committee substitute to HB 1187 as follows: On line 35, page 8, substitute the figure "18" for the figure "13". On the adoption of the amendment, the roll call was ordered and the vote was as fol lows: N Aaron N Adams,G Y Adams,M YAiken Y Alford N Alien N Anderson NArgo N Athon Y Atkins Y Auten N Bailey N Balkcom N Bannister Y Bargeron Y Barnett,B Barnett.M N Beck N Benefield Benn N Birdsong N Bishop N Bolster Y Bostick Branch Y Bray Y Brooks Y Brown.G N Buck N Burruss Y Byrd Y Carter Chambless N Chance Y Cheeks N Childere N Childs Y Clark,B Y Clark,L Y Colbert Coleman Y Colwell N Connell Y Cooper N Copelan 876 JOURNAL OF THE HOUSE, N Couch YCox Crawford NCrosby YCummings Daugherty YDavis NDean Dixon YDobbs Y Dover YDunn N Edwards YFelton YFloyd N Foster NGaler NGodbee NGoodwin NGreene NGreer N Groover N Hamilton NHanner Y Harris N Hasty NHays Y Heard YHill N Holcomb N Holmes N Hooks N Horne N Hudson Y Isakson NJackson,J YJackson,N NJamieson N Johnson.D Y Johnson.F N Johmon.R NJohnson,S N Kilgore N Kingston Y Lane.D YLane,R Y Lawler Y Lawrence Y Lawson N Lee.C N Lee.W Y Under N Logan N Long N Lord N Lucas Lupton Maddo* N Mangum N Martin.C N Martin,J Y Matthews N McDonald N McKelvey N McKinney N Milam N Milford N Moody Y Moore Y Morton N Mostiler N Moultrie Y Mueller Y Oliver.C Y Padgett N Pannell N Parham N Parrish Patten Peters N Pettit N Phillips N Pmkston N Porter N Ramey N Ramsey.T Y RamseyV N Randall N Ransom N Ray N Reaves Y Redding N R,chardson N Robmson.C NRobmson.P x.S088 , N Royal N Russell Y Selman N Shepard ,, o- fr ..i N Sinkfield N SiMmore N Sm th,L N |m^T |mith.T N Smyre Y Stancil On the adoption of the amendment, the ayes were 59, nays 101. The amendment was lost. ^teinberg YThomas.C NThomas.M Thompson XTT,? NTriplett Y Twiggs Y Waddle N ^re?, ,,,,""'? ^ Walker.L Y Wall NWare ,, W,atson N Watts White N Wilder Y Williams,B Y Williams,J N Williams.R Y Wilson N Wood N Workman N Yeargin N Yo^ne N Young Murphy.Spkr The following amendments were read and adopted: Representative McKinney of the 35th moves to amend the Committee substitute to HB 1187 by adding after line 1 of page 9, the following: "(4) The parents, guardian, or custodian of a minor between the ages of 13 and 18 if the treating physician determines such disclosure is necessary". Representatives Childers of the 15th, Martin of the 26th, Hooks of the 116th and Chambless of the 133rd move to amend the Committee substitute to HB 1187 by striking on pages 2 and 3, the following: "(c) Chlamydia trachomatis, causing mucopurulent cervicitis, vaginitis, and urethritis", and "(e) Herpes virus type II, causing herpes genitalis", and by relettering the list accord ingly. The following amendment was read: Representative Wall of the 61st moves to amend the Committee substitute to HB 1187 by adding after the word "treatment" on page 3, line 32 and on page 6, line 7, the words: "isolation or quarantine", Also, revise paragraph (3) on page 4 to read as follows: "Any examination or testing required and the general terms of any required treat ment, and the terms and conditions of any required isolation, quarantine or counseling". On the adoption of the amendment, the roll call was ordered and the vote was as fol lows: THURSDAY, FEBRUARY 13, 1986 877 N Aaron N Adams.G Adams.M N Aiken N Alford N Alien N Anderson YArgo N Athon N Atkins N Auten N Bailey N Balkcom N Bannister N Bargeron Y Barnett,B Y Barnett,M NBeck N Benefield Benn Birdsong N Bishop N Bolster Y Bostick Branch YBray N Brooks N Brown.G NBuck N Burruss YByrd Y Carter N Chambless N Chance Y Cheeks N Childers N Childs Y Clark.B N Clark.L N Colbert Coleman N Colwell N Connell N Cooper N Copelan N Couch YCox Crawford N Crosby N Cummings Daugherty Y Davis N Dean Dixon N Dobbs N Dover N Dunn N Edwards Felton N Floyd N Foster N Galer N Godbee N Goodwin N Greene N Greer N Groover N Hamilton N Hanner N Harris N Hasty N Hays N Heard YHill N Holcomb N Holmes N Hooks N Home N Hudson N Isakson 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 Une.D N Lane,R N Lawler Y Lawrence N Lawson NLee.C NLee.W N Linder N Logan YLong NLord N Lucas Lupton Maddox N Mangum N Martin.C N Martin,J Y Matthews N McDonald N McKelvey N McKinney N Milam N Milford Y Moody N Moore Y Mortal N Mostiler N Moultrie Y Mueller N Oliver.C Y Padgett N Pannell N Parham N Parrish Patten N Peters N Pettit N Phillips N Pinkston Y Porter N Rainey N Ramsey.T Y Rarosey.V N Randall N Ransom NRay N Reaves N Redding N Richardson N Robinson.C N Robinson,? YRoss N Royal N Russell N Selman On the adoption of the amendment, the ayes were 29, nays 131. The amendment was lost. Y Shepard Y Sherrod N Sinkfield N Sizemore N Smith.L N Smith.P Y Smith.T N Smyre N Stancil N Steinberg N Thomas.C N Thomas.M Thompson N Townsend Triplett Y Twiggs N Waddle N Waldrep Walker.C N Walker,L Y Wall Ware Watson N Watts White N Wilder Y Williams.B N Williams,J Y Williams.R N Wilson N Wood N Workman N Yeargin 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 sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.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 Y Benefield Benn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L Y Colbert Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch Y Cox Crawford N Crosby Y Cummings Y Daugherty Y Davis YDean Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Harris 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 YLee.C YLee,W Y Under Y Logan YLong YLord 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 Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett 878 JOURNAL OF THE HOUSE, 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 Y Ray Y Reaves Y Redding Y 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 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 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, as amended, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. By unanimous consent, HB 1187, by substitute, as amended, was ordered immediately transmitted to the Senate. 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. The following amendment was read and adopted: The Committee on Judiciary moves to amend SB 264 by striking from line 18 of page 1 the numbers "1985" and inserting in lieu thereof the numbers "1986". By striking from line 19 of page 1 the numbers "1986" and inserting in lieu thereof the numbers "1988". By striking from line 21 of page 1 the numbers "1986" and inserting in lieu thereof the numbers "1988". By striking from line 6 of page 2 the numbers "1985" and inserting in lieu thereof the numbers "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 Adams.G Y Adams.M Y Aiken Y Alford Alien Y Anderson Y Argo Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Bargeron Y Barnett,B Y Barnett,M Y Beck Y Benefield Benn Birdsong Bishop Bolster Y Bostick Y Branch Y Bray Y Brooks Y Brown.G Y Buck Y Burruss Y Byrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark,B Clark,L Y Colbert Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch Y Co* Y Crawford Y Crosby Y Cummings Y Daugherty N Davis Dean Dixon Dobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Manner Y Harris Y Hasty Y Hays Y Heard Hill Y Holcomb THURSDAY, FEBRUARY 13, 1986 879 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 Kilgore Y Kingston Y Lane.D Lane,R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan YLong YLord Lucas Lupton Maddox Y Mangum Y Martin.C Martin,J Y Matthews Y McDonald Y McKelvey Y McKinney Y Milam Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Patten Y Peters Y Pettit Y Phillips Pinks ton Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Reaves Redding Y Richardson Y Robinson.C Y Robinson.P YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smyre Y Stancil Steinberg Y Thomas.C Y Thomas.M Thompson Townsend Y Triplet! 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 Y Young Murphy,Spkr On the passage of the Bill, as amended, the ayes were 140, nays 1. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1412. By Representatives Thomas of the 69th and Lee of the 70th: A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Anno tated, relating to preferential ad valorem tax assessment of tangible real property devoted to bona fide agricultural purposes, so as to provide for an alternative tax penalty in cases where a covenant to maintain eligible prop erty in agricultural use is breached solely as a result of a medically demon strable illness or disability. The following Committee substitute was read and adopted: A BILL To amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to preferential ad valorem tax assessment of tangible real property devoted to bona fide agricultural purposes, so as to provide for an alternative tax penalty in cases where a cove nant to maintain eligible property in agricultural use is breached solely as a result of a medically demonstrable illness or disability; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to preferential ad valorem tax assessment of tangible real property devoted to bona fide agricultural purposes, is amended by adding a new subsection (r) to read as follows: "(r) (1) In any case in which a covenant is breached solely as a result of a medically demonstrable illness or disability which renders the owner of the real property physi cally unable to continue the property in agricultural use, the penalty specified by paragraph (2) of this subsection shall apply and the penalty specified by subsection (g) of this Code section shall not apply. The penalty specified by paragraph (2) of this subsection shall likewise be substituted for the penalty specified by subsection (g) of this Code section in any case in which a covenant is breached solely as a result of a medically demonstrable illness or disability which renders the operator of the real property physically unable to continue the property in agricultural use, provided that the alternative penalty shall apply in this case only if the operator of the real property is a member of the family owning a family-farm corporation which owns the real prop erty. 880 JOURNAL OF THE HOUSE, (2) When a breach occurs which meets the qualifications of paragraph (1) of this subsection, the penalty imposed shall be the total amount by which preferential assessment has reduced taxes otherwise due during the period of the covenant. (3) A penalty imposed under this subsection shall bear interest at the rate speci fied in Code Section 48-2-40 from the date the covenant is breached. (4) Prior to imposing the alternative penalty authorized by this subsection in lieu of the penalty specified by subsection (g) of this Code section, the board of tax asses sors shall require satisfactory evidence which clearly demonstrates that the breach is the result of a medically demonstrable illness or disability which meets the qualifica tions of paragraph (1) of this subsection." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams.M 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 Harriett,M YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Bostick Branch YBray Y Brooks Y Brown.G YBuck Burruss YByrd Y Carter Y Chambless Y 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 Crawford Y Crosby Y Cummings Y Daugherty Davis Dean Dixon Y Dobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays Y 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 Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Lawler Y Lawrence Lawson Y Lee.C Y Lee.W Y Linder Y Logan YLong YLord Lucas 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 YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish 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 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 Thomas.M Thompson Townsend Y Triplet! YTwiggs Y Waddle Y Waldrep Walker.C Y Walker,L YWall YWare Watson Y Watts White Y Wilder Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Workman Y Yeargin Y Young Muiphy.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 substi tute. HB 1361. By Representatives Murphy of the 18th, Walker of the 115th, Burruss of the 20th, Thomas of the 69th, Lee of the 72nd and others: THURSDAY, FEBRUARY 13, 1986 881 A bill to amend Chapter 16 of Title 50 of the Official Code of Georgia Anno tated, relating to public property, so as to create the State Commission on the Condemnation of Public Property; to provide definitions; to provide for the membership and the powers and duties of the commission; to provide for the acquisition of public property or an interest therein by certain state agencies by condemnation and the power of eminent domain. The following Committee substitute was read: A BILL To amend Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to create the State Commission on the Condemnation of Public Property; to provide definitions; to provide for the membership and the powers and duties of the commission; to provide for the acquisition of public property or an interest therein by certain state agencies by condemnation and the power of eminent domain; to authorize certain state agencies to acquire public property or any interest therein by condemnation and the power of eminent domain; to specify procedures and limitations in acquiring public property or any interest therein; to provide that determinations and rule making of the commission shall not be subject to the "Georgia Administrative Procedure Act"; to provide for other matters relative to the foregoing; to amend Code Section 20-3-58 of the Official Code of Georgia Annotated, relating to the condemnation of private property by the Board of Regents of the University System of Georgia, so as to provide that the board of regents may acquire public property or an interest therein by condemnation under cer tain circumstances; to amend Code Section 22-2-130 of the Official Code of Georgia Anno tated, relating to the authority to condemn private property by petition to the superior court for judgment in rem, so as to provide that such condemnation procedure shall apply to the condemnation of public property or an interest therein by certain state agencies; to amend Code Section 32-3-4 of the Official Code of Georgia Annotated, relating to the condemnation of private property and property interests for public road purposes, so as to provide that certain condemnation procedures shall apply to the condemnation of public property or an interest therein by the Department of Transportation; to amend Code Section 32-6-112 of the Official Code of Georgia Annotated, relating to the acquisition of property and property rights for limited-access roads, so as to revise the provisions thereof; to provide for the acquisition of public property or an interest therein by condemnation for limited-access road purposes by the Department of Transportation under certain circumstances; to amend Code Section 50-16-44 of the Official Code of Georgia Annotated, relating to the power of eminent domain and the State Properties Commission, so as to provide for the acquisition of public property or an interest therein by condemnation by the commission; to provide an effective date; to repeal conflicting laws; and for other pur poses. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, is amended by adding at the end thereof a new Article 7 to read as follows: "ARTICLE 7 50-16-180. (a) As used in this article, the term: (1) 'Commission' means the State Commission on the Condemnation of Public Property created by Code Section 50-16-181. (2) 'Public property' means any real property located within the State of Georgia in which a legal or equitable interest is held by: (A) The State of Georgia or any department, division, board, bureau, commis sion, or other agency of the executive branch of state government; (B) Any county, municipality, county or independent school district, or other political subdivision of the state or any agency of any such political subdivision; 882 JOURNAL OF THE HOUSE, (C) Any public authority or other public corporation which is a body politic of the state or of any county, municipality, or other political subdivision of the state; or (D) Any governmental body or governmental entity of this state not covered by subparagraph (A), (B), or (C) of this paragraph. (3) 'State agency' means the State of Georgia; any department, division, board, bureau, commission, or other agency of the executive branch of state government, excluding the Department of Transportation and the Board of Regents of the Univer sity System of Georgia, which under the laws of the state has the power and authority to acquire private property by condemnation and the power of eminent domain; or any state authority which under the laws of the state has the power and authority to acquire private property by condemnation and the power of eminent domain. 50-16-181. (a) There is created the State Commission on the Condemnation of Public Property consisting of the Governor, ex officio; Lieutenant Governor, ex officio; Secretary of State, ex officio; Commissioner of Agriculture, ex officio; Commissioner of Insurance, ex officio; state auditor, ex officio; and the Commissioner of Labor, ex officio. (b) The Governor shall be the chairman of the commission and the Lieutenant Governor shall be the vice-chairman. Four members of the commission shall constitute a quorum. No vacancy on the commission shall impair the right of the quorum to exer cise the powers and perform the duties of the commission. With the sole exception of approving the condemnation of public property, which approval shall require four affirmative votes of the membership of the commission present and voting at any meet ing, the business, powers, and duties of the commission may be transacted, exercised, and performed by a majority vote of the commission members present and voting at a meeting when more than a quorum is present and voting or by a majority vote of a quorum when only a quorum is present and voting at a meeting. An abstention in voting shall be considered as that member not being present and not voting in the matter on which the vote is taken. (c) Meetings shall be held on the call of the chairman, vice-chairman, or two commission members whenever necessary to the performance of the duties of the commission. Minutes or transcripts shall be kept of all meetings of the commission. Each commission member shall be given, not less than three days prior to the meeting, written notice of the date, time, and place of each meeting of the commission. (d) The commission shall adopt a seal for its use and may adopt bylaws for its internal government and procedures. (e) Members of the commission shall receive only their traveling and other actual expenses incurred in the performance of their official duties as commission members. 50-16-182. The commission, in addition to other powers and duties set forth in this article, shall have the power and duty to approve the acquisition of public property by condemnation and the power of eminent domain by the Department of Transportation; the Board of Regents of the University System of Georgia; or the State Properties Commission, acting for and on behalf of a state agency. 50-16-183. (a) If the Department of Transportation; the Board of Regents of the University System of Georgia; or a state agency, acting by and through the State Prop erties Commission, needs to acquire public property or any interest in public property in carrying out its duties and responsibilities, such public property or interest therein may be acquired by condemnation and the power of eminent domain. The procedures to be followed in such acquisitions shall be those set forth in the laws applicable to the Department of Transportation; the Board of Regents of the University System of Georgia; and the State Properties Commission, acting for and on behalf of a state agency, respectively, relating to the acquisition of public property or any interest therein by condemnation and the power of eminent domain. In addition to the requirements and procedures set forth in such laws, the Department of Transportation; the Board of Regents of the University System of Georgia; and the State Properties Commission, act ing for and on behalf of a state agency, shall not acquire public property or any interest therein by condemnation until such acquisition has been approved by the commission as provided in this Code section; provided, however, that the commission's approval THURSDAY, FEBRUARY 13, 1986 883 shall not be required if the interest held by the governmental entity specified in para graph (2) of subsection (a) of Code Section 50-16-180 in the property is a tax lien, a mortgage, or both. (b) The acquisition of public property or an interest therein by condemnation by the Department of Transportation; the Board of Regents of the University System of Georgia; and the State Properties Commission, acting for and on behalf of a state agency, shall first be approved by the commission. If the Department of Transportation; the Board of Regents of the University System of Georgia; or the State Properties Commission, acting for and on behalf of a state agency, wishes to acquire public prop erty or an interest therein by condemnation, it shall apply to the commission for approval of such acquisition. The commission may require the submission of such information by the Department of Transportation; the Board of Regents of the Univer sity System of Georgia; and the State Properties Commission, acting for and on behalf of a state agency, and by the owner or representatives of the owner of the public prop erty as the commission may reasonably require for the consideration of the application. If the commission determines that the acquisition of the public property by condemna tion is reasonable, necessary, and in the public interest, it shall grant its approval for such acquisition. In making its determination as to whether the acquisition is reason able, necessary, and in the public interest, the commission shall make an affirmative rinding that there is not another prudent and feasible alternative than the acquisition of the property or interest. The determination of the commission shall be final. The commission shall make its determination within 30 days after the commission receives the information required by the commission for the consideration of the application of the state agency and in no event longer than 90 days after receipt of the application. If the commission approves the condemnation, it shall forward a resolution to that effect to the applicant seeking such approval. (c) When the approval of the acquisition of public property or an interest therein by condemnation is granted by the commission, the Department of Transportation; the Board of Regents of the University System of Georgia; or the State Properties Commis sion, acting for and on behalf of a state agency, may acquire the public property or interest therein pursuant to the procedures specified in the applicable laws. A copy of the resolution approving the acquisition adopted by the commission shall accompany the notice of condemnation and shall accompany any condemnation petition filed in superior court. (d) Consistent with the provisions of this article, the commission may adopt such rules and regulations as may be necessary to enable the commission to carry out effec tively and efficiently the powers and duties assigned to the commission by this article. The commission may utilize the resources of any department or agency of the state, including specifically the State Properties Commission, to assist it in making any determinations required by the provisions of this article and may appoint such hearing officers or other investigators as it deems proper to receive public comment and make reports or recommendations to the commission. (e) The commission shall not be subject to Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act.'" Section 2. Code Section 20-3-58 of the Official Code of Georgia Annotated, relating to the condemnation of private property by the Board of Regents of the University System of Georgia, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 20-3-58 to read as follows: "20-3-58. (a) The board of regents is authorized to take or damage, by condemna tion, private property for public purposes of the university system upon paying or ten dering to the owner thereof just compensation. Condemnation proceedings by the board may take the forms provided in Chapter 2 of Title 22. (b) The board of regents is also authorized to acquire public property or an interest therein by condemnation and the power of eminent domain when such acquisition is approved by the State Commission on the Condemnation of Public Property as provided in Code Section 50-16-183. Condemnation proceedings by the board may take the forms 884 JOURNAL OF THE HOUSE, provided in Article 3 of Chapter 2 of Title 22. As used in this subsection, the term 'public property' has the meaning provided for in Code Section 50-16-180." Section 3. Code Section 22-2-130 of the Official Code of Georgia Annotated, relating to the authority to condemn private property by petition to the superior court for judg ment in rem, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 22-2-130 to read as follows: "22-2-130. (a) Whenever the government of the State of Georgia, the United States government, or any person having the privilege of exercising the right of eminent domain desires to take or damage private property in pursuance of any law so authoriz ing and finds or believes that the title of the apparent or presumptive owner of such property is defective, doubtful, incomplete, or in controversy or that there are or may be unknown persons or nonresidents who have or may have some claim or demand thereon or some actual or contingent interest or estate therein or that there are minors or persons under disability who are or may be interested therein or that there are taxes due or that should be paid thereon or concludes for any reason that it is desirable to have a judicial ascertainment of any question connected with the matter, such govern ment or person may, through any authorized representative, petition the superior court of the county having jurisdiction for a judgment in rem against the property or interest, condemning the same to the use of the petitioner upon payment of just and adequate compensation therefor to the person or persons entitled to such payment. (b) Notwithstanding the provisions of subsection (a) of this Code section, the provi sions of this article shall also apply to the acquisition of public property or an interest therein by condemnation and the power of eminent domain. As used in this subsection, the term 'public property' has the meaning provided for in Code Section 50-16-180." Section 4. Code Section 32-3-4 of the Official Code of Georgia Annotated, relating to the condemnation of private property and property interests for public road purposes, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 32-3-4 to read as follows: "32-3-4. (a) Whenever any state agency, county, or municipality desires to take or damage private property, including scenic easements, air rights, rights of access, and other interests in land for public road purposes or for any other public transportation purposes and shall find or believe, concerning which the decision of the condemning authority shall be final and conclusive, that the title of the apparent or presumptive owner of such property is defective, doubtful, incomplete, or in controversy, or that there are or may be unknown persons or nonresidents who have or may have some claim or demand thereon or some actual or contingent interest or estate therein, or that there are minors or persons under disability who are or may be interested therein, or that there are taxes due or that should be paid thereon, or shall for any reason conclude that it is desirable to have a judicial ascertainment of any question connected with the mat ter, such state agency, county, or municipality, through any authorized representative, may file a proceeding in rem in the superior court of the county having jurisdiction con demning the property or interests to the use of the petitioner upon payment of just and adequate compensation therefor to the person or persons entitled to such payment. (b) When the acquisition of public property or an interest therein is necessary for public road purposes, including limited-access roads provided for by Article 4 of Chapter 6 of this title, the department may acquire such public property or interest therein by condemnation and the power of eminent domain when such acquisition is approved by the State Commission on the Condemnation of Public Property as provided in Code Section 50-16-183. The procedures for the condemnation of property provided for in this Code section and Code Sections 32-3-5 through 32-3-19 of this article and the proce dures provided for the condemnation of property in Article 3 of Chapter 2 of Title 22 and the procedures provided for the condemnation of property in Article 2 of Chapter 2 of Title 22 when the property sought is a public cemetery shall apply to the con demnation of public property or an interest therein by the department. As used in this subsection, the term 'public property' has the meaning provided for in Code Section 50-16-180." THURSDAY, FEBRUARY 13, 1986 885 Section 5. Code Section 32-6-112 of the Official Code of Georgia Annotated, relating to the acquisition of property and property rights for limited-access roads, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 32-6-112 to read as follows: "32-6-112. The department, a county, or a municipality may acquire private or pabiie property and property rights for limited-access facilities and service roads, includ ing rights of access, of view, of air, and of light through gift, devise, purchase, or con demnation in the same manner as such governmental units are authorized by law to acquire such property or property rights in connection with public roads within their respective jurisdictions. Public property or an interest therein may be acquired for such purposes by the department or by a county or municipality by any method authorized by law for such acquisition other than condemnation. The acquisition of public property or an interest therein for such purposes by condemnation may be accomplished by the department pursuant to the provisions of subsection (b) of Code Section 32-3-4 when such acquisition is approved by the State Commission on the Condemnation of Public Property as provided in Code Section 50-16-183. As used in this Code section, the term 'public property' has the meaning provided for in Code Section 50-16-180. In the process of acquiring property or property rights for any limited-access facility, the department or the county or municipality, in its discretion, may acquire an entire lot, block, or tract of land if, by so doing, the interest of the public will best be served." Section 6. Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Anno tated, known as the "State Properties Code," is amended by striking Code Section 50-16-44, relating to the acquisition of property by the State Properties Commission by the power of eminent domain, in its entirety and substituting in lieu thereof a new Code Section 50-16-44 to read as follows: "50-16-44. (a) The commission, acting for and on behalf of and in the name of the state, is empowered to take or damage by condemnation and the power of eminent domain for the public purposes of the state the any private property ef- any pers upon first paying or tendering just and adequate compensation to the person owner of such private property. The power of eminent domain shall be cumulative of any other power of eminent domain provided by law. Condemnation proceedings by the commission, act ing for and on behalf of and in the name of the state, shall take the form provided in Chapter 1 of Title 22 and Articles 1 and 2 of Chapter 2 of Title 22 or the form provided in Article 3 of Chapter 2 of Title 22. The power of condemnation and eminent domain to take or damage private property authorized by this Code section shall neither super sede nor abridge the powers of condemnation and eminent domain to take or damage private property given severally to the Department of Transportation and the Board of Regents of the University System of Georgia. (b) The commission, acting for and on behalf of and in the name of the state, is also authorized to acquire public property or an interest therein by condemnation and the power of eminent domain when such acquisition is approved by the State Commission on the Condemnation of Public Property as provided in Code Section 50-16-183. Con demnation proceedings by the commission shall take the form provided in Article 3 of Chapter 2 of Title 22. As used in this subsection, the term 'public property' has the same meaning provided for in Code Section 50-16-180." Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 8. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representatives Walker of the 115th and Groover of the 99th move to amend the Committee substitute to HB 1361 by striking from the word "In" on line 25, page 6, through the word "interest" on line 30, page 6. 886 JOURNAL OF THE HOUSE, 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 N Aiken Y Alford Y Alien Y Anderson YArgo Y Athon N Atkins YAutsn Y Bailey Y Balkcom Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop N Bolster Y Bostick Y Branch YBray N Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter Chambless Y Chance Y Cheeks N Childers N Childs Y Clark.B Y Clark.L N Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Crawford Y Crosby Y Cummings Y Daugherty N Davis NDean Y Dixon YDobbs Y Dover Y Dunn Y Edwards Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Greene Y Greer Y Groover N Hamilton Hanner Y Harris Y Hasty YHays N Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson N Isakson Y Jackson,J Y Jackson,N Y Jamieson Y Johnson.D N Johnson,F Y Johnson.R N Johnson,S Y Kilgore N Kingston Lane.D Y Lane,R Y Lawler N Lawrence Lawson YLee.C YLee.W N Under YLogan YLong YLord Y Lucas Lupton Maddox Y Mangum Martin.C N Martin.J Y Matthews Y McDonald N McKelvey Y McKinney Y Milam Y Milford Y Moody Y Moore N Morton Y Mostiler Y Moultrie N Mueller Y Oliver.C Y Padgett N Pannell Y Parham Y Parrish Patten Y Peters Y Pettit Y Phillips Y Pinkston Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall N Ransom YRay Y Reaves N Redding N Richardson Y Robinson.C Y Robinson,? YRoss Y Royal Y Russell Y Selman On the adoption of the amendment, the ayes were 130, nays 32. The amendment was adopted. Y Shepard N Sherrod N Sinkfield Y Sizemore Y Smith.L Y Smith,P Y Smith.T Y Smyre Y Stancil N Steinberg Y Thomas.C N Thomas.M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle N Waldrep Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts White N Wilder Williams.B N Williams,J Y Williams,R Y Wilson Y Wood Y Workman Y Yeargin Y Young Murphy.Spkr The following amendment was read and ruled not germane: Representative Redding of the 50th moves to amend HB 1361 by adding following the word "therein" on line 12 of page 1 the following: "; to provide additional procedures and review of the exercise of the power of eminent domain by public utilities regulated by the Public Service Commission to condemn public or private property or any easement, right of way, or interest therein". By striking line 33 of page 7 and inserting in lieu thereof the following: "Procedure Act.'" and by adding following line 33 of page 7 the following: "50-16-184. Notwithstanding any other law to the contrary, no public utility which is regulated by the Public Service Commission shall exercise the power of eminent domain to acquire any public or private property or any easement, right of way, or inter est therein unless such public utility submits such acquisition to the commission and complies with all of the procedures provided in this article in the same manner and to the same extent as if such property was being condemned under the provisions of this article.'" The following amendment was read: THURSDAY, FEBRUARY 13, 1986 887 Representatives Richardson of the 52nd and Martin of the 26th move to amend the committee substitute to HB 1361 by striking the double quotation marks at the end of line 33 of page 7 and adding immediately below line 33 the following: "(f) If the condemnation involves a public park or property of historic significance, then the commission, itself or through its appointees, shall hold a public hearing in the county where the land to be taken is located and shall make an additional finding that the need for the project giving rise to the condemnation outweighs the need to preserve the public park or historic property to be taken.'" 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 Y Alien N Anderson Y Argo N Athon Y Atkins Y Auten N Bailey N Balkcom N Bannister N Bargeron N Barnett,B N Barnett.M NBeck N Benefleld Benn N Birdsong Bishop Y Bolster Y Bostick N Branch NBray Y Brooks N Brown.G NBuck N Burruss NByrd Y Carter Y Chamblesa Y Chance N Cheeks Y Childers Y Childs Y Clark.B N Clark,L N Colbert N Coleman N Colwell N Connell N Cooper N Copelan N Couch NCox Crawford N Crosby N Cummings Daugherty Y Davis YDean N Dixon Y Dobbs Y Dover N Dunn N Edwards Pelton N Floyd Y Foster N Galer NGodbee N Goodwin N Greene N Greer N Groover Y Hamilton Hanner N Harris N Hasty NHays Y Heard YHill N Holcomb Y Holmes N Hooks Y Home N Hudson Y Isakson N Jackson,J Y Jackson.N N Jamieson Johnson.D Y Johnson,F N Johnson,R Y Johnson,S N Kilgore Y Kingston N Lane.D Y Lane,R N Lawler Y Lawrence N Lawson Y Lee.C NLee.W Y Linder NLogan NLong YLord Lucas Lupton Maddox N Mangum N Martin.C Y Martin,J N Matthews Y McDonald Y McKelvey Y McKinney N Milam N Milford N Moody N Moore Y Morton N Mostiler N Moultrie Y Mueller N Oliver.C N Padgett Y Pannell N Parham N Parrish Patten N Peters N Pettit N Phillips N Pinkston N Porter Y Rainey N Ramsey.T Y Ramsey.V Y Randall Y Ransom NRay N Reaves Y Redding Y Richardson N Robinson.C N Robinson,P NRoss N Royal Russell N Selman On the adoption of the amendment, the ayes were 57, nays 107. The amendment was lost. N Shepard N Sherrod Y Sinkfield N Sizemore N Smith,L N Smith,P N Smith.T N Smyre Y Stancil Y Steinberg N Thomas.C Y Thomas.M Thompson N Townsend N Triplett NTwiggs N Waddle Y Waldrep N Walker.C N Walker.L N Wall N Ware N Watson N Watts White N Wilder Y Williams.B Y Williams,J N Williams,R Y Wilson N Wood Y Workman N Yeargin Y 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 sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.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 Benefield YBenn Y Birdsong Y Bishop N Bolster Y Bostick Y Branch 888 JOURNAL OF THE HOUSE, Bray N Brooks Y Brown.G Y Buck Y Burruss Y Byrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers N Childs YClark.B Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch Y Cox Crawford YCrosby YCummings YDaugherty N Davis N Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Felton Y Floyd N Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Manner Y Harris Y Hasty Y Hays Y Heard N 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 N Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under Y Logan Y Long Y Lord Y Lucas Lupton Maddox Y Mangum Y Martin.C N Martin,J Y Matthews Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Moody Y Moore N Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C 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 N Ransom Y Ray Y Reaves N Redding Y Richardson Y Robinson.C Y Robinson,P Y Ross Y Royal Y Russell Y Selman Y Shepard N Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smyre Y Stancil N Steinberg Y Thomas.C N Thomas.M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White y Wilder N Williams,B Y Williams I Y Willi 'R v w' v w^j Y,, , Y Workman Y Yeargm Y Young Murphy,Spkr On the passage of the Bill, by substitute, as amended, the ayes were 154, nays 16. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. By unanimous consent, HB 1361, by substitute, as amended, was ordered immediately transmitted to the Senate. The Speaker announced the House in recess until 2:00 o'clock, this afternoon. THURSDAY, FEBRUARY 13, 1986 889 AFTERNOON SESSION The Speaker called the House to order. The following Resolutions of the House were read and adopted: HR 721. By Representatives Hanner of the 131st, Anderson of the 8th, Ramsey of the 3rd, Coleman of the 118th, Colwell of the 4th and others: A resolution commending Trooper Joseph M. Gordon. HR 722. By Representatives Isakson of the 21st, Townsend of the 24th, Martin of the 26th, Dover of the llth and Lupton of the 25th: A resolution expressing congratulations to Representative John Lupton and his wife Laura upon the occasion of the birth of their first child. HR 723. By Representatives Chambless of the 133rd, Young of the 134th and Balkcom of the 140th: A resolution honoring and commending Mr. Paul B. Robertson. HR 724. By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th: A resolution commending Mr. Carl F. Leavy. HR 725. 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 resolution commending the Veterans Administration's national salute to hospitalized veterans. HR 726. By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th: A resolution commending Lieutenant William Kinney of the Rome Police Department. HR 727. By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th: A resolution commending Colonel Hugh Hardison of the Georgia State Patrol. HR 728. By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th: A resolution commending Investigator Bill Whitener of the Floyd County Police Department. HR 729. By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th: A resolution commending Wildlife Technician Alvin L. Crews III of the Department of Natural Resources. 890 JOURNAL OF THE HOUSE, HR 730. By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th: A resolution commending Chief Deputy Mike Maloof of the Floyd County Sheriffs Department. HR 731. By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th: A resolution commending Investigator Bill Shiflett of the Floyd County Police Department. HR 732. By Representative Hamilton of the 124th: A resolution commending Nicole Dekle. HR 733. By Representative Hamilton of the 124th: A resolution commending Catherine Dekle. HR 734. By Representatives Johnson of the 76th, Greene of the 130th, Moore of the 139th, Mangum of the 57th, Byrd of the 153rd and others: A resolution urging Congress to extend the targeted jobs tax credit. HR 735. By Representative Reaves of the 147th: A resolution proclaiming February 20, 1986, as Georgia Farm Bureau Day at the state capitol. HR 736. By Representatives Childs of the 53rd, Groover of the 99th, Copelan of the 106th, Thomas of the 69th and Waldrep of the 80th: A resolution urging the Judicial Council of Georgia to study child support enforcement powers and programs. HR 737. By Representatives Barnett of the 59th, Lee of the 70th, Sizemore of the 136th, Holcomb of the 72nd, Cummings of the 17th and others: A resolution urging the National Aeronautics and Space Administration to place a teacher on the next space shuttle flight. HR 738. By Representatives Brooks of the 34th, Williams of the 54th, Randall of the 101st, Sinkfield of the 37th, Lucas of the 102nd and others: A resolution urging the United States Justice Department to halt investi gations which discourage black citizens from exercising their right to vote. HR 739. Representatives Galer of the 97th, Richardson of the 52nd, Steinberg of the 46th, Williams of the 54th, Childs of the 53rd and others: A resolution designating the week beginning March 2, 1986, as "Women's History Week." HR 740. By Representatives Holmes of the 28th and Brooks of the 34th: A resolution recognizing the "Martin Luther King, Jr., Selma to Atlanta Relay" and the participants therein. THURSDAY, FEBRUARY 13, 1986 891 HR 741. By Representatives Isakson of the 21st, Colbert of the 23rd, Barnett of the 59th, Bannister of the 62nd, Goodwin of the 63rd and others: A resolution relative to the Republican National Convention in 1988. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 664. By Representatives McKinney of the 35th, Copelan of the 106th, Athon of the 57th, Oliver of the 121st and Hill of the 83rd: A resolution congratulating Henry Mitchell, III, and inviting him to address the House of Representatives. HR 684. By Representatives Coleman of the 118th, Hanner of the 131st, Ramsey of the 3rd, Alford of the 57th, McDonald of the 12th and others: A resolution expressing regret at the passing of Honorable Phil Peters and inviting Mrs. Judy Childs Peters and others to appear before the House of Representatives. HR 714. By Representatives Lane of the lllth and Godbee of the 110th: A resolution inviting Head Coach Erk Russell and the members of the Eagles football team of Georgia Southern College to appear before the House of Representatives. 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 1414. By Representatives Lawson of the 9th and Thomas of the 69th: A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Anno tated, relating to magistrate courts, so as to create The Council of Magistrate Court Judges of Georgia; to provide for the council's composition; to provide for officers and an executive committee; to provide for the organization and administration of the council. The report 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 1344. By Representatives Rainey of the 135th and Peters of the 2nd: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide that it shall be unlawful to interfere with the lawful taking of wildlife or to disturb wildlife for the purpose of prevent ing or attempting to prevent the lawful taking of wildlife; to provide for a definition; to provide that it shall be unlawful to fail to obey certain orders of a law enforcement officer. The following amendment was read and adopted: 892 JOURNAL OF THE HOUSE, The Committee on Game, Fish and Recreation moves to amend HB 1344 by inserting in line 6 on page 1 between the word and semicolon "wildlife;" and the word "to" the following: "to provide for certain exceptions;". By inserting in line 1 on page 2 between the designation "27-3-151." and the word "It" the following: By inserting in line 3 on page 2 between the word "by" and the word "preventing" the word "intentionally". By inserting in line 7 on page 2 between the word "of and the word "preventing" the word "intentionally". By inserting between lines 18 and 19 on page 2 the following: "(b) Nothing in subsection (a) of this Code section shall be construed to apply to the activities of law enforcement officers or employees of the department in the performance of their duties." 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 118, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HR 585. By Representatives Smith of the 152nd, Moody of the 153rd and Byrd of the 153rd: A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey certain state owned real property located in Brantley County, Georgia. 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 108, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 1418. By Representatives Ramsey of the 3rd and Williams of the 6th: A bill to amend Code Section 5-6-13 of the Official Code of Georgia Anno tated, relating to the granting of supersedeas in cases of contempt, so as to allow the trial court judge discretion to grant or refuse a supersedeas in subsequent convictions of contempt involving repetitions of the conduct which formed the basis for the first conviction of contempt. The following amendment was read and adopted: The Committee on Judiciary moves to amend HB 1418 by inserting on line 2 of page 2 between "contempt" and the period the following: "and which first conviction and adjudication is on appeal at the time of commission of such repetitious conduct". THURSDAY, FEBRUARY 13, 1986 893 The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 102, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1446. By Representative Wood of the 9th: A bill to amend Code Section 20-3-374 of the Official Code of Georgia Anno tated, relating to the service cancelable loan fund and authorized types of service cancelable educational loans, so as to change the eligibility require ments for service cancelable educational loans to residents of Georgia who are members of the Georgia National Guard. 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 V Adams.M Y Aiken Y Alford Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefleld YBenn Y Birdsong Bishop Bolster Bostick Branch YBray Brooks Brown.G YBuck Y Burruss Byrd Y Carter Chambless Y Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark,L Colbert Coleroan Y Colwell Connell Y Cooper Y Copelan Couch YCox Crawford Y Crosby Y Cummings Daugherty Y Davis YDean Y Oixon YDobbs Dover Dunn Edwards Y Felton Floyd Foster Y Galer YGodbee Y Goodwin Y Greene Y Greer Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks Y 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 Lane,D Y Lane,R Y Lawler Lawrence Y Lawson Y Lee.C Lee.W Linder YLogan YLong YLord Lucas Lupton Maddox Y Mangum Y Martin.C Martin,J Y Matthews McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Pannell Y Parham Y Parrish Patten Y Peters Y Pettit Y Phillips Pinks ton 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 Smith.L Y Smith.P Y Smith.T Y Smyre Y Stancil Y Steinberg Thomas.C Y Thomas.M Thompson Y Townsend Triplet! Y Twiggs Y Waddle Y 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 Y Wood Workman Y Yeargin Young Murphy.Spkr On the passage of the Bill, the ayes were 126, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1435. By Representatives Ware of the 77th, Robinson of the 96th, Buck of the 95th, Wood of the 9th, Thomas of the 69th and others: A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Anno tated, relating to regulated professions and businesses in general and to state 894 JOURNAL OF THE HOUSE, examining boards, so as to provide that each state examining board, through the joint-secretary of the state examining boards, shall maintain a central file on each person who holds a license, certificate, or other similar authority from the state examining board. The following Committee substitute was read and adopted: A BILL To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to regulated professions and businesses in general and to state examining boards, so as to provide that each state examining board, through the joint-secretary of the state exam ining boards, shall maintain a file on certain persons who hold a license, certificate, or other similar authority from the state examining board; to provide that there shall be entered in such files records of liability judgments and settlements and other matters rele vant to such person's qualifications for such license, certificate, or similar authority; to provide for confidentiality of and access to such files; to provide for immunity from liabil ity of persons furnishing information; to require insurers to furnish information with respect to liability judgments and settlements; to require persons holding licenses, certif icates, and similar authority to make such reports with respect to liability judgments and settlements; to provide for rules of the joint-secretary of the state examining boards and of the Commissioner of Insurance; to provide for judicial enforcement of subpoenas issued by the joint-secretary; to amend Code Section 31-7-8 of the Official Code of Georgia Anno tated, relating to reports of denial, restriction, and revocation of hospital privileges of medical practitioners, so as to provide for such reports to be made with respect to chiro practors, dentists, and podiatrists and to be handled in the same manner as reports by insurers; to repeal Code Section 33-3-27 of the Official Code of Georgia Annotated, relating to reports by medical malpractice insurers to the Composite State Board of Medical Examiners of judgments and settlements; to provide for the continuing application of said Code Section 33-3-27 for a certain period of time; 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 43 of the Official Code of Georgia Annotated, relating to regulated professions and businesses in general and to state examining boards, is amended by designating the existing text of the chapter as Article 1 and by adding there after a new Article 2 to read as follows: "ARTICLE 2 43-1-40. As used in this article, the term: (1) 'Licensee' means, with respect to each state examining board, each person who holds a license, certificate, or other similar authority from the board to engage in the profession or business regulated by the board. (2) 'Regulated activity' means, with respect to each licensee, the profession or busi ness in which that licensee is authorized to engage by a state examining board and means, with respect to each state examining board, the profession or business in which licensees are authorized to engage by that state examining board. 43-1-41. When received by the joint-secretary there shall be entered in a file main tained for the licensee: (1) a record of any judgment or settlement of a liability claim against the licensee which exceeds a present value of $25,000.00 and arises out of the licensee's regulated activity; and (2) a record of any report under Code Section 31-7-8 concerning staff privileges of the licensee. 43-1-42. (a) The records required by Code Section 43-1-41 shall be maintained by the joint-secretary. Such records shall be subject to the same provisions relating to con fidentiality as are contained in subsection (h) of Code Section 43-1-19 and in Code THURSDAY, FEBRUARY 13, 1986 895 Section 43-1-21. Persons supplying information for such records shall have the same pro tection from civil and criminal liability as provided in subsection (i) of Code Section 43-1-19. (b) Any licensee for whom a judgment or settlement is reported or his attorney may submit into his file any statement relevant to any judgment or settlement contained in such file, statements so inserted being clearly identified as having been supplied by the licensee. 43-1-43. (a) Any information relative to a judgment or settlement or report con cerning staff privileges which creates reasonable cause to believe that there may be grounds for disciplinary action against a licensee shall be brought to the attention of the appropriate state examining board for such further investigation as is determined by the board to be appropriate. (b) A judgment or settlement of a liability claim relating to a regulated activity, which judgment or settlement exceeds $100,000.00, shall automatically be brought to the attention of the appropriate state examining board. 43-1-44. (a) Every insurer providing liability insurance coverage other than motor vehicle liability insurance coverage to any licensee shall notify the joint-secretary in writing when it pays a judgment in excess of a present value of $25,000.00 or enters into an agreement to pay an amount in excess of a present value of $25,000.00 to settle a liability claim against the licensee when such judgment or claim relates to the regulated activity. Such a judgment or agreement to settle shall be reported to the joint-secretary regardless of the dollar amount if the records of the insurer establish that there have been two or more previous judgments or settlements of any amount with respect to the same licensee. Such notice shall be sent within 30 days after the judgment has been paid or the agreement to settle has been entered into by the parties involved in the claim. (b) If a licensee has such a judgment entered against him or agrees to pay such a settlement, it shall be the duty of the licensee to report such fact in the same manner as an insurer. Failure of a licensee to file such a report shall be grounds for disciplinary action by the appropriate state examining board as provided in Code Section 43-1-19. (c) The joint-secretary shall establish the time limit on maintaining files. The jointsecretary shall establish record-keeping procedures such that when any complaint, report of a liability judgment or settlement, or report concerning staff privileges is received by the joint-secretary, there shall be available to the joint-secretary and to the appropriate state examining board a summary record of all past investigations with respect to the same licensee. (d) The joint-secretary, after consultation with the Commissioner of Insurance, shall promulgate rules relating to the form and manner of reports by insurers. The Commis sioner of Insurance, after consultation with the joint-secretary, shall promulgate rules relating to the identification by insurers of insureds who are licensees; and the rules promulgated by the Commissioner of Insurance shall require insurers to identify judg ments and settlements which are to be reported under this article and shall require insurers to submit such reports in the form and manner specified by the rules of the joint-secretary. The Commissioner of Insurance shall be responsible for notifying insur ers of the provisions of this chapter. Violation by an insurer of the rules of the joint-sec retary or of the Commissioner of Insurance shall be grounds for discipline of the insurer under Code Section 33-3-17 or Code Section 33-3-20. (e) The rules of the joint-secretary and the Commissioner of Insurance under this Code section shall be promulgated and implemented not later than January 1, 1987. Until such rules have been implemented, insurers providing medical malpractice insur ance shall continue to be subject to the provisions of former Code Section 33-3-27, relat ing to reports of awards under medical malpractice insurance policies." Section 2. Said chapter is further amended by striking paragraph (1) of subsection (h) of Code Section 43-1-19, relating to disciplinary proceedings of state examining boards, and inserting in its place a new paragraph (1) of subsection (h) to read as follows: "(h) (1) The joint-secretary of the state examining boards is vested with the power and authority to make, or cause to be made through employees or agents of each state examining board, such investigations as he or the board may deem necessary or proper 896 JOURNAL OF THE HOUSE, for the enforcement of the provisions of this Code section and the laws relating to businesses and professions licensed by that board. Any person properly conducting an investigation on behalf of a state examining board shall have access to and may exam ine any writing, document, or other material relating to the fitness of any licensee or applicant. The joint-secretary or his appointed representative may issue subpoenas to compel such access upon a determination that reasonable grounds exist for the belief that a violation of this Code section or any other law relating to the practice of the licensed business or profession may have taken place. When a subpoena issued pur suant to this subsection is disobeyed, the joint-secretary may apply to the superior court of the county where the material sought is located or the custodian thereof resides for an order requiring obedience. Failure to comply with such an order shall be punishable as contempt of court." Section 3. Code Section 31-7-8 of the Official Code of Georgia Annotated, relating to reports of denial, restriction, and revocation of hospital privileges of medical practition ers, is amended by striking subsections (a), (b), and (c) and inserting in their place new subsections (a), (b), and (c) to read as follows: "(a) The hospital administrator or chief executive officer of each institution subject to this chapter shall submit a written report to the Composite State Beard ef Medical Examiners joint-secretary of the state examining boards when a person who is author ized to practice medicine in this state under Chapter 9j 11, 342 or 35 of Title 43 and who is a member ef- the medical staff at the institution, who has medical staff privileges at the institution, or has applied for medical staff privileges at the institution^ has his medical staff privileges denied, restricted, or revoked for any reason involving the medieal care given his patient. Each such administrator or officer shall also report to the beard joint-secretary resignations from practice in that institution by persons licensed ndr Chapter 34 of Title 43 having staff privileges. This Code section shall not require reports of temporary suspensions for failure to comply with medical record regulations. The joint-secretary shall make each such report a part of the subject's file under Article 2 of Chapter 1 of Title 43. (b) The written report required by subsection (a) of this Code section shall be made within 20 working days following final action by the institution on the restriction, denial, or revocation of medical staff privileges. The results of any legal appeal of such action shall be reported within 20 working days following a final court decision on such appeal. (c) The report required by this Code section shall contain a statement detailing the nature of the restriction, denial, or revocation of medical staff privileges, the date such action was taken, and the reasons for such action. If the action is a voluntary resignation or restriction of medical staff privileges which was the result of action initiated by the institution, the report shall contain the circumstances involved therein." Section 4. Said Code Section 31-7-8 is further amended by striking subsection (e) and inserting in its place a new subsection to read as follows: "(e) Except as provided in this subsection, information Information contained in any report made to the Composite State Bear4 ef Medical Examiners joint-secretary pur suant to this Code section shall be confidential] and such information shall not be dis closed to the public. Access to such reports shall be limited te members ef- the Composite State Beafd ef Medical Examiners or its ataff fef their tise and to the appro priate board except that the board may make such reports available to interested insti tutions for their use in the review of medical staff privileges at the institution." Section 5. Code Section 33-3-27 of the Official Code of Georgia Annotated, relating to reports by medical malpractice insurers to the Composite State Board of Medical Examiners of judgments and settlements, is repealed in its entirety. Insurers providing medical malpractice insurance coverage in this state shall, however, continue to be gov erned by the provisions of said Code section until such time as the provisions of Article 2 of Chapter 1 of Title 43, as enacted by Section 1 of this Act, have been fully imple mented. Section 6. All laws and parts of laws in conflict with this Act are repealed. THURSDAY, FEBRUARY 13, 1986 897 The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Alford Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Bishop Bolster Y Bostick Branch YBray Brooks Y Brown.G YBuck Y Burruss Byrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark,L Colbert Coleman Colwell Y Connell Y Cooper Y Copelan Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis YDean Y Diion Y Dobbs Y Dover Dunn Edwards Y Felton Floyd Foster YGaler Y Godbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Manner Y Harris Y Hasty YHays Y Heard YHill 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 Y Johnson,R Johnson,S Y Kilgore Y Kingston Lane.D YLane,R Y Lawler Lawrence Y Lawson YLee.C Y Lee.W Linder YLogan YLong YLord Lucas Lupton Maddoi 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 Y Mueller Y Oliver.C Y Padgett Pannell YParham Y Parrish Patten Y Peters Y Pettit Y Phillips Pinks ton Y Porter YRainey 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 Y Smith.T YSmyre Y Stancil Steinberg Thomas.C Y Thomas.M Y Thompson Y Townsend Triplett Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Watts White Y 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 134, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1334. By Representatives Athon of the 57th and Childers of the 15th: A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to require hospitals to request that anatomical gifts be made; to authorize the parents, legal guardian, or other authorized person to make an anatomical gift of an indi vidual under 18 years of age, such gift to take effect at death. The following Committee substitute was read and adopted: A BILL To amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Anno tated, relating to anatomical gifts, so as to require organ banks or storage facilities to request that anatomical gifts be made; to authorize the parents, legal guardian, or other authorized person to make an anatomical gift of an individual under 18 years of age, such gift to take effect at death; to require organ banks or storage facilities to request that par ents, legal guardians, or other authorized persons make such gifts; to provide for record keeping for such gifts and related matters; to provide for rules and regulations by the 898 JOURNAL OF THE HOUSE, Board of Human Resources; to provide that, unless such gifts are medically unsuitable, certain anatomical gifts are irrevocable at death; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Anno tated, relating to anatomical gifts, is amended by striking in its entirety Code Section 44-5-143, relating to persons who may make anatomical gifts, and inserting in its place a new Code Section 44-5-143 to read as follows: "44-5-143. (a) Any individual who is 18 years of age or older and of sound mind may give all or any part of his body for any purpose specified in Code Section 44-5-144, the gift to take effect upon death. (b) WhB On or before the occurrence of death in a hospital, when persons in prior classes are not available at th time of death and in the absence of actual notice of con trary indications by the decedent or actual notice of opposition by a member of the same or a prior class, the person in charge of the hospital or his designated representa tive shall notify the concerned organ bank or storage facility which shall, if appropriate. request that any of the following persons, in order of priority stated, may give all or any part of the decedent's body for any purpose specified in Code Section 44-5-144: (1) The spouse; (2) An adult son or daughter; (3) Either parent; (4) An adult brother or sister; (5) A guardian of the person of the decedent at the time of his death other than a guardian ad litem appointed for such purpose; or (6) Any other person authorized or under obligation to dispose of the body. (c) (1) The person in charge of the hospital or his designated representative shall record in a book kept for this purpose a statement to the effect that the concerned organ bank or storage facility has been notified and whether, if appropriate, a request for a consent to an anatomical gift has been made and shall further indicate whether or not consent was granted, the name of the person granting the consent, and his or her relationship to the decedent. (2) A request under subsection (b) of this Code section is appropriate only when consent would yield a donation suitable for use pursuant to medical and other criteria as defined by regulations of the Board of Human Resources. 4e) (d) If the donee has actual notice of contrary indications by the decedent or actual notice that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift. The persons authorized by subsec tion (b) of this Code section may make the gift after or immediately before death. Upon admission of a person to any hospital, at his request, the hospital shall record in a book kept for the purpose, the expression of intent of such person with regard to the disposi tion of his body and such expression shall be deemed to be sufficient notice under this Code section not to be contravened by opposition from persons listed in subsection (b) of this Code section. ^d) (e) A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended. {e} (Q The rights of the donee created by the gift are paramount to the rights of others except as provided by subsection (d) of Code Section 44-5-148. (g) The Board of Human Resources shall establish regulations concerning the train ing of hospital employees who may be designated to perform the request and the proce dures to be employed in making it. In addition, the board shall establish such regulations as are necessary to implement appropriate hospital procedures to facilitate the delivery of donations from receiving hospitals to potential recipients. (h) The Board of Human Resources shall establish such additional rules and regula tions as are necessary for the implementation of this Code section. ^i)_In promulgating or amending all rules and regulations required for the proper implementation and administration of this Code section, the Board of Human Resources THURSDAY, FEBRUARY 13, 1986 899 shall consult with and receive input from any and all affected associations, agencies, or entities including but not limited to the Medical Association of Georgia, the Atlanta Regional Organ Procurement Agency, the Atlanta Regional Tissue Bank, the Medical College of Georgia Regional Organ Procurement Program, and the Georgia Hospital Association." Section 2. Said article is further amended by inserting immediately following Code Section 44-5-143 a new Code section, to be designated Code Section 44-5-143.1, to read as follows: "44-5-143.1. (a) The parents, legal guardian, or other person authorized under sub section (b) of this Code section may, unless otherwise directed by a will, give all or any part of the body of a person who is under 18 years of age for any purpose specified in Code Section 44-5-144, the gift to take effect upon death. (b) On or before the occurrence of death in a hospital, when persons in prior classes are not available and in the absence of actual notice of contrary indications by the dece dent or actual notice of opposition by a member of the same or a prior class, the person in charge of the hospital or his designated representative shall notify the concerned organ bank or storage facility which shall, if appropriate, request that any of the follow ing persons, in order of priority stated, give all or any part of the decedent's body for any purpose specified in Code Section 44-5-144: (1) Both parents; (2) If both parents are not readily available and no contrary indications of the absent parent are known, one parent; (3) If the parents are divorced or legally separated, the custodial parent; (4) In the absence of the custodial parent, when no contrary indications of the absent parent are known, the noncustodial parent; (5) If there are no parents, the legal guardian; or (6) Any other person authorized or obligated to dispose of the body. (c) (1) The person in charge of the hospital or his designated representative shall record in a book kept for this purpose a statement to the effect that the concerned organ bank or storage facility has been notified and whether, if appropriate, a request for a consent to an anatomical gift has been made and shall further indicate whether or not consent was granted, the name of the person granting the consent, and his or her relationship to the decedent. (2) A request under subsection (b) of this Code section is appropriate only when consent would yield a donation suitable for use pursuant to medical and other criteria as defined by regulations of the Board of Human Resources. (d) If the donee has actual notice of contrary indications by the decedent or actual notice that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift. The persons authorized by subsection (b) of this Code section may make the gift after or immediately before death. Upon admission of a person to any hospital at his request, the hospital shall record in a book kept for the purpose of the expression of intent of such person with regard to the disposition of his body and such expression shall be deemed to be sufficient notice under this Code section not to be contravened by opposition from persons listed in subsection (b) of this Code section. (e) A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended. (f) The rights of the donee created by the gift are paramount to the rights of others except as provided by subsection (d) of Code Section 44-5-148. (g) The Board of Human Resources shall establish regulations concerning the train ing of hospital employees who may be designated to perform the request and the proce dures to be employed in making it. In addition, the board shall establish such regulations as are necessary to implement appropriate hospital procedures to facilitate the delivery of donations from receiving hospitals to potential recipients. (h) The Board of Human Resources shall establish such additional rules and regula tions as are necessary for the implementation of this Code Section. 900 JOURNAL OF THE HOUSE, (i) In promulgating or amending all rules and regulations required for the proper implementation and administration of this Code section, the Board of Human Resources shall consult with and receive input from any and all affected associations, agencies, or entities including but not limited to the Medical Association of Georgia, the Atlanta Regional Organ Procurement Agency, the Atlanta Regional Tissue Bank, the Medical College of Georgia Regional Organ Procurement Program, and the Georgia Hospital Association." Section 3. Said article is further amended by striking in its entirety subsection (b) of Code Section 44-5-145, relating to anatomical gifts made by will, donor card, or other instrument, and inserting in its place a new subsection (b) to read as follows: "(b) A gift of all or part of the body under subsection (a) of Code Section 44-5-143 may also be made by a document other than a will. T-he Unless the gift is deemed medi cally unsuitable, the gift becomes effective and irrevocable upon the death of the donor. The document, which may be a card designed to be carried on the person, must be signed by the donor in the presence of two witnesses who must sign the document in his presence. If the donor cannot sign, the document may be signed for him at his direc tion and in his presence and in the presence of two witnesses who must sign the docu ment in his presence. Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid." Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Bamett,M YBeck Y Benefield YBenn Y Birdsong Bishop Bolster Y Bostick Branch YBray Brooks Y Brown.G YBuck Y Burruss Byrd Y Carter Y Chambless Y Chance Y Cheeks Y Childera Y Childs Y Clark,B Y Clark,L Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Couch YCox Y Crawford Crosby Y Cummings Daugherty Y Davis YDean Y Dixon Y Dobbs Dover Dunn Edwards Y Felton Floyd Y Foster Y Galer YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Harris 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 Lane,D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C YLee,W Linder YLogan YLong YLord 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 YMortpn Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Pannell Parham Y Parrish Patten Y Peters Y Pettit Y Phillips Y 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 YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Smith,L Y Smith,P Y Smith.T Smyre Y Stancil Y Steinberg Thomas.C Y Thomas,M Y Thompson Y Townsend Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Y Ware Y Watson Watts White Y Wilder Williams.B WiUiams,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 139, nays 0. THURSDAY, FEBRUARY 13, 1986 901 The Bill, having received the requisite constitutional majority, was passed, by substi tute. HR 577. By Representative Stancil of the 66th: A RESOLUTION Creating a Joint Liability Insurance Study Committee; and for other purposes. WHEREAS, Georgians throughout the state in various occupations and socioeconomic levels are increasingly concerned about the rising cost of liability insurance; and WHEREAS, this issue encompasses areas other than professional malpractice cases including the availability of insurance for homeowners, businesses, and local governments; and WHEREAS, the particular factors and conditions which have an impact on this issue are multiple and their interrelationships are complex in nature; and WHEREAS, the need exists for a thorough examination of the various features of tort law which contribute to the problem of rising insurance premiums and the availability of insurance coverage for individuals, businesses, and units of government and the relevant economic factors which affect this issue. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Liability Insurance Study Committee to be com posed of 18 members. Three members of the Senate shall be appointed by the President of the Senate, and three members of the House of Representatives shall be appointed by the Speaker of the House. Two members who are experts in the field of business finance or accounting, two members who are members in good standing of the State Bar of Georgia, two members who represent the insurance industry, two members who represent the medical profession, and four members who represent the interests of business and the general public shall be appointed by the Governor. The Governor shall designate one of the legislative members to serve as chairman of the committee. The committee shall con duct a comprehensive study of the essential features of Georgia's liability insurance and tort law with a view toward identifying possible solutions to the problem and ensuring greater predictability in insurance coverage at minimal cost. The committee may seek the cooperation and assistance of staff within the Insurance Department and from the faculty within the school of business administration of Georgia State University in carrying out its duties under this resolution. BE IT FURTHER RESOLVED that the legislative members of the committee shall receive the expenses and allowances provided by law for members of legislative interim committees attending meetings of the committee. Members of the committee who are not members of the General Assembly shall not be compensated or reimbursed for expenses from state funds for service on the committee. The members of the committee shall be authorized to meet for not more than ten days to carry out their duties under this resolu tion. BE IT FURTHER RESOLVED that the committee will make a report of its findings and recommendations to the Governor and to the General Assembly by not later than the date the General Assembly convenes in regular session in January, 1987, and on that date the committee shall stand abolished. The following Committee substitute was read and adopted: A RESOLUTION Creating the Joint Liability Insurance Cost Containment Study Committee; and for other purposes. 902 JOURNAL OF THE HOUSE, WHEREAS, rising liability insurance costs are a vital concern to the people of this state; and WHEREAS, access to liability insurance is a right of the people and an area in which the state government has an interest; and WHEREAS, the cost of liability insurance is rapidly rising beyond the economic reach of a large segment of our population; and WHEREAS, the General Assembly wishes to determine what is the most effective means of containing rising liability insurance costs while meeting the needs of the popu lation of the State of Georgia for accessible liability insurance; and WHEREAS, there are many factors bearing upon the cost of liability insurance; and WHEREAS, a special study committee should be created to investigate the complicated issues, problems, and factors involved in the cost of liability insurance. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that there is created the Joint Liability Insurance Cost Containment Study Committee to be composed of 12 members. Six members shall be members of the House of Representatives to be appointed by the Speaker of the House of Representatives. Six members shall be members of the Senate to be appointed by the Lieutenant Governor. The committee shall select a chairman at its first meeting which shall be called by the Speaker of the House of Representatives and the Lieutenant Governor. BE IT FURTHER RESOLVED that the committee shall undertake a study of the issues, problems, and factors mentioned above and any other problems related thereto and recommend necessary steps to be undertaken to alleviate any such problems. The commit tee 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 legis lative committees, however, 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 the suggestions for proposed legislation, if any, no later than December 31, 1986, 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 Y Aiken Y Alford Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron YBarnett,B Y Barnett.M Y Beck Y Benefield Y Benn Y Birdsong Bishop Bolster Y Bostick Branch Y Bray Brooks Y Brown.G Y Buck Y 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 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 Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Harris 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 Lane.D Y Lane.R Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Linder Y Logan Y Long Y Lord THURSDAY, FEBRUARY 13, 1986 903 Lucas Lupton Maddox Y Mangum Y Martin.C Y Martin,.! 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 Padgett Pannell Y Parham Y Parrish Patten Y Peters Y Pettit Y Phillips Y 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 YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfleld Y Sizemore Smith, L Y Smith,? Y Smith.T Smyre Y Stancil Y SUinberg Thomas.C Y Thomas.M Y Thompson Y Townsend Triplett Y 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 Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy.Spkr On the adoption of the Resolution, by substitute, the ayes were 151, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. SB 120. By Senator Brown of the 47th: A bill to amend Code Section 47-6-80 of the Official Code of Georgia Anno tated, relating to eligibility and application for a retirement allowance, early retirement, and amount of retirement allowance under the Georgia Legis lative Retirement System, so as to increase the retirement allowance. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: N Aaron Y Adams.G N Adams.M N Aiken Alford Alien Y Anderson YArgo Y Athon N Atkins N Auten Y Bailey Y Balkcom N Bannister Y Bargeron Y Bamett,B N Barnett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop Bolster Bostick Branch YBray Brooks Y Brown.G NBuck Burruss YByrd Carter Y Chambless Y Chance N Cheeks N Childers Childs Y Clark.B Y Clark.L N Colbert Y Coleman Y Colwell Y Connell Cooper Copelan Y Couch YCox Crawford Y Crosby N Cummings Daugherty N Davia NDean Y Dixon Y Dobbs Y Dover N Dunn Edwards N Felton Y Floyd Foster N Galer Y Godbee N Goodwin Y Greene YGreer Y Groover Y Hamilton Y Banner Y Harris Y Hasty YHays N Heard NHill Y Holcomb Y Holmes N Hooks Y Home Y Hudson N Isakson Y Jackson,J Y Jackson,N Y Jamieson Y Johnson.D N Johnson.F Y Johnson.R N Johnson.S Y Kilgore N Kingston Lane.D Y Lane.R Y Lawler N Lawrence Y Lawson Y Lee,C NLee.W N Linder YLogan YLong YLord Lucas Lupton Maddox Y Mangum Y Martin.C N Martin,J Y Matthews N McDonald N McKelvey Y McKinney N Milam Y Milford Y Moody Y Moore N Morton Y Mostiler Y Moultrie N Mueller Y Oliver.C N Padgett Y Pannell Parham Y Parrish Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T N Ramsey.V Randall N Ransom Ray Y Reaves Y Redding Y Richardson Y Robinson.C N Robinson,P YRoss N Royal N Russell N Selman On the passage of the Bill, the ayes were 99, nays 52. N Shepard N Sherrod Y Sinkfield Y Sizemore Smith, L N Smith,P Y Smith,T Y Smyre N Stancil N Steinberg Y Thomas.C Y Thomas.M N Thompson N Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L N Wall Y Ware Y Watson Y Watts Y White N Wilder N Williams.B Williams,J Williams,R N Wilson Y Wood Y Workman Y Yeargin Y Young Murphy.Spkr 904 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. Due to a possible conflict of interest, Representative Foster of the 6th was excused from voting on the passage of SB 120. HR 464. By Representatives Lane of the 27th, Aaron of the 56th, Alford of the 57th, Athon of the 57th and Greer of the 39th: A BILL Creating the Hartsfield Atlanta International Airport Overview Committee; and for other purposes. WHEREAS, the City of Atlanta owns and operates Hartsfield Atlanta International Airport which is the second busiest airport in the United States; and WHEREAS, Hartsfield Atlanta International Airport and the operation thereof is of vital concern to the state as a whole and in particular to the local governments surround ing the airport; and WHEREAS, the members of the General Assembly and officials of the local govern ments in the Metropolitan Atlanta Area continuously receive inquiries and complaints about noise, pollution, and other environmental conditions caused by the frequency and volume of planes taking off and landing at the airport; and WHEREAS, a 1985 legislative study committee of the House of Representatives con ducted an extensive study of the noise, pollution, and other environmental conditions related to the operation of the airport, and the committee has strongly recommended that legislation be introduced at the 1986 session of the General Assembly of Georgia to create an airport overview committee to be known as the "Hartsfield Atlanta International Air port Overview Committee." BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) There is created the Hartsfield Atlanta International Airport Overview Committee to be composed of the following: the chairman of the State Planning and Com munity Affairs Committee of the House; the chairman of the Urban and County Affairs Committee of the Senate; the chairman of the Ways and Means Committee of the House; a member of the House Transportation Committee to be appointed by the Speaker; a member of the Senate Banking and Finance Committee to be appointed by the President of the Senate; two members of the House appointed by the Speaker, one of whom shall be from the most populous county in the state and one of whom shall be from the county in which the airport is physically located; two members of the Senate, to be appointed by the President thereof, one of whom shall be from the most populous county in the state and one of whom shall be from the county in which the airport is physically located; and three members of the House of Representatives and three members of the Senate appointed by the Governor, at least one of whom shall be from each of the two most popu lous counties in the state. The appointed members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairman of the committee shall be appointed by the Speaker of the House from the membership of the committee, and the vice chairman of the committee shall be appointed by the Presi dent of the Senate from the membership of the committee. The chairman and vice chair man shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed position or in the office of chairman or vice chairman of the committee shall be filled for the unexpired term in the same manner as original appointments. (b) The committee shall coordinate and cooperate with the City of Atlanta, the Fed eral Aviation Administration, the Atlanta Regional Commission, and local governments in the metropolitan Atlanta area in a conciliatory effort to find ways and means to abate or THURSDAY, FEBRUARY 13, 1986 905 mitigate the hardships of metropolitan Atlanta area citizens which are caused by the noise, pollution, and other environmental conditions produced by the frequency and volume of aircraft taking off and landing at Hartsfield Atlanta International Airport. Section 2. The state auditor, the commissioner of transportation, and the Attorney General shall make available to the committee the services of their respective departments in order to assist the committee in the discharge of its duties. The chairman of the committee shall have the power while the General Assembly is in session or during the interim between sessions to compel the attendance of witnesses and the production of documents, subject to the concurrence of the Speaker of the House and the President of the Senate. Section 3. The aviation officials of the City of Atlanta shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, and the commissioner of transportation in order that the charges of the committee may be timely and efficiently discharged. The aviation officials of the City of Atlanta shall submit to the committee such reports and data as the committee shall reasonably require in order that the committee may adequately inform itself and carry out its responsibilities as required by this resolution. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the operation of Hartsfield Atlanta International Airport or as to any subpoenas issued by the committee. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary in the public interest, submit to the General Assembly a report of its findings and recommendations based upon its review and evaluation of the management and operation of Hartsfield Atlanta International Airport by the aviation officials of the City of Atlanta. Section 4. (a) In the discharge of its duties, the committee shall evaluate the perfor mance of the operation of Hartsfield Atlanta International Airport by the City of Atlanta consistent with the following criteria: (1) Responsiveness to community needs and community desires; and (2) Impact on the environment. (b) To assist in evaluating the performance of the operation of Hartsfield Atlanta International Airport by the City of Atlanta pertaining to the criteria set forth in subsec tion (a) of this section, the committee may appoint a citizens advisory committee, or committees. The citizens advisory committee, or committees, shall act only in an advisory capacity. Section 5. (a) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (b) The funds necessary for the purposes of this resolution, including the payment of expenses of the citizens advisory committee, or committees, and the payment of all other expenses incurred by the committee in performing its duties, shall come from the funds appropriated to and available to the legislative branch of government. The following Committee substitute was read and adopted: A RESOLUTION To re-create the Hartsfield Atlanta International Airport Noise Study Committee; and for other purposes. WHEREAS, this body created the Hartsfield International Airport Noise Study Committee at the 1985 session of the General Assembly; and WHEREAS, the committee met with federal and local officials and private citizens to discuss the noise, pollution, and other environmental conditions caused by aircraft taking off and landing at Hartsfield Atlanta International Airport; and 906 JOURNAL OF THE HOUSE, WHEREAS, although positive measures to relieve or mitigate the hardships of the citizens residing in the vicinity of the airport caused by the noise, pollution, and other environmental conditions were announced by the Federal Aviation Administration and the City of Atlanta while the committee was conducting its deliberations, there are many other practical and environmental issues associated with the airport which require further and more detailed study. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that the Hartsfield Atlanta International Airport Noise Study Committee is re-created to be composed of the same membership and officers as the members who were appointed by the Speaker to serve on the original study committee. BE IT FURTHER RESOLVED that the committee shall continue to study the prob lems associated with aircraft noise, pollution, and other environmental conditions at Hartsfield Atlanta International Airport and make recommendations to relieve or mitigate the hardships of the citizens residing in the vicinity of the airport caused by the noise, pollution, and other environmental conditions produced by the aircraft taking off and landing at the airport. 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 effec tively 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 the date on which the General Assembly con venes in regular session in January, 1987, at which time the committee shall stand abol ished. 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 Y Aiken Alford Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Harriett,M Y Beck Y Benefield Y Benn Birdsong Y Bishop Bolster Y Bostick Branch Y Bray Brooks Y Brown.G YBuck Y Burruss Y Byrd Y Carter YChambless Y Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark.L Y Colbert YColeman Colwell Y Connell Cooper Y Copelan Y Couch Y Cox Crawford Crosby Y Cummings Daugherty Davis N Dean Y Dixon Y Dobbs Y Dover Y Dunn Edwards Y Felton YFloyd Y Foster YGaler Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Harris Y Hasty Y Hays 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 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 Y Long Y Lord Lucas Lupton Maddox 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 Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Y Pettit Phillips Pinkston Y Porter Y Rainey Ramsey.T Ramsey.V Randall Y Ransom Y Ray Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P Y Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Smith.L Y Smith,P Y Smith.T Y Smyre Y Stancil Steinberg y Thomas.C y Thomas M y Thompson Y -r-__;lTlH * ' , TMa A '"Plett ,,,,,?!? Y Wadd'e Y Waldrep Y Walker.C Y Walker.L THURSDAY, FEBRUARY 13, 1986 907 Y Wall Y Ware Y Watson Y Watts Y 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 adoption of the Resolution, by substitute, the ayes were 143, nays 1. 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 amendment thereto: HB 345. By Representatives Thompson of the 20th and Cooper of the 20th: A bill to amend Code Section 20-2-850 of the Official Code of Georgia Anno tated, relating to sick and annual leave for teachers and other personnel, so as to provide that accumulated sick and annual leave shall not be forfeited for a certain break in service if the break in service is to seek a higher or different level of certification. The following Senate amendment was read: Amend HB 345 by striking from line 6 on page 2 the figure "12" and inserting in lieu thereof the figure "24". Representative Thompson of the 20th moved that the House agree to the Senate amendment to HB 345. On the motion, 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 Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Bolster Y Bostick Branch YBray Brooks Brown.G 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 Crawford Crosby Y Cummings Daugherty Y Davis YDean Dixon YDobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler YGodbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton Hanner Y Harris 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 YLane,R Y Lawler Y Lawrence Y Lawson YLee,C YLee.W Y Under YLogan YLong YLord Lucas 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 Padgett Y Pannell Par ham Y Parrish Patten Y Peters Y Pettit Y Phillips Pinks ton 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 Sinkfield Y Sizemore Smith,L Y Smith.P Y Smith.T YSmyre 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 Y White Y Wilder Y Williams,B Y Williams,J Y Williams.R Y Wilson YWood Y Workman Y Yeargin Young Murphy ,Spkr 908 JOURNAL OF THE HOUSE, On the motion, the ayes were 150, nays 0. The motion prevailed. By unanimous consent, the following Bill of the Senate was withdrawn from the Gen eral Calendar and recommitted to the Committee on Retirement: SB 50. By Senator Deal of the 49th: A bill to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of certain judicial offi cers and employees in the Employees' Retirement System of Georgia, so as to provide that certain secretaries of district attorneys shall have the right to purchase service credit for certain periods of time. Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 1447. By Representatives Steinberg of the 46th, Pannell of the 122nd, Mueller of the 126th, Walker of the 115th, Randall of the 101st and others: A bill to amend Code Section 19-13-1 of the Official Code of Georgia Anno tated, relating to the definition of family violence, so as to change such definition. Representative Steinberg of the 46th moved that further consideration of HB 1447 be postponed until February 14, 1986, immediately following the period of unanimous con sents. 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 Y Athon Y Atkins Auten Y Bailey Y Balkcom Y Bannister Bargeron Barnett,B Y Barnett.M Y Beck Benefield Benn Y Birdsong Y Bishop Bolster Bostick Branch YBray Brooks Brown,G Buck Burruss YByrd Y Carter Y Chambless Y Chance Cheeks Y Childers Childs Y Clark,B Y Clark.L Colbert Y Coleman Y Colwell Y Connell Cooper Copelan Y Couch Y Cox Crawford Crosby Y Cummings Daugherty N Davis Dean Dixon Y Dobbs Y Dover Y Dunn Edwards Felton YFloyd Y Foster YGaler Y Godbee Y Goodwin Y Greene Y Greer Groover Y Hamilton Hanner Y Harris Y Hasty Y Hays Y Heard N 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 Y Johnson.R Y Johnson.S Y Kilgore Y Kingston Y Lane.D Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan Y Long N Lord Lucas Lupton Maddox Y Mangum Martin.C Y Martin,J Y Matthews McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Moore Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Parham Y Parrish Patten Peters Y Pettit Y Phillips Y Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V Randall Y Ransom Y Ray Y Reaves Y Redding Y Richardson Robinson.C Y Robinson.P Y Rosa Y Royal Y Russell Selman N Shepard Y Sherrod Sinkfleld Y Sizemore Smith.L Y Smith,P Smith.T Y Smyre Stancil Y Steinberg Y Thomas.C y Thomas,M y Thompson Yv T4,oVwTMnse,nd *{? ,,* AW,a?dd!ife Y Waldrep Y Walker.C Y Walker.L THURSDAY, FEBRUARY 13, 1986 909 Y Wall N Ware Y Watson Watts Y White Y Wilder Williams.B Y Williams,J Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr On the motion, the ayes were 120, nays 5. The motion prevailed. The Speaker Pro Tern assumed the Chair. HB 1490. By Representatives Workman of the 51st, Watson of the 114th and Hooks of the 116th: A bill to amend Code Section 8-2-90 of the Official Code of Georgia Anno tated, relating to definitions with respect to glass installations in buildings generally, so as to change the definition of the term "hazardous locations." The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 106, nays 1. The Bill, having received the requisite constitutional majority, was passed. HB 1375. By Representatives Thomas of the 31st, Bishop of the 94th, Daugherty of the 33rd and Alien of the 127th: A bill to amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to the rights, duties, and liabilities of innkeepers, so as to require a notice of termination to be given to certain occupants of hotels, apartment hotels, boarding houses, or inns; to specify the period of time which a notice shall cover. The following Committee substitute was read and adopted: A BILL To amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Anno tated, relating to the rights, duties, and liabilities of innkeepers, so as to require a notice of termination to be given to certain occupants of hotels, apartment hotels, boarding houses, or inns; to specify the period of time which a notice shall cover; to provide excep tions to the notice requirements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Anno tated, relating to the rights, duties, and liabilities of innkeepers, is amended by inserting immediately following Code Section 43-21-3 a new Code section, to be designated Code Section 43-21-3.1, to read as follows: "43-21-3.1. (a) Whenever the keeper of a hotel, apartment hotel, boarding house, or inn wishes to terminate the occupancy of a guest for reasons other than those described in subsection (b) of this Code section, the keeper shall give notice of such intention to the guest. The period of time to be specified in the notice as to when the occupancy will be declared terminated by the keeper shall be equal to the period of time for which occupancy is paid for by the guest and accepted by the keeper. (b) The notice requirement of subsection (a) of this Code section shall not apply to a termination of occupancy for cause, such as failure to pay sums due, failure to abide by rules of occupancy, failure to have or maintain reservations, or other action by a guest." 910 JOURNAL OF THE HOUSE, Section 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 99, nays 9. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1433. By Representative Aiken of the 21st: A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass and related offenses, so as to provide that under certain circumstances a person who parks, stands, or operates a motor vehicle in a privately owned parking area provided by a merchant or merchants for the use of customers commits the offense of criminal trespass by motor vehicle; to provide for punishment. The following amendment was read and adopted: Representative Groover of the 99th moves to amend HB 1433 as follows: Add after the word "person" on line 18, page 1, the words: "After having been requested by the owner or a law enforcement officer not to do so." The following amendment was read: Representative Johnson of the 72nd moves to amend HB 1433 by striking on page 3, lines 1, 2 and 3, "the maximum punishment authorized to be imposed by the municipality in its charter" and insert "$50.00", and punctuate accordingly. On the adoption of the amendment, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y Adams.M N Aiken Alford Alien Y Anderson Y Argo NAthon N Atkins N Auten Bailey Y Balkcom N Bannister Y Bargeron Y Barnett.B N Barnett,M YBeck YBenefield Benn Y Birdsong N Bishop Y Bolster N Bostick Branch Y Bray Y Brooks Y Brown.G N Buck N Burruss Y Byrd N Carter Y Chambless Y Chance Cheeks Y Childers Y Childs YClark.B Y Clark.L N Colbert Coleman Y Colwell Connell N Cooper Y Copelan Y Couch YCox Crawford Y Crosby Y Cummings Daugherty Y Davis Y Dean Y Diion Y Dobbs Dover Y Dunn Edwards N Felton Floyd Y Foster N Galer Y Godbee N Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Harris N Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson N Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson.D N Johnson.F Y Johnson.R Y Johnson.S N Kilgore N Kingston Y Lane.D Y Lane.R Y Lawler Y Lawrence N Lawson Y Lee.C Y Lee.W Y Linder Y Logan Y Long N Lord Y Lucas Lupton Maddox Y Mangum Y Martin.C Y Martin ,J N Matthews Y McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morton N Mostiler Y Moultrie N Mueller N Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T N Ramsey.V Y Randall Y Ransom Y Ray Y Reaves Y Redding N Richardson N Robinson.C N Robinson.P Y Ross Royal Y Russell Y Selman N Shepard THURSDAY, FEBRUARY 13, 1986 Y Sherrod Sinkfield Y Sizemore Smith.L Smith.P Y Smith.T Smyre Y Stancil N Steinberg Y Thomas.C Y Thomas.M Y Thompson Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White N Wilder N Williams.B Y Williams,J Williams.R On the adoption of the amendment, the ayes were 114, nays 36. The amendment was adopted. 911 Y Wilson Wood N Workman Yeargin Young Murphy.Spkr The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: N Aaron Y Adams.G Y Adams.M Y Aiken Alford Alien N Anderson Y Argo Y Athon Y Atkins YAuten Bailey N Balkcom Y Bannister Y Bargeron N BarnettjJ Y Barnett,M NBeck Y Benefield YBenn N Birdsong Y Bishop Y Bolster Y Bostick Branch NBray N Brooks Brown.G YBuck Y Burruss YByrd Y Carter N Chambless Y Chance Cheeks Y Childers N Childs Y Clark.B Y Clark.L Y Colbert N Coleman N Colwell Connell Y Cooper Y Copelan N Couch YCox Crawford Y Crosby N Cummings Daugherty Y Davis YDean Y Dixon Y Dobbs N Dover NDunn Edwards Y Felton Y Ployd N Foster Y Galer Y Godbee Y Goodwin N Greene Y Greer Y Groover N Hamilton N Hanner Y Harris Y Hasty NHays Y Heard YHill Y Holcomb Y Holmes N Hooks Y Home Y Hudson Y Isakson N Jackson.J Jackson,N N Jamieson N Johnson,D Y Johnson.F Y Johnson,R Y Johnson.S Y Kilgore N Kingston Y Lane,D N Lane.R Y Lawler Y Lawrence N Lawson NLee.C Y Lee.W N Linder Y Logan NLong NLord N Lucas Lupton Maddox N Mangum N Martin.C Y Martin.J Y Matthews N McDonald N McKelvey N McKinney YMilam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett N Pannell YParham N Parrish Patten N Peters Y Pettit Y Phillips Y Pinkston N Porter N Rainey N Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay N Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P NRoss Royal Y Russell Y Selman Y Shepard N Sherrod Sinkfield N Sizemore Smith,L Smith,P N Smith.T Y Smyre Y Stancil Y Steinberg N Thomas.C Y Thomas,M Y Thompson Townsend N Triplett Twiggs Y Waddle N Waldrep N Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B N Williams,J Williams.R Y Wilson Wood Y Workman Y Yeargin Young Murphy,Spkr On the passage of the Bill, as amended, the ayes were 101, nays 54. 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 amendment thereto: HB 1281. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th: A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, known as the "Financial Institutions Code of Georgia," so as to repeal 912 JOURNAL OF THE HOUSE, the definition of the term "money"; to authorize the department to expend funds for the recruitment, training, and certification of a professional staff of financial examiners. The following Senate amendment was read: Amend HB 1281 by inserting on line 2 of page 2 between the word and semicolon "therein;" and the word "to" the following: "to change the qualifications of directors;". By striking line 32 on page 5 in its entirety and substituting in lieu thereof the follow ing: "subsection (c) of Code Section 7-1-394. No more than 25 percent of the total membership of the board of directors of a bank. trust company, or bank holding company shall be members of the same family unless such family members own a majority of the outstanding stock of the bank, trust company, or bank holding company. As used in this paragraph, the term "family" means parents, children, and the spouses of children.'" Representative Pinkston of the 100th moved that the House agree to the Senate amendment to HB 1281. On the motion, 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 Y Balkcom Y Bannister Y Bargeron Y Barnett.B Barnett,M YBeck Y Benefield Y Benn Y Birdsong Bishop Y Bolster Bostick Branch YBray Y Brooks Y Brown.G Y Buck Burruss YByrd Y Carter Y Chambless Y Chance Cheeks Y Childers Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Colwell Connell Y Cooper Copelan Y Couch YCox Crawford Y Crosby Cummings Daugherty Davis YDean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Hanner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson 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 YLee,C YLee.W Y Under YLogan YLong YLord Y Lucas Lupton Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald On the motion, the ayes were 145, nays 0. The motion prevailed. Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Y Morion Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Patten Y Peters Y Pettit Y Phillips Y 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 YSelman Y Shepard Y Sherrod Sinkfield Y Sizemore Smith.L Y Smith,P Y Smith.T Y Smyre Y Stancil Y Steinberg Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts White Y Wilder Williams,B Y Williams.J Y Williams.R Y Wilson Wood Workman Y Yeargin Young Murphy ,Spkr THURSDAY, FEBRUARY 13, 1986 913 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 338. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd: A bill to amend Chapter 2 of Title 52 of the Official Code of Georgia Anno tated, known as the "Georgia Ports Authority Act," so as to change the provisions relating to venue; to provide that venue in all actions brought against the Georgia Ports Authority shall be in the Superior Court of Chatham County. The following amendment was read: Representative Groover of the 99th moves to amend SB 338 by adding after "action" on line 27, page 1, the following: "provided however, the venue of an action for a tort shall be brought in the county wherein committed if the authority has a facility located therein, otherwise Chatham County." 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 Alford Alien Y Anderson YArgo Y Athon N Atkins N Auten Bailey Y Balkcom Y Bannister Bargeron Y Barnett,B N Barnett.M YBeck Y Benefield YBenn Birdsong Bishop N Bolster Y Bostick Branch Bray Y Brooks Brown.G YBuck Burruss Byrd Y Carter N Chambless Y Chance Cheeks N Childers N Childs Y Clark,B Clark.L N Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch NCox Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Dobbs Y Dover YDunn Y Edwards N Felton N Floyd Y Foster Y Galer YGodbee N Goodwin Greene Y Greer Y Groover N Hamilton Manner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes N Hooks YHorne Y Hudson N Isakson Jackson,J Jackson.N Y Jamieson Y Johnson.D N Johnson,F Y Johnson.R N Johnson.S N Kilgore N Kingston YLane,D Y Lane,R N Lawler Y Lawrence Lawson Lee,C YLee.W Y Linder Y Logan YLong NLord Y Lucas Lupton Maddox Y Mangum Y Martin,C N Martin.J Y Matthews N McDonald Y McKelvey Y McKinney YMilam Milford Moody Y Moore N Morton N Mostiler N Moultrie N Mueller Y Oliver.C Y Padgett N Pannell N Parham Y Parrish Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall N Ransom NRay Y Reaves Redding N Richardson Robinson,C Y Robinson,P YRoss Y Royal Russell YSelman On the adoption of the amendment, the ayes were 95, nays 39. The amendment was adopted. N Shepard Y Sherrod Sinkfield Y Sizemore Smith,L Smith,P Y Smith,T YSmyre Y Stancil Y Steinberg N Thomas,C Y Thomas,M Y Thompson N Townsend N Triplett YTwiggs Y Waddle N Waldrep Y Walker.C Y Walker,L Y Wall Y Ware Y Watson Watts White N Wilder N Williams,B Y Williams,J Y Williams,R Y Wilson Wood Workman Y Yeargin Young Murphy,Spkr The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. 914 JOURNAL OF THE HOUSE, On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Aaron Y Adams.G Y Adams.M Aiken Alford Alien Y Anderson YArgo Y Athon Y Atkins YAuten Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield YBenn Birdsong Bishop Y Bolster Y Bostick Branch Bray Y Brooks Y Brown.G Buck Y Burruss YByrd Y Carter Y Chambless Y Chance Cheeks Y Childere Y Childs 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 YDean Y Dixon Dobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Harris 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 Lawson Lee.C YLee.W Y Under Y Logan YLong YLord Y Lucas Lupton Maddox Y Mangum Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Y Pettit Y Phillips Pinks ton 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 Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Smith.L Smith.P Y Smith.T Y Smyre 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 Y Wilder Y Williams.B Y Williams.J Williams.R Y Wilson Wood Workman Y Yeargin Young Murphy,Spkr On the passage of the Bill, as amended, the ayes were 137, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. 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 14, 1986 915 Representative Hall, Atlanta, Georgia Friday, February 14, 1986 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 Wesley Stephens, Minister of Membership, First United Methodist Church, Athens, 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 followmg Bills and Resolutions of the House were intro duced, read the first time and referred to the committees: HB 1817. By Representatives Matthews of the 145th, Moody of the 153rd, Branch of the 137th, Smith of the 152nd and Moore of the 139th: A bill to amend Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving the distri bution and exhibition of harmful materials to minors, so as to provide that it shall be a criminal offense for any person having custody or control of any premises which are open to the public to allow the installation or mainte nance in or on such premises of any vending machine for the sale of condoms. Referred to the Committee on Judiciary. HB 1818. By Representatives Cox of the 141st and Murphy of the 18th: A bill to amend Chapter 12 of Title 17 of the Official Code of Georgia Anno tated, relating to legal defense of indigents, so as to provide that no action for damages shall be brought against any attorney licensed to practice law in 916 JOURNAL OF THE HOUSE, this state as a result of any act or omission by such attorney in his repre sentation of any indigent person in any criminal proceeding under certain circumstances. Referred to the Committee on Judiciary. HB 1819. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th: A bill to provide a $10,000.00 homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain resi dents of that school district who have annual incomes not exceeding $10,000.00 and who are 62 years of age or over. Referred to the Committee on State Planning & Community Affairs - Local. HB 1820. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th: A bill to provide a $10,000.00 homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 62 years of age or over. Referred to the Committee on State Planning & Community Affairs - Local. HB 1821. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th: A bill to provide a $4,000.00 homestead exemption from Floyd County ad valorem taxes for certain residents of that county who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over. Referred to the Committee on State Planning & Community Affairs - Local. HB 1822. By Representative Coleman of the 118th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Dodge CountyEastman Development Authority (Res. Act No. 226). Referred to the Committee on State Planning & Community Affairs - Local. HB 1823. By Representative Coleman of the 118th: 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 Dodge County and for the creation of education districts in connection therewith (Res. Act No. 172). Referred to the Committee on State Planning & Community Affairs - Local. HB 1824. By Representative Coleman of the 118th: A bill to amend an Act providing a new charter for the City of Eastman, so as to extend and increase the corporate limits of the City of Eastman. Referred to the Committee on State Planning & Community Affairs - Local. FRIDAY, FEBRUARY 14, 1986 917 HB 1825. By Representative Crawford of the 5th: A bill to amend an Act relating to constitutional authorization for and imposition of a local sales and use tax in Chattooga County for use by the Chattooga County School District and the Trion Independent School Dis trict, so as to change the formula by which the proceeds of such tax are to be allocated between said two school systems. Referred to the Committee on State Planning & Community Affairs - Local. HB 1826. By Representative Crawford of the 5th: A bill to amend an Act creating the State Court of Chattooga County, so as to provide that the judge of the State Court of Chattooga County shall be a part-time judge and may engage in the practice of law; to provide for office facilities; to change the qualifications for the office of solicitor of the State Court of Chattooga County. Referred to the Committee on State Planning & Community Affairs - Local. HB 1827. By Representatives Matthews of the 145th and Royal of the 144th: A bill to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of the city; to change the qualifications for councilman; to change certain voting requirements in zoning matters. Referred to the Committee on State Planning & Community Affairs - Local. HB 1828. By Representative Godbee of the 110th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Jenkins County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia Annotated. Referred to the Committee on State Planning & Community Affairs - Local. HB 1829. By Representatives Greene of the 130th, Godbee of the 110th, Cox of the 141st, Holcomb of the 72nd, Rainey of the 135th and others: A bill to amend Chapter 1 of Title 27 of the Official Code of Georgia Anno tated, relating to game and fish in general, so as to provide that a conser vation ranger who has accumulated 25 years of service in that capacity and has retired may be allowed, upon leaving service under honorable conditions, to retain his weapon and badge. Referred to the Committee on Game, Fish & Recreation. HB 1830. By Representatives Barnett of the 59th, Martin of the 60th, Wall of the 61st, Russell of the 64th, Bannister of the 62nd and others: A bill to amend an Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, so as to provide for the duties of the Executive Secretary and the Personnel Director; to provide for meetings of the Board; to provide that the Personnel Director shall be in the unclassified service. Referred to the Committee on State Planning & Community Affairs - Local. 918 JOURNAL OF THE HOUSE, HB 1831. By Representative Williams of the 48th: A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to driving under the influence of alcohol or drugs, so as to change certain penalties. Referred to the Committee on Motor Vehicles. HB 1832. By Representatives Pannell of the 122nd and Connell of the 87th: A bill to amend Code Section 34-9-1 of the Official Code of Georgia Anno tated, relating to definitions concerning workers' compensation, so as to exclude from the definition of "employee," independent contractors who dis tribute or deliver newspapers. Referred to the Committee on Industrial Relations. HB 1833. By Representative Phillips of the 120th: A bill to amend an Act creating a system of public schools for the City of Vidalia, so as to provide that the School District of the City of Vidalia shall be a body corporate and politic with authority to purchase, acquire, lease, condemn, and hold real estate in that name. Referred to the Committee on State Planning & Community Affairs - Local. HB 1834. By Representative Adams of the 79th: A bill to place the clerk of the Superior Court of Upson County upon an annual salary in lieu of the fee system of compensation; to provide for per sonnel within the clerk's office; to provide for budgets; to provide for arbitra tion of fees. Referred to the Committee on State Planning & Community Affairs - Local. HB 1835. By Representatives Wood of the 9th, Lawson of the 9th and Jackson of the 9th: A bill to amend Code Section 12-3-341 of the Official Code of Georgia Anno tated, relating to venue and jurisdiction of actions involving the Lake Lanier Islands Development Authority, so as to provide that actions shall be brought in the Superior Court of Hall County. Referred to the Committee on Judiciary. HB 1836. By Representatives White of the 132nd, Moore of the 139th, Ross of the 82nd, Aiken of the 21st, Athon of the 57th and others: A bill to amend Chapter 4 of Title 20 of the Official Code of Georgia Anno tated, relating to vocational education, so as to redesignate all state, local, and independent vocational-technical schools, programs, and institutions as vocational and technical institutions. Referred to the Committee on Education. HB 1837. By Representatives Childs of the 53rd, Richardson of the 52nd, Williams of the 54th, Steinberg of the 46th, Robinson of the 58th 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 providing that certain municipalities in DeKalb County shall constitute special services FRIDAY, FEBRUARY 14, 1986 919 tax districts and that DeKalb County shall tax such districts in accordance with the services provided to the districts by the county. Referred to the Committee on State Planning & Community Affairs - Local. HB 1838. By Representatives Walker of the 85th, Padgett of the 86th, Brown of the 88th and Connell of the 87th: A bill to amend an Act regulating public instruction for the County of Richmond, so as to change the compensation of members of the board and officers thereof. Referred to the Committee on State Planning & Community Affairs - Local. HB 1839. By Representative Isakson of the 21st: A bill to amend Code Section 8-3-3.1 of the Official Code of Georgia Anno tated, relating to definitions with regard to housing authorities, so as to change the definition of "eligible housing unit". Referred to the Committee on State Planning & Community Affairs. HB 1840. By Representatives Lawler of the 20th, Wilson of the 20th, Cooper of the 20th, Atkins of the 21st, Johnson 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. Referred to the Committee on State Planning & Community Affairs - Local. HR 720. By Representatives Childs of the 53rd, Murphy of the 18th, Adams of the 79th, Clark of the 55th, Buck of the 95th and others: A resolution commending Louie DeVotie Newton and authorizing the placing of his portrait in the State Capitol Building. Referred to the Committee on Rules. HR 742. By Representative Morton of the 47th: A resolution compensating Mr. Franklin D. Woodall. Referred to the Committee on Appropriations. HR 743. By Representative Morton of the 47th: A resolution compensating Mr. Norman Breen. Referred to the Committee on Appropriations. HR 744. By Representative Williams of the 48th: A resolution urging the use of distinctive license plates or bumper stickers to identify persons convicted of driving under the influence of alcohol or drugs. Referred to the Committee on Motor Vehicles. By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time: 920 JOURNAL OF THE HOUSE, HB 1765 HB 1766 HB 1767 HB 1768 HB 1769 HB 1770 l HR 774 HB 775 HR 177fi HR W77 HB 1778 U HIBJ 1177Q8A0 HB 1781 HB 1782 rHlrRi 1l7/Bo7I^42 Departmental Operations: Personal Services.............................................................................................! 275,348,870 Regular Operating Expenses ...........................................................................$ 29,032,375 Travel.......................................................................................................................! 612,167 Motor Vehicle Equipment Purchases.............................................................................................................! 641,255 Publications and Printing.......................................................................................! 69,907 Equipment Purchases.........................................................................................! 3,098,225 Computer Charges..............................................................................................! 2,559,352 Real Estate Rentals ...............................................................................................$ 510,260 Telecommunications...........................................................................................! 2,413,066 Per Diem, Fees and Contracts........................................................................! 10,698,622 Utilities...............................................................................................................! 15,756,500 Postage.....................................................................................................................! 232,860 Capital Outlay.....................................................................................................! 2,692,878 Authority Lease Rentals....................................................................................! 2,679,000 Institutional Repairs and Maintenance.............................................................................................! 2,142,699 Grants to County-Owned Detention Centers...........................................................................................! 2,318,115 Reserve for Thomasville RYDC...............................................................................! 2,367 Reserve for Claxton RYDC......................................................................................! 2,368 Drug Abuse Contracts ........................................................................................$ 1,015,960 Day Care Centers for the Mentally Retarded........................................................................................! 58,147,826 MR Day Care Center Motor Vehicle Purchases ...........................................................................................$ 2,819,376 Supportive Living Staff.....................................................................................j 1,556,506 Supportive Living Benefits................................................................................! 7,297,923 Georgia State Foster Grandparent/Senior Companion Program..........................................................................................! 562,960 Community Mental Health Center Services..............................................................................................! 69,264,726 Project Rescue........................................................................................................! 312,890 Project ARC............................................................................................................! 253,600 Project Friendship.................................................................................................! 266,700 Group Homes for Autistic Children................................................................................................! 232,123 Contract with Clayton County Board of Education for Autistic Children..................................................................................................! 68,000 980 JOURNAL OF THE HOUSE, Uniform Alcoholism Projects ............................................................................$ 2,245,899 Child Care Benefits .................................................................................................$ 16,000 Community Mental Retardation Staff ............................................................................................$ 3,646,719 Community Mental Retardation Residential Services......................................................................................! 13,657,537 Lumpkin Area Individual Living, Inc. ............................................................................................................$ 32,346 Total Funds Budgeted ...................................................................................$ 512,207,977 Agency Funds ..................................................................................................$ 136,793,606 Indirect DOAS Services Funding.....................................................................! 1,625,000 Social Services Block Grant Funds .......................................................................................$ 27,721,929 State Funds Budgeted....................................................................................! 346,067,442 Total Positions Budgeted 12,7667 12,672 Authorized Motor Vehicles 1,555 Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets Pos. Total Funds State Funds Southwestern State Hospital 1,099 $ 28,478,625 $ 18,021,538 Georgia Retardation Center 887 $ 24,793,250 $ 13,844,896 Georgia Mental Health Institute 539 $ 17,718,876 $ 15,318,876 Georgia Regional Hospital at Augusta 504 $ 13,284,866 $ 11,359,666 Northwest Regional Hospital at Rome 709 $ 20,658,892 $ 14,944,779 Georgia Regional Hospital at Atlanta 660 $ 17,519,562 ! 14,294,562 Central State Hospital 3,828/ 3,750 $ 100,986,564 $ 70,964,929 Georgia Regional Hospital at Savannah 510 ! 13,733,889 $ 12,233,889 Gracewood State School and Hospital 1,530/ 1,514 ! 37,852,040 $ 22,752,040 West Central Georgia Regional Hospital 430 ! 11,996,355 $ 10,216,546 Regional Youth Development Centers 417 ! 13,506,535 $ 13,219,250 State Youth Development Centers 743 ! 18,834,881 $ 18,280,929 Court Services 269 ! 7,511,577 $ 7,511,577 FRIDAY, FEBRUARY 14, 1986 Community Treatment Centers Day Centers Group Homes Runaway Investigations Interstate Compact Purchased Services Assessment and Classification Outdoor Therapeutic Program Mental Health Community Assistance Mental Retardation Community Assistance Central Pharmacy Day Care Centers for the Mentally Retarded Supportive Living Georgia State Foster Grandparent/Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Uniform Alcoholism Projects Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Central Laboratory Community Mental Retardation Staff Community Mental Retardation Residential Services Lumpkin Area Individual Living, Inc. 73 $ 2,035,628 24 $ 729,283 19 $ 550,616 15 $ 463,456 3$ 89,437 16 $ 2,256,874 10 $ 308,172 50 $ 1,494,888 221 $ 6,857,823 62 $ 2,265,656 3 $ 133,072 0 $ 58,137,218 0 $ 8,854,429 0 $ 562,960 0 $ 312,890 0 $ 1,015,960 68,013,522 0 $ 2,279,324 0 $ 203,600 44 $ 1,468,929 0 $ 232,123 0 $ 266,700 6 $ 280,279 $ 3,646,719 $ 13,618,537 $ 27,765 981 $ 2,035,628 $ 729,283 $ 550,616 $ 463,456 $ 89,437 $ 2,205,374 $ 308,172 $ 1,262,063 $ 6,800,923 $ 2,003,156 $ 133,072 $ 24,742,550 $ 4,871,150 $ 562,960 $ 149,890 $ 1,015,960 31,730,205 $ 1,616,917 $ 203,600 $ 770,839 $ 232,123 $ 266,700 $ -0- $ 2,627,458 $ 9,161,020 $ 27,765 982 JOURNAL OF THE HOUSE, Contract with Clayton County Board of Education for Autistic Children Undistributed Total 0 __95 12,7667 12,672 $ 68,000 $ 9,158,205 $ 512,207,977 $ 68,000 | 8,475,648 $ 346,067,442 Section 24. Department of Industry and Trade. A. Budget Unit: Department of Industry and Trade .................................................................................................$ 13,292,996 State Operations Budget: Personal Services.................................................................................................! 5,187,474 Regular Operating Expenses ................................................................................$ 714,286 Travel.......................................................................................................................$ 314,100 Motor Vehicle Equipment Purchases...............................................................................................................$ 12,720 Publications and Printing.....................................................................................! 284,650 Equipment Purchases..............................................................................................! 27,100 Computer Charges .................................................................................................$ 161,260 Real Estate Rentals ...............................................................................................$ 436,415 Telecommunications..............................................................................................! 161,041 Per Diem, Fees and Contracts.............................................................................! 204,150 Postage.....................................................................................................................! 180,800 Local Welcome Center Contracts........................................................................! 165,000 Advertising...........................................................................................................! 2,985,000 Cooperative Advertising........................................................................................! 425,000 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............................................................................! 30,000 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 .....................................................................................$ 19,651,209 State Funds Budgeted......................................................................................! 13,292,996 Total Positions Budgeted 195 Authorized Motor Vehicles 21 Industry Department of Industry and Trade Functional Budgets Pos. Total Funds 18 ! 812,088 State Funds ! 812,088 FRIDAY, FEBRUARY 14, 1986 983 Research 14 $ 597,579 $ 597,579 Tourism Promotional 27 $ 2,144,020 $ 2,144,020 Tourist Welcome Centers 94 2,427,934 2,282,934 Internal Administration 25 9,458,404 3,245,191 International 17 1,211,184 1,211,184 Advertising Undistributed 0 3,000,000 3,000,000 0 -0; -0- Total 195 19,651,209 13,292,996 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.......................................................................................| ^0; Total Funds Budgeted.....................................................................................! 59,287,686 State Funds Budgeted...................................................................................................! -0- Total Positions Budgeted 995 Authorized Motor Vehicles 37 Georgia World Congress Center Georgia Ports Authority Undistributed Total Authorities Functional Budgets Pos. Total Funds 215 5 10,416,126 780 5 48,871,560 0 I . 995 f 59,287,686 State Funds -0-0- -0; -0- Section 25. Department of Insurance. Budget Unit: Office of Insurance Commissioner..................................... Operations Budget: Personal Services........................................... Regular Operating Expenses ....................... ..! 7,835,118 ..! 7,102,903 .....! 366,491 984 JOURNAL OF THE HOUSE, Travel.......................................................................................................................! 189,900 Motor Vehicle Equipment Purchases ...................................................................$ 68,400 Publications and Printing.....................................................................................$ 158,716 Equipment Purchases............................................................................................! 129,983 Computer Charges .................................................................................................$ 230,339 Real Estate Rentals ...............................................................................................$ 469,325 Telecommunications..............................................................................................! 121,012 Per Diem, Fees and Contracts ...............................................................................$ 31,250 Total Funds Budgeted .......................................................................................$ 8,868,319 State Funds Budgeted........................................................................................! 7,835,118 Total Positions Budgeted 254 Authorized Motor Vehicles 57 Department of Insurance Functional Budgets Pos. Total Funds Internal Administration 22 ! 1 ,265,157 Insurance Regulation 56 $ 1 ,968,545 Industrial Loans Regulation 13 $ 516,234 Information and Enforcement 45 $ 1,431,518 Fire Safety and Mobile Home Regulations 118 $ 3,686,865 Undistributed 0 Total 254 $ 8,868,319 State Funds $ 1,265,157 $ 1,862,551 $ 516,234 $ 1,431,518 $ 2,759,658 $ $ 7,835,118 Section 26. Department of Labor. Budget Unit: Department of Labor...................................................................! 5,527,676 State Operations: Personal Services...............................................................................................! 56,977,529 Regular Operating Expenses .............................................................................$ 2,551,300 Travel....................................................................................................................! 1,356,395 Motor Vehicle Equipment Purchases...............................................................................................................! 22,500 Publications and Printing.....................................................................................! 101,766 Equipment Purchases............................................................................................! 316,002 Computer Charges..............................................................................................! 4,088,618 Real Estate Rentals ............................................................................................$ 2,194,591 Telecommunications...............................................,...........................................! 1,120,525 Per Diem, Fees and Contracts (JTPA)..........................................................................................$ 56,387,955 Per Diem, Fees and Contracts..........................................................................! 1,744,151 Capital Outlay........................................................................................................$600,000 W.I.N. Grants.........................................................................................................! 260,000 Payments to Georgia General Obligation Debt Sinking Fund.........................................................................! 400,000 Total Funds Budgeted ...................................................................................$ 128,121,332 State Funds Budgeted........................................................................................! 5,527,676 Total Positions Budgeted 1,971 Authorized Motor Vehicles 16 FRIDAY, FEBRUARY 14, 1986 985 Department of Labor Functional Budgets Pos. Total Funds Executive Offices 102 ! 5,271,139 Administrative Services 248 $ 12,501,777 Unemployment Insurance 208 $ 7,571,424 Employment Services 98 ! 4,020,099 Field Services 1,285 ! 45,461,080 Job Training Partnership 30 ! 53,295,813 Undistributed __0 ! -Q- Total 1,971 ! 128,121,332 State Funds ! 1,279,849 ! 760,803 ! 4,041 ! 317,347 ! 3,165,636 ! -0- $ 5,527,676 Section 27. 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................................................................................................................! -0- Total Funds Budgeted .....................................................................................,,! 6,414,835 State Funds Budgeted........................................................................................! 5,992,548 Total Positions Budgeted 122 Authorized Motor Vehicles 1 Section 28. Department of Medical Assistance. Budget Unit: Medicaid Services ....................................................................! 271,628,916 Departmental Operations Budget: Personal Services.................................................................................................! 7,223,092 Regular Operating Expenses................................................................................! 410,600 Travel.......................................................................................................................! 148,790 Motor Vehicle Equipment Purchases............................................................................................! 6,500 Publications and Printing.......................................................................................! 97,400 Equipment Purchases..............................................................................................! 99,380 Computer Charges..............................................................................................! 6,102,356 Real Estate Rentals ...............................................................................................$ 771,620 Telecommunications..............................................................................................! 343,038 Per Diem, Fees and Contracts........................................................................! 10,177,000 Postage.....................................................................................................................! 150,000 Medicaid Benefits...........................................................................................! 859,500,843 Payments to Counties for Mental Health...............................................................................................! 10,619,200 986 JOURNAL OF THE HOUSE, Audits Contracts.................................................................................................! 1,284,991 Total Funds Budgeted ...................................................................................$ 896,934,810 State Funds Budgeted....................................................................................$ 271,628,916 Total Positions Budgeted 274 Authorized Motor Vehicles 3 Medical Assistance Functional Budgets Pos. Total Funds Commissioner's Office 10 640,625 Program Management 86 12,667,243 Administration 37 2,767,253 Operations 53 7,895,748 Program Integrity 88 2,893,898 Benefits 0 870,120,043 Undistributed 0 (50,000) Total 274 ! 896,934,810 State Funds $ 320,313 1,927,803 1,571,679 2,132,185 1,252,977 264,443,587 (19.628) $ 271,628,916 Section 29. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Agency Assessments ................................................................................! 6,516,167 Departmental Operations Budget: Personal Services.................................................................................................$ 4,807,511 Regular Operating Expenses ................................................................................$ 107,327 Travel.........................................................................................................................$ 63,545 Motor Vehicle Equipment Purchases .....................................................................................................................$ -0- Publications and Printing....................................................................................-! 283,289 Equipment Purchases...........,..................................................................................$ 23,810 Computer Charges ..............................................................................................$ 1,553,842 Real Estate Rentals ...............................................................................................$ 685,737 Telecommunications..............................................................................................! 101,565 Per Diem, Fees and Contracts........................................................................! 25,412,724 Postage.....................................................................................................................! 143,360 Health Insurance Payments ..........................................................................$ 230.002,649 Total Funds Budgeted ...................................................................................$ 263,185,359 Agency Assessments...........................................................................................! 6,516,167 Employee and Employer Contributions ...............................................................................................$ 256,637,408 Deferred Compensation ..........................................................................................$ 31,784 Total Positions Budgeted 175 Authorized Motor Vehicles 0 Applicant Services Classification and Compensation Merit System Functional Budgets Pos. Total Funds 39 ! 1,790,595 19 794,013 State Funds $ -0- $ -0- FRIDAY, FEBRUARY 14, 1986 987 Program Evaluation and Audit Employee Training and Development Health Insurance Administration Health Insurance Claims Internal Administration Commissioner's Office Undistributed Total 13 $ 633,285 $ -0- 23 $ 952,253 ! -0- 36 $ 6,991,705 $ -0- 0 $ 249,412,619 $ -0- 37 $ 1,442,872 $ -0- 8 $ 1,168,017 $ -0- _0 $ ^ $ Q 175 $ 263,185,359 $ -0- Section 30. Department of Natural Resources. A. Budget Unit: Department of Natural Resources ..................................................................................................$ 61.888,957 Operations Budget: Personal Services...............................................................................................! 40,810,421 Regular Operating Expenses .............................................................................$ 8,055,370 Travel.......................................................................................................................! 455,990 Motor Vehicle Equipment Purchases..........................................................................................................! 1,108,243 Publications and Printing.....................................................................................! 489,743 Equipment Purchases.........................................................................................! 2,071,345 Computer Charges .................................................................................................$ 414,301 Real Estate Rentals ............................................................................................$ 1,179,033 Telecommunications..............................................................................................! 794,115 Per Diem, Fees and Contracts........................................................................-! 1,157,645 Postage.....................................................................................................................! 345,085 Land and Water Conservation Grants...............................................................................................................! 2,500,000 Recreation Grants..................................................................................................! 965,000 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.............................................................................................! 1,021,993 Capital Outlay Shop Stock - Parks............................................................................................! 300,000 Capital Outlay - Heritage Trust............................................................................! 75,000 Authority Lease Rentals....................................................................................! 1,238,000 Cost of Material for Resale...............................................................................! 1,042,500 Payments to Lake Lanier Islands Development Authority..................................................................................! 1,303,821 Contract - Special Olympics, Inc.........................................................................................................................! 206,000 Georgia Sports Hall of Fame .................................................................................$ 50,000 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition ......................................................................................$ 430,912 988 JOURNAL OF THE HOUSE, Capital Outlay - User Fee Enhancements - Parks ...................................................................................I 1,163,000 Capital Outlay - Buoy Maintenance..........................................................................................................$ 20,000 Capital Outlay - Consolidated Maintenance - Game and Fish.........................................................................$ 337,220 Technical Assistance Contract..................,..........................................................! 125,000 Capital Outlay .....................................................................................................$ 1,395,000 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............................................................................................-! 654,802 Advertising and Promotion ..................................................................................$ 100,000 Payment to Georgia Agricultural Exposition Authority .............................................................................................................$ 900,000 Historic Preservation Grant......................................................................................................................$ 40,000 Payment to Jekyll Island State Park Capital Outlay ....................................................................................................$ 300,000 Payment to Stone Mountain Memorial Association Capital Outlay ....................................................................................................$ 700,000 Environmental Facilities Grants.......................................................................! 8,000,000 Non-Game Wildlife Habitat Fund ........................................................................................................$ 25,000 Georgia Boxing Commission.....................................................................................! 4,150 Total Funds Budgeted .....................................................................................$ 80,368,689 Receipts from Jekyll Island State Park Authority...........................................................................................! 53,750 Receipts from Stone Mountain Memorial Association ........................................................................................$ 315,000 Indirect DOAS Funding........................................................................................! 200,000 State Funds Budgeted......................................................................................! 61,888,957 Total Positions Budgeted 1,285 Authorized Motor Vehicles 1,032 Department of Natural Resources Functional Budgets Pos. Total Funds State Funds Internal Administration 81 ! 7,929,553 ! 7,560,803 Game and Fish 479 $ 22,732,622 ! 19,456,342 Parks, Recreation and Historic Sites 383 $ 25,993,879 $ 14,673,177 Environmental Protection 316 $ 22,479,743 $ 19,030,743 Coastal Resources 26 ! 1,232,892 $ 1,167,892 Undistributed __0 $ -_f $ ;Ch Total 1,285 $ 80,368,689 $ 61,888,957 FRIDAY, FEBRUARY 14, 1986 989 B. Budget Unit: Authorities............................................................................................! Q Operations Budget: Personal Services.................................................................................................! 5,450,821 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.....................................................................................................! 2,100,000 Promotion Expense........................................................................................................! -0- Campground Sinking Fund..........................................................................................! -0- Payments to the Department of Natural Resources...........................................................................................! 53,750 Mortgage Payments.......................................................................................................! -0- Total Funds Budgeted .....................................................................................$ 11,624,571 State Funds Budgeted...................................................................................................! -0- Total Positions Budgeted 468 Authorized Motor Vehicles 100 Authorities Functional Budgets Pos. Total Funds Lake Lanier Islands Development Authority 64 $ 3,955,821 Jekyll Island State Park Authority 157 $ 6,068,750 Georgia Agricultural Exposition Authority 2 $ 900,000 Stone Mountain Memorial Association 245 $ 700,000 Total 468 $ 11,624,571 State Funds ! -0- $ -0- ! -0- $ ^ $ -0- Section 31. Department of Public Safety. A. Budget Unit: Department of Public Safety........................................................................................................$57,986,984 Operations Budget: Personal Services...............,...............................................................................! 43,042,404 Regular Operating Expenses .............................................................................$ 6,001,869 Travel.......................................................................................................................! 120,356 Motor Vehicle Equipment Purchases..........................................................................................................! 3,712,900 Publications and Printing.....................................................................................! 535,422 Equipment Purchases............................................................................................! 543,397 Computer Charges..............................................................................................! 2,746,029 Real Estate Rentals...................................................................................................! 8,508 Telecommunications..............................................................................................! 702,109 Per Diem, Fees and Contracts.............................................................................! 163,125 Postage.....................................................................................................................! 716,039 Conviction Reports................................................................................................! 218,016 990 JOURNAL OF THE HOUSE, State Patrol Posts Repairs and Maintenance ...........................................................,.....................$ 150,000 Driver License Processing..................................................................................-..! 929,977 Capital Outlay ..........................................................................................................$ 80,000 Total Funds Budgeted .............................,.......................................................$ 59,670,151 Indirect DOAS Service Funding.......................................................................? 1,650,000 State Funds Budgeted......................................................................................? 57,986,984 Total Positions Budgeted 1,492 Authorized Motor Vehicles 1,109 Public Safety Functional Budgets Pos. Total Funds State Funds Administration 170 $ 6,776,607 $ 6,776,607 Driver Services 342 $ 12,731,037 $ 11,197,870 Field Operations 980 $ 40,162,507 $ 40,012,507 Undistributed __0 $ ^t I :P_i Total 1,492 $ 59,670,151 $ 57,986,984 B. Budget Unit: Units Attached for Administrative Purposes Only ............................................................................................$ 6,865.170 Attached Units Budget: Personal Services.................................................................................................? 3,147,172 Regular Operating Expenses ................................................................................$ 703,063 Travel.......................................................................................................................? 119,750 Motor Vehicle Equipment Purchases.............................................................................................................? 131,400 Publications and Printing.......................................................................................? 45,450 Equipment Purchases............................................................................................? 139,350 Computer Charges.................................................................................................? 202,820 Real Estate Rentals ...............................................................................................$ 126,564 Telecommunications................................................................................................? 96,099 Per Diem, Fees and Contracts.............................................................................? 527,337 Postage.......................................................................................................................? 28,750 Peace Officers Training Grants........................................................................? 1,963,680 Highway Safety Grants ......................................................................................$_ 3,500,000 Total Funds Budgeted.....................................................................................? 10,731,435 State Funds Budgeted........................................................................................? 6,865,170 Total Positions Budgeted 111 Authorized Motor Vehicles 49 Attached Units Functional Budgets Pos. Total Funds Office of Highway Safety 8 ? 3,879,313 Georgia Peace Officers Standards and Training 26 ? 3,235,940 Police Academy 18 ? 1,219,955 Fire Academy 14 $ 835,292 State Funds ? 192,023 ? 3,224,145 ? 1,174,955 ? 747,296 FRIDAY, FEBRUARY 14, 1986 991 Georgia Firefighters Standards and Training Council Organized Crime Prevention Council Georgia Public Safety Training Facility Undistributed Total 5 $ 295,402 $ 295,402 3 $ 288,739 $ 288,739 37 $ 976,794 $ 942,610 _0 $ ^ $ ^ 111 $ 10,731,435 $ 6,865,170 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..............................................................................................! 6,936,332 Departmental Operations Budget: Personal Services.................................................................................................! 4,136,030 Regular Operating Expenses ................................................................................$ 225,616 Travel.......................................................................................................................$ 148,400 Motor Vehicle Equipment Purchases...................................................................! 66,405 Publications and Printing.......................................................................................! 23,375 Equipment Purchases..............................................................................................! 47,128 Computer Charges .................................................................................................$ 148,649 Real Estate Rentals ...............................................................................................$ 237,021 Telecommunications..............................................................................................! 106,850 Per Diem, Fees and Contracts..........................................................................! 2,152,500 Total Funds Budgeted .......................................................................................$ 7,291,974 State Funds Budgeted........................................................................................! 6,936,332 Total Positions Budgeted 133 Authorized Motor Vehicles 29 Administration Transportation Utilities Undistributed Total Public Service Commission Functional Budgets Pos. Total Funds State Funds 19 $ 1,048,809 ! 1,048,809 55 ! 2,058,290 $ 1,784,190 59 $ 4,184,875 $ 4,103,333 __0 ! ^ $ -J 133 ! 7,291,974 $ 6,936,332 Section 34. Regents, University System of Georgia. A. Budget Unit: Resident Instruction............................................................! 550,039,221 992 JOURNAL OF THE HOUSE, Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs......................................................................$ 573,896,875 Sponsored Operations...................................................................................$ 71,550,818 Operating Expenses: Educ., Gen., and Dept. Svcs. .....................................................................$ 151,001,309 Sponsored Operations...................................................................................! 76,135,060 Office of Minority Business Enterprise ...........................................................................................$ 338,902 Special Desegregation Programs..........................................................................! 322,487 Authority Lease Rentals ..................................................................................$ 15,582,666 Research Consortium..........................................................................................! 3,500,000 Eminent Scholars Program................................................................................$ 2,000,000 Total Funds Budgeted .................................................,.................................$ 894,328,117 Departmental Income.......................................................................................? 23,326,954 Sponsored Income........................................................................................-..! 147,685,878 Other Funds.........................,..........................................................................! 170,248,764 Indirect DOAS Services Funding.....................................................................! 3,027,300 State Funds Budgeted....................................................................................! 550,039,221 Total Positions Budgeted 17,496 B. Budget Unit: Regents Central Office and Other Organized Activities.................................................................................................! 128,083,935 Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs......................................................................! 151,855,364 Sponsored Operations...................................................................................! 46,997,452 Operating Expenses: Educ., Gen., and Dept. Svcs........................................................................$ 66,080,233 Sponsored Operations...................................................................................! 20,013,465 Fire Ant and Environmental Toxicology Research..........................................................................................! 249,308 Agricultural Research.........................................................................................! 1,366,003 Advanced Technology Development Center..........................................................................................! 874,054 Capitation Contracts for Family Practice Residency ............................................................................$ 2,267,000 Residency Capitation Grants ............................................................................$ 2,137,500 Student Preceptorships............................................,............................................! 158,000 Center for Rehabilitation Technology..........................................................................................................! 356,175 Capital Outlay - ETMH Renovations......................................................................................................! 3,300,000 SREB Payments..................................................................................................! 6,284,950 Medical Scholarships.............................................................................................! 587,000 Regents Opportunity Grants................................................................................! 600,000 Regents Scholarships.............................................................................................! 200,000 Grants to Junior Colleges..................................................................................! 6,520,444 Rental Payments to Georgia Military College..................................................................................................! 225,000 Total Funds Budgeted ...................................................................................$ 310,071,948 Departmental Income.........................................................................................! 1,810,817 Sponsored Income...........................................................................................,.! 67,010,917 Other Funds.....................................................................................................! 112,610,579 Indirect DOAS Services Funding........................................................................! 555,700 FRIDAY, FEBRUARY 14, 1986 993 State Funds Budgeted....... Total Positions Budgeted ..$ 128,083,935 6,164 Regents Central Office and Other Organized Activities Functional Budgets Pos. Total Funds SState Funds Marine Resources Extension Center 32 $ 1,516,646 $ 965,175 Skidaway Institute of Oceanography 38 $ 3,416,321 $ 1,254,017 Marine Institute 20 $ 1,058,560 $ 718,560 Georgia Tech Research Institute 528 $ 75,988,994 $ 8,645,935 Engineering Extension Division 113 $ 3,349,708 $ 1,792,114 Agricultural Experiment Station 906 $ 42,651,500 $ 27,200,855 Cooperative Extension Service 997 $ 40,713,488 $ 27,100,788 Eugene Talmadge Memorial Hospital 3,266 $ 109,795,557 $ 33,464,185 Veterinary Medicine Experiment Station 67 $ 2,503,551 $ 2,503,551 Veterinary Medicine Teaching Hospital 55 $ 1,980,769 $ 477,458 Family Practice Residency Program 6 $ 4,850,216 $ 4,850,216 Georgia Radiation Therapy Center 33 $ 1,354,897 $ 184,549 Athens and Tifton Veterinary Laboratories 2 $ 2,052,348 $ 87,139 Regents Central Office 101 $ 18,839,393 $ 18,839,393 Undistributed 0 $ -0- $ ifii Total 6,164 $ 310,071,948 $ 128,083,935 orgia Public ications Public Telecommunications Commission Budget: Personal Services: Educ., Gen., and Dept. Svcs..........................................................................$ 3,814,825 Operating Expenses: Educ., Gen., and Dept. Svcs..........................................................................$ 5,328,847 Total Funds Budgeted .......................................................................................$ 9,143,672 994 JOURNAL OF THE HOUSE, State Funds Budgeted........................................................................................$ 5,776,493 Total Positions Budgeted 149 Authorized Motor Vehicles 14 Section 35. Department of Revenue. Budget Unit: Department of Revenue ............................................................$_ 52,797,868 Operations Budget: Personal Services...............................................................................................? 33,115,680 Regular Operating Expenses .............................................................................$ 1,115,210 Travel....................................................................................................................? 1,326,398 Motor Vehicle Equipment Purchases...............................................................................................................? 45,700 Publications and Printing..................................................................................? 2,068,732 Equipment Purchases.........................................................................................? 1,187,363 Computer Charges..............................................................................................? 6,723,106 Real Estate Rentals............................................................................................? 1,753,806 Telecommunications..............................................................................................? 633,285 Per Diem, Fees and Contracts.............................................................................? 352,150 County Tax Officials/Retirement and FICA.......................,..................................................................................$ 1,644,000 Grants to Counties/Appraisal Staff................................,..................................................................................? 1,663,187 Motor Vehicle Tag Purchases...........................................................................? 2,272,600 Motor Vehicle Decal Purchases...........................................................................? 495,000 Postage..................................................................................................................? 2.246,651 Total Funds Budgeted.....................................................................................? 56,642,868 Indirect DOAS Services Funding.....................................................................? 3,845,000 State Funds Budgeted......................................................................................? 52,797,868 Total Positions Budgeted 1,231 Authorized Motor Vehicles 65 Department of Revenue Functional Budgets Pos. Total Funds Departmental Administration 48 ? 4,248,317 Internal Administration 78 ? 6,889,174 Electronic Data Processing 49 ? 2,488,904 Field Services 363 ? 11,363,154 Income Tax 148 ? 6,644,279 Motor Vehicle 253 ? 13,114,132 Central Audit 111 ? 4,539,527 Property Tax 56 ? 3,773,027 Sales Tax 125 ? 3,582,354 Undistributed __0 Total 1,231 ? 56,642,868 State Funds $ 4,248,317 ? 6,789,178 2,488,904 11,273,154 5,244,287 11,059,132 4,539,527 3,773,027 3,382,342 -0- 52,797,868 Section 36. Secretary of State. A. Budget Unit: Secretary of State...................................................................?. 16,668,795 Personal Services...............................................................................................? 10,443,508 FRIDAY, FEBRUARY 14, 1986 995 Regular Operating Expenses .............................................................................$ 1,427,788 Travel.......................................................................................................................$ 196,350 Motor Vehicle Equipment Purchases.............................................................................................................! 101,800 Publications and Printing.....................................................................................! 358,316 Equipment Purchases............................................................................................! 175,745 Computer Charges.................................................................................................! 657,959 Real Estate Rentals ............................................................................................$ 1,814,119 Telecommunications..............................................................................................! 291,200 Per Diem, Fees and Contracts.............................................................................! 441,700 Election Expenses..................................................................................................! 500,000 Postage.....................................................................................................................! 320,410 Total Funds Budgeted .....................................................................................! 16,728,895 State Funds Budgeted......................................................................................! 16,668,795 Total Positions Budgeted 375 Authorized Motor Vehicles 74 Secretary of State Functional Budgets Pos. Total Funds Internal Administration 58 ! 2,473,115 Archives and Records 86 ! 3,877,225 Corporations Regulation 44 ! 1,503,244 Elections and Campaign Disclosure 14 ! 1,216,999 Securities Regulation 23 ! 1,003,557 Drugs and Narcotics 15 ! 654,948 State Campaign and Financial Disclosure 3 ! 138,697 Occupational Certification 132 ! 5,861,110 Undistributed 0 J> -0- Total 375 ! 16,728,895 State Funds $ 2,471,015 $ 3,827,225 $ 1,501,244 $ 1,216,999 $ 997,557 $ 654,948 $ 138,697 ! 5,861,110 $ -0; ! 16,668,795 Occupational Certification Functional Budgets Accounting Architect Athletic Trainers Auctioneers Barbers Chiropractic Construction Industry Board Costs 184,908 47,942 I,242 6,242 II,473 11,095 54,563 Cost of Operations 341,315 118,563 3,043 31,275 140,719 105,883 327,706 996 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 Used Car Parts Veterinary Wastewater Well Water Total JOURNAL OF THE HOUSE, $ 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 $ 9,523 $ 35,027 $ 4,932 I 4,606 $ 1,099,409 $ 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 $ 34,301 $ 95,266 $ 107,713 $ 13,541 $ 6,220,977 FRIDAY, FEBRUARY 14, 1986 997 B. Budget Unit: Real Estate Commission .........................................................$_ 1,182,779 Real Estate Commission Budget: Personal Services....................................................................................................$ 685,741 Regular Operating Expenses ................................................................................I 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...............................................................................! 94,000 Total Funds Budgeted .......................................................................................$ 1,182,779 State Funds Budgeted........................................................................................? 1,182,779 Total Positions Budgeted 28 Authorized Motor Vehicles 12 Real Estate Commission Functional Budget Real Estate Commission Pos. State Funds 28 $ 1,182,779 Cost of Operations $ 1,223,229 Section 37. Georgia Student Finance Commission. Budget Unit: Georgia Student Finance Commission .............................................................................$ 16,593,641 Administration Budget: Personal Services.................................................................................................! 2,727,947 Regular Operating Expenses ................................................................................$ 185,120 Travel.........................................................................................................................$ 52,000 Motor Vehicle Equipment Purchases................................................................................................$ -0- Publications and Printing.......................................................................................! 78,654 Equipment Purchases..............................................................................................! 12,775 Computer Charges .........................................................,.......................................$ 910,926 Telecommunications................................................................................................! 84,590 Per Diem, Fees and Contracts...............................................................................! 41,500 Payment of Interest and Fees..............................................................................! 430,000 Guaranteed Educational Loans ........................................................................$ 3,113,550 Tuition Equalization Grants ...........................................................................$ 10,700,000 Student Incentive Grants ..................................................................................$ 4,443,122 Law Enforcement Personnel Dependents' Grants .............................................................................................$ 35,000 North Georgia College ROTC Grants......................................................................................................! 111,000 Osteopathic Medical Loans ..................................................................................$ 162,400 Georgia Military Scholarship Grants..................................................................................................................! 140,500 Academic Scholarships.................................................................................................-! -0- Total Funds Budgeted .....................................................................................$ 23,229,084 State Funds Budgeted......................................................................................! 16,593,641 Total Positions Budgeted 105 Authorized Motor Vehicles 1 Georgia Student Finance Commission Functional Budgets Pos. Total Funds State Funds Internal Administration 105 ! 4,093,512 $ -0- 998 JOURNAL OF THE HOUSE, Higher Education Assistance Corporation Georgia Student Finance Authority Undistributed Total 0 $ 430,000 $ 205,000 0 $ 18,705,572 ? 16,388,641 __0 $ ^ $ ^ 105 $ 23,229,084 $ 16,593,641 Section 38. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee...........................................................................? 908,944 Soil and Water Conservation Central Office Budget: Personal Services....................................................................................................! 599,139 Regular Operating Expenses ..................................................................................$ 56,380 Travel.........................................................................................................................$ 52,212 Motor Vehicle Equipment Purchases .........................................................................$ -0- Publications and Printing.......................................................................................? 21,670 Equipment Purchases................................................................................................? 2,620 Computer Charges.....................................................................................................? 3,000 Real Estate Rentals .................................................................................................$ 32,867 Telecommunications................................................................................................? 17,970 Per Diem, Fees and Contracts.............................................................................? 123,086 Total Funds Budgeted ..........................................................................................$ 908,944 State Funds Budgeted...........................................................................................? 908,944 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.................................................................................................? 1,967,069 Regular Operating Expenses ..................................................................................$ 74,400 Travel.........................................................................................................................? 24,000 Motor Vehicle Equipment Purchases.........................................................................? -0- Publications 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 Cost-of-Living Increases for Local Retirement System Members.............................................................? 1,630,000 Floor Fund for Local Retirement Systems........................................................................................? 1.168,000 Total Funds Budgeted ..............,..............................,.........................................? 6,223,551 State Funds Budgeted........................................................................................? 2,798,000 Total Positions Budgeted 67 Authorized Motor Vehicles 1 Section 40. Department of Transportation. Budget Unit: Department of Transportation.....................................................................................? 454,503,256 FRIDAY, FEBRUARY 14, 1986 999 For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget: Personal Services.............................................................................................! 159,459,089 Regular Operating Expenses ...........................................................................$ 46,179,642 Travel....................................................................................................................! 1,633,112 Motor Vehicle Equipment Purchases..........................................................................................................! 1,000,000 Publications and Printing.....................................................................................! 825,147 Equipment Purchases.........................................................................................! 2,442,058 Computer Charges..............................................................................................! 2,362,670 Real Estate Rentals ............................................................................................$ 1,086,778 Telecommunications...........................................................................................! 1,722,399 Per Diem, Fees and Contracts..........................................................................! 8,991,102 Capital Outlay.................................................................................................! 584,950,487 Grants to Counties..............................................................................................! 9,317,013 Authority Lease Rentals ..................................................................................$ 12,145,821 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......................................................................! 1,368,000 Mass Transit Grants...........................................................................................! 8,796,429 Savannah Harbor Maintenance Payments.............................................................................................................! 630,000 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction.......................................................................................! 3,000,000 Fall Line Freeway and Golden Isles Parkway...................................................................................................! 1,500,000 Total Funds Budgeted ...................................................................................$ 861,455,253 State Funds Budgeted....................................................................................! 454,503,256 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 2,998 $ 601,405,151 $ 213,263,028 Maintenance and Betterments 3,547 $ 173,112,701 $ 167,527,881 Facilities and Equipment 0 ! 4,608,247 ! 3,408,247 Assistance to Counties 0 $ 9,317,013 $ 9,317,013 Administration 362 $ 31,121,907 $ 30,671,907 Undistributed __0 ! Q $ :0; Total 6,907 $ 819,565,019 $ 424,188,076 1000 JOURNAL OF THE HOUSE, General Funds Budget Grants to Municipalities Paving at State and Local Schools and State Institutions Paving at State Parks and Historic Sites Air Transportation Inter-Modal Transfer Facilities Harbor Maintenance Facilities Fall Line Freeway and Golden Isles Parkway Planning and Construction Local Assistance Road Program Total 0 $ 9,317,000 $ 9,317,000 0 $ 848,500 $ 848,500 0 $ 500,000 $ 500,000 16 $ 1,347,153 $ 957,153 23 $ 13,147,581 $ 4,962,527 0 $ 3,630,000 $ 630,000 0 $ 1,500,000 $ 1,500,000 0 $ 1,600,000 $ 1,600,000 _0 $ 10,000,000 $ 10,000,000 39 $ 41,890,234 $ 30,315,180 Section 41. Department of Veterans Service. Budget Unit: Department of Veterans Service .....................................................................................................$ 15,051,960 Departmental Operations Budget: Personal Services.................................................................................................! 3,744,585 Regular Operating Expenses ..................................................................................$ 56,290 Travel.........................................................................................................................$ 82,000 Motor Vehicle Equipment Purchases.....................................................................................................................! -0- Publications and Printing.......................................................................................! 21,000 Equipment Purchases..............................................................................................! 71,964 Computer Charges..........................................................................................................! -0- Real Estate Rentals ...............................................................................................$ 194,766 Telecommunications................................................................................................! 56,500 Per Diem, Fees and Contracts.................................................................................! 9,360 Capital Outlay................................................................................................................! -0- Postage.......................................................................................................................! 32,500 Operating Expense/Payments to Central State Hospital...................................................................................! 8,662,847 Operating Expense/Payments to Medical College of Georgia............................................................................! 4,606,408 Regular Operating Expenses for Projects and Insurance................................................................................! 716,980 Total Funds Budgeted .....................................................................................$ 18,255,200 State Funds Budgeted......................................................................................! 15,051,960 Total Positions Budgeted 141 Authorized Motor Vehicles 1 Veterans Assistance Veterans Service Functional Budgets Pos. Total Funds 141 ! 4,206,541 State Funds ! 3,945,850 FRIDAY, FEBRUARY 14, 1986 1001 Veterans Home and Nursing Facility Milledgeville Veterans Nursing Home - Augusta Undistributed Total 0 $ 8,713,552 $ 6,887,352 0 $ 4,778,907 $ 3,662,558 0 $ 556,200 $ 556,200 141 $ 18,255,200 $ 15,051,960 Section 42. Workers' Compensation Board. Budget Unit: Workers' Compensation Board.........................................................................................................$ 5,747,923 Operations Budget: Personal Services.................................................................................................$ 4,426,252 Regular Operating Expenses ................................................................................$ 121,052 Travel.........................................................................................................................$ 57,000 Motor Vehicle Equipment Purchases .........................................................................$ -0- Publications and Printing.......................................................................................? 85,400 Equipment Purchases..............................................................................................! 15,350 Computer Charges .................................................................................................$ 245,292 Real Estate Rentals ...............................................................................................$ 491,792 Telecommunications ................................................................................................$ 82,485 Per Diem, Fees and Contracts .............................................................................$ 178,300 Postage.......................................................................................................................! 80,000 Total Funds Budgeted .......................................................................................$ 5,782,923 State Funds Budgeted........................................................................................! 5,747,923 Total Positions Budgeted 146 Authorized Motor Vehicles 1 Workers' Compensation Board Functional Budgets Pos. Total Funds State Funds Administration 129 $ 5,248,951 $ 5,213,951 Vocational Rehabilitation 17 $ 533,972 $ 533,972 Undistributed __0 $ Q. $ ^ Total 146 $ 5,782,923 $ 5,747,923 Section 43. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) ..........................................................................$ 189,169,521 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) ...............................................................................$ 20.662,250 Section 44. Provisions Relative to Section 3, Supreme Court. The appropria tions 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 oper ation of the National Center for State Courts. 1002 JOURNAL OF THE HOUSE, Section 45. Provisions Relative to Section 4, Court of Appeals. The appropria tions 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 appropria tions 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 appro priated in Section 5, $20,000 is designated and committed to permit Judges with fewer than five years of experience to attend the Judicial College. Section 47. Provisions Relative to Section 6, Juvenile Courts. The appropria tions in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4. Section 48. Provisions Relative to Section 7, Institute of Continuing Judicial Education. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132. Section 49. Provisions Relative to Section 8, Judicial Council. The appropria tions in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council. Section 50. Provisions Relative to Section 10, Department of Administrative Services. Income to the Department of Administrative Services from user agencies shall not exceed the amounts listed below for each service activity except to provide general salary increases authorized for all State employees, or unless there is a corresponding fund availability, with prior budgetary approval, in the appropriate object class or classes of user agency or agencies for which the Department provides service: General Services.........................................................................................................$ 512,821 Data Processing Services .....................................................................................$ 45,501,134 Motor Vehicle Services ................................................................,.........................$ 2,267,469 Communication Services......................................................................................! 34,007,611 Printing Services.....................................................................................................! 4,578,652 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, $60,000 is designated and committed for livestock shows relating to research and promoting; $10,000 is designated and committed for poultry shows relating FRIDAY, FEBRUARY 14, 1986 1003 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 $18,601,401 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, how ever, 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 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. 1004 JOURNAL OF THE HOUSE, 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 Per sonal 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 Edu cation) 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 instruc tional 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 sal aries 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 Edu cation) 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 Edu cation) 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. None of the State funds appropriated in Section 16 may be used for the purpose of renovating the Area Vocational Technical Schools unless said school agrees to be governed by the State Board of Postsecondary Vocational Education. The Board of Postsecondary Vocational Education is hereby directed to develop plans for a postsecondary vocational education facility at Georgia Southern College in Statesboro, Georgia. The Board of Postsecondary Vocational Education is hereby directed to complete a feasibility study regarding the need of a postsecondary vocational education facility in Lib erty County. Section 53. Provisions Relative to Section 17, Employees' Retirement System. The Employees' Retirement System is authorized to increase the employer con tribution rate by forty-five one-hundredths of one percent of salaries to fund one and onehalf per cent cost of living increases on July 1, 1985, and January 1, 1986, and to fund continuation of increases provided on January 1 and July 1 of 1984, and January 1, 1985. Section 54. 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 55. Provisions Relative to Section 21, Office of the Governor. There is hereby appropriated a General Emergency Fund for meeting expenses deemed emer gencies by the Governor and to be expended by the Governor at his discretion in any emergency that he may determine requires expenditure of any part of said Fund. Expendi tures from this Fund shall be made in accordance with other provisions of State law and the Constitution. FRIDAY, FEBRUARY 14, 1986 1005 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. Section 56. 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 metropol itan Atlanta area and to operate a hemophilia program in Augusta; further, $250,000 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 70% of the standards of need, effective April 1, 1986; 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 Need Maximum Monthly Amount 1 $ 202 $ 141 2 306 214 3 366 256 4 432 302 5 494 346 6 536 375 7 580 406 8 616 431 9 648 454 10 694 486 11 742 519 Provided that of the above appropriations relating to Regional Grants for Intensive Infant Care, the distribution of funds to the tertiary hospitals shall be on the basis of need and performance equally. Provided, that of the above appropriation, the Department of Human Resources is authorized to use foster care benefits funds, not to exceed $175,000, in a pilot area of the State to purchase alternative in-home services to prevent the need for removing a child from his or her home. The costs of such services shall not exceed 80% of the room and board costs that would be incurred otherwise. From the appropriation in Section 23 (Department of Human Resources), $146,000 is designated and committed to operate the RCW Industries, Inc. Provided, that of the above appropriation relating to Computer Charges, the Depart ment is authorized to utilize up to $31,197 from existing funds for the purpose of purchas ing personal computers for Financial Services and Budget Services. From the appropriation in Section 23, the Department of Human Resources is author ized 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 1006 JOURNAL OF THE HOUSE, of persons with cystic fibrosis over the age of 21. Funds shall be expended for those per sons qualifying who are not otherwise covered by any other private or publicly funded pro gram 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 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 pro grams not be expanded to levels which such increased Federal funding would not be suffi cient to sustain in subsequent years. From the appropriation in Section 23 (Department of Human Resources), not less than $156,000 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 treat ment 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 foster children over age twelve, 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 eli gible to receive services. It is the intent of this General Assembly that no money designated for Mental Retarda tion programs be used in any manner in connection with the statewide alcohol and drug treatment services plan. All Federal funds received for alcohol and drug abuse treatment above the amounts contemplated in this Act shall be used to implement an alcohol and drug treatment services program in Middle Georgia. From the appropriation in Section 23 (Department of Human Resources) relating to Community Mental Health Centers, agency income, excluding Federal grants where pro hibited, 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 $406, 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 pri vate home providers for services in the home and/or to provide small group residences for FRIDAY, FEBRUARY 14, 1986 1007 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 con tinuing 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. Section 57. Provisions Relative to Section 24, Department of Industry and Trade. From the appropriation in Section 24 (Department of Industry and Trade) rela tive 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 58. Provisions Relative to Section 26, 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 59. Provisions Relative to Section 28, 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. Provided, that of the appropriation in Section 28, no funds for the payment of Medicaid Benefits may be expended for the purpose of reimbursing return-on-equity for hospitals. Section 60. Provisions Relative to Section 29, Merit System of Personnel Administration. The employer contribution paid by the State for Teachers' Health Insurance shall be for State-allotted teachers and the base for this payment shall be the eligible salary for teachers according to the Teacher Salary Index, before the assignment of Required Local Effort. The Department is authorized to assess no more than $116.81 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 61. Provisions Relative to Section 30, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 30 (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 30. 1008 JOURNAL OF THE HOUSE, From the appropriation in Section 30 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize 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 30, 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. Provided, further, of the funds appropriated to the Department of Natural Resources, $200,000 is designated and committed for the purpose of planning a recreational facility at Sandy Creek on Lake Walter F. George. Provided, however, the Department of Natural Resources is authorized to support and promote local and statewide tourism at designated historic sites from funds included in the above appropriation. Section 62. Provisions Relative to Section 14, Department of Corrections. Funds appropriated for county subsidy may be used either to supplement or supplant county funds, at the option of each county. From the appropriation in Section 14 (Department of Corrections) 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 63. 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 other wise 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 con tracts by December 1 of such fiscal year. Section 64. 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. FRIDAY, FEBRUARY 14, 1986 1009 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 gener ating such income. The 1 '/2";. Personal Services continuation factor incorporated into the Resident Instruction appropriation in Section 34 (Regents, University System of Georgia) shall be utilized to provide 2 !/2 % 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 $850 per EFT student, and 50 quarter credit hours shall be used in the calculation of an equivalent fulltime student. Section 65. 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 for the production of at least 1,120,000 motor vehicle tags and may be used for partial, advance payment during tag production. Section 66. 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 67. 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 Depart ment of Administrative Services. Grants to Counties for aid in county road construction and maintenance shall be distrib uted 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 mile age bears to the total public road mileage in the State, as such mileage information is fur nished 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. 1010 JOURNAL OF THE HOUSE, 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 pay able 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. State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia. Of the above appropriation $975,000 is designated and committed for preliminary engi neering, location, environmental and traffic studies, and mapping for the Fall Line Free way, a multi-lane highway originating at Columbus and ending at Augusta. A route between Macon and Perry and a route through, or by way of, Macon shall be studied. Of the above appropriation $525,000 is designated and committed for preliminary engi neering, location, environmental and traffic studies, and mapping for the Golden Isles Parkway, from 1-75 along U.S. 341 to 1-95. This Appropriation Bill authorized $82 million in 5 year General Obligation Bonds for construction of various projects on the State Highway system that were prefinanced by the Department of Transportation. The funds that were used to prefinance the projects that will be funded by the bond funds are appropriated for the construction of four-lane high way segments in designated growth areas and for the Savannah Harbor Project as follows: Corridor Z and Appalachian Highway $40 million Other Routes 40 million Savannah Harbor Widening Project 2 million ($2 million in General Funds for LARP Projects will be used for the Savannah Harbor widening and will be replaced by funds that were used to prefinance the projects) Provided, however, the Department of Transportation is authorized to utilize up to $5,000,000 of available funds for the purpose of financing railroad relocation projects approved by the Department. Section 68. Provisions Relative to Section 41, Department of Veterans Service. From the appropriation in Section 41 (Department of Veterans Service), the Department of Veterans Service is authorized to utilize up to $280,000 of operating funds to match Federal funding if it becomes available to design a veterans nursing home in Georgia. Section 69. 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 $6,246,629 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 ($6,111,629 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 Adminis trative Services from agency fund collections. FRIDAY, FEBRUARY 14, 1986 1011 Section 70. 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 71. Each State agency utilizing xerographic reproducing equipment shall main tain 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 72. Each and every agency, board, commission, and authority receiving appro priations 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 provi sions 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 specifi cally 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 Assem bly. Section 73. 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. Section 74. 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 Appropria tions Act. Section 75. 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 76. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds. Section 77. 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 1012 JOURNAL OF THE HOUSE, available for their use, including but not limited to the Georgia Interactive Statewide Tele communications Network either directly or indirectly. Section 78. 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 insti tution 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 79. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly at the 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 whatso ever 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 trans fers. 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 Appropria tions 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 of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allo cation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers. Section 80. 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 expendi tures 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 81. For the purposes of this Act, FRIDAY, FEBRUARY 14, 1986 1013 (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 82. 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 83. The Office of Planning and Budget is hereby directed to economize wher ever 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 84. Cost-of-Living Increases. This General Assembly has distributed to and included in the agency appropriations listed hereinbefore State Funds in the amount of $238,582,477 for S.F.Y. 1986. Section 85. Provisions Relative to Section 43, State of Georgia General Obligation Debt Sinking Fund. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $20,500,000 is specifically appropriated for the purpose of financing a highway construction program of the Depart ment of Transportation by means of the acquisition, construction, development, extension, enlargement, improvement, reconstruction and resurfacing of land, waters, property, high ways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $82,000,000 in prin cipal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $162,250 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement, and improve ment of land, property, buildings, structures, equipment, and facilities of the Board of Regents of the University System of Georgia, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,475,000 in principal amount of General Obligation Debt." Section 2. Said Act is further amended by striking Section 93 in its entirety and by inserting in lieu thereof a new Section 93 to read as follows: "Section 93. TOTAL STATE FUND APPROPRIATIONS State F.Y. 1986..............................................................................................$ 5,225,947,058." Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. 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 1259. 1014 JOURNAL OF THE HOUSE, 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 and Resolutions of the House and Senate were taken up for consideration and read the third time: HB 1445. By Representatives Isakson of the 21st and Williams of the 6th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxes, so as to exempt from such tax the sale of oxygen when prescribed by a physician. 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 Adama.G Y Adams.M N Aiken Y Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Bailey Y Balkcom Y Bannister Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Birdsong Y Bishop Y Bolster Y Bostick Branch YBray Y Brooks Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Cheeks N 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 YDean Y Dixon YDobbs Y Dover Y Dunn Y Edwards Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Manner Y Harris 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 N Johnson.F Y Johnson.R Y Johnson,S Kilgore Y Kingston YLane.D Y Lane,R Y Lawler Y Lawrence Y Lawson Y Lee.C YLee.W Y Linder Logan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin,C Y Martin,J Y Matthews N McDonald Y McKelvey Y McKinney Milam Y Milford Moody Y Moore Y Morton Y Mostiler Moultrie Mueller Y Oliver.C Y Padgett Y Pannell Parham Y Parrish Patten Peters Pettit Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay 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 Smith.P Y Smith.T Y 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 Ware Y Watson Y Watts White Y Wilder Williams.B 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 133, nays 4. The bill, having received the requisite constitutional majority, was passed. HB 1653. By Representative Burruss of the 20th: A bill to repeal Chapter 7 of Title 20 of the Official Code of Georgia Anno tated, relating to the Legislative Educational Research Council, so as to abol ish said council. FRIDAY, FEBRUARY 14, 1986 1015 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 Aiken Y Alford Alien Y Anderson Argo Y Athon Y Atkins Y Auten Y Bailey Balkcom Bannister Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield YBenn Birdsong Y Bishop Y Bolster Y Bostick Branch YBray Brooks Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Cheeks Y Childers Y Childs Y Clark.B Y Clark.L Colbert Y 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 Felton Y Floyd Y Foster YGaler God bee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Manner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb 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 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 Maddo* Y Mangum Martin.C Y Martin,J Y Matthews McDonald Y McKelvey McKinney Y Milam Y Milford Moody Y Moore Y Morton Y Mostiler Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Peters Pettit Y Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V YRandall 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 Smith.L Smith.P Y Smith.T Y 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 YWall Ware Y 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 134, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1283. By Representatives Walker of the 115th and Chambless of the 133rd: A bill to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public in general, so as to change the requirements for performance of notarial acts; to specify the manner of endorsement of an application for a notary commission. The following Committee substitute was read and adopted: A BILL To amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Anno tated, relating to notaries public in general, so as to change the requirements for perfor mance of notarial acts and certifications; to specify the manner of endorsement of an application for a notary commission; to correct clerical errors; to define terms used in said article; to provide that failure to include a seal on a notarial certificate on a document exe cuted prior to July 1, 1986, shall not affect the eligibility for recording of documents and shall not affect the status of such documents as actual notice or record notice; to specify the powers and duties of notaries; to provide for subscription of attachment and garnish ment and dispossessory affidavits; to provide that certain requirements for the completion 1016 JOURNAL OF THE HOUSE, of notarial certifications shall not apply to the attestation or witnessing of a deed; to pro vide that past or future failure to comply with certain requirements for the completion of notarial certifications on documents executed prior to July 1, 1986, shall not affect the eligibility of a document for recording and shall not affect the status of a document as record notice or actual notice; to provide grounds for revocation or nonrenewal of commis sions of notaries; to provide for all related matters; to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory warrants, so as to provide that an affidavit made in a dispossessory proceeding may be made before a notary public subject to judicial approval; to provide for an effective date and for appli cability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Anno tated, relating to notaries public in general, is amended by striking Code Section 45-17-1, relating to power to appoint notaries, and inserting in its place new Code Sections 45-17-1 and 45-17-1.1 to read as follows: "45-17-1. As used in this article, the term: (1) 'Attesting' and 'attestation' are synonymous and mean the notarial act of witnessing or attesting a signature or execution of a deed or other written instrument, where such notarial act does not involve the taking of an acknowledgement, the administering of an oath or affirmation, the taking of a verification, or the certifi cation of a copy. (2) 'Notarial act' means any act that a notary public is authorized by law to per form and includes, without limitation, attestation, the taking of an acknowledgement, the administration of an oath or affirmation, the taking of a verification upon an oath or affirmation, and the certification of a copy. (3) 'Notarial certificate' means the notary's documentation of a notarial act. 45-17-1.1. The power to appoint notaries public is vested in the clerks of the superior courts and may be exercised by them at any time." Section 2. Said article is further amended by striking Code Section 45-17-2, relating to qualifications of notaries, and inserting in its place a new Code section to read as fol lows: "45-17-2. (a) Any individual applying for appointment to be a notary public must be: (1) At least 18 years old; (2) A resident of this state; (3) A resident of the county from which such individual is appointed; and (4) Able to read and write the English language. (b) The qualifications of paragraphs (2) and (3) and {4} of subsection (a) of this Code section shall not apply to any individual applying for appointment as a notary public under the provisions of Code Section 45-17-7." Section 3. Said article is further amended by striking paragraph (1) of subsection (b) of Code Section 45-17-2.1, relating to applications for appointment as a notary, and insert ing in its place a new paragraph to read as follows: "(1) Endorsements from two persons who are not relatives of the applicant, who are at least 21 (18) years old, and who reside in the county in which the individual makes application. The endorsement shall be in the following form: 1, (name of endorser), being 21 18 years of age or older and a resident of (name of county) , believe the applicant lor a notary public commission, (name of appli cant) , who is not related to myself, to be a person of integrity, good moral char acter, and capable of performing notarial acts. (signature of endorser) (date) FRIDAY, FEBRUARY 14, 1986 1017 Section 4. Said article is further amended by striking subsection (a) of Code Section 45-17-6, relating to seals of notaries, and inserting in its place a new subsection to read as follows: "(a) (1) For the authentication of his notarial acts each notary public must provide a seal of office, which seal shall have for its impression his name, the words 'Notary Public,' the name of the state, and the county of his residence; or it shall have for its impression his name and the words 'Notary Public, Georgia, State at Large.' Nota ries commissioned or renewing their commission after July 1, 1985, shall provide a seal of office which shall have for its impression the notary's name, the words 'Notary Public," the name of the state, and the county of his appointment. The embossment of documents notarial certificates by the notary's seal shall be authorized but not necessary, and the use of a rubber or other type stamp shall be sufficient for imprint ing the notary's seal. A scrawl shall not be a sufficient notary seal. An official notarial act must contain be documented by the notary's seal. (2) No document executed prior to July 1^ 1986, which would otherwise be eligible for recording in the deed records maintained by any clerk of superior court or consti tute record notice or actual notice of any matter to any person shall be ineligible for recording or fail to constitute such notice because of noncompliance with the require ment that the document contain a notary seal." Section 5. Said article is further amended by striking subsection (a) of Code Section 45-17-8, relating to powers and duties of notaries, and inserting in its place a new subsec tion to read as follows: "(a) Notaries public shall have authority to: (1) Witness or attest signature or execution of deeds and other written instru ments; (2) Take acknowledgements; 42) (3) Administer oaths and affirmations in all matters incidental to their duties as commercial officers and all other oaths and affirmations which are not by law required to be administered by a particular officer; (3) (4) Witness affidavits upon oath or affirmation; and (5) Take verifications upon oath or affirmation; {4} (6) Make certified copies^ provided that the document presented for copying is an original document and is neither a public record nor a publicly recorded document certified copies of which are available from an official source other than a notary and provided that the document was photocopied under supervision of the notary] and (7) Perform such other acts as they are authorized to perform by other laws of this state." Section 6. Said Act is further amended by striking subsection (d) of said Code Section 45-17-8 and inserting in its place a new subsection to read as follows: "(d) A notary public shall not execute a notarial certificate containing a statement known by the notary to be false nor perform any action with an intent to deceive or defraud." Section 7. Said article is further amended by striking Code Section 45-17-8.1, relat ing to completion of notarial certifications, and inserting in its place a new Code section to read as follows: "45-17-8.1. (a) At the completion of Except as otherwise provided in this Code section, in documenting a notarial act, a notary public shall sign on the notarial certifi cation, by hand in indelible ink, only and exactly the name indicated on the notary's commission and shall record on the notarial certification the exact date of execution fey the notary the notarial act. (b) The requirement of subsection (a) of this Code section for recording of the date of the notarial act shall not apply to an attestation of deeds. (c) No document executed prior to July jj 1986, which would otherwise be eligible for recording in the deed records maintained by any clerk of superior court or constitute record notice or actual notice of any matter to any person shall fail to constitute such 1018 JOURNAL OF THE HOUSE, notice because of noncompliance with the requirements of subsection (a) of this Code section." Section 8. Said article is further amended by striking Code Section 45-17-10, relat ing to authority of notaries with respect to attachments and garnishments, and inserting in its place a new Code section to read as follows: "45-17-10. It shall not be lawful for notaries public to issue attachments or garnish ments to subscribe affidavits or approve bonds for the purpose of issuing attachments or garnishmentSj or to issue a summons in a dispossessory case; but a notary may attest an affidavit in an attachment, garnishment, or dispossessory action; provided, however, no writ or summons in said matter shall issue without first having judicial approval as provided by law." Section 9. Said article is further amended by striking subsection (a) of Code Section 45-17-15, relating to revocation and nonrenewal of commissions of notaries, and inserting in its place a new subsection to read as follows: "(a) The appointing clerk of superior court may by letter, with a copy to the Secre tary of State, revoke the commission or deny the reappointment of any notary public who: (1) Violates any provision of this chapter; and, without limiting the generality of the foregoing, failure of a notary to comply with the requirements of paragraph (1) of subsection (a) of Code Section 45-17-6, relating to seals and their use, or with Code Section 45-17-8.1, relating to manner of completion of notarial certifications, is expressly declared to be a violation for which a commission may be revoked or reap pointment denied; (2) Performs any notarial act in violation of Code Section 45-17-8; (3) Is found to have submitted an application or endorsement for a notarial commission containing substantial and significant misstatement or omission of fact; (4) Ceases to reside or work or have a business in this state; or (5) Becomes incapable of reading and writing the English language." Section 10. Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Anno tated, relating to dispossessory warrants, is amended by striking Code Section 44-7-50, relating to demand for possession and procedure upon tenant's refusal, in its entirety and inserting in lieu thereof a new Code Section 44-7-50 to read as follows: "44-7-50. In all cases where a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to him or fails to pay the rent when it becomes due and in all cases where lands or tenements are held and occupied by any tenant at will or sufferance, whether under contract of rent or not, when the owner of the lands or tenements desires possession of the lands or tenements, the owner may, by himself, his agent, his attorney in fact, or his attorney at law, demand the pos session of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded, the owner, his agent, his attorney at law, or his attorney in fact may go before the judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a magistrate in the district where the land lies and make an affidavit under oath to the facts. The affidavit may likewise be made before a notary public, subject to the same requirements for judi cial approval specified in Code Section 18-4-61, relating to garnishment affidavits." Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. It is expressly declared that the curative provisions of paragraph (2) of subsection (a) of Code Section 45-17-6 and of subsection (c) of Code Section 45-17-8.1, as enacted by this Act, are intended to have retroactive applica tion except to the extent that such retroactive application would unconstitutionally impair any vested right. Section 12. All laws and parts of laws in conflict with this Act are repealed. FRIDAY, FEBRUARY 14, 1986 1019 The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Y Adams,G Y Adams.M Aiken Y Alford Y Alien Y Anderson Argo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield YBenn Birdsong N Bishop Bolster Y Bostick Branch YBray Y Brooks Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Chance Cheeks Y Childers Y Childs Y Clark,B Y Clark.L Y Colbert Y Coleman Colwell Connell Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Diion Y Dobbs Y Dover Y Dunn Y Edwards Felton Y Floyd Y Foster Y Galer Y Godbee YGoodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Harris 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 Y Lane.D Y Lane.R Lawler Lawrence Y Lawson YLee.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 Y McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Peters Y Pettit Y Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V NRandall Y Ransom YRay 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.P Y Smith.T Y Smyre Y Stancil Y Steinberg Y Thomas.C 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 Y Workman Y Yeargin N Young Murphy.Spkr On the passage of the Bill, by substitute, the ayes were 142, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute. HR 461. By Representatives Cox of the 141st, Banner of the 131st, Bargeron of the 108th, Long of the 142nd, Sherrod of the 143rd and others: A resolution deploring the decisions of the three-judge panels of the Eleventh U.S. Circuit Court of Appeals relative to the ordering of new trials for Carl Isaacs, George Dungee, and Wayne Coleman. The following substitute, offered by Representative Cox of the 141st, was read and adopted: A RESOLUTION Deploring the decision of the Eleventh U. S. Circuit Court of Appeals relative to the ordering of new trials for Carl Isaacs, George Dungee, and Wayne Coleman and requesting that the United States Supreme Court reverse such decision; and for other purposes. WHEREAS, the slayings of six members of the Alday family in rural Seminole County in 1973 was one of the most heinous crimes and marked one of the darkest days in this state's history; and 1020 JOURNAL OF THE HOUSE, WHEREAS, an even darker day in this state's history occurred on December 9, 1985, when two separate three-judge panels of the Eleventh U. S. Circuit Court of Appeals ordered new trials for Carl Isaacs, George Dungee, and Wayne Coleman, ruling that their original trials in 1974 should have been moved to another county because pretrial publicity in Seminole County prevented the defendants from getting fair trials in such county; and WHEREAS, on January 31, 1986, the Eleventh U. S. Circuit Court of Appeals refused to reconsider the court rulings ordering new trials for the three defendants; and WHEREAS, the three defendants have been under the death sentence since 1974 and have been a constant burden to the Department of Corrections; and WHEREAS, for over 11 years, the Department of Corrections has clothed, fed, shel tered, and cared for these killers while the people of this state have waited for justice to be carried out; and WHEREAS, if the state is unable to prosecute the cases after such a long period of time, these criminals would have to be released and would again prey on the law-abiding citizens of this country; and WHEREAS, a judicial system which takes 11 years to determine whether defendants, who have freely admitted their participation in a crime, were afforded a fair trial is a dis grace and causes total disrespect for the administration of justice in this country; and WHEREAS, if the decision of the Eleventh U. S. Circuit Court of Appeals is not reversed, the enormity of this failure of justice causes all citizens of Georgia to wonder if there is any purpose to our judicial system. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body deplore the decision of the Eleventh U. S. Cir cuit Court of Appeals relative to the ordering of new trials for Carl Isaacs, George Dungee, and Wayne Coleman. BE IT FURTHER RESOLVED that the members of this body request on behalf of all Georgians that the United States Supreme Court reverse the decision of the Eleventh U. S. Circuit Court of Appeals ordering new trials for Carl Isaacs, George Dungee, and Wayne Coleman. 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 judge of the Eleventh U. S. Circuit Court of Appeals and to each justice of the United States Supreme Court. 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 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 Y Beck Y Benefield Y Benn Birdsong Y Bishop Y Bolster Y Bostick Branch Y Bray Y Brooks Brown.G Y Buck Y Burruss Y Byrd Y Carter Y Chambless Y Chance Cheeks Y Childers Y Childs N 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 Daugherty Y Davis Dean Y Dkon Y Dobbs Y Dover Y Dunn Y Edwards Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Harris Y Hasty Y Hays Y Heard Y Hill Y Holcomb FRIDAY, FEBRUARY 14, 1986 1021 Y Holmes Y Hooks Y 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 Y Lawler Y Lawrence Y Lawson YLee,C Y Lee.W Y Under Y Logan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum 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 Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Peters Y Pettit Y Phillips Pinkston Y Porter Rainey Ramsey.T Y Ramsey.V N Randall Y Ransom YRay Reaves N Redding Y Richardso Robinson,C Y Robinson.P Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfleld Y Sizemore Y Smith,L Smith,P Y Smith,T Y Smyre Y Stancil Steinberg Thomas.C Thomas,M Y Thompson Y 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 Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin N Young Murphy,Spkr On the adoption of the Resolution, by substitute, the ayes were 143, nays 4. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. Representative Martin of the 26th stated that he inadvertently voted "aye" on the preceding roll call. He wished to vote "nay" thereon. HB 1181. By Representatives Dean of the 29th, Thomas of the 31st and Clark of the 55th: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to make it unlawful for any distributor or supplier of hair care or cosmetic skin care products or equipment to sell any such product or equipment marked "professional use only" to any person who does not have a valid certificate, license, or permit issued pursuant to Chapter 7 of Chapter 10 of Title 43. 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 N Aiken N Alford Y Alien Y Anderson Y Argo Y Athon N Atkins Y Auten N Bailey Balkcom Y Bannister Bargeron Y Barnett,B Y Barnett.M Beck Benefield Benn Birdsong Y Bishop Y Bolster Y Bostick Branch NBray Y Brooks Brown.G YBuck N Burruss NByrd N Carter Y Chambless Chance Cheeks Y Childere Y Childs Y Clark,B Clark,L Y Colbert N Coleman Y Colwell Connell Cooper Y Copelan N Couch YCox N Crawford N Crosby Cummings Daugherty N Davis YDean Y Dixon NDobbs Dover YDunn Edwards N Felton N Floyd N Foster YGaler NGodbee YGoodwin Greene Y Greer Y Groover Hamilton Hanner N Harris Y Hasty NHays N Heard NHill Y Holcomb Y Holmes Y Hooks Y Home N Hudson N Isakson Y Jackson,J N Jackson.N Jamieson N Johnson,D N Johnson.F N Johnson,R Y Johnson,S N Kilgore N Kingston NLane.D N Lane.R N Lawler N Lawrence Y Lawson YLee.C NLee,W N Linder Y Logan Long Y Lord Y Lucas Lupton Y Maddox Mangum Martin.C N Martin,J Matthews McDonald N McKelvey McKinney Milam Milford N Moody N Moore Morton N Mostiler Moultrie N Mueller N Oliver.C Y Padgett 1022 JOURNAL OF THE HOUSE, Y Pannell Parham Parrish Patten Peters Y Pettit Y Phillips Y Pinkston N Porter Rainey Ramsey.T Y Ramsey.V Y Randall N Ransom Y Ray Reaves Redding Y Richardson Y Robinson.C Y Robinson.P Ross N Royal Russell Y Selman N Shepard N Sherrod Y Sinkfield Y Sizemore Smith.L Smith.P N Smith.T Y Smyre Stancil Y Steinberg Thomas.C Y Thomas.M Thompson N Townsend Y Triplet! Twiggs N Waddle N Waldrep Walker.C Y Walker.L Y Wall Ware Watson Y Watts White N Wilder N Williams.B Y Williams.J N Williams.R Y Wilson Y Wood N Workman Y Yeargin N Young Murphy,Spkr On the passage of the Bill, the ayes were 68, nays 58. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Clark of the 55th gave notice that at the proper time she would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 1181. HB 1539. By Representative Crosby of the 150th: A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation, so as to provide a 10 percent penalty for failure to file a timely ad valorem tax return on the part of a public util ity or airline company; to eliminate the requirement that the state revenue commissioner make demand for filing of a return when a return is not timely filed. 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 Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield Benn Birdsong Bishop Bolster Y Bostick Branch Burruss Y Carter Y Chambless Y Chance Cheeks Y Childets 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 Davis Dean Y Dixon Y Dobbs Dover YDunn Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee ,,Y Greene Y Greer Y Groover Y Hamilton Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Jamieson Y Johnson.F Y Johnson.R Y 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 I nrrl v* ILucas Y Mangum Martin.C Y Martin,J Matthews McDonald Y McKelvey McKinney Y Milam Y Milford Y* Morton Moultrie YMueSe Y Oliver C y Pad|ett Pannell Y Parham Y Parrish Patten Peters Y Pettit Y Pmkston Y Porter Ramey Ramsey.T Y Ramsey.V Randall Y Ransom Reaves Y Redding Y Richardson Robinson.C Y Robinson.P Ross Y Royal Russell Y Selman N Shepard Y Sherrod Y Sinkfield Y Sizemore Smith!? Y Smith.T Stancil Steinberg Y Thomas.C Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L FRIDAY, FEBRUARY 14, 1986 1023 Y Wall Ware Watson Y Watts White Y Wilder Y Williams.B Williams,J Y Williams.R Y Wilson Y Wood Workman Y Yeargin Young Murphy.Spkr On the passage of the Bill, the ayes were 123, nays 1. The Bill, having received the requisite constitutional majority, was passed. 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; to provide that funds may be appropriated and insurance pur chased for such purpose; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article HI, Section VI, Paragraph VI of the Constitution is amended by adding a new subparagraph (c) to read as follows: "(c) The General Assembly shall provide by law for a program of indemnification with respect to the death or permanent disability of any district attorney of this state 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. Funds shall be appropriated as necessary for payment of such indemnification or for the purchase of insurance for such indemnification or both. Such indemnification shall be in the same amount as now or hereafter provided for indemnification with respect to the death or permanent disability of law enforcement officers, firemen, and prison guards." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that the General Assembly 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?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Representative Home of the 103rd moved that further consideration of HR 445 be postponed until February 17, 1986, immediately following the period of unanimous con sents. On the motion, the ayes were 80, nays 11. The motion prevailed. 1024 JOURNAL OF THE HOUSE, HR 597. By Representatives Wilson of the 20th, Lee of the 72nd, McDonald of the 12th, Burruss of the 20th, Connell of the 87th and others: A resolution urging the United States Congress to propose an amendment to the United States Constitution to require the full deducibility of state and local taxes from taxable income for federal income tax purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Atkins N Auten Y Bailey Balkcom Y Bannister Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Bostick Branch YBray Y Brooks Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Chance 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 YDavis YDean Y Dixon Y Dobbs Dover Dunn Edwards N Felton Y Floyd Y Foster Galer YGodbee N Goodwin Greene Y Greer Y Groover Y Hamilton Hanner Y Harris Y Hasty YHays N Heard NHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson N Isakson Y Jackson,J Jackson.N Jamieson Y Johnson.D Johnson,F Y Johnson,R Y Johnson.S Y Kilgore N Kingston Y Lane.D Y Lane,R Y Lawler Lawrence Y Lawson YLee,C YLee.W N Linder YLogan YLong YLord Y Lucas N Lupton Y Maddox Y Mangum Martin.C Y Martin,J Matthews McDonald Y McKelvey McKinney Milam Y Milford Y Moody Y Moore N Morton Y Mostiler Moultrie N Mueller Y Oliver.C Y Padgett Y Pannell Parham Y Parrish Patten Peters Pettit Phillips Pinkston Y Porter Rainey Ramsey.T N Ramsey.V YRandall Ransom YRay Y Reaves Y Redding Y Richardson N Robinson.C Robinson.P Ross Y Royal Russell Y Selman On the adoption of the Resolution, the ayes were 113, nays 16. N Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Smith,? Y Smith.T Smyre Stancil Stein berg Y Thomas.C Thomas.M Y Thompson N Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White Y Wilder N Williams,B Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr The Resolution, having received the requisite constitutional majority, was adopted. Representative Ransom of the 90th stated that he had been called from the floor of the House during the preceding roll call. He wished to vote "nay" thereon. Representative Shepard of the 71st wishes to be recorded in the House Journal as voting "nay" on HR 597 with the following explanation: "With total federal exemption of state taxes, there is no incentive to hold down state taxes, this will further erode the federal revenue collections and render a balanced budget totally impossible." FRIDAY, FEBRUARY 14, 1986 1025 SB 433. By Senator Norton of the 17th: 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 Prac tices Act of 1975," so as to provide for definitions; to declare as an unfair or deceptive act or practice the failure to furnish a right of cancellation for campground memberships and marine memberships, the failure by the seller to complete the cancellation form, or the failure to honor cancellations. 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 Aiken Y Alford Y Alien Y Anderaon Y Argo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Bargeron Y Barnett,B Y Barnett,M Beck Y Benefield YBenn Birdsong Bishop Y Bolster Y Bostick Branch YBray Brooks Brown.G YBuck Burruss YByrd Y Carter Y Chambless Y Chance 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 Dover Dunn Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Greene Y Greer Groover Y Hamilton Manner Y Harris Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Isakson Y Jackson,J Y Jackson.N 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 Y Lee,C Y Lee.W Y Under Y Logan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Martin.C Y Martin.J Matthews McDonald Y McKelvey McKinney Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Peters Pettit 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 Robinson.P Ross Y Royal Russell Y Selman On the passage of the Bill, the ayes were 126, nays 0. The Bill, having received the requisite constitutional majority, was Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Smith,P Smith.T Smyre Stancil Stein berg Y Thomas.C Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L YWall Ware Y 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 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 1259. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Benefield of the 72nd and others: A bill to make and provide appropriations for the State fiscal year beginning July 1, 1985, and ending June 30, 1986. 1026 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 1259. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Benefield of the 72nd and others: A bill to make and provide appropriations for the State fiscal year beginning July 1, 1985, and ending June 30, 1986. Representative Burruss of the 20th moved that the House insist on its position in disagreeing to the Senate substitute 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, Burruss of the 20th and Phillips of the 120th. The following Resolution of the House was read and referred to the Committee on Rules: HR 747. By Representatives Twiggs of the 4th, Colwell of the 4th and Dover of the llth: A resolution inviting Mr. Eliot Wigginton to appear before the House of Representatives; recognizing and commending Mr. Wigginton and the Foxfire program. The following communication from the Honorable Max Cleland, Secretary of State, was received and read: Secretary of State 214 State Capitol Atlanta 30334 February 14, 1986 The Honorable Glenn Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Mr. Ellard: I am transmitting to you herewith a certified list of those persons who registered in the Docket of Legislative Appearance for the 1986 Regular Session the week of February 14, 1986, as of 3:00 p.m. this date. The list is numbered 592 through 601. With best wishes, I am Most sincerely, /s/ Max Cleland MC:am Attachment: Received by Glenn Ellard FRIDAY, FEBRUARY 14, 1986 1027 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 592 through 601, who have registered in the Docket of Legislative Appearance as of February 14, 1986, 3:00 p.m., in accordance with Georgia Laws 1970, 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 14th day of February, in the year of our Lord One Thousand Nine Hundred and Eighty-six and of the Independence of the United States of America the Two Hundred and Tenth. (SEAL) /s/ Max Cleland Secretary of State 592. David M. Petrowski OSHA Environmental Network 1 AT&T Tech 2000 Northeast Expressway Norcross, Georgia 593. Hugh Peterson, Jr. Charter Medical, Inc. 2500 Trust Company Tower Atlanta, Georgia 30303 594. James Everett Powell REGISTERED AGENT Georgia Dump Truck Assn. Dump Truck Manufacturers, Axle Manufacturers Allison Mfg. Company Georgia Truck Dealers 112 Rock Creek Drive Canton, Georgia 30114 595. Richard Toal Communications Industry 5825A Peachtree Corners East Norcross, Georgia 30092 595. June Deen American Lung Assn. of Ga. 2452 Spring Road Smyrna, Georgia 30080 596. Rita Valenti Georgia Nurses Assn. 600 Northern Avenue F-301 Clarkston, Georgia 30021 597. Guy Stancil, Jr. SELF 483 Dogwood Drive Lilburn, Georgia 30247 598. Ernest James CWA 3263 2296 Highway 138 Conyers, Georgia 599. John D. Folds, Jr. State Farm Insurance Co. 1585 Phoenix Blvd. Atlanta, Georgia 30349 600. Patsy D. House P.A.G.E. 3700-B Market Street Clarkston, Georgia 601. E. Culver "Rusty" Kidd REGISTERED AGENT Kidd & Associates Middle Georgia Management Services, Inc. Ga. Special Olympics Medical Assn. of Georgia MAG Mutual Georgia Liability Crisis Coalition GAMPAC P. O. Box 77102 Atlanta, Georgia 30357 The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: 1028 JOURNAL OF THE HOUSE, The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House: HB 1259. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Benefield of the 72nd and others: A bill to make and provide appropriations for the State fiscal year beginning July 1, 1985, and ending June 30, 1986. The President has appointed on the part of the Senate the following: Senators Kennedy of the 4th, Starr of the 44th and Holloway of the 12th. Representative Burruss of the 20th moved that the House do now adjourn until 10:00 o'clock, Monday morning and the motion prevailed. The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, Monday morning. MONDAY, FEBRUARY 17, 1986 1029 Representative Hall, Atlanta, Georgia Monday, February 17, 1986 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. Due to the death of his mother, Representative Birdsong of the 104th was granted a leave of absence for February 17, 1986. Prayer was offered by the Reverend John C. Bryan, Pastor, Curtis Baptist Church, Augusta, 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 intro duced, read the first time and referred to the committees: HB 1841. By Representatives Robinson of the 58th, Alford of the 57th, Lawrence of the 49th, Workman of the 51st, Richardson of the 52nd and others: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in DeKalb County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia Annotated. Referred to the Committee on State Planning & Community Affairs - Local. HB 1842. By Representative Dobbs of the 74th: A bill to amend Code Section 27-1-35 of the Official Code of Georgia Anno tated, relating to jurisdiction of probate courts in game and fish cases, so as to provide that the probate courts shall have jurisdiction to receive not guilty 1030 JOURNAL OF THE HOUSE, pleas, conduct trials, and impose sentences in misdemeanor cases involving violations of the game and fish laws if the defendant has waived a trial by jury. Referred to the Committee on Judiciary. HB 1843. By Representatives Coleman of the 118th and Jackson of the 9th: A bill to amend Code Section 35-2-36 of the Official Code of Georgia Anno tated, relating to the composition of the battalion of the Uniform Division of the Department of Public Safety, so as to provide that recruits or cadets of the Uniform Division shall be designated peace officers and shall have the authority of peace officers. Referred to the Committee on Public Safety. HB 1844. By Representative Russell of the 64th: A bill to amend an Act establishing the board of commissioners of Barrow County, so as to change certain provisions relating to the location of certain records of the board; to change certain provisions relating to the request for bids on certain purchases. Referred to the Committee on State Planning & Community Affairs - Local. HB 1845. By Representative Russell of the 64th: A bill to amend an Act creating and establishing a joint airport authority for the City of Winder and the County of Barrow, so as to create and establish the Barrow County Airport Authority as the successor to the Winder-Barrow Airport Authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 1846. By Representative Balkcom of the 140th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Early County Development Authority (Res. Act No. 203). Referred to the Committee on State Planning & Community Affairs - Local. HB 1847. By Representative Greene of the 130th: A bill to amend an Act creating the board of commissioners of Randolph County, so as to provide for a board of commissioners as the governing authority of Randolph County. Referred to the Committee on State Planning & Community Affairs - Local. HB 1848. By Representative Greene of the 130th: A bill to fix the compensation of the clerk of the Superior Court of Quitman County; to provide for clerical help and their compensation; to provide that all fees, commissions and other compensation of the clerk of the Superior Court of Quitman County shall be paid to the treasurer of Quitman County. Referred to the Committee on State Planning & Community Affairs - Local. MONDAY, FEBRUARY 17, 1986 1031 HB 1849. By Representative Greene of the 130th: 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 Webster County Industrial Development Authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 1850. By Representatives Godbee of the 110th and Bargeron of the 108th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Burke County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated. Referred to the Committee on State Planning & Community Affairs - Local. HR 748. By Representatives Hasty of the 8th, Ross of the 82nd, Cummings of the 17th, Moore of the 139th, Holcomb of the 72nd and others: A resolution creating the Teacher Education Study Commission and provid ing for its membership, powers, and duties; providing for the powers and duties of the Board of Regents of the University System of Georgia and the State Board of Education; providing for the comprehensive review and evalu ation of teacher education in Georgia. Referred to the Committee on Rules. HR 749. By Representative Lupton of the 25th: A resolution creating the Age of Criminal Responsibility Study Committee of the House of Representatives. Referred to the Committee on Rules. By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the committee: HB 1854. By Representatives Bolster of the 30th, Martin of the 26th, Dean of the 29th and Holmes of the 28th: A bill to amend an Act providing for urban enterprise zones in the City of Atlanta, so as to provide that urban enterprise zones may be created for commercial and industrial purposes or for residential purposes; to provide for the definitions and locations of types of urban enterprise zones. Referred to the Committee on State Planning & Community Affairs - Local. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1817 HB 1818 HB 1819 HB 1820 no 10^1 HHBB 11882223 HB 1824 HB 1825 HB 1826 HB 1827 HB 1828 HB 1829 HB 1830 UD i QQI JHJB? }1832; HB 18^d HB 1834 HB 1835 1032 JOURNAL OF THE HOUSE, HB 1836 HB 1837 HB 1838 HB 1839 HB 1840 HHRR 774220 T-TD HA** HR 1U SB 300 SB 445 SB 460 SB 461 SB 465 SB 470 SB 471 SB 473 SCBD A4H84* &" ^"" SB 494 SB 534 SR 324 SR 358 Representative Thomas of the 69th District, Acting Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1352 Do Pass, by Substitute Respectfully submitted, /s/ Thomas of the 69th Acting Chairman Representative Johnson of the 72nd District, Chairman of the Committee on Retire ment, submitted the following report: Mr. Speaker: Your Committee on Retirement has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 50 Do Pass, by Substitute Respectfully submitted, /s/ Johnson of the 72nd Chairman Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recom mendation: HB 1577 Do Pass, by Substitute Respectfully submitted, /s/ Lee of the 72nd Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: MONDAY, FEBRUARY 17, 1986 1033 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 1765 Do Pass HB 1766 Do Pass HB 1768 Do Pass HB 1769 Do Pass HB 1770 Do Pass HB 1771 Do Pass HB 1772 Do Pass HB 1773 Do Pass HB 1774 Do Pass HB 1775 Do Pass HB 1776 Do Pass HB 1777 Do Pass HB 1778 Do Pass HB 1779 Do Pass HB 1781 Do Pass HB 1782 Do Pass HB 1786 Do Pass HB 1787 Do Pass HB 1789 Do Pass HB 1791 Do Pass HB 1792 Do Pass HB 1795 Do Pass HB 1796 Do Pass HB 1810 Do Pass HB 1815 Do Pass HB 1816 Do Pass Respectfully submitted, /a/ Adams of the 36th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR MONDAY, FEBRUARY 17, 1986 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 27th Legislative Day as enumerated below: HB 181 Reapportionment: House Districts 28, 34 HB 203 Trucks/Tractors: Name Displayed HB 212 Health Insurance: Group Plans: Cancellation HB 344 Sheriffs: Qualifications HB 555 Trucks/Tractors: Display Name: Cert. Exceptions HB 1325 Parks, Etc.: Hunting/Trapping: Written Approval HB 1327 Employment: Attend Judicial Proceeding: Prohibit Dismissal HB 1366 General Assembly: Assistant Floor Leaders: Compensation HB 1444 Georgia Southern College: Special License Plate HB 1544 Jury Duty: Certain Women: Exemption HB 1581 Firemen: Amend Definition HB 1591 Health Planning Review Board: Judicial Review HB 1662 School Bus Drivers: Minimum Salary HR 587 Franklin County: Bid For State Property HR 661 Aquaculture: Harvesting of Fish: Recognize HR 690 Henry L. Reaves Arena: Designate HR 691 Sam P. McGill Exhibition Building: Designate SB 135 Stolen Vehicle: Proof of Ownership: Return SB 420 Residential Finance Authority Act: Amend SB 437 Board of Corrections: Members: Reimbursement of Expenses Bills and Resolutions on this calendar may be called in any order the Speaker desires. 1034 JOURNAL OF THE HOUSE, Respectfully submitted, /s/ Lee of the 72nd Chairman By unanimous consent, the following Bills of the House were taken up for consider ation and read the third time: HB 1765. By Representatives Bargeron of the 108th and Ross of the 82nd: 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 power of the General Assembly to authorize local taxing jurisdictions in Jefferson County to grant discounts for early payment of ad valorem taxes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1766. By Representative Adams of the 79th: A bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Upson County School District who is 62 years of age or over and who does not have an income from all sources, exceeding $10,000.00 per annum, shall be exempt from all ad valorem taxa tion for educational purposes levied for and in behalf of such school system. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1768. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: 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 Cobb County to establish fire protection districts and to levy taxes for such purposes upon approval by the voters. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1769. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Marietta to incur additional bonded indebtedness for educational purposes in MONDAY, FEBRUARY 17, 1986 1035 an amount exceeding the general debt limitations of the Constitution (Res. Act No. 39). The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1770. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Cobb County to construct and maintain solid waste facilities and to issue revenue bonds for such purpose (Res. Act No. 143). The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1771. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: 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 create the Downtown Marietta Development Authority (Res. Act No. 213). The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1772. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Marietta to combine its water and sewerage system and its electric system and to issue revenue bonds without the necessity of a referendum (Res. Act No. 72). The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1773. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: 1036 JOURNAL OF THE HOUSE, 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 create a Cobb County civil service system for any or all persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Cobb County. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1774. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st 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 abolishes the office of coroner in Cobb County and establishes in lieu thereof the office of county medical examiner (Res. Act No. 216). The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1775. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: 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 Cobb County to establish and operate a sewerage system and to issue general obligation bonds for such purpose (Res. Act No. 32). The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1776. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for an elected board of education of Cobb County and for the appointment of the Cobb County school superintendent by the board. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. MONDAY, FEBRUARY 17, 1986 1037 HB 1777. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Powder Springs Downtown Development Authority (Res. Act No. 161). The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1778. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: 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 grant the governing authority of Cobb County the power to adopt ordinances for the governing of the county and to provide penalties for violations of such ordinances (Res. Act No. 19). The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1779. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: 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 local law for the disposition of the assets and obli gations of any municipality lying wholly within Cobb County whose charter is repealed (Res. Act No. 215). The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1781. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: 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 reapportion the education districts of the Cobb County board of education without the necessity of a referendum (Res. Act No. 163). The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. 1038 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. HB 1782. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment allocating one-half of the revenue from taxes levied on the wholesale and retail sale of alcoholic bever ages and liquors sold within Cobb County and any municipality therein to the boards of education of the county or independent school district. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1786. By Representatives Wilson of the 20th, Thompson of the 20th, Cooper of the 20th, Lawler of the 20th, Burruss of the 20th and others: A bill to provide a $4,000.00 additional homestead exemption from all City of Marietta ad valorem taxes for residents of that city. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1787. By Representatives Moultrie of the 93rd, Buck of the 95th, Galer of the 97th, Bishop of the 94th, Smyre of the 92nd and others: A bill to amend an Act providing a charter for the county-wide government of Columbus, so as to provide for procedures for filling vacancies in the office of Mayor or Councilor. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1789. By Representatives Thomas of the 69th, Lee of the 70th and Shepard of the 71st: A bill to amend an Act providing for a civil service system in Carroll County for employees of Carroll County, so as to change the composition of the civil service board of Carroll County. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. MONDAY, FEBRUARY 17, 1986 1039 HB 1791. By Representative Hooks of the 116th: A bill to amend an Act creating the new charter for the City of Americus, so as to change the date of the municipal election. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1792. By Representatives Triplett of the 128th, Pannell of the 122nd, Hamilton of the 124th, Mueller of the 126th and Johnson of the 123rd: A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to change the corporate limits of the City of Savannah; to provide for certain taxes and charges. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1795. By Representative Parrish of the 109th: A bill to create and incorporate the City of Summertown in the County of Emanuel and grant a charter to that municipality under that corporate name and style; to prescribe and define the corporate limits thereof. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1796. By Representative Copelan of the 106th: A bill to amend an Act changing the method of electing members of the Board of Education of Putnam County, so as to provide for the compen sation and per diem of such members. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1810. By Representatives Matthews of the 145th and Royal of the 144th: A bill to amend an Act relating to the board of education of Colquitt County, so as to change the compensation and expense allowances of the members of the board of education. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 1040 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 1815. By Representatives Coleman of the 118th and Branch of the 137th: 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 county officers of Telfair County shall be ineligible to hold office under certain conditions (Res. Act No. 76). The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1816. By Representatives Lucas of the 102nd, Groover of the 99th, Randall of the 101st, Home of the 103rd and Pinkston of the 100th: A bill to amend an Act known as the "Macon-Bibb County Transit Authority Act of 1980," so as to permit board members to participate in and to be cov ered by any contract for group medical or hospitalization insurance plans otherwise provided by the authority for its director, its officers, and its employees. The report of the Committee, which was favorable to the passage of the Bill, was 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: HB 1204. By Representatives Robinson of the 58th and Greer of the 39th: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to delete certain provisions regarding the parti cipation by part-time and contract employees in group insurance and retire ment plans; to authorize the recognition of the collective bargaining with authorized representatives of employees of the Authority. HB 1512. By Representative Stancil of the 66th: A bill to amend an Act known as the "Oconee County Public Utility Author ity Act," so as to change the name of the Oconee County Public Utility Authority to the "Oconee Utility Authority"; to change the short title of said Act to reflect the change in the name of the Authority; to change the method of selecting future members of the Authority. MONDAY, FEBRUARY 17, 1986 1041 HB 1513. By Representative Dixon of the 151st: A bill to amend an Act providing a new charter for the City of St. Marys, Georgia, so as to change the corporate limits of the city. HB 1517. By Representatives Hays of the 1st and Crawford of the 5th: A bill to amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer. HB 1518. By Representatives Hays of the 1st and Crawford of the 5th: A bill to amend an Act creating the State Court of Walker County, so as to change the provisions relative to the judge of said court and the compen sation and expense allowance of said judge; to change the provisions relative to the compensation and expense allowance of the solicitor of said court. HB 1519. By Representatives Hays of the 1st and Crawford of the 5th: A bill to amend an Act placing the coroner of Walker County on an annual salary, so as to change the provisions relating to the compensation of the cor- HB 1546. By Representative Dixon of the 151st: 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 creating the Kingsland Development Authority and providing for its powers, authority, funds, purposes, and procedures. HB 1547. By Representative Dixon of the 151st: A bill to authorize the governing authority of Camden 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. HB 1548. By Representative Dixon of the 151st: 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 Camden County by the voters of the county. HB 1587. By Representative 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 which relates to the election of the chairman and members of the Oconee County Board of education. HB 1588. By Representative Stancil of the 66th: A bill to authorize the governing authority of Morgan County to impose busi ness and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county; to authorize the governing authority of Morgan County to exercise police powers over such persons, firms, and corporations. 1042 JOURNAL OF THE HOUSE, HB 1661. By Representatives Logan of the 67th, Argo of the 68th, Clark of the 13th and Milford of the 13th: A bill to make permanent certain existing Clarke County paid staff positions with the office of the district attorney of the Western Judicial Circuit, namely, the positions of one county paid assistant district attorney, two county paid criminal investigators, and one county paid secretary; to provide for appointment to said staff positions by the district attorney. HB 1677. By Representative Copelan of the 106th: A bill to amend an Act known as the "Greene County Development Author ity Act," so as to change the provisions relating to the membership of the authority. HB 1690. By Representatives Thompson of the 20t, Cooper of the 20th, Wilson of the 20th, Atkins of the 21st, Wilder of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Acworth Down town Development Authority. SB 397. By Senators Perry of the 7th, Reddish of the 6th and Ray of the 19th: A bill to amend Code Section 16-13-31 of the Official Code of Georgia Anno tated, relating to trafficking in cocaine, illegal drugs, or marijuana, so as to provide that the possession, sale, manufacture, or transport into this state of any mixture containing cocaine shall constitute a crime and be punished the same as possession of similar amounts of cocaine. SB 395. By Senator Tysinger of the 41st: A bill to amend Code Section 19-7-3 of the Official Code of Georgia Anno tated, relating to visitation rights of grandparents in guardianship and cus tody actions involving minor children, so as to provide that a grandparent shall have the right to file an original pleading requesting visitation rights when custody of a minor child has been granted under any action, except an adoption where legal relationships have been terminated. SB 392. By Senators Dawkins of the 45th, Deal of the 49th and Greene of the 26th: A bill to amend Code Section 40-5-2 of the Official Code of Georgia Anno tated, 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 records of certain persons to local fire departments and for other purposes. SB 462. By Senators Starr of the 44th and Deal of the 49th: A bill to amend Code Section 40-6-391.1 of the Official Code of Georgia Annotated, relating to the entry of a plea of nolo contendere to a charge of violating Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, so as to provide minimum contents and requirements for the defendant's verified petition seeking the acceptance of a plea of nolo con tendere. MONDAY, FEBRUARY 17, 1986 1043 SB 474. By Senator Dawkins of the 45th: A bill to amend Code Section 48-5-440 of the Official Code of Georgia Anno tated, relating to definitions used in connection with the ad valorem taxation of motor vehicles and motor homes, so as to change the provisions of the definition of "driver educational motor vehicle." HB 289. By Representatives Couch of the 40th, Martin of the 26th and Kilgore of the 42nd: A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions regarding hearsay evidence, so as to authorize certain hearsay statements made by certain children regarding sexual contact or physical abuse. SB 391. By Senators Dawkins of the 45th, Deal of the 49th and Greene of the 26th: A bill to amend Code Section 35-3-33 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Georgia Crime Information Center generally, so as to authorize the center to make available to any local fire department upon request a copy of the criminal history record informa tion of an applicant for employment as a firefighter. SB 405. By Senator Kidd of the 25th: A bill to amend Code Section 15-6-88 of the Official Code of Georgia Anno tated, relating to minimum annual salaries for clerks of superior courts, so as to change the minimum annual salary. SB 489. By Senators Turner of the 8th, Barnes of the 33rd, McKenzie of the 14th and others: A bill to amend Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions on defenses to tort actions, so as to provide that a person justified in threatening or using force against another under the provisions of Code Section 16-3-23 or 16-3-24 shall not be held liable in any civil action brought as a result of the threat or use of such force. SB 541. By Senator Harrison of the 37th: A bill to amend an Act creating a new charter for the city of Acworth, approved August 17, 1903 (Ga. L. 1903, p. 413), as amended, so as to provide for the compensation of the mayor and aldermen. HB 416. By Representative Johnson of the 72nd: A bill to amend Code Section 47-3-60 of the Official Code of Georgia Anno tated, relating to membership in the Teachers Retirement System of Georgia, so as to change the provisions relating to reinstatement of membership in the retirement system. HB 795. By Representative Murphy of the 18th: A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Anno tated, known as the "Georgia Private Detective and Security Agencies Act," so as to change the provisions relating to licensure of persons desiring to engage in the private detective or private security business. 1044 JOURNAL OF THE HOUSE, HB 846. By Representatives Twiggs of the 4th, Col well of the 4th, Rainey of the 135th, Barnett of the 10th, Watts of the 41st, and others: A bill to amend Code Section 27-2-23.1 of the Official Code of Georgia Anno tated, relating to the raccoon fur seller's license, so as to change the amount of the annual license fee. HB 1105. By Representative Padgett of the 86th: A bill to amend Code Section 40-2-71.1 of the Official Code of Georgia Anno tated, relating to special license plates for former prisoners of war, so as to provide that the spouse of a deceased prisoner of war shall continue to be eligible for a special license plate. HB 1120. By Representative Beck of the 148th: A bill to amend Code Section 7-4-12 of the Official Code of Georgia Anno tated, relating to interest on judgments, so as to change the rate of interest under certain conditions. HB 1242. By Representative Triplett of the 128th: A bill to amend Code Section 52-6-45 of the Official Code of Georgia Anno tated, relating to pilotage fees, generally, so as to eliminate certain require ments placed on a pilot to give directions for moorings and to dock ships. HB 1263. By Representatives Bailey of the 72nd, Thompson of the 20th, Hamilton of the 124th, Walker of the 115th, Benefield of the 72nd and others: A bill to amend Chapter 3 of Title 35 of the Official Code of Georgia Anno tated, relating to the Georgia Bureau of Investigation, so as to authorize cre ation of a Missing Children Information Center. HB 1377. By Representatives Adams of the 36th and Jackson of the 9th: A bill to amend Part 2 of Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to periodic emission inspections of motor vehicles, so as to provide for inspections and certificates of inspections for certain new motor vehicles; to define further those vehicles which must be inspected prior to being registered. The Senate has passed, by Substitute, by the requisite constitutional majority the following Bill of the House: HB 748. By Representatives Johnson of the 72nd and Bailey of the 72nd: A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Anno tated, relating to bonds and recognizances, so as to provide additional condi tions for the release of a surety from liability; to provide for the remission of forfeiture under certain conditions. The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House: HR 679. By Representatives Dover of the llth, Twiggs of the 4th, Clark of the 13th, Wood of the 9th, Rainey of the 135th and others: MONDAY, FEBRUARY 17, 1986 1045 A resolution urging the Congress of the United States to undertake all appro priate actions to institute the immediate repeal of Public Law 93-531, the Navajo-Hopi Land Resettlement Act. The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House: HB 1262. By Representatives Thompson of the 20th, Hamilton of the 124th, Bailey of the 72nd, Walker of the 115th, Benefield of the 72nd and others: A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs for children and youth, so as to provide for emer gency powers to enable the Department of Human Resources to order the emergency relocation of residents in a child-caring institution other than a day-care facility; to provide for the emergency prohibition of admission to a child-caring institution other than a day-care facility. The Senate has adopted the report of the second conference committee to the follow ing 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 tax payers shall be confidential and shall not be disclosed by boards of tax asses sors; to provide that such materials may be disclosed as necessary in tax collection proceedings. The Senate has agreed to the House amendments to the following Bills of the Senate: 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. SB 338. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd: A bill to amend Chapter 2 of Title 52 of the Official Code of Georgia Anno tated, known as the "Georgia Ports Authority Act," so as to change the provisions relating to venue; to provide that venue in all actions brought against the Georgia Ports Authority shall be in the Superior Court of Chatham County. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 391. By Senators Dawkins of the 45th, Deal of the 49th and Greene of the 26th: A bill to amend Code Section 35-3-33 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Georgia Crime Information Center generally, so as to authorize the center to make available to any local 1046 JOURNAL OF THE HOUSE, fire department upon request a copy of the criminal history record informa tion of an applicant for employment as a firefighter. Referred to the Committee on Public Safety. SB 392. By Senators Dawkins of the 45th, Deal of the 49th and Greene of the 26th: A bill to amend Code Section 40-5-2 of the Official Code of Georgia Anno tated, 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 records of certain persons to local fire departments. Referred to the Committee on Public Safety. SB 395. By Senator Tysinger of the 41st: A bill to amend Code Section 19-7-3 of the Official Code of Georgia Anno tated, relating to visitation rights of grandparents in guardianship and cus tody actions involving minor children, so as to provide that a grandparent shall have the right to file an original pleading requesting visitation rights when custody of a minor child has been granted under any action, except an adoption where legal relationships have been terminated. Referred to the Committee on Judiciary. SB 397. By Senators Perry of the 7th, Reddish of the 6th and Ray of the 19th: A bill to amend Code Section 16-13-31 of the Official Code of Georgia Anno tated, relating to trafficking in cocaine, illegal drugs, or marijuana, so as to provide that the possession, sale, manufacture, or transport into this state of any mixture containing cocaine shall constitute a crime and be punished the same as possession of similar amounts of cocaine. Referred to the Committee on Judiciary. SB 405. By Senator Kidd of the 25th: A bill to amend Code Section 15-6-88 of the Official Code of Georgia Anno tated, relating to minimum annual salaries for clerks of superior courts, so as to change the minimum annual salary. Referred to the Committee on Judiciary. SB 462. By Senators Starr of the 44th and Deal of the 49th: A bill to amend Code Section 40-6-391.1 of the Official Code of Georgia Annotated, relating to the entry of a plea of nolo contendere to a charge of violating Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, so as to provide minimum contents and requirements for the defendant's verified petition seeking the acceptance of a plea of nolo con tendere. Referred to the Committee on Judiciary. SB 474. By Senator Dawkins of the 45th: A bill to amend Code Section 48-5-440 of the Official Code of Georgia Anno tated, relating to definitions used in connection with the ad valorem taxation MONDAY, FEBRUARY 17, 1986 1047 of motor vehicles and motor homes, so as to change the provisions of the definition of "driver educational motor vehicle". Referred to the Committee on Education. SB 489. By Senators Turner of the 8th, Barnes of the 33rd, McKenzie of the 14th and others: A bill to amend Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions on defenses to tort actions, so as to provide that a person justified in threatening or using force against another under the provisions of Code Section 16-3-23 or 16-3-24 shall not be held liable in any civil action brought as a result of the threat or use of such force. Referred to the Committee on Judiciary. SB 541. By Senator Harrison of the 37th: A bill to amend an Act creating a new charter for the city of Acworth, approved August 17, 1903 (Ga. L. 1903, p. 413), as amended, so as to provide for the compensation of the mayor and aldermen. Referred to the Committee on State Planning & Community Affairs - Local. Representative Wall of the 61st moved that the House reconsider its action in adopt ing the following Resolution of the House: HR 502. By Representatives Brooks of the 34th, Williams of the 54th, Bishop of the 94th, Thomas of the 31st, Holmes of the 28th and others: A resolution calling for the release of South African political prisoners and detainees. On the motion, the roll call was ordered and the vote was as follows: Aaron Adams.G N Adams.M N Aiken Alford N Alien N Anderson Y Argo N Athon Atkins Y Auten N Bailey N Balkcom Y Bannister Bargeron Barnett,B Y Barnett,M N Beck N Benefield Benn Birdsong N Bishop N Bolster Bostick Y Branch Bray N Brooks N Brown.G NBuck Burruss Byrd Carter Chambless N Chance Cheeks N Childers N Childs N Clark.B Clark.L Y Colbert N Coleman Colwell N Connell Cooper N Copelan Couch NCox N Crawford Crosby Cummings Daugherty Y Davis N Dean Dixon Dobbs Dover YDunn Edwards Felton Floyd Y Foster NGaler NGodbee N Goodwin Greene Greer N Groover N Hamilton N Manner Harris N Hasty Hays Heard Hill N Holcomb Holmes N Hooks Home N Hudson YIsakson Jackson.J N Jackson.N Jamieson N Johnson,D Y JohnsontF N Johnson,R N Johnson.S Kilgore N Kingston Lane,D YLane.R N Lawler Y Lawrence Lawson N Lee,C N Lee.W N Under Logan N Long Lord N Lucas Y Lupton N Maddox N Mangum N Martin.C N Martin,J Matthews McDonald Y McKelvey N McKinney YMilam Milford Y Moody Y Moore Y Mortal N Mostiler N Moultrie Mueller N Oliver.C N Padgett N Pannell N Parham N Parrish Patten Peters N Pettit N Phillips Pinkston N Porter Rainey N Ramsey.T Y Ramsey.V N Randall N Ransom NRay Y Reaves N Redding N Richardson Robinson.C N Robinson,P NRoss Y Royal Russell Selman Y Shepard 1048 JOURNAL OF THE HOUSE, Y Sherrod NSinkfield NSizemore N Smith.L N Smith.P Smith.T Smyre N Stancil N Steinberg N Thomas.C Thomas,M N Thompson N Townsend N Triplett Twiggs Y Waddle N Waldrep N Walker.C N Walker.L Y Wall Ware N Watson N Watts N White N Wilder Y Williams,B Y Williams,J N Williams,R On the motion, the ayes were 28, nays 89. The motion was lost. Wilson Wood N Workman N Yeargin N Young Murphy,Spkr Representative Argo of the 68th stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to vote "nay" thereon. Representative Williams of the 54th stated that she inadvertently voted "aye" on the preceding roll call. She wished to vote "nay" thereon. Representative Dean of the 29th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House: HB 1181. By Representatives Dean of the 29th, Thomas of the 31st and Clark of the 55th: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to make it unlawful for any distributor or supplier of hair care or cosmetic skin care products or equipment to sell any such product or equipment marked "professional use only" to any person who does not have a valid certificate, license, or permit issued pursuant to Chapter 7 of Chapter 10 of Title 43. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Adams,G Adams,M Y Chance Cheeks Y Childers Y Groover Y Hamilton Y Banner Lord v I nf Y Uupton Y RandaU Y Ray YAuten Y Bailey NY BBaalnknciosmter YBenefield Cooper Y Copelan NY CCooxuch N Davis ards Hooks Home YY IHsaukdssoonn N Johnson,F N MufTd NNV,MM,ooTMoodd[y N oHvlrC IS Y Shepard NN bbShheeerrrrnno**d Smyre N Thon^pson -ajdrep YWa,ker,L MONDAY, FEBRUARY 17, 1986 1049 N Wall Ware Watson Y Watts Y White N Wilder Y Williams.B Y Williams,J N Williams.R On the motion, the ayes were 74, nays 54. The motion prevailed. Wilson Y Wood N Workman N Yeargin N Young Murphy,Spkr Representative Davis of the 45th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House: HB 1447. By Representatives Steinberg of the 46th, Pannell of the 122nd, Mueller of the 126th, Walker of the 115th, Randall of the 101st and others: A bill to amend Code Section 19-13-1 of the Official Code of Georgia Anno tated, relating to the definition of family violence, so as to change such definition. On the motion, the roll call was ordered and the vote was as follows: N Aaron Adams.G Y Adams.M N Aiken N Alford N Alien N Anderson YArgo N Athon Y Atkins N Auten N Bailey N Balkcom N Bannister N Bargeron Barnett,B Y Barnett.M NBeck N Benefield Benn Birdsong N Bishop N Bolster Bostick Y Branch NBray N Brooks Brown.G NBuck Burruss Byrd Carter N Chambless N Chance Y Cheeks N Childers N Childs N Clark.B Y Clark.L Y Colbert N Coleman N Colwell N Connell Cooper Copelan Y Couch YCox Y Crawford N Crosby N Cummings Daugherty Y Davis NDean Dixon Dobbs Y Dover Y Dunn Y Edwards Felton N Floyd Y Foster N Galer N Godbee N Goodwin Greene Greer N Groover N Hamilton N Manner Y Harris Y Hasty NHays Y Heard YHill N Holcomb N Holmes N Hooks N Home N Hudson YIsakson N Jackson,J Y Jackson.N N Jamieson N Johnson,D Y Johnson.F N Johnson,R N Johnson,S N Kilgore Y Kingston Y Lane.D Y Lane,R N Lawler Y Lawrence Lawson N Lee.C N Lee.W Y Under N Logan NLong Lord N Lucas N Lupton Maddox N Mangum N Martin.C N Martin,J Matthews McDonald On the motion, the ayes were 43, nays 101. The motion was lost. McKelvey N McKinney NMilam Milford Y Moody N Moore Y Morton Mostiler N Moultrie Y Mueller N Oliver.C N Padgett N Pannell N Parham N Parrish Patten N Peters N Pettit Phillips N Pinkston N Porter N Rainey N Ramsey.T Ramsey.V N Randall N Ransom NRay N Reaves N Redding N Richardson N Robinson.C N Robinson,P NRoss N Royal Russell Selman Y Shepard Y Sherrod N Sinkfield N Sizemore Y Smith.L N Smith.P Smith.T Smyre Y Stancil N Steinberg N Thomas,C N Thomas.M N Thompson N Townsend N Triplett N Twiggs Y Waddle N Waldrep Walker.C N Walker,L Y Wall Ware N Watson Y Watts Y White Y Wilder Y Williams,B N Williams,J Y Williams.R N Wilson N Wood N Workman Y Yeargin N Young Murphy.Spkr Representative Mueller of the 126th stated that she inadvertently voted "aye" on the preceding roll call. She wished to vote "nay" thereon. 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: 1050 JOURNAL OF THE HOUSE, HB 555. By Representatives Bostick of the 138th, and Sherrod of the 143rd: A bill to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles in general, so as to require that certain trucks and certain truck tractors have the name of the owner on each side thereof; to make special provisions for trucks and truck tractors operated by licensed motor carriers. The following Committee substitute was read: A BILL To amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Anno tated, relating to equipment and inspection of motor vehicles in general, so as to require that certain trucks and certain truck tractors have the name of the owner on each side thereof; to make special provisions for trucks and truck tractors operated by licensed motor carriers; to provide for criminal penalties; 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 1 of Chapter 8 of Title 40 of the Official Code of Georgia Anno tated, relating to equipment and inspection of motor vehicles in general, is amended by adding a new Code Section 40-8-9 to read as follows: "40-8-9. It shall be unlawful to operate in this state any truck or truck tractor having an owner declared gross weight of 43,000 or more pounds which does not comply with the name display requirements of this Code section. Each such truck or truck tractor shall have displayed on each side thereof the name of the registered owner, except that trucks and truck tractors operating pursuant to authority granted by the Public Service Commission or the federal Interstate Commerce Commission shall display the name of the holder of such authority and such other information as may be required by these commissions. The display shall be in sharp color contrast to the background and shall be of such size, color, and shape as to be readily legible during daylight hours from a distance of 50 feet while the vehicle is not in motion; and such display shall be main tained in a manner so as to remain so legible. This Code section shall not prohibit the display of additional information which does not interfere with the legibility of the dis play required by this Code section." Section 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Jackson of the 9th and Bostick of the 138th move to amend the committee substitute to HB 555 by striking from line 5 of page 1 the words "of the owner" and inserting in lieu thereof the following: "and principal place of domicile of the owner or lessee". By striking from line 21 and line 22 of page 1 the words "of the registered owner" and inserting in lieu thereof the following: "and principal place of domicile of the registered owner or, if the truck or truck trac tor is operating under a lease arrangement, the name and principal place of domicile of the lessee". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. MONDAY, FEBRUARY 17, 1986 1051 On the passage of the Bill, by substitute, as amended, the ayes were 107, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. HB 344. By Representatives Ramsey of the 3rd and Williams of the 6th: A bill to amend Code Section 15-16-1 of the Official Code of Georgia Anno tated, relating to qualifications and training requirements of sheriffs, so as to change the provisions relating to the qualifications a person must have to hold the office of sheriff. The following Committee substitute was read and adopted: A BILL To amend Code Section 15-16-1 of the Official Code of Georgia Annotated, relating to qualifications and training requirements of sheriffs, so as to authorize the suspension of any sheriff who fails to complete the required minimum annual in-service training; to provide for the assumption of sheriffs duties in case of suspension; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-16-1 of the Official Code of Georgia Annotated, relating to qualifications and training requirements of sheriffs, is amended by striking in its entirety paragraph (4) of subsection (f) and inserting in lieu thereof a new paragraph (4) to read as follows: "(4) Any person who fails to complete the minimum annual in-service training required under this Code section shall not perform any of the duties of sheriff involving the power of arrest until such training shall have been successfully completed, irrespec tive of any waiver which may be granted. In addition, the Governor may suspend from office without pay for a period of 90 days any sheriff who fails to complete the minimum annual in-service training required under this Code section. The probate judge of the county of the sheriffs residence shall appoint a person who meets the qualifications for sheriff pursuant to this Code section to assume the duties and responsibilities of the office of sheriff during any such period of suspension." Section 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 111, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1325. By Representatives Rainey of the 135th and Peters of the 2nd: A bill to amend Code Section 12-3-10 of the Official Code of Georgia Anno tated, relating to prohibited acts in parks, historic sites, and recreational areas, generally, so as to provide that certain generally prohibited acts may be allowed in parks, historic sites, or recreational areas by prior written permission of the commissioner of natural resources. The following amendment was read and adopted: The Committee on Game, Fish and Recreation moves to amend HB 1325 as follows: 1052 JOURNAL OF THE HOUSE, By inserting a new phrase in line 19, page 1 between the word "activity" and the word "has" to read as follows: "involves the use of bows and arrows, primitive weapons, and shotguns and". 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 107, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1581. By Representatives McDonald of the 12th and Coleman of the 118th: A bill to amend Code Section 45-9-81 of the Official Code of Georgia Anno tated, relating to definitions with respect to the indemnification of law enforcement officers, firemen, and prison guards, so as to change the defini tion of the term "firemen." The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 119, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 212. By Representative Bray of the 91st: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance in general, so as to provide that certain group health contracts and plans must provide continuing coverage after cancel lation for medical conditions existing at the time of cancellation and complications arising therefrom. 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 in general, so as to provide that certain group health contracts and plans must provide certain continuing coverage after cancellation; to provide that such group health contracts and plans must provide certain conversion rights; to provide that such requirement shall apply to group accident and sickness insurance policies and contracts, group contracts issued by nonprofit hospital service corporations, group contracts issued by health care plans, group contracts issued by health maintenance organizations, and similar accident and sickness benefit plans, policies, and contracts; to provide provisions to be included in certificates issued to group members; to provide for administration by the Commissioner of Insurance; to provide for all related matters; to amend Chapter 30 of Title 33, relating to group accident and sickness insurance, so as to repeal certain requirements for notice of termination of coverage under certain group accident and sick ness insurance policies; to provide effective dates; 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 in general, is amended by adding a new Code Section 33-24-21.1 to read as follows: MONDAY, FEBRUARY 17, 1986 1053 "33-24-21.1. (a) As used in this Code section, the term: (1) 'Eligible dependent* means a person who is entitled to medical benefits cover age under a group contract or group plan by reason of such person's dependency on or relationship to a group member. (2) 'Group contract or group plan* is synonymous with the term 'contract or plan' and means: (A) A group contract of the type issued by a nonprofit medical service corpora tion established under Chapter 18 of this title; (B) A group contract of the type issued by a nonprofit hospital service corpora tion established under Chapter 19 of this title; (C) A group contract of the type issued by a health care plan established under Chapter 20 of this title; (D) A group contract of the type issued by a health maintenance organization established under Chapter 21 of this title; or (E) A group accident and sickness insurance policy or contract, as defined in Chapter 30 of this title. (3) 'Group member' means a person who is a member of the group entitled to medical benefits coverage under a group contract or group plan and who is an insured, certificate holder, or subscriber under the contract or plan. (4) 'Insurer' means an insurance company, nonprofit hospital service corporation, medical service nonprofit corporation, health care plan, or health maintenance orga nization. (b) Each group contract or group plan delivered or issued for delivery in this state, other than a group accident and sickness insurance policy, contract, or plan issued in connection with an extension of credit, which provides hospital, surgical, or major medi cal coverage, or any combination of these coverages, on an expense incurred or service basis, excluding contracts and plans which provide benefits for specific diseases or acci dental injuries only, shall provide that members whose insurance under the group con tract or plan would otherwise terminate shall be entitled to continue their hospital, surgical, and major medical insurance coverage under that group contract or plan for themselves and their eligible dependents. (c) Any group member whose coverage has been terminated and who has been con tinuously covered under the group contract or group plan, and under any contract or plan providing similar benefits which it replaces, for at least three months immediately prior to such termination, shall be entitled to have his or her coverage and the coverage of his or her eligible dependents continued under the contract or plan. Such coverage must continue for the fractional policy month remaining, if any, at termination plus six additional policy months upon payment of the premium to the policyholder or employer, at the same rate for active group members set forth in the contract or plan, on a monthly basis in advance as such premium becomes due during this coverage period. Such premium payment must include any portion of the premium paid by a former employer or other person if such employer or other person no longer contributes pre mium payments for this coverage. At the end of such period, the group member shall have the same conversion rights that were available on the date of termination of cover age in accordance with the conversion privileges contained in the group contract or group plan. (d) A group member shall not be entitled to have coverage continued if: (1) termina tion of coverage occurred because the group member failed to pay any required con tribution; or (2) any discontinued group coverage is immediately replaced by similar group coverage. Further, a group member shall not be entitled to have coverage con tinued if the group contract or group plan was terminated in its entirety or was termi nated with respect to a class to which the group member belonged. This subsection shall not affect conversion rights available to a group member under any contract or plan. (e) If the group contract or group plan terminates while any group member's cover age is being continued, the group administrator, as prescribed by the insurer, must notify each such group member that he or she must exercise his or her conversion rights within 30 days of such notice. 1054 JOURNAL OF THE HOUSE, (f) Every group contract or group plan, other than a group accident and sickness insurance policy, contract, or plan issued in connection with an extension of credit, which provides hospital, surgical or major medical expense insurance, or any combi nation of these coverages, on an expense incurred or service basis, excluding policies which provide benefits for specific diseases or for accidental injuries only, shall contain a conversion privilege provision. Any group member whose insurance under the group policy has been terminated for any reason other than eligibility for medicare (reaching a limiting age for coverage under the group policy) or failure of the group member to pay a required premium contribution, and who has been continuously covered under the group contract or group plan, and under any contract or plan providing similar benefits which it replaces, for at least three months immediately prior to termination shall be entitled, without evidence of insurability, to convert to individual or group coverage covering such group member and any eligible dependents who were covered under the group member's coverage under the group contract or group plan. (g) Each group certificate issued to each group member, in addition to setting forth any conversion rights, shall set forth the continuation right in a separate provision bear ing its own caption. The provision shall clearly set forth a full description of the con tinuation right available, including all requirements, limitations, and exceptions, the premium required, and the time of payment of all premiums due during the period of continuation. (h) The Commissioner shall adopt such rules and regulations as he deems necessary for the administration of this Code section. Such rules and regulations may prescribe various conversion plans, including minimum conversion standards and minimum bene fits, but not requiring benefits in excess of those provided under the group contract or group plan from which conversion is made, scope of coverage, preexisting limitations, optional coverages, reductions, notices to covered persons, and such other requirements as the Commissioner deems necessary for the protection of the citizens of this state. (i) This Code section shall apply to all group plans and group contracts delivered or issued for delivery in this state on or after July 1, 1986, and to group plans and group contracts then in effect on the first anniversary date occurring on or after July 1, 1986." Section 2. Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group accident and sickness insurance, is amended by repealing Code Section 33-30-12, which reads 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 utiliz ing 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 insur ance 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 MONDAY, FEBRUARY 17, 1986 1055 that there is a cancellation of coverage under the policy by the insurer and no replace ment 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 per sons 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 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 oppor tunity 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 per sons 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 pay ment and regardless of any reduction in premium the covered person may receive by virtue of such method of premium collection.", in its entirety. Section 3. This Act shall become effective on July 1, 1986, except that Section 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Adams,G Y Adams M NAiken NAlford Y Alien YAnderson Argo Athon N Atkins YAuten Y Bailey NBalkcom N Bannister N Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs NClark,B Y Clark L YColbert YColeman Y Colwell Y Connell Cooper Y Foster Y Galer Y Godbee N Goodwin Y Greene Greer Y Groover Y Hamilton Y Manner Y Harris Y Hasty N Hays N Heard Y Hill Lane.R vV""16' N Lawrence Y Lawson Y Lee,C Y Lee/W Y Lmder Y Logan Y Long Lord Y Lucas J^" Y Maddo* Y Pannell Y Parish Y Parnsh Y PetTre Peter. Y Ph L p inton Y Porter Y Porter Y^msTvT Y Ramsey,T rUndaU Y&, YC^ord 52= YH Y BurcL BEST 1056 JOURNAL OF THE HOUSE, N Smith,T Smyre Stancil YSteinberg YThomaa,C Thomas.M Y Thompson N Townsend Y Triplett N Twiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall 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 98, nays 40. The Bill, having received the requisite constitutional majority, was passed, by substi tute. Due to a possible conflict of interest, Representative Shepard of the 71st was excused from voting on the passage of HB 212, by substitute. HR 587. By Representative Colwell of the 4th: A resolution accepting the bid of Charles Alien Fields for the purchase of real property owned by the State of Georgia and located in Franklin County, Georgia. Representative Colwell of the 4th moved that further consideration of HR 587 be postponed until February 18, 1986, immediately following the period of unanimous con sents. The motion prevailed. HB 1327. By Representative Murphy of the 18th: A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Anno tated, relating to labor and industrial relations in general, so as to provide that it shall be unlawful for any employer to discharge, discipline, or other wise retaliate against an employee because the employee is absent from his or her employment for the purpose of attending a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or proc- The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Adams,G YAdama,M YAiken YAlford Y Alien YAnderson YArgo Athon Y Atkins Auten Y Bailey YBiukcorn Y Bannister Bargeron YBariett,B YBarnett,M YBeck Bolster Y Bostick Y Branch Y Brav YBrSks Y Brown.G Y Buck YBurruss YByrd Y Carter YChambless Chance Y ChSks Y Childers Y Childs Clark,B Y Clark,L YColbert Y Copelan Couch Cox Y Crawford Y Crosby Y Cummings Y Daugherty Y Davis Dean Y Diion Y Dobbs Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer sr Y Groover Hamilton Hanner Y Hams Y Hasty Y Hays Y Heard Y Hill Y Ho comb Y Holmes Y Hooks Home Y Hudson Y Isakson ^ack8on 'i Y Jackson.N Y Jamieson Y Johnson,D Y Kingston Y Lane.D Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y LeeW Y Lmder Y Logan Y Long ,, , Y Lucas Y Lupton vM Y Mangum Y Martin,C Y Martm,J MONDAY, FEBRUARY 17, 1986 1057 Y Milam Y Milford Moody Y Moore Y Morton Y Mostiler Y Moultrie YMueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Y Ray Y Reaves Y Redding Y Richardson Robinson.C Robinson,? Y Ross Y Royal Y Russell Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith.L Y Smith,P Y Smith.T Y Smyre 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 Wilder Williams.B Y Williams' I w'ir H v ur A "'lsn Y Wood Y Workman v Yeargm 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. Representatives Cox of the 141st, Greene of the 130th and Bargeron of the 108th stated that they had been called from the floor of the House during the preceding roll call. They wished to vote "aye" thereon. Under the general order of business, established by the Committee on Rules, the following Resolution of the House was again taken up for consideration: 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; to provide that funds may be appropriated and insurance pur chased for such purpose; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article III, Section VI, Paragraph VI of the Constitution is amended by adding a new subparagraph (c) to read as follows: "(c) The General Assembly shall provide by law for a program of indemnification with respect to the death or permanent disability of any district attorney of this state 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. Funds shall be appropriated as necessary for payment of such indemnification or for the purchase of insurance for such indemnification or both. Such indemnification shall be in the same amount as now or hereafter provided for indemnification with respect to the death or permanent disability of law enforcement officers, firemen, and prison guards." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that the General Assembly 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, 1058 JOURNAL OF THE HOUSE, 1977, while engaged in the apprehension or attempted apprehension of a criminal?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The following Committee substitute was read: 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 or assistant 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; to provide that funds may be appropriated and insurance purchased for such purpose; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA: Section 1. Article HI, Section VI, Paragraph VI of the Constitution is amended by adding a new subparagraph (c) to read as follows: "(c) The General Assembly shall provide by law for a program of indemnification with respect to the death or permanent disability of any district attorney or assistant district attorney who is or has been killed or permanently disabled subsequent to Janu ary 1, 1977, while engaged in the apprehension or attempted apprehension of a criminal. Funds shall be appropriated as necessary for payment of such indemnification or for the purchase of insurance for such indemnification or both. Such indemnification shall be in the same amount as now or hereafter provided for indemnification with respect to the death or permanent disability of law enforcement officers, firemen, and prison guards." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that the General Assembly shall provide by law for a program of indemnification with respect to the death or permanent disability of any district attorney or assistant district attorney who is or has been killed or permanently dis abled subsequent to January 1, 1977, while engaged in the apprehension or attempted apprehension of a criminal?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The following amendment was read and lost: Representative Shepard of the 71st moves to amend the Committee substitute to HR 445 by changing on lines 6 and 20, "1977" to "1987", and by adding on lines 7 and 22, after the word "criminal" the following: "while carrying out the duties of that office." MONDAY, FEBRUARY 17, 1986 1059 The committee substitute was adopted. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Adams.G N Adams.M Y Aiken Y 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 Beck Benefield YBenn Birdsong Y Bishop Y Bolster Bostick N Branch YBray N Brooks Y Brown.G NBuck Burruss NByrd Carter N Chambless Y Chance N Cheeks Y Childers Y Childs N Clark.B Y Clark,L N Colbert Y Coleman N Colwell Y Connell Y Cooper N Copelan N Couch YCoi N Crawford Crosby N Cummings Y Daugherty NDavis YDean Y Oiion NDobbs N Dover YDunn Y Edwards N Felton N Floyd N Foster NGaler Godbee N Goodwill NGreene Greer N Groover Y Hamilton Y Manner N Harris N Hasty NHays N Heard NHill N Holcomb Y Holmes Y Hooks Y Home N Hudson Ylsakson Y Jackson,J N Jackson,N N Jamieson Y Johnson.D N Johnson.F Y Johnson,R N Johnson,S N Kilgore N Kingston NLane,D Lane,R N Lawler Y Lawrence YLawson NLee.C NLee,W Linder NLogan YLong YLord Y Lucas N Lupton N Maddox N Mangum YMartin,C Y Martin.J Matthews Y McDonald Y McKelvey Y McKinney NMilam Y Milford N Moody Y Moore N Morton N Mostiler N Moultrie N Mueller Oliver.C Y Padgett Y Pannell YParham NParrish Patten N Peters Y Pettit N Phillips Y Pinkston N Porter Rainey Y Ramsey.T N Ramsey.V YRandall N Ransom YRay N Reaves Y Redding N Richardson Robinson.C N Robinson.P NRoss N Royal Russell NSelman N Shepard Y Sherrod Sinkfield N Sizemore Y Smith,L N Smith,P Y Smith.T N Smyre N Stancil N Steinberg N Thomas,C Y Thomas.M Y Thompson N Townsend Y Triplett YTwiggs N Waddle Y Waldrep Y Walker.C N Walker,L Y Wall Ware Y Watson Watte White N Wilder N Williams,B N Williams,,! N Williams.R Y Wilson N Wood Y Workman N Yeargin Young Murphy.Spkr On the adoption of the Resolution, by substitute, the ayes were 66, nays 89. The Resolution, having failed to receive the requisite two-thirds constitutional major ity, was lost. The following Resolution of the House was read and adopted: HR 750. By Representatives Byrd of the 153rd, Lane of the lllth, Godbee of the 110th, Foster of the 6th, Sherrod of the 143rd and others: A resolution recognizing and commending the officials of the Youth Assem bly. The Speaker announced the House in recess until 1:45 o'clock, this afternoon. 1060 JOURNAL OF THE HOUSE, AFTERNOON SESSION The Speaker Pro Tern called the House to order. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 665. By Representative Carter of the 146th: A resolution commending Willie B. McGee, Jr., and inviting him to appear before the House of Representatives. The following Resolution of the House, favorably reported by the Committee on Rules, was read: HR 657. By Representative Burruss of the 20th: A RESOLUTION Amending H.R. 3, relative to officials, employees, and committees in the House of Representatives, adopted at the 1985 session, as amended; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that H.R. 3, relative to officials, employees, and committees in the House of Representatives, adopted at the 1985 session, as amended, is amended by adding a new paragraph at the end of Part VII to read as follows: "The Speaker is authorized to provide for a House Research Office. He is authorized to employ personnel for said office and fix the compensation therefor. Such office shall perform research for officers and members of the House of Representatives. The House Research Office shall have such other authority, duties, and functions as the Speaker may provide. This paragraph shall become effective at the same time as a bill abolishing the Legislative Educational Research Council becomes effective." On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Adams,G Y Adams.M Y Aiken Y Alford Alien Y Anderson Argo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Benefield Benn Birdsong Bishop Bolster Y Bostick Branch YBray Y Brooks Brown.G 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 Connell Y Cooper Y Copelan Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Dobbs Y Dover Y Dunn Edwards Y Felton Y Ployd Y Foster Y Galer YGodbee Y Goodwin Y Greene Greer Y Groover Hamilton Manner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Hooks Home Y Hudson Y Isakson Y Jackson.J Y Jackson.N Jamieson Y Johnson.D 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 Linder YLogan YLong YLord Y Lucas Lupton Y Maddoi 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 Y Mueller Y Oliver.C Y Padgett Y Pannell Parham Y Parrish Patten Y Peters Pettit Phillips Pinkston Porter Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay MONDAY, FEBRUARY 17, 1986 1061 Y Reaves Y Redding Y Richardson Robinson.C Y Robinson,? ROM Royal Y Russell YSelraan Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith,T YSmyre Y Stancil Y Steinberg 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 Y Wilder Y Williams,B On the adoption of the Resolution, the ayes were 124, nays 0. The Resolution was adopted. Williams.J Y Williams,R Y Wilson Y Wood Workman Y Yeargin Young Murphy,Spkr The following Resolutions of the House were read and adopted: HR 752. By Representative Yeargin of the 14th: A resolution encouraging textile manufacturers to place "Grafted With Pride In the USA" logos on the exterior of textiles. HR 753. By Representatives Dover of the llth, Jamieson of the llth, Colwell of the 4th and Twiggs of the 4th: A resolution commending Dr. Ronald Edsel Weitman. HR 754. By Representatives Jamieson of the llth, Dover of the llth, Colwell of the 4th and Twiggs of the 4th: A resolution recognizing Truett-McConnell College. HR 755. By Representatives Goodwin of the 63rd, Isakson of the 21st, Linder of the 44th, Felton of the 22nd, Davis of the 45th and others: A resolution commending Honorable Newton Leroy "Newt" Gingrich, member of the United States House of Representatives from the 6th Con gressional District of Georgia. HR 756. By Representatives Kilgore of the 42nd, Watts of the 41st and Lee of the 70th: A resolution relative to Youth Art Month in Georgia. HR 757. By Representatives Ray of the 98th, Walker of the 115th and Hooks of the 116th: A resolution expressing regret at the passing of Mayor J. L. "Honey" Turner. HR 758. By Representative Aaron of the 56th: A resolution recognizing and commending Gregory T. Baranco. HR 759. By Representative Chance of the 129th: A resolution in memory of Freddie R. Helmly. HR 760. By Representative Chance of the 129th: A resolution in memory of Hubert 0. Carr. 1062 JOURNAL OF THE HOUSE, HR 761. By Representatives Lee of the 72nd, Benefield of the 72nd, Johnson of the 72nd, Bailey of the 72nd and Holcomb of the 72nd: A resolution commending Mr. J. E. "Gene" Sutherland. 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 1662. By Representatives Ross of the 82nd, Murphy of the 18th, Lee of the 72nd, Pinkston of the 100th, Lord of the 107th and others: A bill to amend Code Section 20-2-188 of the Official Code of Georgia Anno tated, relating to pupil transportation provisions of the "Quality Basic Edu cation Act," so as to change the provisions relative to the minimum salary for school bus drivers. 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 Aiken Y Alford Alien Y Anderson Argo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Benefield YBenn Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Brown.G YBuck Y Burruss Byrd Y Carter Chambless Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark.L Y Colbert Coleman Y Colwell Connell Y Cooper Copelan Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis YDean Dixon Y Dobbs Y Dover YDunn Edwards Felton Y Floyd Y Foster Y Galer Godbee Good win Y Greene Greer Y Groover Hamilton Manner Y Harris Y Hasty Hays Y Heard Hill Y Holcomb Y Holmes Hooks Home Y Hudson Y Isakson Y Jackson.J Y Jackson.N Y Jamieson Johnson.D 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 Y Lee.W Linder Logan Long YLord Y Lucas Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Matthews McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Pannell Parham Y Parrish Patten Y Peters Y Pettit Phillips Y Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V Y Randall Ransom YRay Y Reaves Y Redding Y Richardson Robinson.C Robinson,P YRoss Royal Y Russell Selman On the passage of the Bill, the ayes were 113, nays 0. The Bill, having received the requisite constitutional majority, was Y Shepard Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,P Smith.T Y Smyre Stencil Y Steinberg Y Thomas.C Thomas.M Y Thompson Townsend Triplett Y Twiggs Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Ware Watson Y Watts White Y Wilder Y Williams.B Williams,J Y Williams.R Y Wilson Y Wood Workman Y Yeargin Young Murphy ,Spkr Representatives Chance of the 129th and Sherrod of the 143rd stated that they had been called from the floor of the House during the preceding roll call. They wished to vote "aye" thereon. MONDAY, FEBRUARY 17, 1986 1063 SB 135. By Senator Hudgins of the 15th: A bill to amend Code Section 17-5-50 of the Official Code of Georgia Anno tated, relating to record of property alleged to be stolen, embezzled, or other wise unlawfully obtained and return of property to rightful owner, so as to change the provisions relating to the return of stolen vehicles to persons evi dencing ownership of such vehicles through certificates of evidence. 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 Adaras.M Y Aiken Y Alford Alien Y Anderson Argo Y Athon Y Atkins Y Auten Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Benefield YBenn Birdsong Y Bishop Bolster Y Bostick Y Branch YBray Brooks Brown,G 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 Connell Y Cooper Copelan Couch Cox Y Crawford Y Crosby Y Cummings Daugherty Y Davis YDean Dixon Dobbs Y Dover Y Dunn Edwards Felton Y Floyd Y Foster Y Galer God bee Good win Greene Greer Y Groover Hamilton Manner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Hooks Home Y Hudson YIsakson 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 YLee,C Y Lee.W Linder Logan Long YLord Y Lucas Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Matthews McDonald Y McKelvey McKinney Y Milan) Y Milford Y Moody Y Moore Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Parham Y Parrish Patten Y Peters Y Pettit Phillips Pinkston Porter Y Rainey Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Redding Y Richardson Y Robinson.C Y Robinson,P YRoss Royal Russell Y Selman Y Shepard Sherrod Sinkfield Y Sizemore Y Smith.L Y Smith,? Y Smith.T Y Smyre Stancil Y Steinberg Thomas.C Thomas,M Y Thompson 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 WilliamsJ Y Williams.R Y Wilson Y Wood Workman Y Yeargin Young Murphy.Spkr On the passage of the Bill, the ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 437. By Senators Garner of the 30th, Kennedy of the 4th, Engram of the 34th and others: A bill to amend Code Section 42-2-2 of the Official Code of Georgia Anno tated, relating to members of the Board of Corrections, so as to provide to members of the Board of Corrections reimbursement for expenses incurred for travel to and attendance at authorized committee meetings out of the state. 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: 1064 JOURNAL OF THE HOUSE, Aaron Adams.G Y Adams.M Y Aiken Y Alford Alien Y Anderaon Argo Y Athon Y Atkins Y Auten Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Benefield YBenn Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Brown.G YBuck Y Burruss Byrd Y Carter Chambless Chance Y Cheeks Y Childers Childs Y Clark.B Clark.L Y Colbert Coleman Y Colwell Connell Y Cooper Copelan Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis YDean Dixon Dobbs Y Dover Y Dunn Edwards Felton Y Floyd Y Foster YGaler Godbee Goodwin Greene Greer Y Groover Hamilton Hanner Y Harris Y Hasty YHays Y Heard YHill Holcomb Y Holmes Hooks Home Y Hudson YIsakson Y Jackson.J Y Jackson.N Jamieson Johnson.D Johnson,F Y Johnson.R Y Johnson,S Kilgore Y Kingston YLane.D YLane.R Y Lawler Y Lawrence Y Lawson YLee.C YLee.W Under Logan Long YLord Lucas Lupton Y Maddox Y Mangum Martin.C Y Martin,J Matthews McDonald Y McKelvey McKinney YMilam Milford Y Moody Y Moore Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Parham YParrish Patten Y Peters Y Pettit Phillips Y Pinkston Porter Y Rainey Ramsey.T Y Ramsey.V RandaJl Ransom YRay Y Reaves Y Redding Y Richardson Robinson.C Robinson.P YRoss Royal Y Russell YSelman On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was Y Shepard Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith.P Y Smith.T Y Smyre Y Stancil Y Steinberg Thomas.C Thomas,M Thompson Townsend Y Triplett YTwiggs Waddle Y Waldrep Y Walker.C Y Walker,L YWall Ware Y Watson Y Watts White Y Wilder Y WiUiams,B WiUiams^I Y Williams.R Y Wilson YWood Workman Y Yeargin Young Mutphy,Spkr HR 690. By Representatives Walker of the 115th, Murphy of the 18th, Godbee of the 110th, Mangum of the 57th, Thomas of the 69th and others: A resolution providing for the designation of the "Henry L. Reaves Arena." The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Adams,G Y Adams.M Y Aiken Y Alford Alien Y Anderson Argo Y Athon Y Atkins Y Auten Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Benefield Benn Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Brown,G YBuck Y Burruss YByrd Y Carter Chambless Chance Y Cheeks Y Childere 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 YDean Dizon YDobbs Y Dover YDunn Edwards Y Felton Y Floyd Y Foster YGaler Y Godbee YGoodwin Y Greene Greer Y Groover Y Hamilton Manner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home Y Hudson Ylsakson Y JacksonJ Y Jackson.N Jamieson Y Johnson.D Y Johnson,F Y Johnson.R Y Johnson.S Kilgore Y Kingston YLane.D YLane.R Y Uwler Lawrence YLawson YLee,C YLee,W Under YLogan YLong YLord MONDAY, FEBRUARY 17, 1986 1065 Lucas Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J 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 Padgett Y Pannell Y Parham Y Fairish Patten Y Peters Y 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 Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L Y Smith.P Y Smith,T YSmyre 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 Y Wilder Y Williams.B Williams.J Y Williams.R Y Wilson Y Wood Workman Y Yeargin Young Murphy.Spkr On the adoption of the Resolution, the ayes were 136, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. Due to a possible conflict of interest, Representative Reaves of the 147th was excused from voting on the adoption of HR 690. HR 691. By Representatives Walker of the 115th, Murphy of the 18th, Godbee of the 110th, Mangum of the 57th, Thomas of the 69th and others: A resolution providing for the designation of the "Sam P. McGill Exhibition Building". The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Aaron Adams,G Y Adams.M Y Aiken Y Alford Alien Y Anderson Argo Y Athon Y Atkins YAuten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Barnett.M YBeck Benefield Benn Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G 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 YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Dixon Dobbs Y Dover Y Dunn Edwards Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Manner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Hooks Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Jamieson Y Johnson.D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston YLane,D YLane.R Y Lawler Lawrence Y Lawson YLee.C YLee,W Linder YLogan YLong YLord Y Lucas Lupton Y Maddox Y Mangum Y Martin.C Martin,J Matthews McDonald Y McKelvey McKinney Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Pajrish Patten Peters Y Pettit Phillips Y Pinkston Y Porter Rainey Y Ramsey.T 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 Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith.L Smith.P Y Smith,T YSmyre Y Stancil Y Steinberg Y Thomas.C Thomas.M Y Thompson Townsend Y Triplett Y Twiggs Waddle Y Waldrep Y Walker.C Y Walker,L 1066 JOURNAL OF THE HOUSE, Y Wall Ware Watson Y Watts White Y Wilder Williams,B Williama.J Y Williams.R Y Wilson YWood Workman Y Yeargin Young Murphy,Spkr On the adoption of the Resolution, the ayes were 126, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 1591. By Representatives Murphy of the 18th and Richardson of the 52nd: A bill to amend Code Section 31-6-44 of the Official Code of Georgia Anno tated, relating to the Health Planning Review Board and administrative and judicial review of agency decisions, so as to provide that any party to an appeal hearing excluding the planning agency may seek judicial review of a decision of the Health Planning Review Board. 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 AdamB.G Y Adams.M Y Aiken Y Alford Alien Y Anderson Argo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Benefield Benn Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G YBuck YBurruss YByrd Y Carter Chambless Y Chance Y Cheeks Y Childere Y Childs Y 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 YDean Dixon Dobbs Y Dover YDunn Edwards Felton Y Floyd Y Foster YGaler YGodbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Manner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Hooks Home Y Hudson Ylsakson 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 YLane,R Y Lawler Y Lawrence Y Lawson YLee,C YLee,W Linder YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Martin.C Y MartinJ Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Mueller Y Oliver.C Y Padgett Y PanneU YParham YParrish Patten Y Peters Y Pettit Phillips Y Pinkston Porter Y Rainey Y Ramsey.T Ramsey.V YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P YRoss Y Royal Russell Y Selman Y Shepard Y Sherrod Sinkfield Sizemore Y Smith,L Y Smith,P Y Smith.T Y Smyre Y Stancil Y Steinberg Y Thomas.C Thomas,M Thompson Townsend Y Triplet! YTwiggs Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White Y Wilder Williams.B Williams.J Y Williams.R Wilson YWood Workman Y Yeargin 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. SB 420. By Senators Turner of the 8th, McKenzie of the 14th, Harris of the 27th 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 legislative findings, determinations, and declarations; to MONDAY, FEBRUARY 17, 1986 1067 change the purposes of the authority; to change the powers of the authority; to change definitions; to change the composition of the authority's member ship; to provide for unsecured loans. The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend Senate Bill 420 as follows: On page 29, lines 21 through 33, delete the following: "(9) To the extent that the state ceiling allocation in Georgia between the Georgia Residential Finance Authority, urban residential finance authorities, and housing authorities imposed by and defined in the Mortgage Subsidy Bond Tax Act of 1980 is hereafter changed by Congress so that the allocation formula and procedure pro vided for by this subsection is no longer permitted by federal law, the Governor shall have the power and authority to prescribe an allocation among the aforementioned authorities until such time as the General Assembly can prescribe for the same by law." 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 Adams.G Y Adams.M Y Aiken Y Alford Alien Y Anderson Argo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Bamett,M YBeck Benefield Benn Birdsong Bishop Bolster Y Bostick Y Branch Bray Y Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter Chambless Y Chance Y Cheeks Y Childere Y Childs Y Clark,B Y Clark,L Y Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Couch YCoi Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Dixon Dobbs Y Dover YDunn Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwill Y Greene Greer Groover Hamilton Hanner Y Harris 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 Y Johnson.R Y Johnson.S Y Kilgore Y Kingston YLane.D Y Lane,R Y Lawler Y Lawrence Y Lawson Y Lee.C YLee.W Y Under YLogan YLong 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 Y Padgett Y Pannell Parham Y Parrish Patten Peters Y Pettit Phillips Pinkston Porter Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,? YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Sizemore Y Smith.L Y Smith,? Y Smith.T YSmyre Y Stancil Y Steinberg Y Thomas.C Thomas.M Y Thompson 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 Williams,.! Y Williams.R Y Wilson Y Wood Workman Y Yeargin Young Murphy.Spkr On the passage of the Bill, as amended, the ayes were 132, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. 1068 JOURNAL OF THE HOUSE, HB 181. By Representatives Holmes of the 28th, Brooks of the 34th, Lane of the 27th, McKinney of the 35th, Bolster of the 30th and others: 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams.M Y Aiken Y Alford Alien Y Anderson 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 YBray Y Brooks Y Brown.G YBuck Burruas YByrd Y Carter Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Clark.L Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Couch YCox Y Crawford Crosby Y Cummings Daugherty Y Davis YDean Y Dixon Dobbs Y Dover Y Dunn Y Edwards Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Greene Greer Y Groover Hamilton Hanner Y Harris Y Hasty Hays Y Heard YHill Y Holcomb Y Holmes Hooks Home Y Hudson Isakson 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 Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee,W Y Under Y Logan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum 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 Mueller Y Oliver.C Y Padgett Y Pannell Parham Y Parrish Patten Peters Y Pettit Phillips Pinkston Y Porter 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 Y Selman Y Shepard Y Sherrod Sinkfield Y Sizemore Y Smith.L Y Smith,? Y Smith.T YSmyre N Stancil Stein berg Y Thomas.C Thomas,M Y Thompson 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 Williams,J N Williams,R Y Wilson Y Wood Workman Y Yeargin Young Murphy ,Spkr On the passage of the Bill, the ayes were 125, nays 2. The Bill, having received the requisite constitutional majority, was passed. HR 661. By Representatives Johnson of the 123rd, Morton of the 47th, Reaves of the 147th, Adams of the 79th, Patten of the 149th and others: A resolution recognizing aquaculture, including the culture and commercial harvesting of fresh-water fish, estuarine fish, marine fish, and shellfish, as a form of agriculture. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Adams.G Y Adams.M Aiken Alford Alien Y Anderson Argo Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Bargeron MONDAY, FEBRUARY 17, 1986 1069 Y Barnett.B Y Barnett.M Y Beck Benefield Y Benn Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G Y Buck Y Burruss YByrd Y Carter Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Couch Y Cox Y Crawford Crosby Y Cummings Daugherty Y Davis Y Dean Dixon Dobbs Y Dover Y Dunn Y Edwards Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Hanner Y Harris Y Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes 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 Lawson Y Lee.C Y Lee.W Y Linder Y Logan Y Long Y Lord Y Lucas 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 Mueller Y Oliver.C Y Padgett Y Pannell Parham Y Parrish Patten Peters Y Pettit Y Phillips Pinkston Porter Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Y Ray Y 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,P Y Smith,T Y Smyre Y Stancil Steinberg Thomas.C Thomas.M Y Thompson Townsend Y Tnplett Y Twiggs Y Waddle Y Waldrep Y WaHier.C Y Walker,!. Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Williams,J Y Williams.R Y Wilson Y Wood Workman YeTrrin YonT TMun8 Murphy.Spkr On the adoption of the Resolution, the ayes were 126, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. Representative Mueller of the 126th stated that she had been called from the floor of the House during the preceding roll call. She wished to vote "aye" thereon. HB 1544. By Representatives Burruss of the 20th, Wilson of the 20th and Kilgore of the 42nd: A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to juries, so as to provide for an exemption from jury duty for certain women; to provide for practices, procedures, limitations, and conditions in connection with such exemptions; to provide for stylistic and grammatical corrections. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams.M Aiken YAlford Alien Y Anderson Argo N Athon Y Atkins Y Auten Bailey Balkcom N Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Benefield N Benn Birdsong Y Bishop Y Bolster Y Bostick Y Branch Y Bray N Brooks Y Brown.G N Buck Y Burruss YByrd Y Carter Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark,L Colbert Coleman Y Colwell Connell Y Cooper Y Copelan N Couch Y Cox Y Crawford Y Crosby Y Cummings Daugherty Y Davis N Dean Y Dixon Dobbs Y Dover YDunn Y Edwards Felton Y Floyd Y Foster N Galer Y Godbee Y Goodwin Y Greene 1070 JOURNAL OF THE HOUSE, Greer Y Groover Y Hamilton Hanner Y Harris Y Hasty YHays Y Heard NHill Y Holcomb Y Holmes 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 Y Lane.R Y Lawler Y Lawrence Lawaon N Lee.C YLee.W Y Linder Y Logan YLong YLord Y Lucas Lupton Y Maddox Y Mangum Y Martin.C N Martin,J Matthews Y McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Mueller Y Oliver.C Y Padgett Y Pannell Parham Y Parrish Patten Peters N Pettit Y Phillips Pinkston Porter Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves N Redding Y Richardson Y Robinson.C Robinson.P YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Sinkfield Sizemore Y Smith.L Y Smith.P Y Smith.T Smyre Y Stancil Steinberg Y Thomas.C Thomas.M Y Thompson Townsend Y Triplet! 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 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 123, nays 14. The Bill, having received the requisite constitutional majority, was passed. HB 1366. By Representatives Walker of the 115th, Murphy of the 18th and Lee of the 72nd: A bill to amend Code Section 28-1-8 of the Official Code of Georgia Anno tated, relating to the salary and allowances of members and officers of the General Assembly, so as to authorize additional compensation for the assis tant administration floor leaders of the House of Representatives. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams.M Y Aiken Y Alford Alien Y Anderson Argo Y Athon Y Atkins Y Auten Y Bailey Balkcom N Bannister Y Bargeron Y Barnett,B Y Barnett.M Beck Benefield YBenn Birdsong Y Bishop Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter Chambless Y 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 Crawford Y Crosby Y Cummings Daugherty N Davis YDean Dixon Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Greene Greer Y Groover Hamilton Hanner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Holmes 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 Y Kingston Y Lane,D Y Lane.R Y Lawler N Lawrence Lawson YLee.C YLee.W Y Linder Y Logan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Matthews Y McDonald Y McKelvey McKinney Milam Milford Moody Moore N Morton Y Mostiler Y Moultrie Mueller Y Oliver.C Y Padgett Y Pannell Parham Y Parrish Patten Peters Y Pettit Y Phillips Pinkston Porter Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Ray Y 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.P Y Smith,T Smyre Y Stancil Steinberg Y Thomas.C MONDAY, FEBRUARY 17, 1986 1071 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 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 125, nays 4. The Bill, having received the requisite constitutional majority, was passed. HB 1444. By Representatives Lane of the lllth, Godbee of the 110th, Murphy of the 18th, Parrish of the 109th, Coleman of the 118th and others: A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to authorize and direct the commissioner of revenue to design a special distinctive license plate for Georgia Southern College. The following amendment was read and adopted: The Committee on Motor Vehicles moves to amend H.B. 1444 as follows: Page 1 - Line 19: Add an "s" to the word "year" Remove the "comma" after 1987 and add the words "through 1989," Line 19 should then read: (b) "In calendar years 1987 through 1989, any motor vehicle owner" 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 Adams G YAdams,M Y Aiken YAlford Alien Y Anderson Argo YAthon Y Atkins YAuten Y Bailey Balkcom Y Bannister Y Bargeron YBarnett,B Y Barnett,M Y Beck YBenefield Benn Birdsong Y Bishop Y Bolster YBostick Y Branch Bray Y Brooks YBrown,G YBuck Y Burruss Y Byrd Y Carter Chambless Y Chance Y Cheeks Y Childers YChilds YClark.B Y Clark,L Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch Y Cox Crawford Y Crosby Y Cummings Daugherty Y Davis YDean Diion Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Hanner Y Harris Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes 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 Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under Y Logan Y Long Y Lord 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 Mortal Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Parham Y Parrish Patten Peters Y Pettit Y Phillips Pinkston Y Porter Ramey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Y Ray Y Reaves Y Redding Y Richardson Y Robmson.C Y Robinson,P Y Ross Y Royal Y Russell Y Selman Y Shepard 1072 JOURNAL OF THE HOUSE, Y Sherrod YSinkfield Y Sizemore Y Smith.L Y Smith.P YSmith.T Y Smyre Y Stancil Steinberg Y Thomas,C Thomas,M Y Thompson YTownsend 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 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 145, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. 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 Pro Tem announced the House adjourned until 10:00 o'clock, tomorrow morning. TUESDAY, FEBRUARY 18, 1986 1073 Representative Hall, Atlanta, Georgia Tuesday, February 18, 1986 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 Julian Brachman, Pastor, First United Methodist Church, Conyers, 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 intro duced, read the first time and referred to the committees: HB 1851. By Representatives Buck of the 95th, Galer of the 97th, Robinson of the 96th, Moultrie of the 93rd, Bishop of the 94th and others: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Muscogee County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia Annotated. Referred to the Committee on State Planning & Community Affairs - Local. HB 1852. By Representatives Childs of the 53rd, Williams of the 54th, Redding of the 50th, Mangum of the 57th, Linder of the 44th and others: A bill to amend an Act creating and establishing a new charter and munici pal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, so as to change, enlarge, and extend the corporate limits of the City of Decatur. Referred to the Committee on State Planning & Community Affairs - Local. 1074 JOURNAL OF THE HOUSE, HB 1853. By Representatives Jackson of the 9th, Lawson of the 9th and Wood of the 9th: 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 power of the board of commissioners of Hall County to license, tax, and regulate businesses and occupations in the unincorporated area of Hall County. Referred to the Committee on State Planning & Community Affairs - Local. HB 1855. By Representatives Johnson of the 21st, Atkins of the 21st, Wilder of the 21st, Aiken of the 21st, Cooper of the 20th 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 provides a homestead exemption of $6,000.00 from all City of Smyrna ad valorem taxes for resi dents of the City of Smyrna who are disabled and who have a net income not exceeding $6,000.00 per year. Referred to the Committee on State Planning & Community Affairs - Local. HB 1856. By Representatives Johnson of the 21st, Atkins of the 21st, Aiken of the 21st, Wilder of the 21st, Cooper of the 20th 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 authorizes the Mayor and Council of the City of Smyrna to exempt from ad valorem taxation an amount not to exceed $4,000.00 of the value of the homestead of certain resi dents of the City of Smyrna. Referred to the Committee on State Planning & Community Affairs - Local. HB 1857. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Lawson of the 9th: A bill to amend an Act providing for districts for the election of the Board of Education of Gwinnett County, so as to change the method of compen sating the board. Referred to the Committee on State Planning & Community Affairs - Local. HB 1858. By Representatives Barnett of the 59th, Bannister of the 62nd, Martin of the 60th, Jackson of the 9th and Wood of the 9th: A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to change the compensation of the judges of the state court. Referred to the Committee on State Planning & Community Affairs - Local. HB 1859. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd: 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 authorizing the General Assembly to create a merit system of employment for present and future employees of Gwinnett County other than elected officials. Referred to the Committee on State Planning & Community Affairs - Local. TUESDAY, FEBRUARY 18, 1986 1075 HB 1860. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd: 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 empowering the board of commissioners of Gwinnett County to license and regulate busi nesses and levy license taxes on businesses in the county and to grant fran chises for solid waste collection and disposal, ambulance service, and cable television. Referred to the Committee on State Planning & Community Affairs - Local. HB 1861. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd: 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 authorizing the board of commissioners of Gwinnett County to provide systems of gar bage disposal, acquire and operate sanitary landfills, levy a tax, divide the county into territorial sanitation districts, and procedures connected there with. Referred to the Committee on State Planning & Community Affairs - Local. HB 1862. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd: 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 Gwinnett County Industrial Building Authority and provisions for its powers, authority, funds, purposes, and procedures. Referred to the Committee on State Planning & Community Affairs - Local. HB 1863. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd: 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 an elected board of education and an appointed county superintendent of schools for Gwinnett County. Referred to the Committee on State Planning & Community Affairs - Local. HB 1864. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd: 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 empowering the board of commissioners of Gwinnett County to promulgate ordinances imposing speed limits, weight limits on bridges, and truck routes and ordi nances protecting the health, welfare, and safety of the citizens. Referred to the Committee on State Planning & Community Affairs - Local. HB 1865. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd: 1076 JOURNAL OF THE HOUSE, A bill to amend an Act providing for the education districts for the election of members of the Board of Education of Gwinnett County, so as to provide a term of one year for a member to serve as chairman. Referred to the Committee on State Planning & Community Affairs - Local. HB 1866. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd: 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 estab lishment of a water, sanitation, sewerage, and fire protection district in Gwinnett County and the levying of taxes for such services in such district. Referred to the Committee on State Planning & Community Affairs - Local. HB 1867. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd: 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 authorizing the governing authority of Gwinnett County to establish and administer fire protection districts and sewerage districts in the unincorporated area of the county. Referred to the Committee on State Planning & Community Affairs - Local. HB 1868. By Representatives Childs of the 53rd, Davis of the 45th, Williams of the 48th, Morton of the 47th, Linder of the 44th and others: A bill to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, so as to change certain fees. Referred to the Committee on State Planning & Community Affairs - Local. HB 1869. By Representatives Milford of the 13th and Clark of the 13th: A bill to amend an Act placing the coroner of Hart county on an annual salary in lieu of the fee system of compensation, so as to change the compen sation of the coroner. Referred to the Committee on State Planning & Community Affairs - Local. HB 1870. By Representative Crawford of the 5th: A bill to provide for the method of filling vacancies in the membership of Chattooga County Hospital Authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 1871. 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 was proposed by Resolution Act No. 44 and which relates to the Chattooga County Develop ment Authority and its powers and operations. Referred to the Committee on State Planning & Community Affairs - Local. TUESDAY, FEBRUARY 18, 1986 1077 HB 1872. By Representative Barnett of the 10th: A bill to repeal the "Forsyth County Water and Sewerage Authority Act"; to abolish the Forsyth County Water and Sewerage Authority; to provide that Forsyth County shall be the successor in interest to the authority and shall succeed to all rights and obligations of the authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 1873. By Representative Barnett of the 10th: A bill to amend an Act creating the Etowah-Forsyth Water Authority, so as to change the method of appointment of members of the authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 1874. By Representative Hamilton of the 124th: 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 locksmiths; to provide for criminal records identification of applicants for licensure; to require registration of locksmiths' master code books. Referred to the Committee on Industry. HB 1875. By Representative Hamilton of the 124th: A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Anno tated, relating to landlord and tenant, so as to provide that upon vacation by a tenant of any real property used as a dwelling unit, the owner of such property shall replace all locks on such unit prior to delivery of possession to a new tenant. Referred to the Committee on Industry. HB 1876. By Representatives Pannell of the 122nd, Pinkston of the 100th and Home of the 103rd: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to add interest-bearing deposits of financial insti tutions to the list of permitted investments by the governing body of a municipality, county, school district, or other local governmental unit or political subdivision. Referred to the Committee on Banks & Banking. HB 1877. By Representatives Alien of the 127th, Pannell of the 122nd, Hamilton of the 124th, Johnson of the 123rd and Mueller of the 126th: 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 magistrate court; to provide for the appointment of additional magistrates. Referred to the Committee on State Planning & Community Affairs - Local. HB 1878. By Representatives Goodwin of the 63rd, Home of the 103rd, Isakson of the 21st and Linder of the 44th: 1078 JOURNAL OF THE HOUSE, A bill to amend Code Section 48-1-6 of the Official Code of Georgia Anno tated, relating to the filing of false returns or reports relative to revenue and taxation with the intent to defraud the state and penalties therefor, so as to revise the provisions of said Code section and to increase the penalties for a violation of said Code section. Referred to the Committee on Judiciary. HB 1879. By Representatives Goodwin of the 63rd, Isakson of the 21st, Lawson of the 9th and Linder of the 44th: A bill to amend Code Section 16-13-41 of the Official Code of Georgia Anno tated, relating to prescriptions for controlled substances, so as to require that a duplicate shall be made of prescriptions for certain controlled substances and that such duplicate shall be mailed to the Composite State Board of Medical Examiners. Referred to the Committee on Health & Ecology. HB 1880. By Representative Parrish of the 109th: A bill to create the Metter-Candler County Airport Authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 1881. By Representatives Steinberg of the 46th, Athon of the 57th, Workman of the 51st, Alford of the 57th, Mangum of the 57th and others: A bill to re-create the DeKalb County Land Use Study Commission to carry out certain advisory functions and studies with respect to land use planning for DeKalb County and the metropolitan Atlanta area. Referred to the Committee on State Planning & Community Affairs - Local. HB 1882. By Representatives Williams of the 48th, Shepard of the 71st and Lawrence of the 49th: A bill 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 authorize sentencing courts to order limitations on the eligibility for relief by pardon or parole to persons incarcerated for a second or subsequent time for offenses for which life imprisonment could have been imposed and to persons incarcerated for consecutive life sentences as a result of offenses occurring during the same series of acts. Referred to the Committee on Judiciary. HB 1883. By Representatives Home of the 103rd, Groover of the 99th and Lucas of the 102nd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Macon and Bibb County, separately or jointly, to establish zoning and plan ning rules, regulations, and commissions (Act No. 334). Referred to the Committee on State Planning & Community Affairs - Local. HB 1884. By Representatives Home of the 103rd, Groover of the 99th and Lucas of the 102nd: TUESDAY, FEBRUARY 18, 1986 1079 A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment enlarging the membership of the Macon-Bibb County Board of Health, restating the duties and powers of that board, empowering the City Council of Macon and the Commissioners of Bibb County to enact health regulations and covering other related mat ters. Referred to the Committee on State Planning & Community Affairs - Local. HB 1885. By Representatives Home of the 103rd, Groover of the 99th and Lucas of the 102nd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Macon-Bibb County Industrial Authority (Res. Act No. 168). Referred to the Committee on State Planning & Community Affairs - Local. HB 1886. By Representatives Home of the 103rd, Groover of the 99th and Lucas of the 102nd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment delegating to the respective governing authorities of the City of Macon and County of Bibb authority to merge and consolidate the offices, officers, and functions of the City of Macon and the County of Bibb. Referred to the Committee on State Planning & Community Affairs - Local. HB 1887. By Representative Triplett of the 128th: A bill to amend an Act establishing a new charter for the municipality of Garden City, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality. Referred to the Committee on State Planning & Community Affairs - Local. HB 1888. By Representative Colwell of the 4th: A bill to amend Article 6 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to inventory of public property, so as to provide that certain functions of the Secretary of State relative to the filing of conveyances shall be transferred to the State Properties Commission; to pro vide that copies of conveyances for the acquisition or disposition of real property owned or held by the Board of Regents of the University System of Georgia shall be filed with the Secretary of State. Referred to the Committee on State Planning & Community Affairs. HR 751. By Representatives Childs of the 53rd, Redding of the 50th, Williams of the 54th, Mangum of the 57th, Richardson of the 52nd and others: A resolution creating the Atlanta in DeKalb Study Commission. Referred to the Committee on Rules. HR 762. By Representatives Goodwin of the 63rd, Home of the 103rd, Isakson of the 21st and Linder of the 44th: 1080 JOURNAL OF THE HOUSE, A resolution proposing an amendment to the Constitution to authorize the General Assembly to provide by law for the selection of grand and trial jurors on a judicial circuit basis and to create circuit-wide, regional, or state wide investigative grand juries with such powers, duties, and jurisdiction as shall be provided by law. Referred to the Committee on Judiciary. HR 763. By Representatives Goodwin of the 63rd, Isakson of the 21st and Linder of the 44th: A resolution proposing an amendment to the Constitution to authorize the General Assembly, by law, to prohibit the granting or to prescribe the terms and conditions for granting a pardon or parole to persons convicted of manu facturing, delivering, distributing, dispensing, administering, selling, or pos sessing with intent to distribute a controlled substance or drug in violation of the laws of this state. Referred to the Committee on Judiciary. 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 1889. By Representatives Hays of the 1st and Crawford of the 5th: A bill to amend an Act creating a new charter for the City of Rossville, so as to abolish the office of tax assessor and tax coordinator. Referred to the Committee on State Planning & Community Affairs - Local. HB 1890. By Representative Murphy of the 18th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Tallapoosa Development Authority (Res. Act No. 139). Referred to the Committee on State Planning & Community Affairs - Local. HB 1891. By Representative Murphy of the 18th: 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 authorities of Haralson County to enter into certain contracts and other agreements, including certain security deeds and notes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1892. By Representative Murphy of the 18th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Waco Develop ment Authority (Res. Act No. 120). Referred to the Committee on State Planning & Community Affairs - Local. HB 1893. By Representative Beck of the 148th: A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in TUESDAY, FEBRUARY 18, 1986 1081 general, so as to authorize and direct the commissioner of revenue to design a special distinctive license plate for Valdosta State College. Referred to the Committee on Motor Vehicles. HB 1894. By Representative Pettit of the 19th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Cartersville Development Authority (Res. Act No. 205). Referred to the Committee on State Planning & Community Affairs - Local. HB 1895. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey 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 creating the Adairsville Development Authority (Res. Act No. 80). Referred to the Committee on State Planning & Community Affairs - Local. HB 1896. By Representatives Lane of the 27th and Couch of the 40th: A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to exempt all the area included within the corporate limits of the City of East Point from any tax levied by Fulton County specifically for the support of the county-wide library system. Referred to the Committee on State Planning & Community Affairs - Local. HB 1897. By Representatives Barnett of the 59th, Lawson of the 9th, Wood of the 9th, Martin of the 60th and Wall of the 61st: A bill to amend an Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, so as to provide for the duties of the Executive Secretary and the Personnel Director; to provide for meetings of the Board. Referred to the Committee on State Planning & Community Affairs - Local. HB 1898. By Representatives Isakson of the 21st, Wilder of the 21st, Johnson of the 21st, Atkins of the 21st, Thompson of the 20th and others: A bill to amend an Act creating the Cobb County-Marietta Water Authority, so as to increase to $120 million the maximum amount of negotiable revenue bonds issuable by the authority; to change the compensation payable to the chairman and members of the authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 1899. By Representatives Ware of the 77th and Milam of the 81st: A bill to amend an Act providing a new board of education of Troup County, so as to provide for the submission of the Act to the voters of the Troup County School District for approval or rejection. Referred to the Committee on State Planning & Community Affairs - Local. 1Q82 JOURNAL OF THE HOUSE, HB 1900. By Representative Childs of the 53rd: A bill to amend Code Section 44-14-4 of the Official Code of Georgia Anno tated, relating to the procedure for recording the cancellation of a mortgage, so as to authorize an alternative procedure for such cancellation in counties of this state having a population of 100,000 or more according to the United States decennial census of 1980 or any future such census. Referred to the Committee on Judiciary. HB 1901. By Representatives Home of the 103rd, Groover of the 99th, Pinkston of the 100th and Randall of the 101st: A bill to provide for the abolition of the office of treasurer of Bibb County; to provide that the governing authority of Bibb County may cause the func tions previously performed by the treasurer to be performed by others. Referred to the Committee on State Planning & Community Affairs - Local. HB 1902. By Representatives Home of the 103rd, Pinkston of the 100th, Lucas of the 102nd, Randall of the 101st and Groover of the 99th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which creates the MaconBibb County Urban Development Authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 1903. By Representatives Childers of the 15th and McKelvey of the 15th: A bill to create a board of elections and registration for Floyd County and provide for its powers and duties; to provide for the composition of the board and the appointment, qualification, and term of its members. Referred to the Committee on State Planning & Community Affairs - Local. HB 1904. By Representatives Lane of the lllth and Godbee of the 110th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 39 and which provides for the establishment of a Down town Statesboro Development Authority. Referred to the Committee on State Planning & Community Affairs - Local. HB 1905. By Representatives Wood of the 9th, Jackson of the 9th and Lawson of the 9th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Hall County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated; to provide for a referendum. Referred to the Committee on State Planning & Community Affairs - Local. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1841 HB 1842 HB 1843 HB 1844 HB 1845 HB 1846 TUESDAY, FEBRUARY 18, 1986 1083 HB 1847 HB 1848 HB 1849 HB 1850 HB 1854 HR 748 HR 749 SB 391 SB 392 SB 395 SB 397 SB 405 SB 462 SB 474 SB 489 SB 541 Representative McDonald of the 12th District, Chairman of the Committee on Appro priations, submitted the following report: Mr. Speaker: Your Committee on Appropriations has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1348 Do Pass SB 419 Do Pass HR 471 Do Not Pass HR 481 Do Pass HR 520 Do Pass HR 570 Do Pass HR 666 Do Pass HR 689 Do Pass Respectfully submitted, /s/ McDonald of the 12th 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 1253 Do Pass HB 1487 Do Pass, by Substitute SB 415 Do Pass SB 348 Do Pass, as Amended Respectfully submitted, /s/ Watson of the 114th Chairman Representative Thomas of the 69th District, Acting Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1753 Do Pass, by Substitute HB 1794 Do Pass, by Substitute SB 334 Do Pass, by Substitute HB 540 Do Pass, by Substitute HB 1751 Do Pass SB 339 Do Pass, by Substitute Respectfully submitted, /s/ Thomas of the 69th Acting Chairman 1084 JOURNAL OF THE HOUSE, 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: SB 317 Do Pass SB 421 Do Pass, as Amended SB 412 Do Pass Respectfully submitted, /s/ Phillips of the 120th Chairman Representative Coleman of the 118th District, Chairman of the Committee on Public Safety, submitted the following report: Mr. Speaker: Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1657 Do Pass Respectfully submitted, /si Coleman of the 118th 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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 364 Do Pass SB 376 Do Pass Respectfully submitted, /s/ Dixon of the 151st Chairman Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 660 Do Pass HR 663 Do Pass HR 686 Do Pass HR 716 Do Pass, as Amended HR 747 Do Pass TUESDAY, FEBRUARY 18, 1986 1085 Respectfully submitted, M Lee of the 72nd Chairman Representative Richardson of the 52nd District, Chairman of the Sub-Committee on Local Legislation of the State Planning & Community Affairs Committee, 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 1636 Do Pass HB 1654 Do Pass HB 1679 Do Pass HB 1767 Do Pass TM "8 Do Pass HB 1788 Do Pass HHBB 11881019 DDoo PPaassss HB 1819 Do Pass HB 1820 Do Pass HB 1821 Do Pass HB 1825 Do Pass HB 1826 Do Pass HB 1827 Do Pass HB 1828 Do Pass HB 1833 Do pags ,,,, , 00 . ^ D HTMB 1^ 837 Do Paassss HB 1838 Do Pass HB 1840 Do Pass SB 469 Do Pass Respectfully submitted, /s/ Richardson of the 52nd Sub-Committee Chairman Representative Triplett of the 128th District, Chairman of the Committee on Trans portation, submitted the following report: Mr. Speaker: Your Committee on Transportation 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 797 Do Pass Respectfully submitted, /s/ Triplett of the 128th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR TUESDAY, FEBRUARY 18, 1986 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 28th Legislative Day as enumerated below: HB 1686 Georgia Development Authority: Amend Provisions HB 1693 Pub. Sch. Emp.: Health Benefits: Creditable Serv.: Continuation HB 1696 Superior Ct. Judges: Continuing Ed: Reimbursement of Expenses HB 1713 State Tollway Authority Law: Amend Provisions 1086 JOURNAL OF THE HOUSE, HB 1723 Videotapes, Etc.: Transfers/Reproduction: Prohibitions HB 1784 Bank/Trust Companies: Transfer Fiduciary Responsibilities HR 465 Jt. Tandem Trailer Access to Pub. Rds. Study Comm.: Re-Create HR 514 Bibb County: Grant Easement HR 524 Gracewood: Designate Norman B. Pursley Ga. Development Ctr. HR 687 Joint Farm Labor Sanitation Study Comm.: Create SB 32 Respiratory Care Practices Act: Enact SB 50 Emp. Retirement: DA's Secretaries: Service Credit SB 316 Watercraft Vessels: Prohibit Operation Under Influence SB 347 Public Officers: Oath of Office SB 352 State Gov.: Microform Standards: Amend Provisions SB 370 Solicitors: Qualifications Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, 1st Lee of the 72nd Chairman By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 1636. By Representative Bolster of the 30th: A bill to provide for the creation of one or more community improvement districts in the City of Atlanta. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1654. By Representatives Colbert of the 23rd, Felton of the 22nd, Couch of the 40th and Greer of the 39th: A bill to amend an Act establishing a new charter for the City of Roswell, so as to change the provisions relating to the election of mayor and councilmen; to change the provisions relating to vacancies in the office of mayor or councilman. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1679. By Representative Lane of the 27th: A bill to provide amendment of the powers and purposes of the East Point Business and Industrial Development Authority; to change the composition of and appointment of membership on the authority. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. TUESDAY, FEBRUARY 18, 1986 1087 On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1767. By Representatives Mangum of the 57th and Athon of the 57th: 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 authorizing the governing authority of DeKalb County to enter into certain contracts providing for garbage and solid waste collection and disposal. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1780. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: 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 the City of Austell to grant a homestead exemption to residents in an amount not to exceed $1,000.00 (Res. Act No. 186). The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1788. By Representative Moultrie of the 93rd: A bill to amend an Act providing for the Board of Education of Harris County, so as to change provisions for the composition of education districts. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1809. By Representatives Matthews of the 145th and Royal of the 144th: A bill to amend an Act recreating the Board of Commissioners of Colquitt County, so as to change the composition and method of election of the board of commissioners. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 1088 JOURNAL OF THE HOUSE, HB 1811. By Representatives Matthews of the 145th and Royal of the 144th: A bill to amend an Act relating to the board of education of Colquitt County, so as to change the composition of the board of education of the Colquitt County School District. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1819. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th: A bill to provide a $10,000.00 homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain resi dents of that school district who have annual incomes not exceeding $10,000.00 and who are 62 years of age or over. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1820. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th: A bill to provide a $10,000.00 homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 62 years of age or over. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1821. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th: A bill to provide a $4,000.00 homestead exemption from Floyd County ad valorem taxes for certain residents of that county who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1825. By Representative Crawford of the 5th: A bill to amend an Act relating to constitutional authorization for and imposition of a local sales and use tax in Chattooga County for use by the TUESDAY, FEBRUARY 18, 1986 1089 Chattooga County School District and the Trion Independent School Dis trict, so as to change the formula by which the proceeds of such tax are to be allocated between said two school systems. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1826. By Representative Crawford of the 5th: A bill to amend an Act creating the State Court of Chattooga County, so as to provide that the judge of the State Court of Chattooga County shall be a part-time judge and may engage in the practice of law; to provide for office facilities; to change the qualifications for the office of solicitor of the State Court of Chattooga County. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1827. By Representatives Matthews of the 145th and Royal of the 144th: A bill to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of the city; to change the qualifications for councilman; to change certain voting requirements in zoning matters. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1828. By Representative Godbee of the 110th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Jenkins County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia Annotated. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1833. By Representative Phillips of the 120th: A bill to amend an Act creating a system of public schools for the City of Vidalia, so as to provide that the School District of the City of Vidalia shall 1090 JOURNAL OF THE HOUSE, be a body corporate and politic with authority to purchase, acquire, lease, condemn, and hold real estate in that name. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1834. By Representative Adams of the 79th: A bill to place the clerk of the Superior Court of Upson County upon an annual salary in lieu of the fee system of compensation; to provide for per sonnel within the clerk's office; to provide for budgets; to provide for arbitra tion of fees. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1837. By Representatives Childs of the 53rd, Richardson of the 52nd, Williams of the 54th, Steinberg of the 46th, Robinson of the 58th 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 providing that certain municipalities in DeKalb County shall constitute special services tax districts and that DeKalb County shall tax such districts in accordance with the services provided to the districts by the county. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1838. By Representatives Walker of the 85th, Padgett of the 86th, Brown of the 88th and Connell of the 87th: A bill to amend an Act regulating public instruction for the County of Richmond, so as to change the compensation of members of the board and officers thereof. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1840. By Representatives Lawler of the 20th, Wilson of the 20th, Cooper of the 20th, Atkins of the 21st, Johnson 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. TUESDAY, FEBRUARY 18, 1986 1091 The report of the Committee, which was favorable to the passage of the Bill, was 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 469. By Senator McKenzie of the 14th: A bill to amend an Act creating a new charter for the City of Ellaville in Schley County, approved August 14, 1914 (Ga. L. 1914, p. 740), as amended, so as to change the composition and method of election of the mayor and council of the City of Ellaville; to provide for council districts for the election of said members; to provide for the qualifications, election, service, and terms of said members. The report of the Committee, which was favorable to the passage of the Bill, was 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 and Senate: SB 547. By Senators Harrison of the 37th, Tolleson of the 32nd, Brantley of the 56th 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 payment of a portion of revenues derived from the taxation of alcoholic beverages in Cobb County to school districts within said county. SB 548. By Senators Harrison of the 37th, Tolleson of the 32nd and Brantley of the 56th: 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 Board of Education of Cobb County. SB 549. By Senators Barnes of the 33rd, Harrison of the 37th and Tolleson of the 32nd: 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 authority for the enactment of legislation relative to the Cobb County Board of Edu cation without the necessity of a referendum. SB 550. By Senators Barnes of the 33rd, Harrison of the 37th and Tolleson of the 32nd: 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 1092 JOURNAL OF THE HOUSE, approved March 27, 1985 (Ga. L. 1985, p. 4508), so as to change the compen sation of the clerk and the chief deputy clerk of the State Court of Cobb County. HB 1115. By Representatives Jackson of the 9th, Wood of the 9th, and Lawson of the 9th: A bill to provide that the homestead of each resident of the Hall County School District which is otherwise eligible for the exemption from ad valorem taxes for educational purposes provided for in Code Section 48-5-52 of the Official Code of Georgia Annotated shall be eligible for such exemption if the net income of the owner from all sources does not exceed $8,000.00 for the immediately preceding taxable year for income tax purposes. HB 1116. By Representatives Jackson of the 9th, Wood of the 9th, and Lawson of the 9th: A bill to provide that the homestead of each resident of the City of Gainesville Independent School District which is otherwise eligible for the exemption from ad valorem taxes for educational purposes provided for in Code Section 48-5-52 of the Official Code of Georgia Annotated shall be eli gible for such exemption if the net income of the owner from all sources does not exceed $8,000.00 for the immediately preceding taxable year for income tax purposes. HB 1427. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: 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 power of the General Assembly to provide by law for the exercise of the power of taxation in Hall County. HB 1428. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: 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 a civil service system of personnel administration for Hall County. HB 1429. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: A bill to authorize the governing authority of Hall County to continue to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county. HB 1430. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: 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 Gainesville and Hall County Development Authority and the powers, duties, and members of the authority. HB 1457. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th, Moultrie of the 93rd, Smyre of the 92nd and others: TUESDAY, FEBRUARY 18, 1986 1093 A bill to amend an Act abolishing the fee system in the Superior Courts of the Chattahoochee Judicial Circuit, as applied to the office of district attor ney, and providing for the payment of the salary of said district attorney, so as to provide for the appointment of two assistant district attorneys. HB 1559. By Representatives Lane of the 27th, Adams of the 36th, Greer of the 39th, Couch of the 40th, Dean of the 29th and others: A bill to provide an exemption for the full value of the homestead from Fulton County ad valorem taxes, except ad valorem taxes for bonded indebtedness and for the Fulton County School District, for each resident of Fulton County who is 70 years of age or over or disabled if the resident's gross income does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act. HB 1613. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th: A bill to amend an Act creating a Board of Commissioners of Houston County, so as to authorize Houston County to have and be authorized to exercise all redevelopment and other powers authorized or granted counties pursuant to the "Redevelopment Powers Law." HB 1640. By Representative 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 relates to the creation of the City of Perry Industrial Building Authority and the powers and administration of the authority. HB 1641. By Representative Walker of the 115th: A bill to amend an Act reincorporating and providing a new charter for the City of Perry in Houston County, so as to provide that the city shall have and shall be authorized to exercise all redevelopment powers which are granted to municipalities pursuant to the "Redevelopment Powers Law," as amended. HB 858. By Representatives Athon of the 57th, Mangum of the 57th, Watts of the 41st, Lee of the 72nd, Pettit of the 19th, and others: A bill to amend Chapter 81 of Title 36 of the Official Code of Georgia Anno tated, relating to local budgets and audits, so as to require state agencies and departments to accept audits which meet the requirements of the federal Single Audit Act of 1984 if an audit is required as a condition for receiving a grant of state money or services and if such federal audit includes the money or services granted by the state. HB 1147. By Representative Johnson of the 72nd: A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Anno tated, relating to general provisions applicable to public education in Georgia, so as to provide for the designation of Retired Teachers' Day. HB 1216. By Representatives Walker of the 115th, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and Porter of the 119th: 1094 JOURNAL OF THE HOUSE, A bill to amend Code Section 46-1-2 of the Official Code of Georgia Anno tated, relating to the measure of damages for wrongs and injuries by railroad companies, so as to change certain venue provisions relative to actions against railroad or electric companies. HB 1357. By Representative Jackson of the 9th: A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to the registration and licensing of motor vehicles, so as to specify the situations under which a county tag agent may issue county name decals; to provide that duplicate license plates, county name decals, and revalidation stickers may be obtained from the county tag agent. HB 1431. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia the constitutional amendments which relate to the composi tion and operation of the Hall County board of education. SB 427. By Senator Foster of the 50th: A bill to amend Code Section 20-2-9 of the Official Code of Georgia Anno tated, relating to per diem allowances and expenses of members of the State Board of Education, so as to remove the limitation on days per annum for which expenses and allowances may be paid. SB 429. By Senator Barnes of the 33rd: A bill to amend Article 2 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Governor, so as to authorize the Governor or his designee to enter into agreements with offi cials from other states for the purpose of facilitating implementation and administration of federal grant programs administered by the State of Georgia. SB 478. By Senator Harris of the 27th: A bill to amend Part 7 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to procedures for termination, suspen sion, nonrenewal, demotion, or reprimand of public school teachers and pro fessional employees, so as to provide that certain notices required in such procedures must be given by certified mail. SB 539. By Senator Foster of the 50th: A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms for superior courts, so as to change the terms for the superior courts of the Mountain Judicial Circuit. The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate: SR 377. By Senators Horton of the 17th, Allgood of the 22nd, Kennedy of the 4th and others: A resolution creating the Study Commission on the Institution of the General Assembly. TUESDAY, FEBRUARY 18, 1986 1095 By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees: SB 427. By Senator Foster of the 50th: A bill to amend Code Section 20-2-9 of the Official Code of Georgia Anno tated, relating to per diem allowances and expenses of members of the State Board of Education, so as to remove the limitation on days per annum for which expenses and allowances may be paid. Referred to the Committee on Education. SB 429. By Senator Barnes of the 33rd: A bill to amend Article 2 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Governor, so as to authorize the Governor or his designee to enter into agreements with offi cials from other states for the purpose of facilitating implementation and administration of federal grant programs administered by the State of Georgia. Referred to the Committee on Appropriations. SB 478. By Senator Harris of the 27th: A bill to amend Part 7 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to procedures for termination, suspen sion, nonrenewal, demotion, or reprimand of public school teachers and pro fessional employees, so as to provide that certain notices required in such procedures must be given by certified mail. Referred to the Committee on Education. SB 539. By Senator Foster of the 50th: A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms for superior courts, so as to change the terms for the superior courts of the Mountain Judicial Circuit. Referred to the Committee on Judiciary. SB 547. By Senators Harrison of the 37th, Tolleson of the 32nd, Brantley of the 56th 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 payment of a portion of revenues derived from the taxation of alcoholic beverages in Cobb County to school districts within said county. Referred to the Committee on State Planning & Community Affairs - Local. SB 548. By Senators Harrison of the 37th, Tolleson of the 32nd and Brantley of the 56th: 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 Board of Education of Cobb County. Referred to the Committee on State Planning & Community Affairs - Local. 1096 JOURNAL OF THE HOUSE, SB 549. By Senators Barnes of the 33rd, Harrison of the 37th and Tolleson of the 32nd: 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 authority for the enactment of legislation relative to the Cobb County Board of Edu cation without the necessity of a referendum. Referred to the Committee on State Planning & Community Affairs - Local. SB 550. By Senators Barnes of the 33rd, Harrison of the 37th and Tolleson of the 32nd: 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 27, 1985 (Ga. L. 1985, p. 4508), so as to change the compen sation of the clerk and the chief deputy clerk of the State Court of Cobb County. Referred to the Committee on State Planning & Community Affairs - Local. SR 377. By Senators Horton of the 17th, Allgood of the 22nd, Kennedy of the 4th and others: A resolution creating the Study Commission on the Institution of the General Assembly. Referred to the Committee on Rules. The following Resolution of the House was read and adopted: HR 764. By Representatives Bannister of the 62nd, Barnett of the 59th, Wall of the 61st, Dover of the llth, Mangum of the 57th and others: A resolution commending William "Scott" Fortenberry. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 747. By Representatives Twiggs of the 4th, Colwell of the 4th and Dover of the llth: A resolution inviting Mr. Eliot Wigginton to appear before the House of Representatives; recognizing and commending Mr. Wigginton and the Foxfire program. 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 465. By Representatives Hooks of the 116th and Athon of the 57th: A RESOLUTION Re-creating the Joint Tandem Trailer Access to Public Roads Study Committee; and for other purposes. TUESDAY, FEBRUARY 18, 1986 1097 WHEREAS, there is a historic link between an efficient transportation system and economic vitality; and WHEREAS, several areas in the State of Georgia are at a competitive disadvantage due to the lack of access by tandem trailers; and WHEREAS, any businesses seeking locations for new plants, warehousing centers, distribution centers, corporate headquarters, and other facilities will continue to focus their attention on the South and in Georgia in those areas that have adequate transporta tion facilities; and WHEREAS, the use of tandem trailers is becoming more widespread throughout the nation and in parts of Georgia; however, such use is presently limited to certain designated public roads; and WHEREAS, it is in the best economic interest of this state to study whether the use of tandem trailers should be authorized on more of the state's public roads; and WHEREAS, the Joint Tandem Trailer Access to Public Roads Study Committee was created in 1985 and undertook a study of the use of tandem trailers in Georgia; and WHEREAS, the committee issued its report, the major recommendation of which was for the Governor's Economic Development Council to study the subject of tandem trailers and to determine which highways in Georgia should be opened to use by tandem trailers; and WHEREAS, it is desirable that the General Assembly, through this study committee, continue to review the problem and the range of solutions proposed by the Economic Development Council. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is re-created the Joint Tandem Trailer Access to Public Roads Study Committee to be composed of two members of the House of Representatives appointed by the Speaker of the House, two members of the Senate appointed by the President of the Senate, one representative of the Department of Transportation appointed by the commissioner of transportation, and one member of the Department of Industry and Trade appointed by the commissioner of industry and trade. The chairman and the vice-chairman shall be elected by the committee at its first meeting which shall be called by the Lieutenant Governor and the Speaker of the House. BE IT FURTHER RESOLVED that the committee shall continue to study the use of tandem trailers on the public roads of this state to determine whether tandem trailers should be authorized to operate on more public roads in this state and shall monitor the on-going process to be undertaken by the Governor's Economic Development Council in proposing additions to the National Network and highways accessible to tandem trailers. The committee may conduct such meetings at such places 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 legislative 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. Other members of the committee shall receive travel cost reimbursement allowed by Code Section 45-7-21 for members of boards and commissions and reimbursement for actual expenses incurred as a result of serving on the committee from the respective agency which employs the member. The committee shall make a report of its findings and recom mendations no later than December 1, 1986, at which time the committee shall stand abol ished. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 96, nays 0. 1098 JOURNAL OF THE HOUSE, The Resolution, having received the requisite constitutional majority, was adopted. SB 316. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th: A bill to amend Chapter 7 of Title 52 of the Official Code of Georgia Anno tated, relating to registration, operation and sale of watercraft, so as to pro hibit the operation of any vessel and the manipulation or use of any water skis, aquaplane, surfboard, or similar device by any person whose ability is impaired by alcohol or drugs; to specify the level of alcohol at which a person shall be considered under the influence. The following Committee substitute was read and adopted: A BILL To amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to registration, operation, and sale of watercraft, so as to prohibit the operation of any vessel and the manipulation or use of any moving water skis, moving aquaplane, moving surfboard, or similar moving device by any person whose ability is impaired by alcohol or drugs; to specify the level of alcohol at which a person shall be considered under the influ ence; to require vessel operators suspected of being under the influence of alcohol or drugs to submit to chemical tests for the purpose of determining their alcoholic or drug content; to provide that the refusal to submit to chemical tests shall constitute a violation of these provisions; to provide for the admission of certain facts into evidence; to provide that the. investigating coroner or medical examiner require a chemical blood test be performed on persons killed in boating accidents so as to determine the presence of alcohol or drugs; to prohibit the use of skis and other water devices in a reckless or negligent manner; to pro hibit boat owners from knowingly allowing or authorizing the use of their boat by any person who is under the influence of alcohol or drugs; to provide a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to registration, operation, and sale of watercraft, is amended by striking in its entirety Code Section 52-7-12, relating to operation of vessels, water skis, aquaplanes, and surfboards in a reckless or negligent manner or while under the influence of alcohol or nar cotic drugs, which reads as follows: "52-7-12. (a) No person shall operate any vessel or manipulate any water skis, aquaplane, surfboard, or similar device in a reckless or negligent manner so as to endan ger the life, limb, or property of any person. (b) No person shall operate any vessel or manipulate any water skis, aquaplane, surfboard, or similar device while under the influence of alcohol, any narcotic drug or barbiturate, marijuana, or any other hallucinogenic or dangerous drug.", and substituting in lieu thereof a new Code Section 52-7-12 to read as follows: "52-7-12. (a) No person shall operate, navigate, steer, or drive any vessel, or be in actual physical control of any moving vessel, nor shall any person manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device while: (1) Under the influence of alcohol; (2) Under the influence of any drug to a degree which renders him incapable of operating safely; (3) Under the combined influence of alcohol and any drug to a degree which renders him incapable of operating safely; or (4) There is 0.12 percent or more by weight of alcohol in his blood, (b) The fact that any person charged with violating this Code section is or has been otherwise entitled to use a drug shall not constitute a defense against any charge of vio lating this Code section. TUESDAY, FEBRUARY 18, 1986 1099 (c) Upon trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while operating or in actual physical control of a vessel while under the influence of alcohol or drugs, evidence of the amount of alcohol or drug in a person's blood at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath, or other bodily substances shall be admissible. Where such chemical test is made, the following provisions shall apply: (1) Chemical analysis of the person's blood, urine, breath, or other bodily sub stance, to be considered valid under this Code section, shall have been performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation is authorized to approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, which shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences; (2) When a person shall undergo a chemical test at the request of a law enforce ment officer under subsection (e) of this Code section, only a physician, registered nurse, laboratory technician, or other qualified person may withdraw blood for the purpose of determining the alcoholic content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, laboratory technician, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer; (3) The person tested may have a physician or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement offi cer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer; (4) Upon request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his attorney. The arresting officer at the time of arrest shall advise the person arrested of his rights to a chemical test or tests according to this Code section; (5) Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 cubic centimeters of blood. (d) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while operating or in actual physical con trol of a moving vessel while under the influence of alcohol, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presump tions: (1) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of alcohol; (2) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person's blood, such fact shall not give rise to any pre sumption that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol; (3) If there was at that time 0.10 percent or more by weight of alcohol in the person's blood, it shall be presumed that the person was under the influence of alco hol; and (4) If there was at that time 0.12 percent or more by weight of alcohol in the person's blood, the person shall be in violation of paragraph (4) of subsection (a) of Code Section 52-7-12. (e) The State of Georgia considers that persons who are under the influence of alco hol or drugs while operating a vessel on the waters of this state constitute a direct and 1100 JOURNAL OF THE HOUSE, immediate threat to the welfare and safety of the general public. Therefore, any person who operates a vessel upon the waters of this state shall be deemed to have given con sent, subject to subsections (c) and (d) of this Code section, 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 while the person was operating or in physical control of a vessel while under the influence of alcohol or any drug. 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 operating or was in actual physical control of a vessel upon the waters of this state while under the influence of alcohol or any drug. Subject to subsections (c) and (d) of this Code section, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered. (f) 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 (e) of this Code section, and the test or tests may be administered subject to subsections (c) and (d) of this Code section. (g) If a person 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 (e) of this Code section, no test shall be given; however, such refusal shall be admissible in evidence. (h) In the event of a boating accident involving a fatality, the investigating coroner or medical examiner having jurisdiction shall direct that a chemical blood test to deter mine blood alcohol concentration (BAG) or the presence of drugs be performed on the dead person or persons and that the results of such test be properly recorded in their report. (i) No person shall operate any vessel or manipulate any water skis, aquaplane, surfboard, or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person. (j) It shall be unlawful for the owner of any vessel knowingly to allow or authorize any person to operate such vessel or to manipulate any water skis, aquaplane, surfboard, or similar device being towed by such vessel when the owner knows or has reasonable grounds to believe that said person is intoxicated or under the influence of alcohol or drugs." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 108, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. The Speaker Pro Tern assumed the Chair. SB 347. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th: A bill to amend Code Section 45-3-1 of the Official Code of Georgia Anno tated, relating to oaths required of public officers, so as to provide that every public officer shall swear that he is not the holder of any office of trust under the government of the United States, any other state, or any foreign state which he is by the laws of the State of Georgia prohibited from holding. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. TUESDAY, FEBRUARY 18, 1986 1101 On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Adams f G Y Adams.M Y Aiken Alford Y Alien Y Anderson Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Bannister 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 Buck Burruss YByrd Y Carter Chambless Y 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 Dixon Y Dobbs Y Dover Y Dunn Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Y Manner Y Harris 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 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 Y Logan 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 Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Pettit Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y 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 Smith.T Y Smyre Y Stancil Stein berg 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 Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Wilson YWood Workman Y Yeargin Y Young Murphy ,Spkr On the passage of the Bill, the ayes were 144, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 32. By Senators Fincher of the 54th, Broun of the 46th, and Kidd of the 25th: A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Anno tated, relating to the licensing of physicians, osteopaths, and orthotists, so as to provide for the certification and regulation of certain individuals engaged in respiratory care. The following Committee substitute was read and adopted: 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 provide for the certifi cation 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 qual ifications; 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 for the repeal of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. 1102 JOURNAL OF THE HOUSE, 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 adding at the end thereof a new Article 6 to read as follows: "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, certified respiratory therapy technician, or registered respiratory therapist 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 viola tions; (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 gen eral public and appropriate state agencies; and (8) Establish continuing education requirements. 43-34-144. At any time prior to July 1, 1987, 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 profes sional, certified respiratory therapy technician, or registered respiratory therapist regis tered 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, certified respiratory therapy technician, or registered respiratory therapist 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; TUESDAY, FEBRUARY 18, 1986 1103 (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 super vision or direction of a person licensed under Article 2 of this chapter and shall, in order 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 satis factory 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 viola tion of this article at the time of application for renewal and if the applicant fulfills cur rent 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 res toration 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 state ment 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 1104 JOURNAL OF THE HOUSE, 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: (A) A plea of nolo contendere 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 disci plinary 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 con duct shall include any departure from, or the failure to conform to, the minimal stan dards 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 exam ining 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 arti cle, 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 previ ously 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 mate rial. 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 TUESDAY, FEBRUARY 18, 1986 1105 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, 1986, it shall be unlawful for any person who is not certified under this article to use the title respiratory care professional, certified respira tory therapy technician, or registered respiratory therapist or the letters RCP, CRTT, or RRT 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. (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 2. This Act shall become effective upon necessary appropriations being spe cifically made by the Georgia General Assembly to fund this Act. If the General Assembly shall ever thereafter fail to appropriate fully the funds necessary to implement the provi sions of this Act, 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 sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 91, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1784. By Representative Pinkston of the 100th: A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to banking and finance, so as to define certain terms; to permit a bank exercising trust powers to transfer fiduciary responsibilities to an affiliated trust company. The following Committee substitute was read and adopted: A BILL To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to define certain terms; to permit a bank exercising trust powers to transfer fiduciary responsibilities to an affiliated trust company; to provide for certain filings; to provide for retention of liability; to provide for the abandonment of the affiliate transfer or the appointment of a successor fiduciary; to provide for certain agency relationships; to authorize, with the consent of the department, a bank or trust company which does not exercise trust powers to offer trust services by contracting with a bank or trust company exercising trust powers; 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 1 of Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by adding a new part between Parts 4 and 5 of Article 2, to be designated Part 4A, to read as follows: "Part 4A 7-1-320. As used in this part, the term: (1) 'Affiliate transfer' means a transfer by which a bank or trust company dele gates, assigns, or transfers to an affiliated trust company all of its rights, powers, 1106 JOURNAL OF THE HOUSE, privileges, accounts, and designations with respect to one or more of its various capac ities as fiduciary. (2) 'Affiliated trust company' means a trust company which is affiliated with a bank. A trust company shall be considered an affiliate with a bank in accordance with the definition of such term set forth in paragraph (1) of Code Section 7-1-4. (3) 'Bank' means a corporation as defined in either paragraph (7) or (23) of Code Section 7-1-4 and having its principal place of business in Georgia. (4) 'Fiduciary' means a bank or trust company acting in such capacity as set forth in paragraph (20) of Code Section 7-1-4 or as further defined by regulations of the department. (5) 'Trust company' means a corporation as defined in paragraph (40) of Code Section 7-1-4 or a national bank having: (A) Authority to conduct business only to the extent of its trust powers as pro vided in 12 U.S.C. Section 92a; and (B) A principal place of business in Georgia. 7-1-321. (a) Any bank authorized by law to engage in the business of acting as a fiduciary is authorized and empowered to make an affiliate transfer whether or not each governing instrument expressly provides for or contemplates an affiliate transfer or whether or not the fiduciary capacity was created by will, indenture, trust, court order, agreement, or other means. No affiliate transfer shall constitute: (1) A resignation or disqualification of the bank as fiduciary; or (2) A relinquishment of trust powers by the bank making the affiliate transfer. Upon execution of an instrument effecting an affiliate transfer by a bank, the affiliated trust company shall, as of the date specified in the instrument, have all of the rights, powers, privileges, appointments, accounts, and designations of the bank regarding each fiduciary capacity so transferred and shall have title to all property, real, personal, and mixed, and all debts due on whatever account, and all other choses in action, and each and every other interest of or belonging to or due to the bank as fiduciary shall be taken and deemed to be transferred to and vested in the affiliated trust company as fiduciary without further act or deed. The affiliated trust company shall file an affidavit of record with the clerk of the superior court in each county of this state setting forth its name, a copy of its governing instrument, a list of the banks with which it is affiliated, a state ment of the facts which establish the affiliate relationship, and such other information as may be appropriate. All affidavits shall be available for public inspection and copying during regular office hours. (b) Upon an affiliate transfer by a bank, the affiliated trust company, in each fidu ciary capacity transferred, shall thenceforth be responsible for the performance of all of the duties, responsibilities, and obligations of the bank in such fiduciary capacity, and any claim existing or action or proceeding pending by or against the fiduciary may be prosecuted as if the affiliate transfer had not taken place and the affiliated trust company, as fiduciary, may be substituted in place of the bank, as fiduciary. Neither the rights of creditors to nor any liens upon the property held in any fiduciary capacity shall be impaired by any affiliate transfer. 7-1-322. (a) Notwithstanding the provisions of Code Section 7-1-321, no affiliate transfer shall relieve the bank of any liability with respect to any of its acts and doings as fiduciary, and the bank shall remain liable and responsible to all affiliate transfer beneficiaries and other parties at interest with respect to all actions of the affiliated trust company as if performed by the bank itself. (b) The bank shall be relieved of any claims, liabilities, or actions arising after the affiliate transfer where such affiliate transfer is expressly authorized by the terms of the instrument governing the fiduciary capacity. (c) Upon application by an interested party, the bank shall within 30 days either abandon the affiliate transfer subject to such application or proceed to have a successor fiduciary appointed as provided by law. (d) Nothing in this Code section shall be construed to impair any right of the grantor or beneficiaries of any fiduciary relationship under applicable instruments or otherwise to secure or provide for the appointment of a substituted fiduciary. TUESDAY, FEBRUARY 18, 1986 1107 7-1-323. In addition to and not in limitation of the other powers provided in this part, any bank shall be entitled and empowered to designate an affiliated trust company as its agent for the performance of all acts, obligations, and responsibilities of the bank with respect to any fiduciary capacity. In such event, the bank shall remain fully respon sible and liable with respect to all actions of the affiliated trust company as if performed by the bank itself. No such agency relationship shall: (1) Be deemed an impermissible delegation of responsibility or duty by the bank; or (2) Constitute a resignation or disqualification of the bank as fiduciary or a relinquishment of trust powers by the bank. 7-1-324. Upon any affiliate transfer, the affiliate trust company may be designated in any deed, trust, agreement, filing, instrument, notice, certificate, pleading, or other document as successor fiduciary pursuant to this part. 7-1-325. Except as expressly provided, nothing in this part shall be construed to amend or modify in any way the laws of the State of Georgia with respect to the estab lishment of banks, trust companies, branch banks, or bank holding companies or the conduct of the banking business or any part thereof." Section 2. Said chapter is further amended by striking Code Section 7-1-612, relating to the power of banks to contract with other banks for trust services, in its entirety and substituting in lieu thereof a new Code Section 7-1-612 to read as follows: "7-1-612. Notwithstanding any other provisions of this part to the contrary, any bank or trust company which does not exercise trust powers as provided in this chapter, whether or not such powers have been incorporated into its articles, may, with the con sent of the department, contract with any bank or trust company exercising trust powers to provide for the latter bank or trust company to offer trust services through the branches and offices of the former bank or trust company." Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 96, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substi tute. Under the general order of business, established by the Committee on Rules, the following Resolution of the House was again taken up for consideration: HR 587. By Representative Colwell of the 4th: A RESOLUTION Accepting the bid of Charles Alien Fields for the purchase of real property owned by the State of Georgia and located in Franklin County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Franklin County, Georgia; and WHEREAS, said real property is described as follows: All that tract or parcel of land lying and being in 370th District, G. M. of Franklin County, Georgia, containing 0.7548 acre, bounded on the north by right-of-way of U.S. Highway No. 29, running between Royston, Georgia, and Athens, Georgia; on the east by lands now or formerly of Joe Bryant; on the south by lands now or formerly of Martin Neal; and on the west by lands now or formerly of Martin Neal, more partic ularly described as follows: 1108 JOURNAL OF THE HOUSE, BEGINNING at an iron pin corner on the south side of the right-of-way of U. S. Highway No. 29 where property herein described corners with property now or formerly of Joe Bryant and running thence with property now or formerly of Joe Bryant south 10 degrees 15 minutes west a distance of 312 feet to an iron pin corner; thence running with property now or formerly of Martin Neal south 87 degrees west a distance of 102.72 feet to an iron pin corner; thence continuing with property now or formerly of Martin Neal north 10 degrees 15 minutes east a distance of 345.7 feet to an iron pin corner on the south side of the right-of-way of U. S. Highway 29 south 73 degrees 58 minutes east a distance of 100.5 feet to the point of beginning. The above described property is fully described by a plat of survey prepared by J. B. Stephenson, County Surveyor, Franklin County, Georgia, on November 13, 1962, a copy of said plat being recorded in Plat Book No. 3, page 279, records of Franklin County, Georgia, and said plat and the record thereof are by reference incorporated herein as a part hereof; and WHEREAS, custody of the said real property is vested in the State Properties Commission; and WHEREAS, the said real property is no longer useful to or needed by the State of Georgia and is, therefore, surplus; and WHEREAS, under the provisions of subsection (b) of Code Section 50-16-39 of the O.C.G.A., the commission advertised the sale of the said real property through public competitive bidding; and WHEREAS, Charles Alien Fields made a bid thereon in the amount of $72,136.00; and WHEREAS, on December 18, 1985, the commission determined and announced the said bid to be the most advantageous to the State of Georgia; and WHEREAS, as required by subsection (d) of Code Section 50-16-39 of the O.C.G.A., the prospective purchaser has signed four counterparts of the proposed contract of sale; and WHEREAS, an exact copy of the proposed contract of sale and deed is attached to, incorporated in, and by this reference made a part of this resolution; and WHEREAS, the General Assembly has carefully considered the said bid and has determined that it should be accepted. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the said bid and the proposed contract of sale are hereby accepted. Section 2. That, under the provisions of subsection (g) of Code Section 50-16-39 of the O.C.G.A., the chairman of the commission, in his capacity as Governor of the state, shall execute the contract of sale for and on behalf of and in the name of the state and shall implement a conveyance of the said real property according to the terms of the con tract of sale. Section 3. That the chairman of the commission, in his capacity as Governor of the state, or at his direction the executive director of the commission, is authorized and empowered to execute all documents and to perform all other acts as are reasonably neces sary to implement the said conveyance. Section 4. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. requiring that a conveyance of real property by the state be filed with the Secretary of State and accompanied by a plat of the property conveyed, a copy of the plat referenced in the legal description in the pro posed contract of sale attached to this resolution shall constitute an acceptable plat for filing with the Secretary of State. TUESDAY, FEBRUARY 18, 1986 1109 Section 5. That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval. Section 6. That all laws and parts of laws in conflict with this resolution are repealed. STATE OF GEORGIA, COUNTY OF FULTON: SPC 85-7-042 Contract of Sale This Contract Of Sale, hereinafter referred to as "Agreement", is made and entered into by and between the State of Georgia, Party of the First Part, whose business address in c/o Executive Director, State Properties Commission, Post Office Box 38121, Capitol Hill Station, Atlanta, Georgia, 30334, hereinafter sometimes referred to as "Seller", and s/ Charles Alien Fields, Party of the Second Part, whose address is Route 3^ Box 15, Royston, Georgia 30662 hereinafter sometimes referred to as "Purchaser". WITNESSETH THAT: WHEREAS, the State of Georgia is the owner of certain real property situate in Frank lin County, Georgia (hereinafter referred to as the "real property"), and being more partic ularly described in EXHIBIT "A" attached hereto, incorporated in and by reference made a part hereof, and in EXHIBIT "A" of the form of Quitclaim Deed attached hereto, incorporated in and by reference made a part of this Agreement; and WHEREAS, the State Properties Commission, hereinafter sometimes referred to as the "Commission", advertised the sale of the real property through public competitive bidding; and WHEREAS, the Purchaser herein made a Bid thereon, and the Commission, at its meet ing on December 18, 1985, determined and announced the said Bid to be the most advan tageous to the State of Georgia; and WHEREAS, by a constitutional majority vote in each house, both the House of Repre sentatives and the Senate, in the 1986 Regular Session of the General Assembly of the State of Georgia, have adopted (passed) Resolution Act No. __ (__ Resolution No. __) ("said Resolution"), authorizing and directing the execution and implementation of this Agreement by the State of Georgia; and WHEREAS, the Governor of the State of Georgia approved the said Resolution on _____, 19__. NOW, THEREFORE, in consideration of the above-stated premises, and of the mutual and several covenants of the parties hereto, it is agreed as follows: 1. Conveyance Of Title Of Real Property Seller agrees to convey to Purchaser title to the real property by a deed essentially in the form and content of the attached form of Quitclaim Deed within seventy (70) calendar days after the date of execution of this Agreement by Purchaser. Purchaser agrees that it will accept delivery of said Quitclaim Deed tendered by Seller and will simultaneously pay to Seller the purchase price as set forth in the paragraph numbered 2 below within ten (10) calendar days (which 10 calendar days are within the aforesaid 70 calendar days) after written notice from Seller of Seller's readiness to tender delivery of the Quitclaim Deed to Purchaser. 2. Payment Of Purchase Price Purchaser agrees to pay to Seller for the real property the purchase price of SeventyTwo Thousand One Hundred Thirty-Six and 00/100 Dollars ($72,136.00), to be paid in 1110 JOURNAL OF THE HOUSE, cash or by certified or cashier's check (drawn on a United States National Bank or a State (of Georgia) chartered Bank and made payable to the order of the "State of Georgia") at the time of the tender of delivery by Seller to Purchaser of the Quitclaim Deed. The Pur chaser has submitted to the Seller, receipt and acceptance whereof are hereby acknowl edged by Seller, a certified or cashier's check in the amount of Fourteen Thousand Four Hundred Twenty-Seven and twenty one-hundredths Dollars ($14,427.20), which was sub mitted along with the Bid of Purchaser. It is hereby agreed by and between the parties hereto that the aforesaid submitted sum is to be applied as part payment of the purchase price of the real property at the consummation of this sale; and if the sale is not consum mated due to Purchaser's default then and in that event, Seller shall retain the aforesaid submitted sum and shall apply it as fixed and liquidated damages caused by the Purchaser's default. In the event the sale in not consummated for reason(s) other than the default of Purchaser, the aforesaid submitted sum shall be returned to the Purchaser. 3. Entry Upon Premises Seller hereby gives to Purchaser and his agents and representatives the right to enter upon the real property at any time for purposes of making appraisals, soil tests, borings, surveys and inspections. Purchaser will indemnify and hold Seller harmless from any loss or liability resulting therefrom. 4. Examination Of Title By Purchaser Purchaser shall have sixty (60) calendar days, commencing on the day following the date of service of written notice from the Commission of its acceptance of his Bid, within which to examine the title to the real property and to determine whether the State of Georgia is vested with marketable title thereto, with the right to convey the same free and clear of: 1. any and all past due property taxes, if any, which are applicable to the real property and which are legally enforceable against the Seller; and 2. legally valid, eligible to record and enforceable, against the Seller, liens, encumbrances, encroachments, and past due spe cial assessments, any of the foregoing (1. or 2.) of which may be deemed by the Purchaser to constitute a defect in the marketability of the title. If there be no such defects, Pur chaser shall forthwith notify in writing the Seller that there are no such defects and that the Purchaser accepts the title of the Seller. If there are any defects, Purchaser shall mail to the Seller, within the said sixty (60) calendar days, a dated and originally signed copy of an examining attorney's certificate of title or a dated and originally signed copy of an interim title insurance commitment, rendered by a responsible title insurance company, specifying in detail any such defects in the marketability of the title. After receipt of said attorney's certificate of title or interim title insurance commitment, Seller shall exercise good faith and due diligence to correct any such defects prior to the expiration of the time (90 calendar days after the date of execution of this agreement by Purchaser) within which the purchase price must be paid by the Purchaser to the Seller. If the Seller shall not cor rect such defects in a timely manner and the Purchaser shall not elect by notice in writing to the Seller to waive the same, the Purchaser shall have the option of terminating this Agreement by giving notice of his election so to do in writing to the Seller. Under the fore going circumstances (Seller not timely correcting any such defects in the title) it is hereby agreed by and between the Seller and the Purchaser, as a further part of the consideration of bidding on and purchasing of the said real property, that a suit for damages or specific performance will not lie or be brought against the Seller by the Purchaser nor shall the Purchaser be entitled to a reduction in the purchase price of the real property. However, nothing herein contained shall be construed to require the Purchaser to accept other than a marketable title, free and clear of any such aforesaid defects in title. Marketability of title will be determined in accordance with the State Bar of Georgia Title Standards. TUESDAY, FEBRUARY 18, 1986 1111 5. Taxes And Assessments The duty and liability to pay all taxes, special assessments, if any, for the year in which this sale is consummated, outstanding liabilities to public utilities, or any other outstand ing liability on the public records of Franklin County, Georgia, which are or may become liens on the real property shall be assumed by Purchaser. 6. Risk Of Loss Prior to delivery of the Quitclaim Deed, the risk of damage to the real property by fire or other casualty is hereby expressly assumed by Seller. Should the said real property be damaged by fire or other casualty prior to delivery of the Quitclaim Deed, then at the elec tion of Purchaser: (a) this Agreement may be terminated; or (b) Purchaser may elect to consummate this sale and receive as credit toward the pur chase price, a sum equal in amount to any proceeds of insurance as may be paid to Seller on a claim for the loss or may be allocated by Seller in payment for the loss under Seller's self-insurance program. Such election shall be exercised by Purchaser's giving notice to Seller thereof within ten (10) calendar days after the amount of Seller's damage is determined. The risk of damage to the real property by fire or other casualty after delivery of the Quitclaim Deed is hereby expressly assumed by Purchaser. 7. Fire And Casualty Insurance Prior to delivery of the Quitclaim Deed, Seller, free of expense to Purchaser, shall keep the real property insured to the full insurable value thereof against damage by fire or other casualties with a reputable insurance company or companies, or insured by Seller's insurance program, and shall diligently pursue the collection of any insurance proceeds due for losses thereunder accruing prior to delivery of the Quitclaim Deed. Condemnation If, prior to the consummation of this sale, a suit or declaration of taking for the con demnation of the real property or any part thereof shall be filed in a court of competent jurisdiction, or if the real property or any part thereof is otherwise acquired for public purposes or if access to the real property shall be restricted or denied as a result of the filing of a suit in eminent domain, Purchaser shall have the option of terminating this Agreement by giving notice to Seller of his election so to do within ten (10) calendar days of written notice by Seller to Purchaser of such an event. If Purchaser elects not to termi nate this Agreement, the purchase price set forth in the paragraph numbered 2 above shall not be reduced or diminished and any award or compensation paid to Seller prior to consummation of this sale shall be and remain the sole property of Seller. 9. Notices All notices to be given hereunder shall be in writing and shall be given by depositing the notice in Certified Mail - Return Receipt Requested, postage prepaid in an envelope addressed to the party to be notified at such party's address as herein set forth. The Sender of said written notice shall request the United States Postal Service to "Show to 1112 JOURNAL OF THE HOUSE, whom, date and address of delivery" of said written notice. The day upon which such notice is so mailed shall be treated as the date of service. 10. Continuity All of the terms, conditions, provisions and stipulations contained in this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. 11. Exclusive Agreement This Agreement represents the complete and exclusive agreement between the parties hereto. IN WITNESS WHEREOF, Purchaser has caused this Agreement to be executed this 12th day of December, 1985. INDIVIDUAL(S) Charles Alien Fields__ (Signature) Name:____Charles Alien Fields____ Type Or Print Address: Route 3, Box 15_______ Type Or Print Royston, Georgia 30662 Type Or Print Telephone Number Including Area Code: _______404-245-8936_________ Type Or Print (Signature) Name:_____________________ Type Or Print Address:___________________ Type Or Print Type Or Print Telephone Number Including Area Code: Type Or Print (Signature) Official Witness, Notary Public Date of My Execution As Notary: TUESDAY, FEBRUARY 18, 1986 1113 My Commission Expires: (Notary Public Seal Affixed Here) IN WITNESS WHEREOF, Seller has caused this instrument to be executed this day of ______, 19_ STATE OF GEORGIA BY: ___________L.S. Governor Joe Frank Harris ATTEST: __________L.S. Secretary of State Max Cleland (Seal of The State of Georgia Affixed Here) Signed, sealed and delivered in our presence on the following date of execution by the notary: Unofficial Witness Official Witness, Notary Public Date of My Execution As Notary: My Commission Expires Legal Description All that tract or parcel of land lying and being in 370th District, G. M. of Franklin County, Georgia, containing 0.7548 acre, bounded on the north by right-of-way of U.S. Highway No. 29, running between Royston, Georgia, and Athens, Georgia; on the east by lands now or formerly of Joe Bryant; on the south by lands now or formerly of Martin Neal; and on the west by lands now or formerly of Martin Neal, More particularly described as follows: BEGINNING at an iron pin corner on the south side of the right-of-way of U. S. High way No. 29 where property herein described corners with property now or formerly of Joe Bryant and running thence with property now or formerly of Joe Bryant south 10 degrees 15 minutes west a distance of 312 feet to an iron pin corner; thence running with property now or formerly of Martin Neal south 87 degrees west a distance of 102.72 feet to an iron pin corner; thence continuing with property now or formerly of Martin Neal north 10 degrees 15 minutes east a distance of 345.7 feet to an iron pin corner on the south side of the right-of-way of U. S. Highway 29 south 73 degrees 58 minutes east a distance of 100.5 feet to the point of beginning. The above described property is fully described by a plat of survey prepared by J. B. Stephenson, County Surveyor, Franklin County, Georgia, on November 13, 1962, a copy of said plat being recorded in Plat Book No. 3, 1114 JOURNAL OF THE HOUSE, page 279, records of Franklin County, Georgia, and said plat and the record thereof are by reference incorporated herein as a part hereof. EXHIBIT "A" STATE OF GEORGIA, SPC 85-7-042 COUNTY OF FULTON: QUITCLAIM DEED THIS QUITCLAIM DEED is made and entered into this __day of ____, 19_, by and between the STATE OF GEORGIA, whose address is c/o Executive Director, State Properties Commission, Post Office Box 38121, Capitol Hill Station, Atlanta, Georgia 30334, Party of the First Part, hereinafter sometimes referred to as "Grantor", and Charles Alien Fields, whose address is Route 3^ Box 15, Royston, Georgia 30662, Party of the Second Part, hereinafter referred to as "Grantee". WITNESSETH THAT: WHEREAS, the State of Georgia is the owner of certain real property situate in Frank lin County, Georgia (hereinafter referred to as the "real property"), being more partic ularly described in EXHIBIT "A" attached hereto, incorporated herein and by this reference made a part hereof; and WHEREAS, The State Properties Commission, hereinafter sometimes referred to as the "Commission", advertised the sale of the real property through public competitive bidding; and WHEREAS, the Grantee herein made a Bid thereon, and the Commission, at its meet ing on December 18, 1985, determined and announced the said Bid to be the most advan tageous to the State of Georgia; and WHEREAS, by a constitutional majority vote in each house, both the House of Repre sentatives and the Senate, in the 1986 Regular Session of the General Assembly of the State of Georgia, have adopted (passed), Resolution Act No. __ (__ Resolution No. __) ("said Resolution"), authorizing and directing the conveyance of the real property to the Grantee herein; and WHEREAS, the General Assembly declared in said Resolution that custody of said real property is vested in the Commission; and WHEREAS, the General Assembly declared further in said Resolution that the said real property is no longer useful to or needed by the State of Georgia and is therefore surplus; and WHEREAS, the Governor of the State of Georgia approved the said Resolution on _____ _ NOW, THEREFORE, the Grantor, for and in consideration of the sum of SEVENTY TWO THOUSAND ONE HUNDRED THIRTY SIX and 00/xx DOLLARS ($72,136.00) in hand paid, the mutual and several covenants contained herein, receipt and sufficiency whereof are hereby acknowledged, has remised, conveyed and forever QUITCLAIMED, and by these presents does remise, convey and forever QUITCLAIM unto the Grantee all the right, title, interest, claim or demand which the Grantor has or may have had in and to all that tract or parcel of land more particularly described in EXHIBIT "A" attached hereto and by reference incorporated herein and made a part hereof. It is agreed by and between the parties hereto that as a part of the consideration the real property is conveyed by the Grantor subject to all easements, deeds of conveyance, existing tax liabilities, existing special assessments, grants of right or privilege, or any other use whether visible or not which might be revealed by an inspection and investi gation of the real property hereby conveyed or of the laws of the State of Georgia or of the records of the public utility companies doing business in Franklin County, Georgia or of the public records of Franklin County, Georgia. TO HAVE AND TO HOLD the said described real property to the Grantee, so that nei ther the Grantor nor any person or persons claiming under the Grantor shall at any time, TUESDAY, FEBRUARY 18, 1986 1115 by any means or ways, have, claim or demand any right or title to said real property or appurtenances, or any rights thereof. IN WITNESS WHEREOF, the Grantor has caused these presents to be signed, sealed and delivered by the Chairman of the Commission, in his capacity as Governor of the State of Georgia, for and on behalf of and in the name of the State of Georgia, the same being attested to by the Secretary of the Commission in his capacity as Secretary of State of the State of Georgia, who have hereunto affixed the Great Seal of the State of Georgia on the day, month and year first above written. STATE OF GEORGIA BY: ___________L.S. Governor Joe Frank Harris ATTEST: ____________L.S. Secretary of State Max Cleland (GREAT SEAL OF THE STATE OF GEORGIA AFFIXED HERE) Signed, sealed and delivered in our presence on the following date of execution by the notary: Unofficial Witness Official Witness, Notary Public Date of My Execution As Notary: My Commission Expires: Legal Description All that tract or parcel of land lying and being in 370th District, G. M. of Franklin County, Georgia, containing 0.7548 acre, bounded on the north by right-of-way of U.S. Highway No. 29, running between Royston, Georgia, and Athens, Georgia; on the east by lands now or formerly of Joe Bryant; on the south by lands now or formerly of Martin Neal; and on the west by lands now or formerly of Martin Neal, More particularly described as follows: BEGINNING at an iron pin corner on the south side of the right-of-way of U. S. High way No. 29 where property herein described corners with property now or formerly of Joe Bryant and running thence with property now or formerly of Joe Bryant south 10 degrees 15 minutes west a distance of 312 feet to an iron pin corner; thence running with property now or formerly of Martin Neal south 87 degrees west a distance of 102.72 feet to an iron pin corner; thence continuing with property now or formerly of Martin Neal north 10 degrees 15 minutes east a distance of 345.7 feet to an iron pin corner on the south side of the right-of-way of U. S. Highway 29 south 73 degrees 58 minutes east a distance of 1116 JOURNAL OF THE HOUSE, 100.5 feet to the point of beginning. The above described property is fully described by a plat of survey prepared by J. B. Stephenson, County Surveyor, Franklin County, Georgia, on November 13, 1962, a copy of said plat being recorded in Plat Book No. 3, page 279, records of Franklin County, Georgia, and said plat and the record thereof are by reference incorporated herein as a part hereof. EXHIBIT "A" 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 91, nays 5. The Resolution, having received the requisite constitutional majority, was adopted. 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 370. By Senator Peevy of the 48th: A bill to amend Code Section 15-7-24 of the Official Code of Georgia Anno tated, relating to solicitors, so as to authorize certain changes in the qual ifications of such office by local law. The following Committee substitute was read and adopted: A BILL To amend Code Section 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors, so as to change the residency requirement for the office of solicitor of the state court; 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 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors, is amended by striking subsection (b) which reads as follows: "(b) Each solicitor of the state court shall have been a resident of the geographic area in which he is selected to serve for one year next preceding the beginning of his term of office, shall as of such date be at least 25 years of age, and shall have been admitted to practice law for one year.", and inserting in lieu thereof a new subsection (b) to read as follows: "(b) Each solicitor of the state court shall, on the date he takes office, permanently reside in the geographic area in which he is selected to serve, shall as of such date be at least 25 years of age, and shall have been admitted to practice law for one year." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 104, nays 7. The Bill, having received the requisite constitutional majority, was passed, by substi tute. TUESDAY, FEBRUARY 18, 1986 1117 Representative Wall of the 61st wished to be recorded as voting "nay" on the passage of SB 370, by substitute. Representative Dobbs of the 74th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 370, by substitute. SB 352. By Senators Cobb of the 28th and Gillis of the 20th: A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Anno tated, relating to state printing and documents, so as to repeal certain provi sions relating to microforms; to provide authority for the establishment of microform standards. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 101, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 524. By Representatives Cheeks of the 89th, Padgett of the 86th, Ransom of the 90th, Brown of the 88th and Connell of the 87th: A resolution redesignating the Gracewood State School and Hospital in Richmond County as the Norman B. Pursley Georgia Developmental Center. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Adams.O Y Adams.M Y Aiken Y Alford Y Alien Y Anderson Argo Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M Y Beck Y Benefield Y Benn Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Brooks Y Brown.G Y Buck Burruss Y Byrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Colbert Y Coleman Y Colwell Connell Cooper Y Copelan Y Couch Y Cox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Y Dean Dixon Y Dobbs Y Dover Y Dunn Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Manner Y Harris Y Hasty Y Hays Y Heard Y Hill Y Holcomb Holmes Y Hooks Y 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 Lee.C Y Lee.W Y Linder Y Logan Y Long Y Lord 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 Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Pettit Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom Y Ray Y Reaves Y Redding Y Richardson Robinson.C Y Robinson.P Y Roas Y Royal Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Smith.T Y Smyre Y Stand! Y Steinberg Thomas.C Y Thomas M Y Thnmmon Yv* T,,' or'w.Pn,'esuend v ',wff,s Waddle Y Waldrep v Walker.C Y Walker.L 1118 JOURNAL OF THE HOUSE, Y Wall Ware Y Watson Y Watts Y 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 146, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. Due to mechanical failure, the vote of Representative Birdsong of the 104th was not recorded on the preceding vote. He wished to vote "aye" thereon. HB 1686. By Representative Reaves of the 147th: A bill to amend Chapter 10 of Title 50 of the Official Code of Georgia Anno tated, relating to the Georgia Development Authority, so as to revise extensively the provisions relating to the Georgia Development Authority. The following amendment was read and adopted: The Committee on Agriculture and Consumer Affairs moves to amend HB 1686 as fol lows: By inserting following the words "ex officio" on line 3 of page 3 and on line 20 of page 3 the following: ", who shall be chairman of the authority". By striking from lines 4 and 5 and lines 21 and 22 of page 3 the following: "community affairs", and inserting in lieu thereof the following: "industry and trade". By striking from lines 31 and 32 of page 47 the following: "the election and duties of officers of the authority", and inserting in lieu thereof the following: "the election of officers of the authority other than the chairman, the duties of officers of the authority". 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 Adams.G YAdams.M Y Aiken Alford Y Alien Y Anderson Argo Y Athon Y Atkins Y Auten Y Bailey Baikcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M Y Beck Y Benefield Benn Y Birdsong Bishop Bolster Y Bostick Branch Y Bray Brooks Y Brown.G Y Buck Burruss Y Byrd Y Carter Chambless Y 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 Y Crosby Y Cummings Daugherty Y Davis Dean Dixon Y Dobbs Y Dover Dunn Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Y Manner Y Harris Y Hasty Y Hays Y Heard Y Hill Y Holcomb TUESDAY, FEBRUARY 18, 1986 1119 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 YLane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under Y Logan Y Long Y Lord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Y Milan. Y Milford Y Moody Y Moore Y Morton Y Mostiler Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom Ray Y Reaves Redding Y Richardson Y Robinson.C Y Robinson.P Y Ross Y Royal Russell Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith.P Smith.T Y Smyre Y Stancil Steinberg 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 Watson Watts Y White Wilder Y Williams B Y wiliiams'j Y wjn:., ' R Y W Uon ' TM "sn Y ""f Workman Yeargm Y Young Murphy.Spkr On the passage of the Bill, as amended, the ayes were 139, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HR 687. By Representatives Reaves of the 147th, Royal of the 144th, Godbee of the 110th, Moore of the 139th and Matthews of the 145th: A RESOLUTION Creating the Joint Farm Labor Sanitation Study Committee; and for other purposes. WHEREAS, the State of Georgia is committed to improving the sanitation conditions of farm labor in Georgia; and WHEREAS, the State of Georgia is committed to ensuring that adequate drinking water, toilet facilities, and other necessities are provided for farm labor throughout Georgia; and WHEREAS, farm labor sanitation is an important health and labor issue; and WHEREAS, it has been determined by public health officers commissioned by the United States Department of Labor that more than 500,000 American farm workers suffer rates of infectious disease comparable to those of third-world peasants; and WHEREAS, currently only 13 states have field sanitation standards. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Farm Labor Sanitation Study Committee to be composed of three members from the House of Representatives to be appointed by the Speaker of the House, three members from the Senate to be appointed by the President of the Senate, three members to be appointed by the Commissioner of Labor, and three members to be appointed by the Commissioner of Human Resources. The President of the Senate shall appoint a chairman, with the Speaker of the House appointing a vice-chair man. The committee shall undertake a thorough study of the problems of farm labor sani tation. Each legislative member of the committee shall receive the expenses and allowances authorized by law for members of legislative interim committees. Any state officer or employee member of said committee shall receive no compensation for his services, but he shall be reimbursed for expenses incurred by him in the performance of his duties as a member of the committee. Any member of the committee who is a citizen at large shall receive no compensation from state funds for his services but shall be reimbursed for his actual and necessary expenses incurred in the performance of official committee business. The funds necessary for the reimbursement of the expenses of any state officer or 1120 JOURNAL OF THE HOUSE, employee member shall come from funds appropriated or otherwise available to his depart ment. All other funds necessary to carry out the provisions of this resolution shall come from the funds appropriated or otherwise available to the legislative branch of government. The members of the committee shall not receive any allowances or reimbursement for expenses for more than ten days of service unless additional days are authorized by the Speaker of the House and the President of the Senate. The committee shall make a report of its findings and recommendations on or before the convening of the regular 1987 session of the General Assembly, on which day the committee will stand abolished. The following amendment was read and adopted: Representative Reaves of the 147th moves to amend HR 687 by striking from line 21 of page 1 the word "three" and inserting in lieu thereof the word "one". By striking from line 22 of page 1 the word "members" and inserting in lieu thereof the word "member". By striking from line 23 of page 1 the words "three members" and inserting in lieu thereof the words "one member". By striking lines 1 through 3 of page 2, which read as follows: "be appointed by the President of the Senate, three members to be appointed by the Commissioner of Labor, and three members to be appointed by the Commissioner of Human", and inserting in lieu thereof the following: "be appointed by the President of the Senate, one member to be appointed by the Commissioner of Labor, one member to be appointed by the Commissioner of Agricul ture, and one member to be appointed by the Commissioner of Human". The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended. On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows: Y Aaron Adams,G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson Argo 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 Bolster Y Bostick Y Branch YBray Y Brooks Brown.G YBuck Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs 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 Davis Dean Dixon Y Dobbs Y Dover YDunn Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y 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 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 YLong YLord Y Lucas Y Lupton 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 Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Y Pettit Y 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 TUESDAY, FEBRUARY 18, 1986 1121 Y Boss Y Royal Russell Y Selman Y Shepard Y Sherrod YSinkfield Y Sizemore Y Smith.L Y Smith,P Smith.T Y Smyre Y Stancil Y Steinberg Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts Y White 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, as amended, the ayes were 146, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. SB 50. By Senator Deal of the 49th: A bill to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of certain judicial offi cers and employees in the Employees' Retirement System of Georgia, so as to provide that certain secretaries of district attorneys shall have the right to purchase service credit for certain periods of time. The following Committee substitute was read and adopted: A BILL To amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of certain judicial officers and employees in the Employees' Retirement System of Georgia, so as to provide that certain secretaries of superior court judges and district attorneys shall have the right to purchase service credit for certain periods of time during which they were employed as such secretaries prior to becoming members of the retirement system; 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 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of certain judicial officers and employees in the Employees' Retirement System of Georgia, is amended by striking Code Section 47-2-264, relating to membership in the retirement system of secretaries of superior court judges and district attorneys, and inserting in lieu thereof a new Code Section 47-2-264 to read as fol lows: "47-2-264. (a) Each secretary employed by a judge of the superior court or a dis trict attorney under Code Section 15-6-25 or 15-18-17 shall be a member of the Employees' Retirement System of Georgia with a commencement date of July 1, 1975. Any such secretary who is already a member of the retirement system by virtue of service with another employer shall be entitled to credit for all service rendered while an employee under the retirement system. All contributions required under this chapter shall be paid from funds appropriated or otherwise available for the operation of the superior courts, and all such payments shall be in addition to the regular compensation provided by law for such secretaries. (b) Any member who is a secretary of a judge of the superior court or a district attorney and who was employed as such a secretary prior to July 1^ 1975, may receive creditable service under this chapter for such employment prior to July 1^ 1975, as pro vided in this subsection. In order to obtain creditable service under this subsection, the member shall provide to the board of trustees acceptable evidence of the period prior to July lj 1975, during which the member was employed as a secretary of a judge of the superior court or a district attorney and shall pay to the board of trustees an amount determined by the board to be sufficient to cover the full actuarial cost of grant ing the creditable service claimed by the member. No creditable service shall be allowed 1122 JOURNAL OF THE HOUSE, under this subsection for any period of employment for which creditable service is allowed under any other provision of this chapter or for which creditable service is received under any provision of any other retirement or pension system of this state or of any political subdivision of this state." Section 2. This Act shall become effective July 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 sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefleld YBenn Bird&ong Bishop Bolster Y Bostick Branch Bray Y Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Y Cooper Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Dixon Y Dobbs Y Dover Y Dunn Edwards Y Felton Y Floyd Y Foster Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Hamilton Y Hanner Y Harris 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 YLee.C YLee.W Y Under Y Logan YLong YLord Lucas Y Lupton Maddox Y Mangum Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney YMilam Y Milford Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Y Pettit Y 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 Russell YSelman 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 Waddle Y Waldrep Walker.C Y Walker,L NWall Ware Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Wilson YWcod Workman Y Yeargin Y Young Murphy.Spkr On the passage of the Bill, by substitute, the ayes were 145, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1696. By Representatives Logan of the 67th and Thomas of the 69th: A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to change provisions relating to authorization of superior court judges to accept and receive reimbursement for the actual expenses of continuing judicial edu cation; to change the maximum amount of such reimbursement in certain cases. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. TUESDAY, FEBRUARY 18, 1986 1123 On the passage of the Bill, 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 Y Athon Y Atkins Y Auten Y Bailey N Balkcom N Bannister N Bargeron Barnett.B N Barnett.M YBeck Y Benefield Benn Y Birdsong Y Bishop Bolster Bostick Y Branch YBray Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks N Childers Childs Clark.B Y Clark.L Y Colbert Y Coleman Colwell Connell N Cooper Copelan Couch YCox N Crawford Y Crosby Y Cummings Daugherty Davis YDean Y Dixon NDobbs Y Dover N Dunn Edwards Y Felton Y Floyd N Foster Galer N God bee N Goudwin Y Greene Greer Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard NHill Y Holcomb Holmes Y Hooks N Home N Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Johnson,? Y Johnson.R Johnson,S Kilgore Y Kingston Y Lane.D Y Lane.R N Lawler Y Lawrence Y Lawson Lee.C YLee,W Y Linder YLogan YLong YLord Lucas N Lupton Maddox Y Mangum Y Martin.C Y Martin,J N Matthews Y McDonald N McKelvey McKinney Milam Y Milford N Moody N Moore Y Morton Y Mostiler Y Moultrie N Mueller Y Oliver.C Y Padgett Pannell Y Parham N Parrish Patten Y Peters Y Pettit Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom NRay Reaves Redding Y Richardson Y Robinson.C Y Robinson.P YRoss Y Royal Russell Selman Y Shepard Y Sherrod Sinkfield N Sizemore Y Smith.L Y Smith,P Smith.T Smyre Y Stancil Y Steinberg Thomas.C Y Thomas.M Y Thompson Townsend Y Triplett Twiggs Waddle Y Waldrep Walker.C Y Walker.L N Wall Ware Y Watson N Watts Y White N Wilder Y Williams,B N Williams.J Y Williams.R Wilson Y Wood Workman Y Yeargin Y Young Murphy.Spkr On the passage of the Bill, the ayes were 104, nays 29. The Bill, having received the requisite constitutional majority, was passed. HB 1713. By Representatives Dobbs of the 74th and Triplett of the 128th: A bill to amend Code Section 32-10-60 of the Official Code of Georgia Anno tated, relating to the definitions in the State Tollway Authority Law, so as to allow additionally the contributions from the United States government to be considered in the determination of whether a project of the State Tollway Authority is self-liquidating; to remove certain limitations on such determi nations. 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 Y Alford N Alien Y Anderson Argo 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 Y Brooks Y Brown.G YBuck Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Y Clark.L Y Colbert Coleman Y Colwell Connell Y Cooper Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis YDean Y Dixon Y Dobbs Y Dover Dunn Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Hanner Y Harris 1124 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 Y Kingston Y Lane,D YLane.R Y Lawler Y Lawrence Y Lawson Y Lee.C YLee.W Y Under Y Logan YLong YLord Y Lucas Y Lupton Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews McDonald McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Pannell Y Parham Y Parrish Patten Y Peters Pettit Y Phillips Pinkston Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall 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 Y Sizemore Y Smith.L Y Smith.P Y Smith.T Smyre Y Stancil Y Steinberg YThomas.C 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 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 145, nays 1. The Bill, having received the requisite constitutional majority, was passed. Due to mechanical malfunction, the vote of Representative Dunn of the 73rd was not recorded. He wished to vote "aye" thereon. HB 1693. By Representatives Cummings of the 17th, Hasty of the 8th, Chance of the 129th, Galer of the 97th, Holcomb of the 72nd and others: A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide that public school employees with 20 years or more of creditable service but not eligible to receive retirement benefits shall be eligible to con tinue coverage under the state health benefit plan upon payment of the full cost of the premium. The following Committee substitute was read and adopted: A BILL To amend Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public school employees, so as to provide that public school employees who have 20 years or more of creditable service but who are not eligible to receive retirement benefits and surviving spouses and dependent children of certain employees, annuitants, or other persons shall be eligible to continue coverage under the state health benefit plan upon payment of the full cost of the premium; to provide for rules and regulations; to repeal conflicting laws; and for other pur poses. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public school employees, is amended by adding two new Code Sections 20-2-915.1 and 20-2-915.2 to read as follows: "20-2-915.1. Notwithstanding any other provisions of this subpart to the contrary, the board shall offer continuous coverage to any public school employee with 20 or more years of creditable service who is not eligible to receive retirement benefits because of age. The public school employee shall pay both the employer and employee premiums for such insurance coverage. TUESDAY, FEBRUARY 18, 1986 1125 20-2-915.2. At the time of death of any employee, annuitant, or other person who has elected coverage under said contract or contracts for health insurance and who dies hav ing the required creditable service for receiving a benefit from a retirement system of this state which is operated for teachers or public school employees, any spouse or dependent child or children included in the coverage of the contract or contracts for health insurance as provided in this subpart may be entitled to continue such coverage upon agreeing to pay contributions to the cost of such coverage as may be provided by rules and regulations of the board. The board shall be authorized to promulgate and adopt rules and regulations governing the continuance, discontinuance, and resumption of coverage by any such spouse or dependent child or children. The board shall be authorized to promulgate rules and regulations governing the continuance of coverage by a spouse and dependent children of a retired employee when retirement benefits are insufficient for payment of the health insurance premium." Section 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the 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 Argo Y Athon Y Atkins YAuten Y Bailey Y Balkcom Y Bannister Y Bargeron Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Y Cooper Y Copelan Couch YCox Y Crawford Crosby Y Cummings Y Daugherty Davis Dean Y Dixon Y Dobbs Y Dover YDunn Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks YHorne Y Hudson YIsakson 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 Y Lawler Y Lawrence Y Lawson YLee.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 Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P YRoss Y Royal 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 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 Y Williams.R Y Wilson YWood Workman Y Yeargin Y Young Murphy,Spkr On the passage of the Bill, by substitute, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. 1126 JOURNAL OF THE HOUSE, HR 514. By Representatives Home of the 103rd and Lucas of the 102nd: A resolution granting a perpetual easement for construction, operation, and maintenance of a lightguide cable under property owned by the State of Georgia in Bibb County, Georgia. The following amendments were read and adopted: The Committee on State Institutions and Property moves to amend HR 514 by strik ing from Line 7, Page 1 and from Line 11, Page 2, the following: "14th", and inserting in their respective places the following: "4". Representatives Home of the 103rd and Groover of the 99th move to amend HR 514 by striking from page 1, line 1 and from page 2, line 4, the word "perpetual" and inserting in lieu thereof the word "revocable". 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 Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson Argo 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 YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Cheeks Y Childers Y Childs Clark.B Y Clark.L Y Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Crosby Y Cummings Y Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Y Dunn Edwards Y Felton Y Floyd Y Foster Y Gaier Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Hanner Harris Y Hasty YHavs Y 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 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 McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Pettit Phillips 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 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 Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Y 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, as amended, the ayes were 150, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. TUESDAY, FEBRUARY 18, 1986 1127 The Speaker assumed the Chair. HB 1723. By Representatives Watson of the 114th and Kilgore of the 42nd: A bill to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as to prohibit certain unauthorized transfers and reproductions of recorded materials. The following amendment was read and adopted: Representative Kilgore of the 42nd moves to amend HB 1723 by striking from line 4, page 3, the word "compensation" and inserting in lieu thereof the word "profit". The following amendment was read: Representatives Linder of the 44th and Dean of the 29th move to amend HB 1723 by adding a new Section (f) on page 3, line 18, to read as follows: "(f) Casual sales between individuals for the purpose of sharing entertainment does not constitute a violation of this code section." On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Aaron Adams.G Adams,M Y Aiken N Alford Y Alien N Anderson Argo N Athon N Atkins Y Auten N Bailey N Balkcom Y Bannister N Bargeron N Barnett.B Y Barnett.M NBeck N Benefield Benn N Birdsong Y Bishop Bolster N Bostick N Branch YBray Y Brooks Y Brown.G Buck N Burruss NByrd N Carter Chambless N Chance N Cheeks N Childers Y Childs Clark.B Y Clark.L Y Colbert Coleman N Colwell N Connell N Cooper Y Copelan N Couch NCox N Crawford Y Crosby N Cummings N Daugherty Y Davis N Dean Dixon N Dobbs N Dover N Dunn Edwards Y Felton N Floyd Y Foster N Galer N Godbee Y Goodwin N Greene Greer Y Groover N Hamilton N Hanner N Harris N Hasty N Hays Y Heard YHill N Holcomb N Holmes Hooks Home N Hudson YIsakson N Jackson,,! N Jackson.N N Jamieson Johnson,D Y Johnson,F N Johnson,R N Johnson.S N Kilgore Y Kingston N Lane.D N Lane.R N Lawler Y Lawrence Lawson N Lee.C N Lee.W Y Linder N Logan N Long NLord Lucas Y Lupton N Maddox N Mangum N Martin.C N Martin,J Matthews McDonald N McKelvey Y McKinney N Milam Milford N Moody Moore Y Morton N Mostiler N Moultrie Y Mueller N Oliver.C N Padgett N Pannell Y Parham N Parrish Patten N Peters Pettit N Phillips Pinkston N Porter N Rainey N Ramsey.T Y Ramsey.V Y Randall Y Ransom Ray Reaves N Redding N Richardson Y Robinson.C N Robinson.P NRoss N Royal N Russell N Selman On the adoption of the amendment, the ayes were 40, nays 100. The amendment was lost. Y Shepard N Sherrod Sinkfield Sizemore N Smith.L N Smith.P Smith.T Smyre N Stancil N Steinberg Thomas.C N Thomas.M N Thompson Y Townsend N Triplett N Twiggs Waddle N Waldrep Walker,C N Walker,L Y Wall Ware N Watson N Watts White Y Wilder Williams,B N Williams,J Williams.R N Wilson N Wood Workman N Yeargin Y Young Murphy.Spkr 1128 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Aaron Adams,G Y Adams.M Y Aiken Y Alford N Alien Y Anderson Argo Y Athon Y Atkins Auten Y Bailey Y Balkcom Bannister Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield Benn Y Birdsong Y Bishop Bolster Y Bostick Y Branch YBray Y Brooks N Brown.G YBuck Y Burruss YByrd Y Carter Chambless Y Chance Y Cheeks Y Childers N Childs Clark.B N Clark.L Y Colbert Y Coleman N Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford N Crosby Y Cummings Y Daugherty Y Davis Y Dean N Dixon Y Dobbs Y Dover Dunn Edwards Y Felton Y Floyd N Foster Y Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Y Manner Y Harris Y Hasty NHays 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 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 NLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews McDonald Y McKelvey N McKinney YMilam Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie N Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Patten Y Peters Pettit Y Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T YRamsey.V YRandall Y Ransom YRay Reaves Y 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 N Smith.T Smyre Y Stancil Y Steinberg Thomas.C Thomas, M Y Thompson Y Townsend Y Triplett YTwiggs Waddle Y Waldrep Walker.C Y Walker,L YWall Ware Y Watson Y Watta White Y Wilder Y Williams.B Y Williams^ Y Williams.R Y Wilson Wood Workman Y Yeargin Y Young Murphy,Spkr On the passage of the Bill, as amended, the ayes were 136, nays 14. The Bill, having received the requisite constitutional majority, was passed, as amended. The Speaker announced the House in recess until 2:00 o'clock, this afternoon. TUESDAY, FEBRUARY 18, 1986 1129 AFTERNOON SESSION The Speaker called the House to order. The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto: HB 748. By Representatives Johnson of the 72nd and Bailey of the 72nd: A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Anno tated, relating to bonds and recognizances, so as to provide additional condi tions for the release of a surety from liability; to provide for the remission of forfeiture under certain conditions. The following Senate substitute was read: A BILL To amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide additional conditions for the release of a surety from liability; to provide when a forfeiture occurs; to provide for deposits of bond amounts into the registry of the court in certain cases; to provide for disbursements from the registry at the conclusion of a forfeiture proceeding; to provide for the remission of forfeiture under certain conditions; to provide for such conditions; to provide for applica tions for remission; to provide for other matters relative to the foregoing; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by striking Code Section 17-6-31, relating to the procedure for the surrender of the principal on a surety bond, in its entirety and substitut ing in lieu thereof a new Code Section 17-6-31 to read as follows: "17-6-31. A When the court is not in session, a surety on a bond may surrender his the surety's principal to the sheriff in order to be released from liability. When the court is in session, a surety on a bond may surrender the surety's principal in open court er; when the court is net in session, te the sheriff in order te be and the principal shall be considered surrendered by plea of guilty or nolo contendere to the court or if the principal is present in person when the jury or judge, if tried without a jury, finds the principal guilty and, upon such plea or finding of guilty, the surety shall be released from liability. If the principal does not appear by the end of the day on which the prin cipal was bound to appear, forfeiture proceedings shall be initiated. The death of the principal shall be equivalent to a surrender." Section 2. Said chapter is further amended by striking in its entirety Code Section 17-6-70, relating to the commencement of forfeiture proceedings, and inserting in its place a new Code Section 17-6-70 to read as follows: "17-6-70. A bond forfeiture proceeding shaH be commenced occurs immediately upon the failure of appearance of a principal of any bond or recognizance given for the appearance of that person." Section 3. Said chapter is further amended by striking in its entirety Code Section 17-6-71, relating to execution hearings on bonds, and inserting in its place a new Code Section 17-6-71 to read as follows: "17-6-71. (a) The judge shall upon the failure to appear set order an execution hearing for a date at Jeast not later than 90 days after the failure to appear er as seen as the ease tttey fee heatd. In addition to a hearing date, the judge shall order 1130 JOURNAL OF THE HOUSE, that the bond amount be deposited into the registry of the court within 45 days follow ing the date of the order. Notice of the hearing shall be mailed by first-class mail by the clerk of court to the principal and to each surety at the addresses given on the bond. (b) If at the hearing it is determined that the bond should be forfeited, the judge shall so order and2 after rendering such judgment of forfeiture, an execution on the order shall immediately be issued upon the bond amount. In the event that the bond amount is not so forfeited, it shall be returned from the registry of the court to the prin cipal or the surety, whomever made such deposit. (c) After the passage of 120 days from the date of a failure to appear, any bond amounts which have been paid into the registry of the court shall be paid over by the clerk to the fines and forfeitures fund." Section 4. Said chapter is further amended by adding at the end of Code Section 17-6-72, relating to the judgment of forfeiture of appearance bonds, a new subsection (e) to read as follows: "(e) (1) On application filed within 120 days from forfeiture, the court shall order remission if it determines that there was no breach of the bond. (2) Provided the bond amount has been paid into the registry of the court and there has been no breach of the terms of the bond, if the defendant surrenders or is apprehended within 90 days after forfeiture and the delay has not prevented the proper prosecution of the defendant, the court, on motion at a hearing upon notice having been given to the prosecuting attorney as required by paragraph (4) of this subsection, may direct remission of a maximum of 90 percent of a forfeiture if the surety apprehended and surrendered the defendant or if the apprehension or surren der of the defendant was substantially procured or caused by the surety. (3) Remission of a forfeiture shall not be ordered for any reason other than those specified in this subsection. (4) The prosecuting attorney must be given at least 20 days' notice before a hear ing is held on the application for remission and must be furnished with a copy of the application along with the affidavits and other documentation and evidence support ing such application. Remission shall be granted on the condition of the payment of costs by the surety unless the ground for remission is that there was no breach of the bond as provided in paragraph (1) of this subsection." Section 5. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Johnson of the 72nd moves to amend the Senate Substitute to HB 748 by striking the word "After" where it appears in line 7 on page 3 and inserting in lieu thereof the following: "Upon the denial of the application under subsection (e) of Code Section 17-6-72 or after". By inserting in line 8 on page 3 between the comma following the word "appear" and the word "any" the following: "if no application is pending,". Representative Johnson of the 72nd moved that the House agree to the Senate substi tute, as amended by the House, to HB 748. On the motion, the ayes were 100, nays 0. The motion prevailed. HB 1262. By Representatives Thompson of the 20th, Hamilton of the 124th, Bailey of the 72nd, Walker of the 115th, Benefield of the 72nd and others: TUESDAY, FEBRUARY 18, 1986 1131 A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs for children and youth, so as to provide for emer gency powers to enable the Department of Human Resources to order the emergency relocation of residents in a child-caring institution other than a day-care facility; to provide for the emergency prohibition of admission to a child-caring institution other than a day-care facility. The following Senate amendment was read: Amend HB 1262 by striking in their entirety lines 3 through 6 on page 4, which read as follows: "(iii) The health, safety, security, rights, or welfare of the children in care cannot be adequately assured by the facility.", and inserting in lieu thereof the following: "(iii) Children are suspected of being subjected to injury or life-threatening situation or the health or safety of the child or children is in danger." Representative Thompson of the 20th moved that the House agree to the Senate amendment to HB 1262. On the motion, the ayes were 113, nays 0. The motion prevailed. HB 1338. By Representatives Bray of the 91st, Steinberg of the 46th, Greene of the 130th, Holmes of the 28th and Moultrie of the 93rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to remove certain requirements that in any county having a population of more than 100,000 according to the United States decennial census of 1960 or any such future census, certain additional voter registration places be designated and staffed under certain circumstances. The following Senate substitute was read: A BILL To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the powers and duties of the election super intendent and the registrars and board of registrars; to remove certain requirements that in any county having a population of more than 100,000 according to the United States decennial census of 1960 or any such future census, certain additional voter registration places be designated and staffed under certain circumstances; to provide that unless other wise provided by law, certain state-wide ballot questions shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and certain local questions shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent; to provide for alternative methods for answering certain ballot questions; to provide for the form of certain questions on bal lot labels; to provide that certain qualified absentee electors may apply not earlier than 120 days before an election for a special write-in absentee ballot; to provide that a result of a primary or election may be contested for any other cause which shows that another was the person legally nominated, elected, or eligible to compete in a run-off primary or election; to provide that the Secretary of State shall furnish to the proper superintendent certain materials and supplies for use in all municipal elections and primaries; to provide 1132 JOURNAL OF THE HOUSE, that notice of the opening and closing dates for candidates to qualify shall be published in the call for the election; to provide that additional places and hours of operation shall be advertised in a newspaper of general circulation in the municipality or in the form of a public service announcement on radio or television one or more times at least three days prior to the first day for registration; to provide for alternative methods for answering cer tain ballot questions; 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 Code Section 21-2-45, relating to authorization of creation of cer tain joint boards of elections and boards of elections and registration, and inserting in its place a new Code Section 21-2-45 to read as follows: "21-2-45. (a) The General Assembly may by local Act create a joint countymunicipal board of elections in any county of this state for that county and any munici pality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections pursuant to this chapter and Chapter (b) The General Assembly may by local Act create a joint county-municipal board of elections and registration in any county of this state for that county and any munici pality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections pursuant to this chapter and Chapter 3 of this titte and empower the board with the powers and duties of the registrars and board of registrars of that municipality and county with regard to the registration of voters and absentee-balloting procedures." Section 2. Said title is further amended by striking subsection (b) of Code Section 21-2-218, relating to the location of the main office of the board of registrars and the regis tration of electors, and inserting in lieu thereof a new subsection (b) to read as follows: "(b) For the purpose of taking applications for registration and for the purpose of registering electors, such number of registrars or deputy registrars as shall be designated by the chief registrar shall be stationed at such main office where the completed regis tration cards are kept at such times as the office is open during regular office hours. The board of registrars, in addition to the main office, shall designate every municipal and county public library wherein a librarian has elected to serve as a deputy registrar and other fixed places throughout the county as would be reasonably necessary to receive applications for registration and for the registration of electors. Ift any county naving a population OT more tnan J.Uu,uuu according t tnc united otatcs decennial census of 1060 or any such future census, the chief- registrar m each even-numbered year shall designate and staff, en a fuW er part-time basis, additional voter registration places November election in that year. These additional offices for registration will have fixed hours of operation. Voter registration cards shall not be removed from the additional registration places except to be taken to the main office. The same degree of supervision and security provided for the main office to prevent registration irregularities will be provided to these additional offices. Blank registration cards shall be kept in the places designated for registration and completed registration cards shall be kept in the main office of the registrars, provided that completed registration cards may be retained temporarily at permanent additional voter registration places but shall be returned to the main office as expeditiously as possible. In no event shall the completed registration cards be temporarily retained beyond the end of the next business day." Section 3. Said title is further amended by striking subsection (f) of Code Section 21-2-285, relating to the form of official election ballots, and inserting in lieu thereof a new subsection (f) to read as follows: TUESDAY, FEBRUARY 18, 1986 1133 "(f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot to the right of or below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State. Other Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form; te be deter mines by tne secretary or otate ift tnc case or questions te fee voted on Dy tfte' electors OT mope tnan one county, and Dy tnc superintendent ei tnc county tti other cases as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a fail ure to so direct, the form shall be determined by the superintendent. To the left of each question there shall be placed the words 'Yes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check ( CIQ H ITM TM ^ ~1 bCBD &co^o2 " ^ OR co;r SB 526 SB 527 bij 528 SB 529 SB 530 SB 531 SB 536 SR 361 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 follow ing recommendation: HB 1549 Do Pass Respectfully submitted, /s/ Childers of the 15th Chairman THURSDAY, FEBRUARY 20, 1986 1275 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: HB 1745 Do Pass, by Substitute SB 470 Do Pass SB 471 Do Pass SB 473 Do Pass HB 206 Do Pass, by Substitute Respectfully submitted, Milford of the 13th 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 House and has instructed me to report the same back to the House with the follow ing recommendations: HB 1917 Do Pass HB 1384 Do Pass, as Amended Respectfully submitted, /s/ Jackson of the 9th Chairman Representative Coleman of the 118th District, Chairman of the Committee on Public Safety, submitted the following report: Mr. Speaker: Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1347 Do Pass, by Substitute Respectfully submitted, /s/ Coleman of the 118th Chairman Representative Richardson of the 52nd District, Chairman of the Sub-Committee on Local Legislation of State Planning & Community Affairs Committee, 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: 1276 JOURNAL OF THE HOUSE, HB 1851 Do Pass HB 1852 Do Pass HB 1853 Do Pass HB 1855 Do Pass HB 1856 Do Pass HB 1857 Do Pass TM } 858 Do Pass TM 859 Do Pass Pass HB 1861 Do Pass HuHHUnDBBB 11111088a8,c666-o,324. DrDTD-,Vooo PDrnPaaassssss HHBB 11886656 DDoo PPaassss HB 1867 Do Pass HB 1868 Do Pass HB 1869 Do Pass HB 1870 Do Pass HB 1871 Do Pass HB 1872 Do Pass HB 1873 Do Pass HB 1877 Do Pass HB 1880 Do Pass HB 1881 Do Pass HB 1883 Do Pass HB 1884 Do Pass HB 1885 DO Pass HB 1886 Do Pass HB 1889 Do pasg HB 18go D p HB 18gl D p ,,HTHUT,,DBBr> }1,1. 88oQTMr99O,42C,i ^DTD^\oo DPTPD>aassss TM TM ^ 89? Po Paassss HB 1898 Do Pass HB 1899 Do Pass HB 1901 Do Pass HB 1902 Do Pass HB 1903 Do Pass HB 1904 Do Pass HB 1905 Do Pass Respectfully submitted, /s/ Richardson of the 52nd Sub-Committee 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1649 Do Pass, by Substitute HB 1700 Do Pass HR 718 Do Pass Respectfully submitted, 1st Wilson of the 20th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, FEBRUARY 20, 1986 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below: HB 141 HB 1285 HB 1340 HB 1385 HB 1423 Income Tax: Retirement Income: Exemption Health Plan Agency: State-Wide Health-Care Data: Collect Counties: Public Works Contracts (Reconsidered) Mental Health: Disability Services: Provide Driver Training Schools: License Renewal THURSDAY, FEBRUARY 20, 1986 1277 HB 1438 HB 1551 HB 1584 HB 1589 HB 1592 HB 1610 HB 1643 HB 1793 HB 1835 Professional Fund Raisers/Charitable Organizations: Fee Child Custody: Visitation Rights Income Tax: Change of Income: Notification Appalachian Judicial Circuit: Superior Courts: Term Employees' Retirement: Military Service Credit Used Mtr. Veh. Dismantlers/Rebuilders: Out State Buyer Child Custody: Grandparents: Visitation Rights Eminent Domain: Proceedings: Costs Lake Lanier Island Dev. Authority: Actions: Jurisdiction HR 644 Indemnification: Law Enforce Off., Etc.: Perm. Disabil.-CA HR 716 Task Force: Fund Indigent Health Care Program HR 720 Newton, Louie DeVotie: Place Portrait in State Capitol SB 376 Alco. Bev.: Consumption During Pregnancy: Post Danger Sign SB 387 Deceased Persons: Notify Handlers/Infectious Diseases SB 477 Motorcycle Operator Safety Course: Amend Provisions SB 494 MARTA: Certain Income: Transit Operating Rev. ALL APPROPRIATIONS COMMITTEE APPROVED COMPENSATION RESOLU TIONS 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 consider ation and read the third time: HB 1851. By Representatives Buck of the 95th, Galer of the 97th, Robinson of the 96th, Moultrie of the 93rd, Bishop of the 94th and others: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Muscogee County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia Annotated. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1852. By Representatives Childs of the 53rd, Williams of the 54th, Redding of the 50th, Mangum of the 57th, Linder of the 44th and others: A bill to amend an Act creating and establishing a new charter and munici pal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, so as to change, enlarge, and extend the corporate limits of the City of Decatur. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 1278 JOURNAL OF THE HOUSE, HB 1853. By Representatives Jackson of the 9th, Lawson of the 9th and Wood of the 9th: 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 power of the board of commissioners of Hall County to license, tax, and regulate businesses and occupations in the unincorporated area of Hall County. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1855. By Representatives Johnson of the 21st, Atkins of the 21st, Wilder of the 21st, Aiken of the 21st, Cooper of the 20th 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 provides a homestead exemption of $6,000.00 from all City of Smyrna ad valorem taxes for resi dents of the City of Smyrna who are disabled and who have a net income not exceeding $6,000.00 per year. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1856. By Representatives Johnson of the 21st, Atkins of the 21st, Aiken of the 21st, Wilder of the 21st, Cooper of the 20th 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 authorizes the Mayor and Council of the City of Smyrna to exempt from ad valorem taxation an amount not to exceed $4,000.00 of the value of the homestead of certain resi dents of the City of Smyrna. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1857. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Lawson of the 9th: A bill to amend an Act providing for districts for the election of the Board of Education of Gwinnett County, so as to change the method of compen sating the board. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. THURSDAY, FEBRUARY 20, 1986 1279 The Bill, having received the requisite constitutional majority, was passed. HB 1858. By Representatives Barnett of the 59th, Bannister of the 62nd, Martin of the 60th, Jackson of the 9th and Wood of the 9th: A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to change the compensation of the judges of the state court. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 10. The Bill, having received the requisite constitutional majority, was passed. Representative Wall of the 61st wished to be recorded as voting "nay" on the passage of HB 1858. HB 1859. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd: 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 authorizing the General Assembly to create a merit system of employment for present and future employees of Gwinnett County other than elected officials. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1860. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd: 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 empowering the board of commissioners of Gwinnett County to license and regulate busi nesses and levy license taxes on businesses in the county and to grant fran chises for solid waste collection and disposal, ambulance service, and cable television. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1861. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd: 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 authorizing the board of commissioners of Gwinnett County to provide systems of gar bage disposal, acquire and operate sanitary landfills, levy a tax, divide the 1280 JOURNAL OF THE HOUSE, county into territorial sanitation districts, and procedures connected there with. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1862. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd: 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 Gwinnett County Industrial Building Authority and provisions for its powers, authority, funds, purposes, and procedures. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1863. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd: 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 an elected board of education and an appointed county superintendent of schools for Gwinnett County. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1864. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd: 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 empowering the board of commissioners of Gwinnett County to promulgate ordinances imposing speed limits, weight limits on bridges, and truck routes and ordi nances protecting the health, welfare, and safety of the citizens. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1865. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd: THURSDAY, FEBRUARY 20, 1986 1281 A bill to amend an Act providing for the education districts for the election of members of the Board of Education of Gwinnett County, so as to provide a term of one year for a member to serve as chairman. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1866. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd: 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 estab lishment of a water, sanitation, sewerage, and fire protection district in Gwinnett County and the levying of taxes for such services in such district. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1867. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd: 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 authorizing the governing authority of Gwinnett County to establish and administer fire protection districts and sewerage districts in the unincorporated area of the county. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1868. By Representatives Childs of the 53rd, Davis of the 45th, Williams of the 48th, Morton of the 47th, Linder of the 44th and others: A bill to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, so as to change certain fees. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 1282 JOURNAL OF THE HOUSE, HB 1869. By Representatives Milford of the 13th and Clark of the 13th: A bill to amend an Act placing the coroner of Hart County on an annual salary in lieu of the fee system of compensation, so as to change the compen sation of the coroner. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1870. By Representative Crawford of the 5th: A bill to provide for the method of filling vacancies in the membership of Chattooga County Hospital Authority. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1871. By Representative 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 was proposed by Resolution Act No. 44 and which relates to the Chattooga County Develop ment Authority and its powers and operations. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1872. By Representative Barnett of the 10th: A bill to repeal the "Forsyth County Water and Sewerage Authority Act"; to abolish the Forsyth County Water and Sewerage Authority; to provide that Forsyth County shall be the successor in interest to the authority and shall succeed to all rights and obligations of the authority. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1873. By Representative Barnett of the 10th: A bill to amend an Act creating the Etowah-Forsyth Water Authority, so as to change the method of appointment of members of the authority. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. THURSDAY, FEBRUARY 20, 1986 1283 On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1877. By Representatives Alien of the 127th, Pannell of the 122nd, Hamilton of the 124th, Johnson of the 123rd and Mueller of the 126th: 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 magistrate court; to provide for the appointment of additional magistrates. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1880. By Representative Parrish of the 109th: A bill to create the Metter-Candler County Airport Authority. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1881. By Representatives Steinberg of the 46th, Athon of the 57th, Workman of the 51st, Alford of the 57th, Mangum of the 57th and others: A bill to re-create the DeKalb County Land Use Study Commission to carry out certain advisory functions and studies with respect to land use planning for DeKalb County and the metropolitan Atlanta area. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1883. By Representatives Home of the 103rd, Groover of the 99th and Lucas of the 102nd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Macon and Bibb County, separately or jointly, to establish zoning and plan ning rules, regulations, and commissions (Act No. 334). The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 1284 JOURNAL OF THE HOUSE, HB 1884. By Representatives Home of the 103rd, Groover of the 99th and Lucas of the 102nd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment enlarging the membership of the Macon-Bibb County Board of Health, restating the duties and powers of that board, empowering the City Council of Macon and the Commissioners of Bibb County to enact health regulations and covering other related mat ters. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1885. By Representatives Home of the 103rd, Groover of the 99th and Lucas of the 102nd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Macon-Bibb County Industrial Authority (Res. Act No. 168). The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1886. By Representatives Home of the 103rd, Groover of the 99th and Lucas of the 102nd: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment delegating to the respective governing authorities of the City of Macon and County of Bibb authority to merge and consolidate the offices, officers, and functions of the City of Macon and the County of Bibb. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1889. By Representatives Hays of the 1st and Crawford of the 5th: A bill to amend an Act creating a new charter for the City of Rossville, so as to abolish the office of tax assessor and tax coordinator. The report of the Committee, which was favorable to the passage of the Bill, was 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 20, 1986 1285 HB 1890. By Representative Murphy of the 18th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Tallapoosa Development Authority (Res. Act No. 139). The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1891. By Representative Murphy of the 18th: 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 authorities of Haralson County to enter into certain contracts and other agreements, including certain security deeds and notes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1892. By Representative Murphy of the 18th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Waco Develop ment Authority (Res. Act No. 120). The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1894. By Representative Pettit of the 19th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Cartersville Development Authority (Res. Act No. 205). The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1895. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey 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 creating the Adairsville Development Authority (Res. Act No. 80). 1286 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 1897. By Representatives Barnett of the 59th, Lawson of the 9th, Wood of the 9th, Martin of the 60th and Wall of the 61st: A bill to amend an Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, so as to provide for the duties of the Executive Secretary and the Personnel Director; to provide for meetings of the Board. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1898. By Representatives Isakson of the 21st, Wilder of the 21st, Johnson of the 21st, Atkins of the 21st, Thompson of the 20th and others: A bill to amend an Act creating the Cobb County-Marietta Water Authority, so as to increase to $120 million the maximum amount of negotiable revenue bonds issuable by the authority; to change the compensation payable to the chairman and members of the authority. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1899. By Representatives Ware of the 77th and Milam of the 81st: A bill to amend an Act providing a new board of education of Troup County, so as to provide for the submission of the Act to the voters of the Troup County School District for approval or rejection. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1901. By Representatives Home of the 103rd, Groover of the 99th, Pinkston of the 100th and Randall of the 101st: A bill to provide for the abolition of the office of treasurer of Bibb County; to provide that the governing authority of Bibb County may cause the func tions previously performed by the treasurer to be performed by others. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. THURSDAY, FEBRUARY 20, 1986 1287 On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1902. By Representatives Home of the 103rd, Pinkston of the 100th, Lucas of the 102nd, Randall of the 101st and Groover of the 99th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which creates the MaconBibb County Urban Development Authority. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1903. By Representatives Childers of the 15th and McKelvey of the 15th: A bill to create a board of elections and registration for Floyd County and provide for its powers and duties; to provide for the composition of the board and the appointment, qualification, and term of its members. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1904. By Representatives Lane of the lllth and Godbee of the 110th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 39 and which provides for the establishment of a Down town Statesboro Development Authority. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1905. By Representatives Wood of the 9th, Jackson of the 9th and Lawson of the 9th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Hall County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated; to provide for a referendum. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 1288 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 Senate and House: SB 556. By Senators Barnes of the 33rd, Harrison of the 37th and Tolleson of the 32nd: A bill to amend an Act creating the State Court of Cobb County, so as to abolish the second division of the State Court of Cobb County and the office of associate judge of the State Court of Cobb County. SB 557. By Senators Barnes of the 33rd, Harrison of the 37th and Tolleson of the 32nd: 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 City of Marietta and its board of lights and water works and their powers with respect to utility operations and financing. HB 1398. By Representative Greene of the 130th: 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 creating an elected five-member board of education for Chattahoochee County; to pro vide the authority for this Act. HB 1399. By Representative Greene of the 130th: 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 appointment of the county school superintendent of Chattahoochee County by the county board of education. HB 1400. By Representative Greene of the 130th: 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 authorizing the governing authority of Chattahoochee County to assess and collect license fees and taxes upon businesses located in the county but outside the limits of any incorporated municipality; to provide the authority for this Act. HB 1401. By Representative Greene of the 130th: 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 Chattahoochee County Industrial Development Authority; to provide the authority for this Act. HB 1402. By Representative Greene of the 130th: 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 office of sheriff of Chattahoochee County and for future amendment by local Acts of the General Assembly; to provide the authority for this Act. THURSDAY, FEBRUARY 20, 1986 1289 HB 1531. By Representatives Jamieson of the llth and Dover 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 the Stephens County Development Authority. HB 1596. By Representative Smith of the 78th: A bill to amend an Act abolishing the fee system of compensating the clerk of the Superior Court of Butts County and providing in lieu thereof an annual salary, so as to change certain provisions relating to the compensation of the clerk of the superior court. HB 1603. By Representatives Brown of the 88th, Padgett of the 86th, Cheeks of the 89th, Walker of the 85th and Ransom of the 90th: A bill to amend an Act regulating public instruction for the County of Richmond, so as to change the date of the appointment and expiration of term of the superintendent of the Board of Education of Richmond County and to provide for an initial six-month extension of the term of the present superintendent to allow an orderly implementation. HB 1604. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to amend an Act placing the sheriff, probate judge, clerk of superior court, and tax commissioner of Henry County on an annual salary, so as to change the compensation of said officers. HB 1606. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Henry County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated. HB 1673. By Representatives Anderson of the 8th, Post 1 and Hasty of the 8th, Post 2: A bill to amend an Act creating the office of Commissioner of Pickens County, so as to change the compensation of the commissioner. HB 1710. By Representatives Hasty of the 8th, Anderson of the 8th and Barnett of the 10th: A bill to amend an Act providing for the membership of the Board of Edu cation of Cherokee County, so as to provide for the appointment of the chair man of the Board of Education of Cherokee County by the board from its own membership. HB 1711. By Representatives Thomas of the 69th and Lee of the 70th: A bill to amend an Act extending the corporate limits of the City of Carrollton, so as to deannex and exclude certain property from the city. HB 1724. By Representatives Greene of the 130th and Edwards of the 112th: A bill to amend an amendment to the Constitution providing for the office of sheriff of Chattahoochee County, which amendment was proposed by 1290 JOURNAL 'OF THE HOUSE, Resolution Act No. 196 of the 1972 General Assembly, so as to provide for the operating expenses required in discharging the duties of the office of sheriff. HB 1728. By Representative Ross of the 82nd: A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Lincoln County into the office of Tax Commissioner of Lincoln County, so as to change the compensation of the tax commissioner. HB 1730. By Representative Ross of the 82nd: A bill to provide for election of members of the Board of Education of Lin coln County. HB 1731. 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 composition of the board; to change the manner of electing the members of the board. HB 1743. By Representatives Dixon of the 151st and Crosby of the 150th: A bill to provide for the compensation of the coroner of Ware County; to provide for the payment of such compensation; to provide that fees, costs, commissions, allowances, moneys, and other emoluments and perquisites shall become the property of the county. HB 1761. By Representative Balkcom of the 140th: A bill to amend an Act changing the method of selecting the members of the board of education of Miller County, so as to reapportion the education dis tricts in said county. HB 1762. By Representative Balkcom of the 140th: A bill to amend an Act creating the State Court of Miller County, so as to change the salary of the judge and the solicitor of said court. HB 1764. By Representative Royal of the 144th: A bill to amend an Act creating a new charter for the City of Camilla, so as to provide for two voting districts, with three councilmen to be elected from each district; to provide qualifications; to provide for elections by the voters from such districts. HB 775. By Representative Crosby of the 150th: A bill to amend Code Section 48-11-2 of the Official Code of Georgia Anno tated, relating to excise taxation of cigars and cigarettes, so as to change the rate of taxation imposed on cigars. HB 1235. By Representative Wall of the 61st: A bill to amend Code Section 21-2-266 and Code Section 21-3-164 of the Official Code of Georgia Annotated, relating to the use of public buildings as polling places for municipal elections, so as to require that in selecting THURSDAY, FEBRUARY 20, 1986 1291 polling places the election superintendent or governing authority shall give consideration to the comfort and convenience those places to be selected will provide for both electors and poll officers. HB 1353. By Representatives Pinkston of the 100th and Beck of the 148th: A bill to amend Code Section 10-1-7 of the Official Code of Georgia Anno tated, relating to the payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under "The Retail Installment and Home Solicitation Sales Act," so as to change the fee that a retail seller may charge a buyer for checks, drafts, or orders which are not honored by the drawee for the payment of money on any bank or other depository. HB 1365. By Representatives Lucas of the 102nd and Coleman of the 118th: A bill to amend Code Section 16-13-49 of the Official Code of Georgia Anno tated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to require law enforcement agencies to submit an annual report to the governing authority of the county or municipality itemizing the money, cur rency, and proceeds of forfeited property received and the expenditure of the funds during the previous 12 months. SB 56. By Senator Cobb of the 28th: A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide that the General Assembly may, by local law applicable to any particular hospital authority, provide that any sale or lease of all or part of a project must, in order to become effective, be approved at a referendum by the voters. SB 325. By Senator Phillips of the 9th: A bill to amend Article 1 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to processioning of property boundaries, so as to provide that such article and the processioning proceedings authorized under such article shall not apply to property located within the corporate limits of any municipality or to any property located in certain counties. SB 482. By Senator Cobb of the 28th: A bill to amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmaceutics and the State Board of Phar macy, so as to change the provisions relating to registration of persons, firms, or corporations engaged in the business of selling or distributing drugs at wholesale; to provide fees for renewal of registrations. SB 537. By Senators Barnes of the 33rd and Coverdell of the 40th: A bill to amend Code Section 44-3-111 of the Official Code of Georgia Anno tated, relating to sales of residential condominiums for residential occupancy, so as to provide for the manner in which certain documents required to be furnished to purchasers shall be prepared. HB 1354. By Representatives Pinkston of the 100th and Beck of the 148th: A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to the issuance of bad checks, so as to standardize the charges which may be imposed for the issuance of bad checks. 1292 JOURNAL OF THE HOUSE, HB 1376. By Representatives Stancil of the 66th, Reaves of the 147th, Royal of the 144th, Balkcom of the 140th, Crawford of the 5th and others: A bill to amend Code Section 50-10-5 of the Official Code of Georgia Anno tated, relating to the corporate powers and purposes of the Georgia Develop ment Authority, so as to provide that loans under the first-time farmer tax-free note program of the authority may be made only to persons who have demonstrated an ability and an intention to earn at least 25 percent of their livelihood from agricultural operations. HB 1378. By Representatives Crosby of the 150th and Dixon of the 151st: A bill to amend Paragraph (1) of subsection (b) of Code Section 48-5-210 of the Official Code of Georgia Annotated, relating to the election and qualifica tions for office of county tax receivers, tax collectors, and tax commissioners, so as to provide that persons holding any such office as of April 1, 1986, shall not be required to possess certain qualifications. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House: HR 330. By Representative Thompson of the 20th: A resolution designating the Colonel Mancel Newman Bridge. HR 591. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th: A resolution authorizing and directing the State Department of Transporta tion to designate the Georgia Highway 140 bridge crossing the Oostanaula River in Floyd County, Georgia, as the R. Sidney Lowrey, Sr., Memorial Bridge. HR 578. By Representatives Athon of the 57th, Pettit of the 19th, Hanner of the 131st and Sizemore of the 136th: A resolution urging the Congress of the United States to adopt legislation relating to the Social Security Act. The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House: HB 1158. By Representative Parham of the 105th: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change definitions; to change the listing of certain controlled substances and dangerous drugs. HB 1233. By Representatives Padgett of the 86th, Ransom of the 90th, Walker of the 85th, Brown of the 88th, Connell of the 87th and others: A bill to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries in general, so as to pro vide that in counties in which more than two terms of court are held each year the judge or judges of superior court may by court order provide that certain duties of the grand jury need not be carried out by each grand jury at each term of court. THURSDAY, FEBRUARY 20, 1986 1293 HB 1293. By Representatives Isakson of the 21st, Adams of the 36th, Robinson of the 58th, Bailey of the 72nd, Barnett of the 59th and others: A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to metropolitan area planning and development commissions, so as to authorize the commission to be the contracting and coordinating agent for the governing bodies of political subdivisions in the metropolitan area with regard to certain regional public projects and to pro vide for conditions and procedures relating thereto. The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House: HB 395. By Representative Barnett of the 10th: A bill to increase the amount of the exemption from ad valorem taxation for educational purposes which applies to the homestead of each resident of Forsyth County who is 62 years of age or older and who meets certain income qualifications. HB 509. By Representatives Isakson of the 21st, Barnett of the 59th and Wood of the 9th: A bill to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions and deferral, so as to provide for the exemption from ad valorem taxation the homestead of cer tain disabled veterans and their families. 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 Anno tated, 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. HB 1177. By Representatives Childers of the 15th, Athon of the 57th and Richardson of the 52nd: A bill to amend Code Section 43-27-12 of the Official Code of Georgia Anno tated, relating to the termination of the State Board of Nursing Home Administrators, so as to provide for the continuation of that board but pro vide for the later termination of that board and the repeal of the laws relat ing thereto. HB 1330. By Representatives Bargeron of the 108th and Childers of the 15th: A bill to amend Code Section 49-4-142 of the Official Code of Georgia Anno tated, relating to the creation of the Department of Medical Assistance and adoption and modification of the state plan, so as to provide that semiprivate accommodations are to be furnished by certain providers of nursing home services as the obligation to recipients of medical assistance. The Senate has agreed to the House amendment to the Senate substitute to the following Bill of the House: 1294 JOURNAL OF THE HOUSE, HB 748. By Representatives Johnson of the 72nd and Bailey of the 72nd: A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Anno tated, relating to bonds and recognizances, so as to provide additional condi tions for the release of a surety from liability; to provide for the remission of forfeiture under certain conditions. The Senate has agreed to the House substitute, as amended by the Senate, to the following Bill of the Senate: SB 370. By Senator Peevy of the 48th: A bill to amend Code Section 15-7-24 of the Official Code of Georgia Anno tated, relating to solicitors, so as to authorize certain changes in the qual ifications of such office by local law. The Senate has agreed to the House amendments to the following Bills of the Senate: SB 186. By Senators Deal of the 49th and Foster of the 50th: A bill to amend Code Section 15-6-2, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Northeastern Judicial Circuit. SB 420. By Senators Turner of the 8th, McKenzie of the 14th, Harris of the 27th 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 legislative findings, determinations, and declarations; to change the purposes of the authority; to change the powers of the authority; to change definitions; to change the composition of the authority's member ship; to provide for unsecured loans. The Senate has agreed to the House substitute to the following Bill of the Senate: SB 32. By Senators Fincher of the 54th, Broun of the 46th, and Kidd of the 25th: A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Anno tated, relating to the licensing of physicians, osteopaths, and orthotists, so as to provide for the certification and regulation of certain individuals engaged in respiratory care. The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate: HB 1361. By Representatives Murphy of the 18th, Walker of the 115th, Burruss of the 20th, Thomas of the 69th, Lee of the 72nd and others: A bill to amend Chapter 16 of Title 50 of the Official Code of Georgia Anno tated, relating to public property, so as to create the State Commission on the Condemnation of Public Property; to provide definitions; to provide for the membership and the powers and duties of the commission; to provide for the acquisition of public property or an interest therein by certain state agencies by condemnation and the power of eminent domain. THURSDAY, FEBRUARY 20, 1986 1295 SB 345. By Senator Engram of the 34th: A bill to amend Article 2 of Chapter 2 of the Official Code of Georgia Anno tated, relating to prohibited acts involving alcoholic beverages, so as to make it unlawful for any person who is licensed to sell beer or wine in unbroken packages at retail only to consumers to sell certain quantities of beer or wine which is colder than 70 degrees Fahrenheit at the time of sale. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 56. By Senator Cobb of the 28th: A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide that the General Assembly may, by local law applicable to any particular hospital authority, provide that any sale or lease of all or part of a project must, in order to become effective, be approved at a referendum by the voters. Referred to the Committee on Health & Ecology. SB 325. By Senator Phillips of the 9th: A bill to amend Article 1 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to processioning of property boundaries, so as to provide that such article and the processioning proceedings authorized under such article shall not apply to property located within the corporate limits of any municipality or to any property located in certain counties. Referred to the Committee on Ways & Means. SB 345. By Senator Engram of the 34th: A bill to amend Article 2 of Chapter 2 of the Official Code of Georgia Anno tated, relating to prohibited acts involving alcoholic beverages, so as to make it unlawful for any person who is licensed to sell beer or wine in unbroken packages at retail only to consumers to sell certain quantities of beer or wine which is colder than 70 degrees Fahrenheit at the time of sale. Referred to the Committee on Regulated Beverages. SB 482. By Senator Cobb of the 28th: A bill to amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmaceutics and the State Board of Phar macy, so as to change the provisions relating to registration of persons, firms, or corporations engaged in the business of selling or distributing drugs at wholesale; to provide fees for renewal of registrations. Referred to the Committee on Health & Ecology. SB 537. By Senators Barnes of the 33rd and Coverdell of the 40th: A bill to amend Code Section 44-3-111 of the Official Code of Georgia Anno tated, relating to sales of residential condominiums for residential occupancy, so as to provide for the manner in which certain documents required to be furnished to purchasers shall be prepared. Referred to the Committee on Judiciary. 1296 JOURNAL OF THE HOUSE, SB 556. By Senators Barnes of the 33rd, Harrison of the 37th and Tolleson of the 32nd: A bill to amend an Act creating the State Court of Cobb County, so as to abolish the second division of the State Court of Cobb County and the office of associate judge of the State Court of Cobb County. Referred to the Committee on State Planning & Community Affairs - Local. SB 557. By Senators Barnes of the 33rd, Harrison of the 37th and Tolleson of the 32nd: 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 City of Marietta and its board of lights and water works and their powers with respect to utility operations and financing. Referred to the Committee on State Planning & Community Affairs - Local. The following Resolution of the House was read and adopted: HR 784. By Representatives Triplett of the 128th, Lane of the lllth, and Godbee of the 110th: A resolution commending H. Lehman Franklin, Jr. The following Resolution of the House was read and referred to the Committee on Rules: HR 785. By Representatives Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, Johnson of the 72nd and Bailey of the 72nd: A resolution commending the Forest Park Senior High School baseball team and inviting Jeff Guy, Billy Carter, and Marcus Trivette to appear before the House of Representatives on February 25, 1986, or on a date to be specified by the Speaker. 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 1835. By Representatives Wood of the 9th, Lawson of the 9th and Jackson of the 9th: A bill to amend Code Section 12-3-341 of the Official Code of Georgia Anno tated, relating to venue and jurisdiction of actions involving the Lake Lanier Islands Development Authority, so as to provide that actions shall be brought in the Superior Court of Hall County. The report of the Committee, which was favorable to the passage of the Bill, was 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 20, 1986 1297 HB 1423. By Representatives Ramsey of the 3rd and Williams of the 6th: A bill to amend Code Section 43-13-6 of the Official Code of Georgia Anno tated, relating to issuance of licenses to and renewal of licenses of operators of driver training schools, so as to change the provisions relating to renewal of licenses. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 107, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1385. By Representative Richardson of the 52nd: A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to reenact Chapter 2 thereof; to include expressly substance abuse and other disabilities in references to certain services, service areas, area councils, and state-wide and area plans. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 108, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1610. By Representative Crosby of the 150th: A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Anno tated, known as "The Used Motor Vehicle Dismantlers, Rebuilders, and Sal vage Dealers Registration Act," so as to change the provisions relating to out-of-state buyer's cards. The following amendment was read and adopted: The Committee on Motor Vehicles moves to amend HB 1610 as follows: Remove Section 2 in its entirety - lines 3 through 12 on Page 2. Then renumber the sections accordingly. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 107, nays 3. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 387. By Senator Brannon of the 51st: A bill to amend Article 1 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning dead bodies, so as to require certain notification to persons who handle the disposition of dead bodies in cases where a dead person had been diagnosed as having an infectious or communicable disease at the time of death. The following Committee substitute was read and adopted: 1298 JOURNAL OF THE HOUSE, A BILL To amend Article 1 of Chapter 21 of Title 31 of the Official Code of Georgia Anno tated, relating to general provisions concerning dead bodies, so as to require certain noti fication to persons who handle the disposition of dead bodies in cases where a dead person had been diagnosed as having an infectious or communicable disease at the time of death; to define a certain term; to provide procedures; to provide for the confidential and privi leged nature of information in such notifications and restrict the disclosure thereof subject to certain exceptions; to provide for immunity from liability; to provide a penalty; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 21 of Title 31 of the Official Code of Georgia Anno tated, relating to general provisions concerning dead bodies, is amended by adding at the end thereof a new Code Section 31-21-3 to read as follows: "31-21-3. (a) For the purposes of this Code section, the term 'infectious or com municable disease' shall include the following: (1) Infectious hepatitis; (2) Tuberculosis; (3) Any venereal disease enumerated in Code Section 31-17-1; or (4) Acquired immune deficiency syndrome (AIDS). (b) (1) When a person who has been diagnosed as having an infectious or communi cable disease dies in a hospital or other health care facility, the attending physician shall prepare a written notification describing such disease to accompany the body when it is picked up for disposition. (2) When a person dies outside of a hospital or health care facility and without an attending physician, any family member or person making arrangements for the disposition of the dead body who knows that such dead person had been diagnosed as having an infectious or communicable disease at the time of death shall prepare a written notification describing such disease to accompany the body when it is picked up for disposition. (3) Any person who picks up a dead body for disposition and who has been noti fied that the person had been diagnosed as having an infectious or communicable disease at the time of death pursuant to the provisions of paragraph (1) or (2) of this subsection shall present such notification accompanying the dead body to any embalmer, funeral director, or other person taking possession of the dead body. (c) Information regarding a deceased's infectious or communicable disease and con tained in a notification required to be prepared pursuant to subsection (b) of this Code section shall be privileged and confidential and may only be disclosed if: (1) That disclosure is required pursuant to Chapter 17 of this title; (2) That disclosure is required by federal law, but only to the extent so required; (3) That disclosure is made by a physician pursuant to Code Section 24-9-40 or any other law authorizing a physician to disclose otherwise privileged information; (4) That disclosure is for research purposes and does not reveal: (A) The identity of the deceased; or (B) Information which would reveal the identity of the deceased; (5) That disclosure involves information regarding sexual assault or sexual exploi tation of a deceased child and is required to be reported pursuant to Code Section 19-7-5 or any other law requiring the reporting of such assault or exploitation of a child, but only to the extent that such disclosure is so required to be reported. (6) That disclosure involves information regarding a deceased minor and the disclosure is made to the parent or guardian of that minor; or (7) That disclosure is made to the person who picks up the dead body or is made in the ordinary course of business to any employee or agent of any person or entity authorized or required under this Code section to receive or report that information. (d) Information privileged and confidential under this Code section may not be dis closed pursuant to discovery proceedings, subpoena, or court order. THURSDAY, FEBRUARY 20, 1986 1299 (e) Any disclosure authorized by this Code section or any unauthorized disclosure of information or communications made privileged and confidential by this Code section shall not in any way abridge or destroy the confidential or privileged character thereof except for the purposes for which any authorized disclosure is made. Any person making a disclosure authorized by this chapter shall not be liable therefor, notwithstanding any contrary provisions of law. (f) Any person having duties imposed upon that person pursuant to subsection (b) of this Code section who knowingly refuses or omits to perform such duties shall be guilty of a misdemeanor." Section 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 111, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HR 644. By Representatives Lucas of the 102nd and Coleman of the 118th: 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 perma nent disability of any law enforcement officer, fireman, or prison guard who was perma nently disabled in the line of duty subsequent to January 1, 1977, and prior to January 1, 1979; to provide that funds may be appropriated and insurance purchased for such pur pose; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article III, Section VI, Paragraph VI of the Constitution is amended by adding a new subparagraph (c) to read as follows: "(c) The General Assembly shall provide by law for a program of indemnification with respect to the permanent disability of any law enforcement officer, fireman, or prison guard who was permanently disabled in the line of duty subsequent to January 1, 1977, and prior to January 1, 1979. Funds shall be appropriated as necessary for pay ment of such indemnification or for the purchase of insurance for such indemnification or both. Such indemnification shall be in the same amount as now or hereafter provided for indemnification with respect to the death or permanent disability of law enforcement officers, firemen, and prison guards." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES ( ) NO Shall the Constitution be amended so as to provide that the General Assembly shall provide by law for a program of indemnification with respect to the permanent disability of any law enforcement officer, fire man, or prison guard who was permanently disabled in the line of duty subsequent to January 1, 1977, and prior to January 1, 1979?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos."." All persons desiring to vote against ratifying the proposed amendment shall vote 1300 JOURNAL OF THE HOUSE, If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The following amendment was read and adopted: Representative Lucas of the 102nd moves to amend HR 644 by adding after the word "duty" on line 19, page 1, the following: "As a result of a felonious assault." The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended. On the adoption of the Resolution, as amended, the viva voce 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 Argo N Athon N Atkins Y Auten Y Bailey Y Balkcom N Bannister Y Bargeron Y Barnett.B N Barnett.M YBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Bostick Y Branch YBray Brooks Y Brown.G NBuck N Burruss YByrd 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 Copelan Y Couch YCox N Crawford Crosby Y Cummings Daugherty N Davis YDean Dixon Y Dobbs Y Dover Y Dunn Y Edwards N Felton N Floyd Y Foster N Galer Y Godbee N Goodwin Y Greene Greer N Groover Y Hamilton Y Manner Y Harris Y Hasty YHays N Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson.J N Jackson.N Y Jamieson Y Johnson,D N Johnson.F N Johnson.R N Johnson.S Kilgore N Kingston Y Lane,D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C N Lee.W Y Under Y Logan YLong YLord Y Lucas N Lupton N Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews N McDonald N McKelvey Y McKinney N Milam Y Milford Y Moody Y Moore N Mortem N Mostiler N Moultrie Y Mueller Y Oliver.C Y Padgett N Pannell Y Parham N Parrish Patten N Peters N Pettit Y Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T N Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding N Richardson Y Robinson.C N Robinson,P YRoss Y Royal N Russell Y Selman N Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L N Smith.P Smith,T Smyre N Stancil N Steinberg N Thomas.C Y Thomas.M Thompson N Townsend Y Triplett YTwiggs N Waddle Y Waldrep Y Walker.C N Walker,L YWall YWare Y Watson Y Watts White N Wilder Y Williams.B Y Williams.J N Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr YSnow On the adoption of the Resolution, as amended, the ayes were 115, nays 46. The Resolution, as amended, having failed to receive the requisite two-thirds constitu tional majority, was lost. Representative Lucas of the 102nd gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite two-thirds constitu tional majority to HR 644, as amended. HB 1551. By Representative Matthews of the 145th: A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings in general, so as to THURSDAY, FEBRUARY 20, 1986 1301 provide that the right of a child who has reached the age of 14 years to select his custodial parent shall not include the right to deny visitation rights to the noncustodial parent. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams.M N Aiken Y Alford Y Alien Y Anderson Argo Y Athon Y Atkins Y Auten 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 YBray Y Brooks Y Brown.G Buck Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks N Childers Y Childs Y Clark.B Y Clark.L Y Colbert Coleman Colwell Y Connell Y Cooper Copelan Y Couch YCox Y Crawford Crosby Cummings Daugherty Y Davis Dean Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Manner Y Harris Y Hasty YHays Y Heard Y Hill Y Holcomb Holmes Hooks Y Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson N 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 YLee.W Y Linder 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 Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie N Mueller Y Oliver.C Snow Y Padgett Y PanneU YParham Y Parrish Patten Y Peters Y Pettit Y 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 N Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore N 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 N Waldrep Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts White Y Wilder Y Williams,B N 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 138, nays 8. The Bill, having received the requisite constitutional majority, was Representative Holmes of the 28th stated that he had been called from the floor of the House during the preceding roll call. He wished to vote "aye" thereon. HB 1584. By Representatives Steinberg of the 46th, Hooks of the 116th and Murphy of the 18th: A bill to amend Code Section 48-7-82 of the Official Code of Georgia Anno tated, relating to time periods for the assessment, collection, and refund of income taxes, so as to provide for the consequences of a taxpayer's failure to give timely notice to the state revenue commissioner of a change by the United States Department of the Treasury in the amount of the taxpayer's net income for any year. The following Committee substitute was read and adopted: 1302 JOURNAL OF THE HOUSE, A BILL To amend Code Section 48-7-82 of the Official Code of Georgia Annotated, relating to time periods for the assessment, collection, and refund of income taxes, so as to provide for the consequences of a taxpayer's failure to give timely notice to the state revenue commissioner of a change by the United States Department of the Treasury in the amount of the taxpayer's net income for any year; to provide that a taxpayer who fails to give such timely notice shall forfeit his right to refund of any overpayment determined by reason of such change but shall not forfeit his right to set off a certain percentage of the amount of such overpayment against any additional tax liability determined by reason of such change; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 48-7-82 of the Official Code of Georgia Annotated, relating to time periods for the assessment, collection, and refund of income taxes, is amended by striking subsection (e) and inserting in its place a new subsection to read as follows: "(e) (1) When a taxpayer's amount of net income for any year under this chapter as returned to the United States Department of the Treasury is changed or corrected by the commissioner of internal revenue or other officer of the United States of competent authority, the taxpayer, within 180 days after final determination of the changed or corrected net income, shall make a return to the commissioner of the changed or corrected income, and the commissioner shall make assessment or the tax payer shall claim a refund based on the change or correction within one year from the date the return required by this paragraph is filed. If the taxpayer does not make the return reflecting the changed or corrected net income and the commissioner receives from the United States government or one of its agents a report reflecting the changed or corrected net income, the commissioner shall make assessment for taxes due based on the change or correction within five years from the date the report from the United States government or its agent is actually received. (2) In the event the taxpayer fails to notify the commissioner of the final determi nation of his United States income taxes, the commissioner shall proceed to deter mine, upon evidence that the commissioner has brought to his attention or that he otherwise acquires, the corrected income of the taxpayer for the fiscal or calendar year. If additional tax is determined to be due, the tax shall be assessed and collected. If it is determined that there has been an overpayment of tax for the year, the tax payer, by his failure to notify the commissioner as required in paragraph (1) of this subsection, shall forfeit his right to any refund due by reason of the change or correc tion. A taxpayer who so fails to notify the commissioner, however, shall be entitled to equitable recoupment of 90 percent of any overpayment so determined against any additional tax liability so determined, the remaining 10 percent of the overpayment being totally forfeited as a penalty for failure to make a return as required by para graph (1) of this subsection." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams.M Y Aiken Y Alford Alien Y Anderson Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.H Y Barnett.M Y Beck Y Benefield Benn Birdsong Bishop Bolster Bostick Y Branch THURSDAY, FEBRUARY 20, 1986 1303 Bray Y Brooks Y Brown.G YBuck Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L Colbert Y Coleman Y Colwell Y Connell Y Cooper Copelan Y Couch YCox Y Crawford Crosby Y Cummings Daugherty N Davis Dean Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Manner Y Harris Y Hasty Y Hays Heard YHill Y Holcomb Y Holmes Y Hooks N 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 Linder Logan YLong YLord Lucas Y Lupton Y Maddox Y Mangum Y Martin,C Y Martin,,) 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 YSnow Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Y Pettit Y Phillips Pinks ton 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 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 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 Young Murphy ,Spkr On the passage of the Bill, by substitute, the ayes were 143, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HR 720. By Representatives Childs of the 53rd, Murphy of the 18th, Adams of the 79th, Clark of the 55th, Buck of the 95th and others: A resolution commending Louie DeVotie Newton and authorizing the placing of his portrait in the State Capitol Building. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Aaron Adams,G Y Adams.M Y Aiken Y Alford Alien Y Anderson Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield Benn Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Copelan Y Couch YCox Y Crawford Crosby Y Cummings Daugherty Davis YDean Dixon Y Dobbs Y Dover YDunn Y Edwards Felton Y Floyd Y Foster Galer Y Godbee Y Goodwin Y Greene Greer Groover Y Hamilton Hanner Y Harris 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 Y Lee.C Y Lee.W Linder Logan Long YLord Lucas Lupton Y Maddox Y Mangum Y Martin.C Y Martin.J Y Matthews McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morton 1304 JOURNAL OF THE HOUSE, Mostiler Y Moultrie Y Mueller Y Oliver.C Y Snow Y Padgett YPannell Parham Y Parrish Patten Y Peters Y Pettit Phillips 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 Y Sinkfield Y Sizemore Y Smith,L Y Smith,? Y Smith.T Smyre 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 Y Ware Watson Y Watts White Y Wilder Y Wilhams.B Y Williams.J Y Williams.R Y Wilson Y Wood Workman Y Yeargm Young Murphy.Spkr On the adoption of the Resolution, the ayes were 136, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. The following Resolution of the House was read and adopted: HR 786. By Representatives Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, Johnson of the 72nd, Bailey of the 72nd and others: A resolution commending Lewis A. Welch, Jr. The Speaker announced the House in recess until 1:45 o'clock, this afternoon. THURSDAY, FEBRUARY 20, 1986 1305 AFTERNOON SESSION The Speaker called the House to order. The following Resolutions of the House were read and adopted: HR 787. By Representatives Brown of the 88th, Walker of the 85th, Cheeks of the 89th, Padgett of the 86th, Ransom of the 90th and others: A resolution commending the T. W. Josey High School Marching and Con cert Bands and their director. HR 788. By Representative Thomas of the 31st: A resolution commending Lola Davis. HR 789. By Representative Dunn of the 73rd: A resolution commending Mr. Ed Wallace. HR 790. By Representative Dunn of the 73rd: A resolution expressing regret at the passing of Mr. Arthur Walker Carmichael. HR 791. By Representative Dunn of the 73rd: A resolution recognizing Mrs. Sara Hinton Upchurch. HR 792. By Representative Williams of the 48th: A resolution urging the Department of Revenue to develop a plan for imple mentation in Georgia of the current Internal Revenue Code over a specified period of time. HR 793. By Representative Dunn of the 73rd: A resolution recognizing and commending Mr. Rufus C. Brown. The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto: HB 1233. By Representatives Padgett of the 86th, Ransom of the 90th, Walker of the 85th, Brown of the 88th, Connell of the 87th and others: A bill to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries in general, so as to pro vide that in counties in which more than two terms of court are held each year the judge or judges of superior court may by court order provide that certain duties of the grand jury need not be carried out by each grand jury at each term of court. The following Senate amendment was read: Amend HB 1233 by striking from lines 3 and 4 of page 1 the following: 1306 JOURNAL OF THE HOUSE, "in counties in which more than two terms of court are held each year". By striking from line 12 of page 1 the following: "two grand juries", and inserting in its place the following: "one grand jury". By striking from lines 1 through 4 of page 2 the following: "provisions of this subsection shall apply only to counties in which more than two terms of court are held in each year. In any county which is subject to this subsection the". By striking from line 9 of page 2 the following: "two grand juries at at least two terms", and inserting in its place the following: "one grand jury at at least one term". Representative Padgett of the 86th moved that the House agree to the Senate amend ment to HB 1233. 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 Anderson Argo Athon Y Atkins Y Auten Bailey Y Balkcom Bannister Y Bargeron Barnett.B Y Barnett.M YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Bostick Branch Bray Brooks Brown.G YBuck Y Burruss Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark,L Y Colbert Coleman Colwell Y Connell Y Cooper Copelan Y Couch Cox Y Crawford Croaby Cummings Daugherty Y Davis YDean Dixon Dobbs Y Dover Y Dunn Y Edwards Pel ton Y Floyd Foster Y Galer Y Godbee Goodwin Y Greene Greer Y Groover Y Hamilton Y Manner Y Harris Hasty Y Hays Y Heard YHill Y Holcomb Holmes Hooks Home Y Hudson Isakson Y Jackson ,J Jackson,N Jamieson Johnson,D Y Johnson,F Y Johnson.R Johnson,S Kilgore Y Kingston Y Lane.D Lane.R Y Lawler Y Lawrence Y Lawson YLee,C YLee.W Linder Logan Long YLord Y Lucas Lupton Maddox Y Mangum Martin.C Y Martin,J Matthews McDonald On the motion, the ayes were 96, nays 0. The motion prevailed. Y McKelvey McKinney Y Milam Y Milford Y Moody Moore Y Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Snow Y Padgett Pannell Parham Parrish Patten Peters Y Pettit Phillips Pinkston Porter Rainey Ramsey.T Ramsey,V Y Randall Y Ransom YRay 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 YSmyre Y Stancil Y Steinberg Y Thomas,C Thomas.M Thompson Townsend Triplett Y Twiggs Waddle Waldrep Walker.C Walker,L Y Wall Ware Watson Y Watts White Wilder Y Williams,B Williams,J Williams.R Wilson YWood Y Workman Y Yeargin Young Murphy,Spkr THURSDAY, FEBRUARY 20, 1986 1307 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 vote "aye" thereon. HB 1346. By Representatives Morton of the 47th, Reaves of the 147th, Greene of the 130th, Copelan of the 106th, Royal of the 144th and others: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to regulate and license animal shelters, kennels, stables, and pet dealers; to provide a short title. The following Senate amendments were read: Senate Amendment No. 1 Amend HB 1346 by striking from line 27 of page 3 the following: "dealer under this chapter", and inserting in lieu thereof the following: "dealer, kennel, or stable under this chapter". Senate Amendment No. 2 Amend HB 1346 by adding following the sentence ending on line 28 of page 4 the following: "The revenues derived from such licenses shall be used by the Commissioner for pay ment of the cost of administering this chapter, provided that any surplus shall be paid into the general fund of the state treasury." Representative Morton of the 47th moved that the House agree to Senate amendment No. 1 and disagree to Senate amendment No. 2 on HB 1346. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Adams,G YAdams,M YAiken YAlford Alien Anderson Argo YAthon Y Atkins Auten Y Bailey Balkcom Bannister Bargeron Barnett,B YBarnett,M Beck YBenefield Benn YBirdsong Bishop Bolster YBostick Branch Y Bray Y Brooks Brown.G Y Buck Y Burning Byrd Y Carter Y Chambless Chance Y Cheeks Y Childers Childs YClark.B Y Clark.L Colbert Coleman Colwell Y Connell Y Cooper Copelan Y Couch Cox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Dobbs Dover Y Dunn Edwards Felton Y Floyd Foster Y Galer Godbee Y Goodwin Greene Greer Groover Y Hamilton Y Manner Y Harris Hasty Y Hays Y Heard Y Hill Y Holcomb Holmes Y Hooks Home Y Hudson Isakson Y Jackson ,J Jackson.N Jamieson 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 Linder Logan Long Lord Y Lucas Lupton Maddox Y Mangum Y Martin.C Y Martin,J Matthews Y McDonald Y McKelvey Y McKinney Y Milam Milford Y Moody Y Moore Y Morton Mostiler Y Moultrie 5*TM"TM Y Ohver.C Y Snow Y Padgett Pannell Parham Parrish Patten Y Peters Y Pettit Phillips Pmkston Y Porter Y Rainey Ramsey.T RamseyV Y Randall N Ransom Y Ray Y Reaves Redding Y Richardson Y Robinson.C Y Robmson.P Ross Y Royal Y Russell Selman 1308 JOURNAL OF THE HOUSE, Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,? Smith.T Smyre Stancil Y Steinberg Thomas.C Y Thomas.M Thompson Townsend Triplett Twiggs Waddle Y Waldrep Walker.C Walker.L Y Wall On the motion, the ayes were 100, nays 1. The motion prevailed. Ware 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 HB 1162. By Representative Robinson of the 58th: A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols or revolvers, so as to change the provisions relating to fees to cover the cost of records searches by the Federal Bureau of Investigation. The following Senate amendment was read: Amend HB 1162 by striking from line 24 of page 1 the following: "less", and inserting in its place the following: Representative Robinson of the 58th moved that the House disagree to the Senate amendment to HB 1162. The motion prevailed and the House disagreed to the Senate amendment to HB 1162. HB 1149. By Representative Richardson of the 52nd: A bill to amend Code Section 53-8-2 of the Official Code of Georgia Anno tated, relating to investment standards for certain acquisitions, so as to include certain beneficiaries of certain additional marital deduction trusts among those who may require the conversion of trust property into produc tive or income-producing property. The following Senate amendment was read: Amend HB 1149 by striking lines 17 and 18 of page 1 and inserting in lieu thereof the following: "the federal estate or gift tax marital deduction under Section 2066(b)(6) ef the Internal Revenue". Representative Richardson of the 52nd moved that the House agree to the Senate amendment to HB 1149. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams,M Aiken Y Alford Y Alien Y Anderson Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Barnett.B Y Barnett.M Y Beck Y Benefield Benn THURSDAY, FEBRUARY 20, 1986 1309 Birdsong Bishop Bolster Y Bostick Branch YBray Y Brooks Brown,G YBuck Y Burruss Byrd 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 Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Dobbs Y Dover Y Dunn Edwards Y Felton Y Floyd Foster Y Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Hanner Y Harris Hasty Y Hays Y Heard YHill Y Holcomb Holmes Y Hooks Home Y Hudson 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 YLee,C YLee.W Y Under Logan Long YLord Y Lucas Lupton Maddox Y Mangum Y Martin.C Y Martin,J Matthews Y McDonald Y McKelvey McKinney Y Milam Milford Y Moody Y Moore YMorton Y Mostiler On the motion, the ayes were 119, nays 0. The motion prevailed. Y Moultrie Y Mueller Y Oliver.C YSnow Y Padgett Pannell Parham Parrish Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter YRainey Ramsey.T Ramsey.V Randall Y Ransom YRay Reaves Y Redding Y Richardson Robinson.C Y Robinson,P YRoss Y Royal Y Russell Selman Y Shepard Y Sherrod Y Sinkfield Sizemore Y Smith.L Y Smith,P Smith.T Y Smyre Y Stancil Steinberg Y Thomas.C Thomas,M Thompson Townsend Triplett Twiggs Waddle Y Waldrep Walker.C Y Walker.L YWall Ware Watson Y Watts White Y Wilder Y Williams,B Williams,J Y Williams,R Wilson Y Wood Workman Y Yeargin Young Murphy,Spkr HB 1175. By Representatives Childers of the 15th and Richardson of the 52nd: A bill to amend Code Section 43-33-21 of the Official Code of Georgia Anno tated, relating to the termination of the State Board of Physical Therapy, so as to provide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto. The following Senate amendment was read: Amend HB 1175 by inserting on line 11 of page 1 between "examinations" and "and" the following: ", continuing education,". By striking from line 6 of page 4 the following: "48-1-19", and inserting in its place the following: "43-1-19". By inserting between lines 16 and 17 of page 4 the following: "Section 8. Said chapter is further amended by striking Code Section 43-33-16, relat ing to expiration, renewal, and restoration of licenses, and inserting in its place a new Code Section 43-33-16 to read as follows: '43-33-16. All licenses shall expire biennially unless renewed. All applications for renewal of a license shall be filed with the joint-secretary prior to the expiration date, accompanied by the biennial renewal fee prescribed by the board. A license which has expired for failure of the holder to renew may only be restored after application and 1310 JOURNAL OF THE HOUSE, payment of the prescribed restoration fee within the time period established by the joint-secretary. Any license which has not been restored within such period following its expiration may not be renewed, restored, or reissued thereafter. The holder of such a canceled license may apply for and obtain a valid license only upon compliance with all relevant requirements for issuance of a new license. The beard shall be authorized to provide for continuing education requirements which muat be met order to renew taty license issued pursuant to this chapter. The board shall require no less than four hours of continuing education in order to renew any license issued pursuant to this chapter.'" By striking from line 17 of page 4 the following: "8", and inserting in its place the following: "9". By striking from line 26 of page 4 the following: "9", and inserting in its place the following: "10". By striking from line 7 of page 5 the following: "10", and inserting in its place the following: "11". By striking from line 10 of page 5 the following: "11", and inserting in its place the following: "12". Representative Childers of the 15th moved that the House agree to the Senate amend ment to HB 1175. 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 YAnderson 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 Birdsong Bishop Bolster Y Bostick Y Branch Y Bray Brooks Brown.G Y Buck Y Burruss Byrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Copelan Y Couch Y Cox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Dobbs Y Dover Y Dunn Edwards Felton Floyd Foster Y Galer Godbee Y Goodwin Y Greene Greer Groover Hamilton Banner Y Harris Hasty Y Hays Y Heard Y Hill Y Holcomb Holmes Y Hooks Home Y Hudson Isakson Y Jackson,J Jackson.N Jamieson Y Johnson.D Y Johnson.F Y Johnson.R Y Johnson.S Kilgore Y Kingston Y Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Lee.C Y Lee.W Y Linder Logan Long Y Lord Y Lucas Y Lupton Maddox Y Mangum Y Martin.C THURSDAY, FEBRUARY 20, 1986 YMartin,J Matthews Y McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Morton Y Mostiler YMoultrie Y Mueller Y Oliver.C Y Snow Y Padgett Pannell Parham Y Parrish Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Ramsey.V Randall Y Ransom Ray Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P Y Ross Y Royal Y Russell Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smyre Y Stancil Y Steinberg Thomas.C Thomas.M Thompson Townsend Triplett Y Twiggs Waddle Y Waldrep Walker.C Y Walker.L On the motion, the ayes were 119, nays 0. The motion prevailed. 1311 Y Wall Ware Watson Watts White Wilder Y Williams.B Williaras.J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin 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. The following Senate substitute was read: A BILL To amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Anno tated, relating to scholarships, loans, and grants, so as to provide that each applicant who is required but has not registered with the Selective Service System of the United States shall be ineligible to receive financial assistance under Parts 2 and 3 of said article; to pro vide that each applicant shall, under penalty of perjury, certify compliance or noncompliance with the provisions of the registration requirements of the Military Selective Service Act of the United States and provide such other information as the corporation and authority may reasonably require; 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 7 of Chapter 3 of Title 20 of the Official Code of Georgia Anno tated, relating to scholarships, loans, and grants, is amended by redesignating paragraphs (2) and (3) of Code Section 20-3-266, relating to powers and duties of the Georgia Higher Education Assistance Corporation and conflicts with federal or other state law, as para graphs (3) and (4), respectively, and by adding a new paragraph (2) to read as follows: "(2) Each applicant who, as of the date of application for financial assistance under this part, is required but has not registered with the Selective Service System of the United States pursuant to 50 U.S.C. Section 453, as amended, shall be ineligible to receive financial assistance under this part. Each applicant shall, under penalty of per jury, certify compliance or noncompliance with the registration requirements of the Mili tary Selective Service Act of the United States and provide such other information as the corporation may reasonably require;" Section 2. Said article is further amended by redesignating paragraphs (2) and (3) of Code Section 20-3-316, relating to powers and duties of the Georgia Student Finance Authority and conflicts with federal or other state law, as paragraphs (3) and (4), respec tively, and by adding a new paragraph (2) to read as follows: 1312 JOURNAL OF THE HOUSE, "(2) Each applicant who, as of the date of application for financial assistance under this part, is required but has not registered with the Selective Service System of the United States pursuant to 50 U.S.C. Section 453, as amended, shall be ineligible to receive financial assistance under this part. Each applicant shall, under penalty of per jury, certify compliance or noncompliance with the registration requirements of the Mili tary Selective Service Act of the United States and provide such other information as the authority may reasonably require;" Section 3. This Act shall become effective on July 1, 1987. Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Bannister of the 62nd moved that the House agree to the Senate sub stitute to HB 969. 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 Anderson Argo Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Barnett,B Y Barnett,M YBeck Y Benefield Benn Birdsong Bishop Bolster Y Bostick Y Branch YBray Brooks Brown.G 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 Connell Y Cooper Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Dobbs Y Dover YDunn Edwards Y Felton Floyd Foster Galer YGodbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Manner Y Harris 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 Y Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson YLee,C YLee.W Y Linder Logan Long YLord Y Lucas Y Lupton Maddox Y Mangum Martin.C Y Martin,J Matthews Y McDonald On the motion, the ayes were 123, nays 1. The motion prevailed. Y McKelvey McKinney Y Milan) Milford Y Moody Y Moore Morton Y Mostiler Moultrie Y Mueller Y Oliver.C Y Snow Y Padgett Pannell Parham Y Parrish Patten Y Peters Y Pettit Phillips Pinkston Y Porter Y 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 Y Shepard Y Sherrod Y Sinkfield Y Sizemore Smith.L Y Smith,? Y Smith,T YSmyre Y Stancil Y Steinberg Y Thomas.C N Thomas.M Thompson Townsend Triplett Y Twiggs Waddle Y Waldrep Walker.C Y Walker.L Y Wall YWare Watson Y Watts White Y Wilder Y Williams.B Williams,J Y William9,R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr HB 1330. By Representatives Bargeron of the 108th and Childers of the 15th: A bill to amend Code Section 49-4-142 of the Official Code of Georgia Anno tated, relating to the creation of the Department of Medical Assistance and adoption and modification of the state plan, so as to provide that semiprivate accommodations are to be furnished by certain providers of nursing home services as the obligation to recipients of medical assistance. The following Senate substitute was read: THURSDAY, FEBRUARY 20, 1986 1313 A BILL To amend Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to the creation of the Department of Medical Assistance and adoption and modification of the state plan, so as to provide that a modification to the plan shall be effective unless and until federal authorities rule that such modification is out of compliance with federal regulations; to provide that semiprivate accommodations are to be furnished by certain providers of nursing home services as the obligation to recipients of medical assistance; to provide that a modification shall limit a skilled care or intermediate care facility's rooms to be used for Medicaid receipients under certain circumstances; to provide for calculation of a private room differential payment over the cost of a semiprivate room; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA: Section 1. Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to the creation of the Department of Medical Assistance and adoption and modification of the state plan, is amended by striking in its entirety subsection (b) and inserting in its place a new subsection (b) to read as follows: "(b) The department shall, not later than January -b 1986 June 1^ 1986, implement a modification of the state plan for medical assistance and or any affected rules or regu lations of the department, which modification will allow supplementation by relatives or other persons for a private room or private sitter or both for a recipient of medical assis tance in a nursing home. The Department of Human Resources shall likewise modify any affected rules and regulations of the Department of Human Resources. The modifi cation to the plan or to any affected rules and regulations shall be effective unless and until federal authorities rule that such modification is out of compliance with federal regulations. Such modification of the state plan for medical assistance and or rules and regulations: (1) Shall provide that a provider of nursing home services in either a skilled care facility or an intermediate care facility shall be obligated to provide a recipient of medical assistance only semiprivate accommodations which meet the other require ments of appropriate regulations; (2) Shall provide that at no time can more than W percent of a skilled care or intermediate care facility's rooms be used for Medicaid recipients for whom a private room supplementation has been made; ft) (3) Shall provide that payments made by relatives or other persons to a provider of medical assistance for the specific stated purpose of paying the additional costs for a private room or private sitter or both for a recipient of medical assistance in a nursing home skilled care facility or intermediate care facility shall not be consid ered as income when determining the amount of patient liability toward vendor pay ments; provided, however, that the department's entitlement to payments made by legally liable third parties shall not be diminished by this modification of the state plan; (3> (4) Shall provide that no provider of medical assistance shall discriminate against a recipient of medical assistance who does not have a relative or other person who is willing and able to provide supplementation; but the provision of a private room or private sitter to a recipient when supplementation is provided shall not con stitute discrimination against other recipients; (3) (5) Shall provide that no recipient who is transferred to or admitted to a pri vate room because of a shortage of beds in semiprivate rooms shall be discharged because the recipient does not have a relative or other person who is willing and able to provide supplementation; and {4} (6) May provide that ne the rate charged by the provider of medical assistance snail cnarge tor pnvote pooifts tft excess or pates wnicn dfc charged to private paid patients to the relative or other person providing supplementation for a private room for a recipient shall not exceed the difference between the maximum rate charged by the provider for a private room to or for a private pay patient and the amount which 1314 JOURNAL OF THE HOUSE, the provider receives or will receive from the department as reimbursement for other wise providing for the recipient's care in a semiprivate room." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such 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 substi tute to HB 1330. 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 Anderson Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Barnett.B Y Barnett,M Beck Y Benefield Benn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Brooks Brown.G 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 Y Connell Cooper 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 Felton Floyd Foster Y Galer Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Manner Y Harris Y Hasty YHays Y Heard YHill 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 Kilgore Y Kingston Y Lane.D Lane.R N Lawler Y Lawrence Y Lawson YLee.C YLee,W Y Linder Logan Long YLord Y Lucas Y Lupton Maddox Y Mangum Martin,C Y Martin.J Matthews McDonald On the motion, the ayes were 122, nays 3. The motion prevailed. Y McKelvey McKinney Y Milam Milford Y Moody Y Moore Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C YSnow Y Padgett Y Pannell Par ham Y Parrish 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 Y Selman N Shepard Y Sherrod Y Sinkfield Y Sizemore Smith.L Y Smith.P Y Smith.T YSmyre N Stencil Y Steinberg Y Thomas.C Thomas,M Thompson 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 Williams.J Y Williams,R Wilson YWood Y Workman Y Yeargin Young Murphy,Spkr HB 395. By Representative Barnett of the 10th: A bill to increase the amount of the exemption from ad valorem taxation for educational purposes which applies to the homestead of each resident of Forsyth County who is 62 years of age or older and who meets certain income qualifications. The following Senate substitute was read: A BILL To increase the amount of the exemption from ad valorem taxation for educational purposes which applies to the homestead of each resident of Forsyth County who is 62 THURSDAY, FEBRUARY 20, 1986 1315 years of age or older and who meets certain income qualifications; to provide for applica tions; to provide for exceptions to the exemption; to provide for related matters; to provide for the approval or disapproval of this Act by the voters of Forsyth County; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) The homestead of each resident of Forsyth County who is 62 years of age or over and who, for the purposes of all tax years beginning on or after January 1, 1987, has a gross income from all sources, including the income of all members of the family residing within the homestead, not exceeding $12,000.00 per annum, is exempted from all ad valorem taxes for educational purposes levied by, for, or on behalf of the Forsyth County school district, including taxes to retire school bond indebtedness. The exemption shall not exceed $20,000.00 of the homestead's value. (b) (1) The exemption provided for in subsection (a) of this section shall not be granted unless an affidavit of the owner of the homestead, prepared upon forms pre scribed by the state revenue commissioner for that purpose, is filed with the tax commissioner of Forsyth County. (2) The affidavit shall show the: (A) Age of the owner on January 1 immediately preceding the filing of the affi davit; (B) Total amount of income received by the owner from all sources during the immediately preceding calendar year; (C) Total amount of income received from all sources by each individual member of the owner's family residing within the homestead; and (D) Such additional information as may be required by the state revenue commissioner. (3) Copies of all affidavits received or extracts of the information contained in the affidavits shall be forwarded to the state revenue commissioner by the tax commis sioner of Forsyth County. The state revenue commissioner is authorized to compare such information with information contained in any income tax return, sales tax return, or other tax documents or records of the department and to report immedi ately to the tax commissioner of Forsyth County any apparent discrepancies between the information contained in any affidavit and the information contained in any other tax records of the Department of Revenue. (4) After the owner has filed the affidavit and has been allowed the exemption provided for in this section, it shall not be necessary to make application and file the affidavit thereafter for any year and the exemption shall continue to be allowed to such owner; provided, however, that it shall be the duty of any such owner to notify the tax commissioner in the event the owner becomes ineligible for any reason for the exemption provided for in this section. (c) The homestead exemption granted by this section shall extend to and shall apply to those properties the legal title to which is vested in one or more titleholders when such property is actually occupied as a residence by one or more of the titleholders who possess the qualifications provided in subsection (a) of this section and who claim the exemption in the manner provided for in this section. The exemption shall also extend to those home steads the title to which is vested in a personal representative or trustee if one or more of the heirs or beneficiaries residing on the property possess the qualifications provided for and claim the exemption in the manner provided in this section. Section 2. The exemption granted by Section 1 of this Act shall be in lieu of and not in addition to the $10,000.00 exemption from ad valorem taxation for educational pur poses granted by the general provisions of the Constitution and laws of this state to per sons who meet the age and income qualifications of such general provisions. If the amount of said exemption granted by the general provisions of the Constitution and laws of this state is increased above the amount of the exemption granted by Section 1 of this Act, then such increased exemption shall apply rather than the exemption granted by Section 1 of this Act. 1316 JOURNAL OF THE HOUSE, Section 3. The exemption granted by Section 1 of this Act shall not apply to or affect any county taxes other than for educational purposes, state taxes, or municipal taxes. Section 4. Any person who as of January 1, 1987, has applied for and is eligible for the $10,000.00 exemption from ad valorem taxation for educational purposes granted by the general provisions of the Constitution and laws of this state to persons who meet the age and income requirements of such general provisions shall be eligible for the exemption granted by Section 1 of this Act without applying therefor. Section 5. The value of any residence in excess of the amount exempted by Section 1 of this Act shall remain subject to taxation. Section 6. Not less than 30 nor more than 60 days prior to the date of the Novem ber, 1986, general election, it shall be the duty of the election superintendent of Forsyth County to issue the call for an election for the purpose of submitting this Act to the elec tors of Forsyth County for approval or rejection. The superintendent shall set the date of such election for the date of the November, 1986, general election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Forsyth County. The ballot shall have written or printed thereon the words: "( ) YES ( ) NO Shall the Act increasing the amount of the homestead exemption from taxation for educational purposes granted to residents of Forsyth County who are age 62 or older and who meet certain income qualifications be approved?" All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 5 of this Act 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 Forsyth County. It shall be the duty of the superintendent to hold and conduct such election. It shall be the election superintendent's further duty to certify the result thereof to the Secretary of State. Section 7. All laws and parts of laws in conflict with this Act are repealed. Representative Barnett of the 10th moved that the House agree to the Senate substi tute to HB 395. 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 Anderson Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M Beck Y Benefield Benn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Childers Y Childs Y Clark.B Clark.L Y Colbert Y Coleman Y Colwell Y Connell Cooper Copelan Y Couch YCox Y Crawford Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Floyd Foster Y Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Manner Y Harris Y Hasty Hays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home 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 Lawler Y Lawrence Y Lawson Y Lee.C Lee.W Y Linder Y Logan Long Lord THURSDAY, FEBRUARY 20, 1986 1317 Y Lucas Y Lupton Maddox Y Mangum Martin.C Y Martin J Matthews McDonald Y McKelvey Y McKinney Y Milam YMilford Y Moody Y Moore Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Snow 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 Ray Reaves Y Redding Y Richardson Robinson.C Y Robinson.P Y Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield On the motion, the ayes were 129, nays 0. The motion prevailed. Sizemore Sraith,L Y Smith,P Smith.T Y Smyre Y Stancil Y Steinberg Y Thomas.C Thomas.M Thompson Towiwend Y Triplet! Y Twiggs Y Waddle Y Waldrep Y Walker.C Y WaIker,L Y Wall Ware Y Watson Y Watts White Y Wider Y Wi liams.B Wilhams,J Y Wllliams.R Y Wilson Y Wood Workman Y Yeargm Young Murphy,Spkr HB 1572. By Representatives Walker of the 115th, Chambless of the 133rd, Isakson of the 21st, Adams of the 36th and Townsend of the 24th: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to grant authority to the General Assembly to pro vide by local law for a form of governmental reorganization whereby the charter of a municipality is repealed in order for the county in which the municipality is located to succeed to the corporate powers, functions, rights, assets, and liabilities of the municipality. The following Senate substitute was read: A BILL To amend Title 36 of the Official Code of Georgia Annotated, relating to local govern ment, so as to grant authority to the General Assembly to provide by local law for a form of governmental reorganization whereby the charter of a municipality is repealed in order for the county in which the municipality is located to succeed to the corporate powers, functions, rights, assets, and liabilities of the municipality; to provide for the subjects which may be controlled by local law to achieve such a governmental reorganization; to provide requirements relative to such local laws; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other pur poses. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding immediately following Chapter 67 a new Chapter 68 to read as follows: "CHAPTER 68 36-68-1. This chapter is enacted pursuant to the authority of Article IX, Section III, Paragraph II, subparagraph (b) of the Constitution. It is the purpose of this chapter to grant authority to the General Assembly to provide by local law for a form of govern mental reorganization whereby the charter of a municipality is repealed in order for the county in which the municipality is located to succeed to the corporate powers, func tions, rights, assets, and liabilities of the municipality. This chapter shall be liberally construed to carry out effectively such purpose. 36-68-2. (a) Subject to the requirements of Code Section 36-68-3, when the charter of a municipality is repealed by local law as a part of achieving a governmental reorgan ization described in Code Section 36-68-1, the General Assembly may also provide by local law for any of the following matters: 1318 JOURNAL OF THE HOUSE, (1) For the form of government of the county which is the successor to the corpo rate powers, functions, rights, properties, and obligations of the municipality; (2) For the county to constitute a municipality as well as a county for the purposes of the application of the general laws and Constitution of this state; (3) For the exercise by the county of the powers vested in the former municipality and in municipalities generally as well as the powers vested in the county and counties generally; (4) For the county to receive any grants or other types of funds or revenues which the former municipality was entitled to receive as well as grants or other types of funds or revenues which the county is entitled to receive; (5) For the status of the county relative to any municipalities, other than the municipality having its charter repealed, located wholly or partially within such county; (6) For the transfer of all assets and properties of the municipality to the county; (7) For the assumption by the county of all contractual and other obligations of the municipality; (8) For the transfer of employees of the municipality to the county and for the preservation of any rights of such employees and their beneficiaries existing under any retirement or pension system of the municipality; and (9) For any other matters reasonably necessary or convenient to achieve and implement effectively a governmental reorganization described by Code Section 36-68-1. (b) A local law enacted pursuant to the authority of subsection (a) of this Code section may provide for such procedures, requirements, and limitations as may be reasonably necessary to control the subjects included within such local law, and the provisions of said subsection (a) shall not be construed to limit the manner in which the General Assembly may by local law control the subjects described by said subsection (a). 36-68-3. (a) Local laws enacted pursuant to the authority of this chapter shall be subject to the following requirements: (1) A local law enacted pursuant to the authority of Code Section 36-68-2 shall provide for the creation of a special tax district consisting of the territory lying within the corporate boundaries of the municipality for the purpose of the successor county government levying a tax therein sufficient to retire the bonded indebtedness of the municipality which was outstanding on the effective date of the repeal of the charter of the municipality; (2) The effectiveness of local laws described in paragraphs (3) and (4) of this sub section shall be contingent upon their approval by the governing authorities of the affected municipality and county prior to the referenda provided for in paragraphs (3) and (4) of this subsection. (3) The effectiveness of a local law repealing the charter of a municipality shall be contingent upon its approval by a majority of the voters voting within the municipal ity and upon the parallel local law described by paragraph (4) of this subsection becoming effective; (4) The effectiveness of a local law enacted pursuant to the authority of Code Section 36-68-2 shall be contingent upon its approval by a majority of the voters voting throughout the territorial boundaries of the applicable county and upon the parallel local law described by paragraph (3) of this subsection becoming effective; and (b) The requirement for a referendum to repeal a municipal charter under paragraph (3) of subsection (a) of this Code section shall apply to the repeal of a municipal charter only when such repeal is a part of a governmental reorganization described by Code Section 36-68-1." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Representative Walker of the 115th moved that the House agree to the Senate substi tute to HB 1572. THURSDAY, FEBRUARY 20, 1986 1319 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 Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Bargeron Barnett.B Y Barnett.M YBeck Y Benefield Benn Y Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Childers Y Childs Y Clark.B Y Clark.L Y Colbert Coleman Y Colwell Y Connell Cooper Copelan Y Couch YCox Y Crawford Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover YDunn Y Edwards Y Felton Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Hanner Y Harris Y Hasty YHays Y 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 Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane.D Y Lane.R Lawter Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan Long YLord Y Lucas Y Lupton Maddox Y Mangum Martin.C Y Martin,J Y Matthews Y McDonald On the motion, the ayes were 136, nays 0. The motion prevailed. Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C YSnow Y Padgett Y Pannell Parham Y Parrish Patten Y Peters Pettit Y Phillips Pinks ton Y Porter Y Rainey Y 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 Y Shepard Y Sherrod Y Sinkfield Y Sizemore Smith.L Y Smith,? Smith.T Y Smyre Y Stancil Y Steinberg Y Thomas.C Thomas.M Thompson Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Watts White Y Wilder Y Williams,B Williams,J Y Williams.R Wilson Y Wood Workman Y Yeargin Young Murphy.Spkr HB 1293. By Representatives Isakson of the 21st, Adams of the 36th, Robinson of the 58th, Bailey of the 72nd, Barnett of the 59th and others: A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to metropolitan area planning and development commissions, so as to authorize the commission to be the contracting and coordinating agent for the governing bodies of political subdivisions in the metropolitan area with regard to certain regional public projects and to pro vide for conditions and procedures relating thereto. The following Senate amendment was read: Amend HB 1293 by striking from lines 9 through 11 of page 3 the following: "which is in excess of $500,000.00 as that affected government's portion, unless", and inserting in its place the following: "unless that affected government's portion of that debt is". By adding before the period on line 15 of page 3 the following: "if such debt is required to be so approved pursuant to Article IX, Section V of the Constitution". 1320 JOURNAL OF THE HOUSE, Representative Isakson of the 21st moved that the House agree to the Senate amend ment to HB 1293. 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 Argo YAthon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield Benn Y Birdsong Y Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G YBuck Y Burruss YByrd Y Carter Chambless Y Chance Y Cheeks Childers Y Childs Y Clark.B Y Clark,L Y Colbert Coleman Y Colwell Y Connell Y Cooper Copelan Y Couch YCox Y Crawford Crosby Cummings Daugherty N Davis Dean Y Dixon YDobbs Y Dover YDunn Y Edwards Y Felton Floyd Y Foster Y Galer YGodbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Hanner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks Y Home 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 YLee.W Y Linder Y Logan Long YLord Y Lucas Y Lupton Maddox Y Mangum Martin.C Y Martin,J Y Matthews Y McDonald On the motion, the ayes were 132, nays 3. The motion prevailed. Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Snow 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 Ray Reaves Y Redding Y Richardson Robinson.C Y Robinson,P YRoss Y Royal Y Russell Y Selman N Shepard Y Sherrod Y Sinkfield Y Sizemore Smith.L Y Smith.P Smith.T Y Smyre Y Stancil Steinberg Thomas.C Y Thomas.M Thompson Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Watts White Y Wilder Y Williams.B Williams,J Y Williams,R N Wilson Y Wood Workman Y Yeargin Young Murphy,Spkr 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 Anno tated, 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. The following Senate substitute was read: 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; to provide for permit fees; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. 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, is THURSDAY, FEBRUARY 20, 1986 1321 amended by striking paragraph (1) of subsection (a) and inserting in its place a new para graph to read as follows: "(1) The commissioner or an official of the department designated by the commis sioner may, in his discretion, upon application in writing and good cause being shown therefor, issue a permit in writing authorizing the applicant to operate or move upon the state's public roads a motor vehicle or combination of vehicles and loads whose weight, width, length, or height, or combination thereof, exceeds the maximum limit specified by law, provided that the load transported by such vehicle or vehicles is of such nature that it is a unit which cannot be readily dismantled or separated; and provided, further, that no permit shall be issued to any vehicle whose operation upon the public roads of this state threatens to unduly damage a road or any appurtenance thereto, except that the dismantling limitation specified in this Code section shall not apply to loads which consist of cotton, tobacco, concrete pipe, and plywood that do not exceed a width of nine feet or of round bales of hay that do not exceed a width of 11 feet and which are not moved on part of the National System of Interstate and Defense Highways. However, vehicles transporting portable buildings on roads not a part of the National System of Interstate and Defense Highways, regardless of whether the nature of such buildings is such that they can be readily dismantled or separated, may exceed the lengths and widths established in this article, provided that a special permit for such purposes has been issued as provided in this Code section, but no such special permit shall be issued for a load exceeding 12 feet in width." Section 2. Said Code section is further amended by adding at the end of paragraph (1) of subsection (c) a new subparagraph (H) to read as follows: "(H) For loads of round hay bales which do not exceed 11 feet wide................ 100.00 Provided that the annual permit shall specify the route or routes upon which such loads may be operated." Section 3. Said Code section is further amended by adding to paragraph (3) of sub section (c), immediately following subparagraph (D) of said paragraph (3) and immediately before the undesignated language at the end of said paragraph (3), a new subparagraph (E) to read as follows: "(E) Loads of round hay bales which do not exceed 11 feet wide ...................... 10.00" Section 4. All laws and parts of laws in conflict with this Act are repealed. Representative Branch of the 137th moved that the House agree to the Senate substi tute to HB 1066. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Adams,G YAdams,M Y Aiken Y Alford Y Alien Y Anderson Argo Y 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 Y Bray Y Brooks Y Brown.G Y Buck Y Burruss Y Byrd Y Carter Y Chambless Y Chance Y Cheeks Y Childere Y Childs YClark,B Y Clark,L Y Colbert Coleman Colwell Y Connell Cooper Copelan Y Couch Y Cox Y Crawford Y Crosby Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Manner Y Harris Y Hasty Y Hays Y Heard Y Hill Y Holcomb Holmes Y Hooks Y Home 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 ^an^R Y Lawler Y Lawrence Y Lawson Lee.C Y Lee.W Y Lmder Y Logan Long Y Lord 1322 JOURNAL OF THE HOUSE, Y Lucas Y Lupton Maddd YMangum YMartin.C YMartin,J Y Matthews Y McDonald YMcKelvey McKinney YMilam YMilford Moody Y Moore Morton YMostiler YMoultrie Y Mueller YOliver.C Y Snow Y Padgett Y Pannell Parham Y Parrish Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom Y Ray Reaves Redding Y Richardson Y Robinson.C Y Robinson.P Y Rosa Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,? Smith.T Y Smyre Y Stancil Y Steinberg Thomas.C Y Thomas,M Y Thompson Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C On the motion, the ayes were 144, nays 0. The motion prevailed. Y Walker.L Y Wall Y Ware Watson Y Watts White Y Wi der Y Wiliams.B Wi hams,J Y Wi liams,R vS T Y Wood Workman Y Yeargm Young Murphy,SPkr HB 509. By Representatives Isakson of the 21st, Barnett of the 59th and Wood of the 9th: A bill to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions and deferral, so as to provide for the exemption from ad valorem taxation the homestead of cer tain disabled veterans and their families. The following Senate substitute was read: A BILL To amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to property tax exemptions and deferral, so as to provide for the exemption from ad valorem taxation of the homestead of certain disabled veterans and their families; to provide for filing for the homestead exemption; to provide for substantiation of continu ing eligibility; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to property tax exemptions and deferral, is amended by adding a new Code Section 48-5-48.3 immediately following Code Section 48-5-48.2 to read as follows: "48-5-48.3. (a) (1) Each disabled veteran as defined in this Code section who is a citizen and resident of Georgia is granted an exemption on his homestead of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 802 of Title 38 of the United States Code as hereafter amended, which such veteran owns and actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal, and school purposes. The value of all property in excess of the exempted amount cited above shall remain subject to taxation. (2) The term 'disabled veteran' as used in this Code section means a disabled war time veteran who was discharged under honorable conditions and who has been adju dicated by the Veterans' Administration of the United States as being totally and permanently disabled and entitled to receive service connected benefits so long as he is 100 percent disabled and receiving or entitled to receive benefits for a 100 percent service connected disability. (b) Each disabled veteran as defined in this Code section shall file for the exemption only once in the county of residence. Once filed, the exemption shall automatically be renewed from year to year except as provided in subsection (c) of this Code section. THURSDAY, FEBRUARY 20, 1986 1323 (c) Not more often than once every three years, the county board of tax assessors may require the holder of an exemption granted pursuant to this Code section to sub stantiate his continuing eligibility for the exemption. In no event may the board require more than three doctors' letters to substantiate eligibility." Section 2. 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 substi tute to HB 509. On the motion, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams.M Aiken Y Alford Y Alien Y Anderson 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 YBray Y Brooks Brown.G YBuck Y Burruss YByrd Y Carter Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark,L Y Colbert Coleman Y Cohvell Y Connell Y Cooper Copelan Y Couch YCox Y Crawford Y Crosby Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Hanner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Holmes Y Hooks Y Home 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 YLane,R Y Lawler Y Lawrence Y Lawson YLee,C YLee.W Y Under YLogan Long YLord Y Lucas Y Lupton Maddoi Y Mangum Y Martin,C Y Martin,J Y Matthews Y McDonald On the motion, the ayes were 139, nays 1. The motion prevailed. Y McKelvey McKinney YMilam Y Milford Y Moody Y Moore Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C YSnow 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 N Ransom YRay 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,? Smith.T YSmyre Y Stancil Stein berg Y Thomas.C Thomas,M Y Thompson Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Y Ware Watson Y Watts White Y Wilder Y Williams.B Williams,J Y Williams.R Y Wilson Y Wood Workman Yeargin Young Murphy.Spkr Representative Ransom of the 90th stated that he inadvertently voted "nay" on the preceding roll call. He wished to vote "aye" thereon. Representative Richardson of the 52nd District, Chairman of the Sub-Committee on Local Legislation of the State Planning & Community Affairs Committee, 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: 1324 JOURNAL OF THE HOUSE, HB 1467 Do Pass HB 1887 Do Pass SB 353 Do Pass Respectfully submitted, /s/ Richardson of the 52nd Sub-Committee Chairman By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 1467. By Representative Ware of the 77th: A bill to amend an Act creating the Franklin-Heard County Water Authority, so as to authorize the authority to acquire, construct, operate, and maintain self-liquidating projects embracing the collection, treatment, and disposal of sewage and any related facilities; to remove the limitation on bonded indebtedness; to remove the limitation on the interest rate of such bonds. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1887. By Representative Triplett of the 128th: A bill to amend an Act establishing a new charter for the municipality of Garden City, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality. The report of the Committee, which was favorable to the passage of the Bill, was 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 353. By Senator Timmons 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 relating to the Calhoun County board of education; to provide that such continuation of such con stitutional amendment shall not be construed as authorizing noncompliance with the terms of any court order relating to the Calhoun County board of education. The report of the Committee, which was favorable to the passage of the Bill, was 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 Speaker Pro Tern assumed the Chair. 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: THURSDAY, FEBRUARY 20, 1986 1325 HB 1793. By Representatives Thomas of the 69th, Copelan of the 106th and Murphy of the 18th: A bill to amend Chapter 1 of Title 22 of the Official Code of Georgia Anno tated, relating to general provisions affecting eminent domain, so as to pro vide for the payment by the condemnor of reasonable expenses, including attorney's fees, incurred by the condemnee in determining just and adequate compensation; to provide for the payment of expenses in original proceed ings. The following Committee substitute was read: A BILL To amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions affecting eminent domain, so as to provide for the payment by the condemnor of reasonable expenses, including attorney's fees, incurred by the condemnee in determining just and adequate compensation; to provide for the payment of expenses in original proceedings brought under Chapter 2 of Title 22 or appeals brought under Chapter 3 of Title 32; to provide for payments in appeals by a condemnor to superior court; to permit payment of expenses in certain appeals to superior court by a condemnee; to provide exceptions; to provide for expenses in certain cases appealed to the Supreme Court or the Court of Appeals; to provide for procedures relating to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions affecting eminent domain, is amended by adding at the end thereof a new Code section, to be designated Code Section 22-1-9, to read as follows: "22-1-9. (a) In any proceeding brought for the exercise of the power of eminent domain as an original proceeding under Chapter 2 of this title or as an appeal from a declaration of taking under Chapter 3 of Title 32, the condemnor shall be liable for the reasonable expenses, including attorney's fees, incurred by the condemnee in deter mining just and adequate compensation if the award of compensation to the condemnee in such proceeding exceeds the last firm offer made by the condemnor by 10 percent or greater. The amount of such expenses shall be decided by the judge or presiding offi cer or officers in such proceeding and shall be a separate entry upon the award made to the condemnee. The award of such expenses shall be filed and recorded in the man ner in which the award is so filed. (b) (1) Upon the appeal of an award of compensation, other than for expenses, by a condemnor under Chapter 2 of this title, such condemnor shall be liable for the reasonable expenses, including attorney's fees, incurred by the condemnee in the supe rior court. Such expenses shall be decided by the judge and shall be a separate entry upon the final judgment of the court. (2) If an award of compensation, other than for expenses, is appealed by a con demnee under Chapter 2 of this title, the reasonable expenses, including attorney's fees, incurred in the superior court may, in the exercise of the discretion of the judge, be awarded to the condemnee if such award is warranted after a consideration of one or all of the following: (A) The ultimate success of the appeal by the condemnee; (B) The existence of a legitimate question regarding just and adequate compen sation; (C) The existence of other issues on appeal; (D) A disparity of greater than 25 percent between an original offer by a con demnor and the amount awarded in the proceeding below; (E) A disparity between the amount awarded in the proceeding below to the condemnee compared with similar awards; and 1326 JOURNAL OF THE HOUSE, (F) Other circumstances which serve to indicate that an appeal was not frivolous or for the purpose of harassment or delay. (c) For any case on appeal in the Supreme Court or Court of Appeals in which a judgment is returned in favor of the condemnee, the appellate court shall award reason able expenses, including attorney's fees, to the condemnee." Section 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Lawrence of the 49th moves to amend the Committee substitute to HB 1793 by inserting on line 14, page 3, after the words "attorney's fees", the following: "in connection with the appeal,". The following amendment was read: Representative Moore of the 139th moves to amend the Committee substitute to HB 1793 by adding on page 3, the following: "d. As used in Section 1, the term condemnor shall not include the State of Georgia or any of its agencies or political subdivisions." On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Aaron Adams.G N Adams.M Y Aiken N Alford N Alien N Anderson Argo N Athon Y Atkins N Auten N Bailey N Balkcom Y Bannister N Bargeron N Barnett,B Y Barnett,M N Beck N Benefield N Benn N Birdsong N Bishop N Bolster Y Bostick Y Branch NBray Brooks Y Brown.G NBuck N Burruss YByrd Y Carter N Chambless N Chance N Cheeks N Childers N Childs N Clark.B Y Clark.L Y Colbcrt Y Coleman N Colwell Connell N Cooper Copelan N Couch NCox N Crawford N Crosby N Cummings Daugherty N Davis YDean N Dixon Y Dobbs N Dover NDunn Edwards Y Felton N Floyd N Foster N Galer N Godbee Y Goodwin N Greene Greer N Groover N Hamilton N Manner N Harris N Hasty Hays Y Heard YHill Y Holcomb N Holmes N Hooks N Home N Hudson Y Isakson N Jackson,J Y Jackson.N Y Jamieson Y Johnson.D Y Johnson,F N Johnson.R N Johnson,S N Kilgore Y Kingston N Lane.D N Lane.R N Lawler N Lawrence Lawson N Lee.C N Lee,W Y Linder N Logan NLong NLord Lucas Lupton Maddox N Mangum N Martin.C N MartinJ Y Matthews N McDonald N McKelvey Y McKinney Milam N Milford Y Moody Y Moore Y Mortpn Mostiler Y Moultrie Y Mueller N Oliver.C Snow N Padgett N Pannell N Parham N Parrish Patten Peters N Pettit N Phillips Pinkston N Porter N Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves N Redding N Richardson Y Robinson.C N Robinson.P NRoss Royal N Russell On the adoption of the amendment, the ayes were 47, nays 103. The amendment was lost. N Selman Y Shepard N Sherrod N Sinkfield N Sizemore Y Smith.L Y Smith,? N Smith.T N Smyre N Stancil N Steinberg N Thomas.C Thomas.M N Thompson Y Townsend Triplet! N Twiggs N Waddle N Waldrep N Walker.C N Walker.L N Wall Ware Watson N Watts White Y Wilder Y Williams,B Williams,J Y Williams.R N Wilson N Wood N Workman Yeargin Young Murphy,Spkr THURSDAY, FEBRUARY 20, 1986 1327 The following amendments were read and adopted: Representative Groover of the 99th moves to amend the Committee substitute to HB 1793 by adding after the word "filed", the following: "the amount included for attorney's fees shall not exceed 25 percent of the difference in the award and the last firm offer made by the condemnor.", and by adding on page 3, between lines 10 and 11, the following: "(G) The amount included for attorney's fees shall not exceed 25 percent of the excess of the amount of the verdict over the amount of the award appealed from." Representative Groover of the 99th moves to amend the Committee substitute to HB "11759"3. by striking the figure "10" on line 4, page 2 and inserting in lieu thereof the figure The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams.M N Aiken Y Alford Y Alien Y Anderson Argo Y Athon N Atkins Y Auten N Bailey Y Balkcom N Bannister N Bargeron Y Barnett.B N Barnett.M NBeck N Benefield YBenn Y Birdsong Y Bishop Y Bolster N Bostick Y Branch YBray Brooks N Brown.G YBuck Y Burruss NByrd N Carter Y Chambless N Chance Cheeks Y Childers Y Childs Y Clark,B N Clark.L N Colbert Y Coleman Y Colwell Connell Y Cooper Copelan Y Couch NCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis NDean Y Dixon Y Dobbs Y Dover Y Dunn Edwards N Felton Y Floyd Y Foster Y Galer Y Godbee N Goodwin N Greene Greer Y Groover Y Hamilton Y Manner Y Harris Y Hasty Hays Y Heard NHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson N Isakson Y JacksonJ N Jackson.N N Jamieson Y Johnson.D N Johnson.F N 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 N Linder YLogan YLong YLord Lucas Lupton Maddox Y Mangum Y Martin.C Y Martin,J N Matthews Y McDonald Y McKelvey N McKinney N Milam Y Milford N Moody N Moore N Morton Y Mostiler N Moultrie N Mueller Y Oliver.C Snow Y Padgett Y Pannell Y Parham Y Parrish Patten N Peters Y Pettit Y Phillips Pinkston Y Porter Y Rainey N Ramsey.T N Ramsey.V Randall N Ransom NRay N Reaves Y Redding N Richardson N Robinson.C Y Robinson,P YRoss N Royal Y Russell Y Selman N Shepard N Sherrod Y Sinkfield Y Sizemore N Smith.L N Smith.P Y Smith.T Y Smyre N Stancil Y Steinberg Y Thomas.C Thomas.M Y Thompson Y Townsend Y Triplet! Y Twiggs N Waddle Y Waldrep Y Walker.C Y Wa!ker,L Y Wall Ware Watson Y Watts White N Wilder N Williams.B Williams,,) N Williams.R Y Wilson Y Wood Y Workman Yeargin Young Murphy.Spkr On the passage of the Bill, by substitute, as amended, the ayes were 102, nays 53. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. 1328 JOURNAL OF THE HOUSE, Representative Argo of the 68th stated that he had been called from the floor of the House during the preceding roll call. He wished to vote "aye" thereon. Representative Watson of the 114th stated that he had been called from the floor of the House during the preceding roll call. He wished to vote "aye" thereon. Representative Richardson of the 52nd stated that she inadvertently voted "nay" on the preceding roll call. She wished to vote "aye" thereon. By unanimous consent, HB 1793, by substitute, was ordered immediately transmitted to the Senate. HB 141. By Representatives Burruss of the 20th, Wilson of the 20th, Crosby of the 150th, Kilgore of the 42nd, Cooper of the 20th and others: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to calculation of taxable net income of individuals for pur poses of Georgia income taxation. The following Committee substitute was read: A BILL To amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to calculation of taxable net income of individuals for purposes of Georgia income taxa tion, so as to increase the amount of retirement income which may be excluded from tax able net income by a taxpayer who is 62 years of age or over or is permanently and totally disabled; to provide for related matters; to provide for an effective date and for applicabil ity; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to calculation of taxable net income of individuals for purposes of Georgia income taxa tion, is amended by striking paragraph (5) of subsection (a), which paragraph describes an exclusion from taxable net income, and inserting in its place a new paragraph to read as follows: "(5) (A) Retirement income not to exceed $2,000.00 $6,000.00 per year received from any source. This paragraph shall not apply to or affect retirement income which is already wholly exempt from income taxation because it is received from a public pension or retirement fund or system listed in subparagraph (4)(A) of this subsection. A taxpayer shall be eligible for the $2,000.00 $6,000.00 exclusion granted by this para graph only if he: (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 tax payer for the exclusion allowed by this paragraph;". Section 2. This Act shall become effective January 1, 1987, and shall apply to tax able years beginning 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: THURSDAY, FEBRUARY 20, 1986 1329 Representatives Cheeks of the 89th and Padgett of the 86th move to amend the Committee substitute to HB 141 by striking on line 19 of page 1 and on line 26 of page 1, the following: "$6,000.00" and inserting in lieu thereof in each such place the figure "$10,000.00". On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Aaron Adams,G N Adams.M N Aiken N Alford Y Alien N Anderson Y Argo N Athon N Atkins N Auten N Bailey N Balkcom Y Bannister Y Bargeron N Barnett.B Y Barnett.M NBeck N Benefield Benn N Birdsong Bishop N Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G NBuck N Burruss YByrd N Carter N Chambless N Chance Y Cheeks N Childers Childs Y Clark.B Clark.L Colbert Coleman N Colwell Conneil N Cooper Copelan Y Couch NCox N Crawford N Crosby N Cummings Daugherty Y Davis N Dean N Dixon N Dobbs N Dover Dunn Edwards Y Felton N Floyd N Foster N Galer Y Godbee Y Goodwin Greene Greer N Groover N Hamilton Manner N Harris N Hasty NHays N Heard NHill Holcomb N Holmes Y Hooks Y Home Y Hudson N Isakson N Jackson,J Jackson.N Y Jamieson N Johnson.D N Johnson.F N Johnson.R N Johnson.S N Kilgore N Kingston Y Lane.D Y Lane.R N Lawler N Lawrence Lawson NLee.C N Lee.W Y Under YLogan N Long YLord Lucas Lupton Maddoi N Mangum N Martin.C N Martin,J Matthews N McDonald Y McKelvey Y McKinney N Milam N Milford Y Moody Y Moore Y Morton N Mostiler Y Moultrie Y Mueller N Oliver.C NSnow Y Padgett N Pannell Y Parham N Parrish Patten N Peters N Pettit N Phillips Pinkston Y Porter N Rainey N Ramsey.T Y Ramsey.V Randall N Ransom NRay N Reaves Y Redding N Richardson N Robinson.C N Robinson.P NRoss N Royal N Russell On the adoption of the amendment, the ayes were 45, nays 99. The amendment was lost. N Selman Y Shepard N Sherrod Sinkfield N Sizemore N Smith.L N Smith.P N Smith.T N Smyre N Stancil N Steinberg N Thomas.C Thomas.M N Thompson N Townsend Triplett Twiggs Y Waddle N Waldrep Walker.C N Walker.L YWall N Ware Y Watson N Watts White N Wilder Y Williams,B Williams,J N Williams.R N Wilson Wood N Workman Yeargin Young Murphy ,Spkr The following amendment was read: Representative Wilson of the 20th moves to amend the committee substitute to HB 141 by striking on line 19 of page 1 and on line 26 of page 1 the following: "$6,000.00", and inserting in lieu thereof in each such place the following: "$5,000.00". On the adoption of the amendment, the roll call was ordered and the vote was as follows: Aaron Adams.G N Adams.M N Aiken Y Alford Y Alien N Anderson N Argo N Athon Y Atkins Y Auten N Bailey N Balkcom N Bannister N Bargeron 1330 JOURNAL OF THE HOUSE, N Barnett,B N Barnett,M NBeck N Benefield NBenn Y Birdsong Bishop N Bolster N Bostick N Branch YBray Y Brooks Y Brown.G NBuck N Burruss NByrd N Carter N Chambless Y Chance N Cheeks N Childers Childs N Clark.B Clark.L Colbert Coleman N Colwell Connell N Cooper Copelan N Couch NCox N Crawford N Crosby Y Cummings Daugherty Y Davis NDean N Dixon N Dobbs N Dover NDunn Edwards Y Felton N Floyd N Foster N Galer N God bee N Goodwin Greene Greer N Groover Y Hamilton Manner N Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home N Hudson Y Isakson N Jackson,J Y Jackson.N N Jamieson N Johnson.D N Johnson.F Y Johnson.R N Johnson.S Y Kilgore N Kingston N Lane.D N Lane.R N Lawler N Lawrence Lawson Lee.C NLee.W Y Linder N Logan YLong NLord Y Lucas Lupton Maddox N Mangum N Martin.C N Martin.J Y Matthews N McDonald Y McKelvey Y McKinney N Milam N Milford N Moody Y Moore N Morton N Mostiler Y Moultrie N Mueller N Oliver.C Snow N Padgett Y Pannell YParham N Parrish Patten N Peters N Pettit N Phillips Pinkston N Porter N Rainey N Ramsey.T Y Ramsey.V Randall N Ransom NRay Y Reaves Y Redding N Richardson N Robinson.C N Robinson,? NRoss Royal N Russell N Selman N Shepard Y Sherrod On the adoption of the amendment, the ayes were 52, nays 97. The amendment was lost. N Sinkfield Y Sizemore N Smith.L N Smith.P Smith.T N Smyre N Standl N Steinberg Y Thomas,C Thomas.M Y Thompson N Townsend Triplett N Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall N Ware Y Watson N Watts White Y Wilder Y Williams.B Williams,J N Williams,R Y Wilson N Wood Y Workman Yeargin Young Murphy.Spkr The following amendment was read: Representative Burruss of the 20th moves to amend the committee substitute to HB 141 by striking on line 19 of page 1 and on line 26 of page 1 the following: "$6,000.00", and inserting in lieu thereof in each such place the following: "$4,000.00". On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Aaron Adams.G Y Adams.M N Aiken Y Alford N Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten N Bailey Y Balkcom N Bannister Y Bargeron N Barnett.B N Barnett,M YBeck N Benefield YBenn Y Birdsong Bishop Y Bolster N Bostick N Branch YBray Y Brooks N Brown.G YBuck Y Burruss NByrd N Carter Y Chambless Y Chance N Cheeks Y Childers Childs N Clark.B Y Clark,L Colbert N Coleman Y Colwell Connell Y Cooper Copelan N Couch YCox Y Crawford N Crosby Y Cummings Daugherty N Davis NDean N Dixon N Dobbs N Dover YDunn Edwards N Felton N Floyd Y Foster Y Galer God bee N Goodwin Greene Greer Y Groover Y Hamilton Hanner N Harris Y Hasty YHays N Heard YHill N Holcomb Y Holmes N Hooks N Home Y Hudson Y Isakson Y Jackson,J N Jackson.N N Jamieson N Johnson,D Y Johnson,F N Johnson.R Y Johnson.S Y Kilgore Y Kingston N Lane.D N Lane,R Y Lawler Y Lawrence N Lawson Y Lee.C THURSDAY, FEBRUARY 20, 1986 Y Lee.W N Under N Logan YLong Lord N Lucas Lupton Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald N McKelvey N McKinney Y Milam Y Milford N Moody Moore N Morton Y Mostiler Y Moultrie N Mueller N Oliver.C YSnow N Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Y Pettit Y Phillips Pinkston N Porter Y Rainey N Ramsey.T N Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C N Robinson.P YRoss Y Royal Y Russell Y Selman N Shepard Y Sherrod N Sinkfield N Sizemore N Smith,L Y Smith.P Y Smith.T N Smyre Y Stancil N Steinberg Y Thomas.C Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep On the adoption of the amendment, the ayes were 91, nays 65. The amendment was adopted. 1331 N Walker.C N Walker,L N Wall Y Ware Y Watson Y Watts White N Wilder N Williams,B Williams,J N Williams.R Y Wilson Y Wood N Workman Y Yeargin Young Murphy,Spkr The following amendment was read and lost: Representative McDonald of the 12th moves to amend the Committee substitute to HB 141 as follows: Section 2: change "1987" to "1988". The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams.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 Bamett.M YBeck Y Benefield YBenn Y Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Y Cooper Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis YDean Y Dixon Y Dobbs Y Dover YDunn Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Hanner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y JacksontJ 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 Lawgon Y Lee.C Y Lee.W Y Linder Y Logan YLong YLord Y 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 YSnow Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Y Pettit Y 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 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 YWall Y Ware Y Watson Y Watts White Y Wilder Y Williams.B Williams,,! Y Williams,R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy.Spkr 1332 JOURNAL OF THE HOUSE, On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. By unanimous consent, HB 141, by substitute, as amended, was ordered immediately transmitted to the Senate. Representative Pinkston of the 100th stated that he had been called from the floor of the House during the preceding roll call. He wished to vote "aye" thereon. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has disagreed to the House amendment to the Senate amendment to the following Bill of the House: HB 1227. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th, Copelan of the 106th, Robinson of the 96th and others: A bill to amend Code Section 15-521 of the Official Code of Georgia Anno tated, relating to the promulgation of certain rules and regulations of the Judicial Council, so as to require prior written notice of the intended adop tion of such rules and regulations and provide for the invalidity of rules and regulations adopted without such notice and for proceedings relating thereto. 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: SB 477. By Senators Kidd of the 25th and Cobb of the 28th: A bill to amend an Act amending Title 40 of the Official Code of Georgia Annotated, and providing for a motorcycle operator safety training program, approved March 21, 1984 (Ga. L. 1984, p. 644), so as to change a certain definition; to change provisions relating to the administration of the program; to provide duties for the Board of Public Safety. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams 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 Barnett.B Y Barnett.M Y Beck Y Benefield Y Benn Birdsong Bishop Y Bolster Y Bostick Y Branch Y Bray Y Brooks Y Brown.G Y Buck Y Burruss Y Byrd Y Carter Chambless Chance Y Cheeks Y Childers Childs Y Clark,B Clark.L Colbert Coleman Y Colwell Connell Y Cooper Copelan Couch Y Cox Y Crawford Y Crosby Y Cummings Daugherty Davis Dean Y Dixon Y Dobbs Y Dover Dunn Edwards Y Felton Floyd Y Foster Galer Godbee Y Goodwm Y Greene Greer Y Groover Y Hamilton Manner Y Harris Y Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes Y Hooks Home Y Hudson Ylsakson YJackSon,J Jackson.N Y Jamieson Johnson,D YJohnson,F YJohnson.R YJohnson,S Kilgore Y Kingston YLane.D YLane,R Y Lawler Y Lawrence YLawson Y Lee.C YLee.W THURSDAY, FEBRUARY 20, 1986 Y Under YLogan YLong YLord Y Lucas Lupton Maddox Y Mangum Martin.C Y Martin,J Matthews Y McDonald YMcKelvey McKinney Milam Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Snow Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Pettit Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom Y Ray Y Reaves Y Redding Y Richardson Y Robmson.C Y Robinson.P Y Ross Y Royal Y Russell Y Selman Shepard Y Sherrod Y Smkfield Sizemore Smith.L Y Smith.P Y Smith,T Y Smyre Y Stancil Stemberg Y Thomas.C Thomas.M Thompson Townsend 1333 Y Triplet* Y Tw,gg. Waddle Y Wattrep ?$""'? vw l ' Y Wall Ware Watson Y Watts White Wi der Y Wi,ains,B W, hams,J Y Williams* W.lson Y Wood Y Workman Y Yeargm Young Murphy.Spkr On the passage of the Bill, the ayes were 125, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1285. By Representatives Chambless of the 133rd, Childers of the 15th, Ware of the 77th, Richardson of the 52nd, Wood of the 9th and others: A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to state health planning and development, so as to authorize the Health Planning Agency to establish and conduct a state-wide health care data clearing-house to collect, verify, compile, analyze, and disseminate certain health care data. The following Committee substitute was read: A BILL To amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to establish within the Health Planning Agency a state-wide health care data clearing-house to collect, verify, compile, analyze, and disseminate certain health care data; to provide for legislative intent; to provide for defini tions; to create and provide for the purposes of the Health Care Data Advisory Committee; to create and provide for a health care data clearing-house; to provide for membership, terms, and vacancies of the advisory committee; to provide for per diem and expenses; to provide for organization, meetings, and procedures; to provide for the collection, verifica tion, compilation, analysis, and dissemination of data; to provide for the powers, duties, and authority of the planning agency and the clearing-house; to provide for the powers, duties, and authority of the Commissioner of Insurance, the executive director of the Health Planning Agency, the commissioner of human resources, the commissioner of medi cal assistance, and the Secretary of State; to provide for notices of charges; to provide for confidentiality of information and records; to provide for application to public and private health care providers; to provide for disclosure and release of data; to provide for nonduplication of certain collected data; to provide for a clearing-house data base; to pro vide for public reports; to provide for certain costs, charges, and fees; to provide for annual reports; to provide for disciplinary sanctions against certain licensees; to provide for pen alties; to provide for certain civil immunity; to provide for disclosure of information and certain exceptions to immunity; to provide for other matters relative to the foregoing; to provide an effective date conditioned upon adequate appropriations; to repeal conflicting laws; and for other purposes. 1334 JOURNAL OF THE HOUSE, 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 state health planning and development, is amended by striking paragraphs (9) and (10) of subsection (b) of Code Section 31-6-21, relating to the creation and functions of the Health Planning Agency, and inserting in lieu thereof new paragraphs (9), (10), and (11) to read as follows: "(9) To grant, deny, or revoke a certificate of need as applied for or as amended; and (10) To perform powers and functions delegated by the Governor, which delegation may include the powers to carry out the duties and powers which have been delegated to the planning agency under Section 1122 of the Social Security Act of 1935, as amended? and (11) To establish and conduct a state-wide health care data clearing-house to collect, verify, compile, analyze, and disseminate data collected pursuant to Article 5 of this chapter." Section 2. Said chapter is further amended by adding at the end thereof a new arti cle, to be designated Article 5, to read as follows: "ARTICLE 5 31-6-90. As a result of rising health care costs and the concern expressed by health care providers, health care users, third-party payers, and the general public, there is an urgent need to abate these rising costs so as to place the cost of health care within reach of all Georgians without affecting the quality of health care. It is the intent and purpose of this article to maintain an acceptable quality of health care services in Georgia and yet at the same time improve the cost efficiency and effectiveness of health care services. To foster the cooperation of the separate industry forces, there is a need to compile and disseminate accurate and current data, including but not limited to price and utilization data, to meet the needs of the people of Georgia and improve the appro priate usage of health care services. It is the intent of the General Assembly to require the information necessary for a review and comparison of costs and charges, utilization, accessibility, and outcome of health services. The information is to be compiled by the health care data clearing-house and made available to interested persons to improve the decision-making processes regarding the purchase price, use, and outcome of appropriate health care services. The health care data clearing-house shall take any necessary steps to ensure that patient confidentiality shall be protected. 31-6-91. For purposes of this article, the term: (1) 'Advisory committee' means the Health Care Advisory Committee established under Code Section 31-6-93. (2) 'Clearing-house' means the health care data clearing-house established under Code Section 31-6-92. (3) 'Health care provider' means hospitals, kidney disease treatment centers, ambulatory surgical or obstetrical facilities, health maintenance organizations, physi cians and osteopaths, emergency care clinics, and all persons or organizations offering diagnostic-treatment health services. (4) 'Third-party payer' means any entity which provides health care insurance or a health care service plan, including but not limited to providers of major medical or comprehensive accident or health insurance, whether or not through a self-insurance plan, Medicaid, hospital service nonprofit corporation plans, or nonprofit health care plans or nonprofit medical service corporation plans, but does not mean a specified disease or supplemental hospital indemnity payer. 31-6-92. There is established within the Health Planning Agency a health care data clearing-house. The planning agency may contract with appropriate departments, agen cies, business entities, or persons to perform the health care data clearing-house func tions. 31-6-93. (a) There is established the Health Care Data Advisory Committee to operate as an advisory committee of the Health Planning Agency for purposes of this article. The advisory committee shall advise and provide any necessary assistance to the THURSDAY, FEBRUARY 20, 1986 1335 planning agency in the establishment and operation of a state-wide health care data clearing-house to collect, verify, compile, analyze, and disseminate data collected pur suant to this article from health care providers, the state Medicaid program, third-party payers, the Commissioner of Insurance, and the commissioner of human resources. (b) The advisory committee shall consist of eleven members. The chairman of the Health Policy Council shall appoint one member of the council as a member of the advi sory committee who shall be the chairman of the advisory committee. The Governor shall appoint the remaining members as follows: (1) One member who shall represent business purchasers of health care; (2) One member who shall represent labor interests; (3) One member who shall represent the elderly population of the state; (4) One member who shall represent consumer interests generally; (5) One member who shall represent state government; (6) One member who shall represent third-party payers; (7) One member who shall represent nonprofit health care providers; (8) One member who shall represent health care providers other than nonprofit health care providers; (9) One member who shall demonstrate expertise in the area of computers and who may also be within any other category enumerated in this subsection; and (10) One member who shall demonstrate expertise in the area of health care financ ing who may also be within any other category enumerated in this subsection. (c) The person initially appointed as chairman of the advisory committee shall serve for a term of two years. One-half of the members initially appointed by the Governor shall serve for terms of two years and the remaining members initially appointed by the Governor shall serve for terms of one year, as such terms are designated by the Gover nor. After such initial appointments, all members of the advisory council shall be appointed for terms of two years and until their successors are appointed and qualified. No member shall be appointed for more than two consecutive two-year terms. A member may be removed from the advisory committee by a majority vote of the membership of the advisory committee for missing three consecutive meetings. The authority which appoints any member whose office subsequently becomes vacant shall, within three months after the vacancy occurs, appoint a successor to serve out the unexpired term of office. (d) A majority of the members of the advisory committee shall constitute a quorum. The advisory committee shall hold regular meetings at least once during each calendar quarter. Additional called meetings may be held upon agreement of the advisory committee chairman and the executive director of the Health Planning Agency. Action of the advisory committee shall not be taken unless a quorum is present and except upon the affirmative vote of a majority of the members of the advisory committee present at such meeting. Members of the advisory committee shall receive an expense allowance and reimbursement for actual travel costs in the same manner as provided for in Code Section 45-7-21. 31-6-94. The advisory committee shall present a progress report of its activities at each meeting of the council. The advisory committee shall be authorized to perform its functions under this article upon its own authority; except that any decision which involves major policy issues shall require prior approval of the Health Policy Council. 31-6-95. (a) The Insurance Department, the Department of Human Resources, and the Department of Medical Assistance shall, upon request of the clearing-house, obtain for and make available to the clearing-house such data as it requires to carry out its duties under this article. This data may include, but not be limited to, third-party payer information, licensure information, state operated facilities and programs information, or other information pertinent to the area of responsibility of that state department. (b) The Commissioner of Insurance and the executive director of the Health Plan ning Agency shall encourage and assist third-party payers and hospitals to implement voluntarily the use of a uniform hospital billing form. A uniform billing form may not be required by the Health Planning Agency or clearing-house. (c) The Commissioner of Insurance shall require that all third-party payers provide to the clearing-house health care provider data regarding inpatient and outpatient 1336 JOURNAL OF THE HOUSE, claims. Such data may also include the data specified as reportable to the clearing-house under subsection (d) of this Code section. (d) The clearing-house shall be authorized to request, collect, and receive data from health care providers, the state Medicaid program, third-party payers, the Commissioner of Insurance, the commissioner of human resources, and other appropriate sources as determined by the clearing-house. Such data shall be reported in a standard format established by the clearing-house and may include the patient's age, sex, race, ZIP code, county, payer's sources, date of admission, procedure and discharge date, principal and other diagnoses, principal and other procedures, total charges and components of those charges, uniform physician identification number, uniform hospital identification number, attending physician identification number, data indicating disposition and out come, such as mortality rates, provider-specific case mix, organized programs utilized, specific financial data, data by payer category, and any other data provided for in this Code section. (e) The clearing-house may limit the data collection to a sample when, in the judg ment of the clearing-house, such sample is deemed to be a valid representation of the entire data otherwise required to be collected. 31-6-96. The clearing-house shall: (1) Compile and disseminate comparative information on charges, total and ancil lary charge components, and length of stay on diagnosis-specific and procedurespecific cases, as well as disposition, outcome, and utilization data, on a health care provider basis from the data provided for in Code Section 31-6-95. Data collected by the planning agency shall not be duplicated and any data collected by the planning agency may be included in clearing-house reports as deemed appropriate to offer full information to the public. Prior to the release or dissemination of the reports, the clearing-house shall permit the reporting entity a 30 day opportunity to verify the accuracy of any information pertaining to their data. The reporting entity may submit to the clearing-house any corrections of errors in the compilations of the data with any supporting evidence and comments. The clearing-house shall correct for the report such data which, in its judgment, is found to be in error; (2) Provide that if the data required by the clearing-house or the members of the planning agency is available from the reporting entity by acceptable formatted com puter readable means, such method for reporting is preferred; (3) Establish a system which creates the use of a common identification number, common digit codes, and common format with uniform data elements for any and all reporting entities; and (4) Request that the commissioner of medical assistance make available to the advisory committee data and information on the Medicaid program similar to that required of other third-party payers. 31-6-97. The clearing-house may require third-party payers to provide to the clearing-house health care policyholder or subscriber data by geographic area or other demographic category as well as to provide in a standard format such information as inpatient benefits, outpatient benefits, a proportion and amount of copayment, out-ofpocket maximums, exclusions for existing conditions, and schedules of rates with such factors as age and sex reflected. 31-6-98. The executive director of the planning agency may require each health care provider to make available to its patients and to the clearing-house a listing of that provider's established charges for specified services and may further require each such provider to post in a public area utilized by such patients, such as a waiting or reception room, a notice of those patients' right to request and have made available such listing. 31-6-99. The clearing-house is authorized to require that any additional or alterna tive information related to the intent and purpose of this article as outlined in Code Section 31-6-90 be submitted to the clearing-house. 31-6-100. The reporting of any data required by this article by specified types of health care providers shall include health care providers operated by state, county, municipal, public, or private entities, or any combination thereof. 31-6-101. (a) The Commissioner of Insurance, the commissioner of human resources, and the Secretary of State shall be authorized to promulgate such rules and THURSDAY, FEBRUARY 20, 1986 1337 regulations as are necessary to effectuate and carry out their authority and duties under this article. (b) The planning agency shall be authorized to promulgate such rules and regula tions as are necessary to effectuate and carry out its authority and duties under this article in the same manner as provided for in Code Section 31-6-21.1. 31-6-102. (a) The clearing-house shall be authorized to disclose nonpatient-specific data required under this article. The clearing-house shall develop guidelines for the responsible compilation, analysis, and dissemination of such data with clarifying inter pretations. Compilation and dissemination of such data shall be encouraged to facilitate appropriate planning and choices on the part of consumers, providers, and payers. (b) Pursuant to subsection (b) of Code Section 31-6-101, the planning agency shall promulgate such rules and regulations as may be necessary to alleviate any unnecessary data collection, to avoid any unnecessary burden on data providers, and to avoid dupli cation of data required on periodic planning agency survey forms, required reporting forms, or any other readily available source. 31-6-103. The clearing-house data base established pursuant to this article shall be updated no less frequently than on a semiannual basis. Public reports from that data, including a consumer guide, shall be published no less frequently than annually. 31-6-104. The costs associated with implementing the data collection system pro vided for in this article shall be paid through the planning agency budget. The planning agency is authorized to charge fees for reports, data, and information related to the data system. The planning agency shall implement a fee scale for such information that will result in fee collections not to exceed the costs of the clearing-house. 31-6-105. The clearing-house shall prepare an annual report, to be submitted as an identified section of the annual report of the planning agency required under Code Section 31-6-46, for each year on and after the year this article becomes effective. 31-6-106. Upon receipt of written notice from the planning agency to a health care provider of its failure to comply with this article, such provider shall have a period of two weeks within which to respond and correct any reporting deficiency or the planning agency shall notify the appropriate licensing authority of the health care provider's fail ure to provide the data as required under this article, which failure may be grounds for disciplinary action on the part of the licensing agency of such health care provider. 31-6-107. (a) Notwithstanding any provision of law to the contrary, it shall not be unlawful to provide the information requested or required under this article or any other actions pursuant to this article as follows: (1) From health care providers, third-party payers, and other persons to the clearing-house; (2) From the Commissioner of Insurance, the Secretary of State, the commissioner of human resources, or the commissioner of medical assistance to the clearing-house; or (3) From the clearing-house, the advisory committee, the planning agency, the council, or their designees to interested persons. (b) Information provided pursuant to this article or information released by the clearing-house or any subcontracting party acting as an agent of the clearing-house shall not identify a patient by name or specific address. Any person, firm, corporation, associ ation, or other entity who violates this subsection shall be guilty of a misdemeanor. (c) The clearing-house shall determine the form in which information will be made available and to whom, when, and under what circumstances the information will be made available. (d) A person shall not be civilly liable as a result of the person's acts, omissions, or decisions as a member of the advisory committee, the council, or as an employee or agent in connection with the person's duties for the clearing-house and the planning agency. 31-6-108. (a) Unless otherwise provided in this article, the data collected by and furnished to the clearing-house pursuant to this Code section shall not be public records under Article 4 of Chapter 18 of Title 50 or any other law governing the maintenance, inspection, or dissemination of data collected by the state. The reports prepared for 1338 JOURNAL OF THE HOUSE, release or dissemination from the data collected shall be public records under Article 4 of Chapter 18 of Title 50. The confidentiality of patients shall be protected and no provision of this article shall affect any provision of law relating to patient confidenti ality. (b) No cause of action shall arise against a person for disclosing information in accordance with this article; provided, however, that this Code section shall not provide immunity for disclosing or furnishing false information with malice or willful intent to injure any person." Section 3. This Act shall become effective upon adequate appropriations being made by the Georgia General Assembly to fund this Act. Section 4. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Clark of the 55th moves to amend the Committee Substitute to HB 1285 by adding on line 28 of page 1 after the following: "licensees;", the following: "to provide for fines;". By striking lines 19 through 28 of page 11 and inserting in their place the following: "31-6-106. Any hospital, kidney disease treatment center, ambulatory surgical or obstetrical facility, health maintenance organization, third-party payer, or emergency care clinic which refuses to file, fails to file timely, or files false or incomplete reports or other information required to be filed under the provisions of this article or which violates any other provision of this article or rule adopted under this article shall be punished by a fine not exceeding $1,000.00 a day for each day in violation, to be fixed, imposed, and collected by the planning agency. Each day in violation shall be considered a separate offense. Violation of any provision of this article or of a rule adopted under this article, or knowing and willful falsification of a report required under this article, shall be grounds for the imposition of an administrative fine not to exceed $20,000.00, to be fixed, imposed, and collected by the planning agency." On the adoption of the amendment, the roll call was ordered and the vote was as fol lows: Y Aaron Adams,G N Adams.M Aiken YAlford Y Alien N Anderson N Argo N Athon N Atkins N Auten Y Bailey N Balkcom Y Bannister N Bargeron N Barnett,B Y Barnett.M Y Beck NBenefield Benn Birdsong Bishop Bolster N Bostick N Branch Bray Y Brooks Y Brown.G N Buck Burruss N Byrd N Carter N Chambless Chance Y Cheeks N Childers Childs Y Clark,B Clark,L N Colbert Coleman Colwell Connell N Cooper Copelan N Couch N Cox N Crawford Crosby N Cummings Daugherty Y Davis Y Dean N Dixon N Dobbs Y Dover N Dunn N Edwards Y Felton N Floyd N Foster N Galer N Godbee Y Goodwin Greene Greer N Groover N Hamilton Hanner Y Harris N Hasty N Hays N Heard N Hill N Holcomb Y Holmes N Hooks N Home N Hudson N Isakson N Jackaon.J Jackson.N N Jamieson Y Johnaon,D N Johnson.F Y Johnson,R N Johnson,S Kilgore N Kingston N Lane,D N Lane,R N Lawler Y Lawrence N Lawson Lee.C N Lee.W Y Linder N Logan N Long N Lord Y Lucas Lupton Maddox N Mangum N Martin.C Y Martin,J N Matthews N McDonald N McKelvey Y McKinney THURSDAY, FEBRUARY 20, 1986 N Milam N Milford N Moody N Moore Y Morton N Mostiler N Moultrie Y Mueller N Oliver.C NSnow N Padgett N Panned N Parham N Parrish Patten N Peters Pettit Phillips Pinkston N Porter N Rainey N Ramsey.T Y Ramsey.V Randall N Ransom NRay N Reaves Y Redding N Richardson N Robinson.C N Robinson.P NRoss N Royal Russell N Selman Y Shepard N Sherrod Y Sinkfield Y Sizemore Y Smith,L N Smith,P Smith,T YSmyre Y Stancil Y Steinberg N Thomas.C Y Thomas.M N Thompson Townsend Triplett Twiggs Waddle N Waldrep Y Walker.C N Walker,L YWall On the adoption of the amendment, the ayes were 41, nays 95. The amendment was lost. The Committee substitute was adopted. 1339 N Ware Watson Watts White N Wilder Y Williams,B Williams,J Y Williams.R Wilson N Wood Workman N Yeargin Young Murphy.Spkr The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adaras.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 Benn Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Childs Y Clark.B Clark,L Y Colbert Coleman Y Colwell Connell Y Cooper Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis YDean Y Diion YDobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y God bee Y Goodwin Greene Greer Groover Y Hamilton Manner Y Harris 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,? Y Johnson,R Y Johnson.S Y Kilgore Y Kingston YLane,D YLane,R Y Lawler Y Lawrence Y Lawson YLee,C YLee.W Y Under YLogan YLong YLord Y Lucas Y Lupton Maddoi 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 YSnow Y Padgett Y Pannell Y Parham Y Parrish 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,? YRoss 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 Y Thomas.C Y Thomas.M Y Thompson Y Townsend Triplett Y Twiggs Waddle Y Waldrep Y Walker.C Y Walker.L YWall Y Ware Watson Y Watts White Wilder Y Williams.B 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 147, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. By unanimous consent, HB 1285, by substitute, was ordered immediately transmitted to the Senate. 1340 JOURNAL OF THE HOUSE, SB 494. By Senator Tysinger of the 41st: 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 include income from leases of real property as part of transit operating revenue. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams.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 Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Clark.L Y Colbert Coleman Y Colwell Connell Y Cooper Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis YDean Y Dixon Y Dobbs Y Dover Y Dunn Edwards Y Felton Y Floyd Foster Y Galer Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Manner Y Harris 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 Y Lane.D Y Lane.R Y Lawler Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan YLong YLord Y Lucas Y Lupton Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews McDonald Y McKelvey Y McKinney Y Milam Y Milford Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C YSnow Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Y 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 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 Y Townsend Y Triplett Y Twiggs Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Y Ware Watson Watts White Wilder Y Williams.B Williams,J Y Williams.R Wilson Y Wood Workman Y Yeargin 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. HB 1592. By Representative Johnson of the 72nd: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide certain limitations on the use of military service as creditable service under public retirement or pension systems; to change the provisions relating to prior service credit under the Employees' Retirement System of Georgia for certain military service. The following Committee substitute was read and adopted: A BILL To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide certain limitations on the use of military service as creditable service THURSDAY, FEBRUARY 20, 1986 1341 under public retirement or pension systems; to provide for definitions; to change the provi sions relating to prior service credit under the Employees' Retirement System of Georgia for certain military service; to provide that the Code section relating to membership in the Employees' Retirement System of Georgia which begins on or after July 1, 1982, may not be repealed, superseded, or modified by implication; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other pur poses. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement, is amended by adding at the end of Article 1 of Chapter 1, relating to general provisions applicable to retirement, a new Code Section 47-1-11 to read as follows: "47-1-11. (a) As used in this Code section, the term: (1) 'Creditable service' means any period of time which may be used as a factor in the computation of any benefit under a public retirement system. (2) 'Military service' means service in the armed forces of the United States or in a reserve component of the armed forces of the United States, including the National Guard. (3) '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 of the state or of any authority or other agency of any such political sub division. (4) '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. (5) 'Source of authority' means the law, resolution, or ordinance which creates or provides for a public retirement system. (b) Only military service for which a person was discharged or separated under honorable conditions shall be eligible to be counted as military service for the purpose of obtaining creditable service under any public retirement system, whether presently existing or hereafter created, when the source of authority for such public retirement system authorizes military service to be used as a basis to obtain creditable service under such public retirement system. (c) The provisions of this Code section are a limitation on the use of military service as creditable service under any public retirement system and shall not be construed to create a right to obtain creditable service for military service under any public retire ment system when such right does not exist independently of this Code section." Section 2. Said title is further amended by striking subsection (g) of Code Section 47-2-96, relating to certain prior service credits under the Employees' Retirement System of Georgia, in its entirety and substituting in lieu thereof a new subsection (g) to read as follows: "(g) Anything in this chapter to the contrary notwithstanding, any member who was on active duty in the armed forces of the United States at any time from January 1, 1954, until December Si-, 1066 August 5j 1964, as determined by the person's official military records, may purchase such active duty military service credit, exclusive of reserve service, by paying the required employee contributions on the compensation last paid to the member as an employee prior to entering military service or the compen sation first paid to the member as an employee after returning from military service plus 15 percent interest on said employee contributions, compounded annually to date of payment; . provided, however, that e No service in the armed forces shall be deemed as creditable under any the provisions of this subsection if such service has or will be used in the determination of any member's eligibility for retirement benefits or allow ances from any other state or federal retirement program, excluding social security and those retirement programs covered under the provisions of Title 10 of the United States 1342 JOURNAL OF THE HOUSE, Code, Public Law 810, 80th Congress, as amended. To be eligible to receive credit for military service under this subsection, the individual shall purchase such credit prior to January 1, 1084 1988. Under no circumstances shall credit for military service obtained pursuant to the authority of this subsection be used to qualify for retirement as a result of involuntary separation." Section 3. Said title is further amended by adding at the end of Code Section 47-2-334, relating to membership in the Employees' Retirement System of Georgia which begins on or after July 1, 1982, a new subsection (i) to read as follows: "(i) The provisions of this Code section shall control over conflicting or inconsistent provisions of this chapter or any other law of this state. It is the intention of the Gen eral Assembly that this Code section has not been and may not be repealed, superseded, or modified by implication through the enactment of any other law or through the amendment of any other provision of this chapter or any other existing law, and any modification or repeal of any provision of this Code section may be accomplished only by reference or amendment to or repeal of this specific Code section." Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams.M Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Benefield Benn Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Clark,L Y Colbert Coleman Y Colwell Connell Y Cooper Copelan Y Couch YCox Y Crawford Y Crosby Y Curamings Daugherty Y Davis YDean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Foster Y Galer Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Y Manner Y Harris 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 Y Lane,D Y Lane.R Y Lawler Y Lawrence Y Lawson Lee.C Y Lee.W Y Under Y Logan YLong YLord Y Lucas Y Lupton Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey McKinney Y Milara Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C YSnow Y Padgett Y Pannell Y Parham Y Parrish 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 Ross Y Royal Y Russell Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y 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 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 140, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. THURSDAY, FEBRUARY 20, 1986 1343 By unanimous consent, HB 1592, by substitute, was ordered immediately transmitted to the Senate. HB 1589. By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of court of the superior courts, so as to change the terms of court for the superior courts of the Appalachian Judicial Circuit. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams.M Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Bailey Y Balkcom Y Bannister Bargeron Y Barnett,B Y Barnett.M YBeck Benefield Benn Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Clark.L Y Colbert Y 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 Felton Y Floyd Foster Galer Godbee Y Goodwin Y Greene Greer Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home 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 Y Lucas Y Lupton Maddox Y Mangum Y Martin.C Y Martin.J Y Matthews Y McDonald Y McKelvey McKinney Milam Y Milford Y Moody Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C YSnow Y Padgett Y Pannell Y Parham Parrish Patten Y Peters Pettit Phillips Pinkston Y Porter Y Rainey Y Ramsey/T Y Ramsey.V Randall Y Ransom YRay Y Reaves 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 Y Smyre Y Stancil 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 Wilder Y Williams.B Williams.J Y Williams.R Wilson Wood Workman Y Yeargin 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. HR 716. By Representatives Childers of the 15th, Chambless of the 133rd, Walker of the 115th, Benefield of the 72nd and Hooks of the 116th: A resolution requesting the Governor to create the Task Force on Funding of Indigent Health Care Programs. The following amendment was read and adopted: The Committee on Rules moves to amend House Resolution 716 by adding: On page 2, add after line 15 item (6) as follows: 1344 JOURNAL OF THE HOUSE, (6) a knowledgeable representative of organizations working to improve health care for the medically indigent appointed by the Speaker of the House The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams.M Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Atkins Y Auten 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 YBray Y Brooks Brown.G Buck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Childs Y Clark.B Clark.L Y Colbert Y Coleman Y Colwell Connell Y Cooper Copelan Y Couch YCox Y Crawford Crosby Y Cutnmings Daugherty Davis Dean Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Foster Galer Godbee Y Goodwin Y Greene Greer Y Groover Hamilton Y Manner Y Harris 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 Lee.C YLee.W Y Under YLogan YLong 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 Mostiler Y Moultrie Y Mueller Y Oliver.C YSnow Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Pettit Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Hansom YRay Reaves Y Redding Y Richardson Y Robinson,C Y Robinson.P YRoss Y Royal Y Russell Y Selman 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 Y Townsend Triplett Y Twiggs Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts White Y Wilder Y Williams.B Williams,J Y Williams,R Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr On the adoption of the Resolution, as amended, the ayes were 136, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. 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 1340. By Representatives Sinkfield of the 37th and Martin of the 26th: A bill to amend Chapter 10 of Title 36 of the Official Code of Georgia Anno tated, relating to public works contracts, so as to authorize county authorities to reject any or all bids; to provide that in counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, public works contracts shall be let to the lowest responsible bidder and that any or all bids may be rejected. The following Committee substitute was read and adopted: THURSDAY, FEBRUARY 20, 1986 1345 A BILL To amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to public works contracts, so as to provide that in any county of this state having a popu lation of 550,000 or more according to the United States decennial census of 1980 or any future such census, public works contracts shall be let to the lowest responsible bidder and that any or all bids may be rejected; to provide for factors that may be considered in such counties in determining whether a bidder is responsible; to provide for other matters rela tive to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to public works contracts, is amended by adding immediately following Code Section 36-10-2 a new Code Section 36-10-2.1 to read as follows: "36-10-2.1. In any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, con tracts for building or repairing any courthouse or other public building, jail, bridge, causeway, or other public works or public property shall be let to the lowest responsible bidder, but the governing authority of any such county shall have the right to reject any or all bids for any such contract. The governing authority of any such county, in consid ering whether a bidder is responsible, may consider the bidder's quality of work, general reputation in the community, financial responsibility, previous employment on public works, and compliance with a minority business enterprise participation plan or making a good faith effort to comply with the goals of such a plan." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Aaron Adams,G YAdams,M Aiken NAlford Y Alien NAnderson YArgo YAthon Atkins YAuten Y Bailey Balkcom N Bannister YBargeron YBarnett,B YBarnett,M YBeck YBenefield YBenn Birdsong Bishop Y Bolster YBostick Y Branch YBray Y Brooks YBrown.G Y Buck Y Burruss Y Byrd Y Carter NChambless Y Chance Y Cheeks NChilders Childs YClark.B Clark,L Y Colbert Y Coleman N Colwell Connell Y Cooper Copelan Y Couch Cox N Crawford Crosby NCummings Daugherty NDavis Y Dean Dixon NDobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Foster Galer Godbee Y Goodwin YGreene Greer Y Groover Hamilton Y Banner Y Harris N Hasty Y Hays Heard N Hill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Isakson N Jackson,J Y Jackson.N Y Jamieson Y Johnson.D N Johnson.F Y Johnson.R Johnson,S Kilgore Y Kingston Y Lane.D N Lane.R Y Lawler N Lawrence N Lawson Lee.C Y LeeAV Y Lmder Y Logan Y Long Y Lord Y Lucas Y Lupton Maddox Y Mangum ^artm.C Y Mart,n,J ^thews Y McDonald N McKelvey Y McKmney N M lam Y Milford V Moody Y Moore M"??" Morti.ler M,TM, Mueller v S! ' Y Snow Y P-dgett Y ParnieU YParham N pt,TM Patten p v^ZSvT Y Ramsey.T S3 Randall Y Ransom Y Ray Reaves V R' (T I Y Ridhardson Y Robmson.C 1346 JOURNAL OF THE HOUSE, Y Robinson.P Y Ross N Royal N Russell Selman Y Shepard N Sherrod Y Sinkfield Y Sizemore Y Smith.L N Smith,P Y Smith.T Y Smyre Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Thompson Y Townsend Triplett Twiggs Waddle Waldrep Y Walker.C Y Walker.L Y Wall Ware Y Watson Watts White Y Wilder William8,B Williams,J N Williams.R Wilson N Wood Y Workman Y Yeargin Young Murphy,Spkr On the passage of the Bill, by substitute, the ayes were 102, nays 28. The Bill, having received the requisite constitutional majority, was passed, by substi tute. Representative Mueller of the 126th stated that she had been called from the floor of the House during the preceding roll call. She wished to vote "aye" thereon. Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 1438. By Representatives Watson of the 114th, Hooks of the 116th and Byrd of the 153rd: A bill to amend Chapter 17 of Title 43 of the Official Code of Georgia Anno tated, relating to professional fund raisers and professional solicitors, so as to change the amount of the registration fee required of a charitable orga nization; to change the provisions relating to reports required of charitable organizations and professional fund raisers; to require the payment of certain fees in connection with reports. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 121, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 376. By Senators Barnes of the 33rd, Garner of the 30th, Baldwin of the 29th and others: A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for the posting of signs warning that consumption of alcohol during pregnancy is dangerous; to provide for rules and regulations. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Adams,G YAdams,M Aiken YAlford Y Alien YAnderson YArgo YAthon Y Atkins Auten Y Bailey Y Balkcom Y Bannister YBargeron YBarnett,B Y Barnett,M Y Beck Benefield YBenn YBirdsong Bishop Bolster Y Bostick Y Branch Y Bray Y Brooks Brown.G Y Buck Y Burruss Y Byrd Y Carter Chambless ^hance Y Cheeks Y ChiWers ChJds Y Clark,B Clark,L Y Colbert Coleman Y Colwell Connell Y Cooper v Y Couch Y Cox Y Crawford Crosby Y Cummmgs Daugherty Y Davis Y Dean Uon Y Dobbs THURSDAY, FEBRUARY 20, 1986 1347 Y Dover Y Dunn Y Edwards Felton Y Floyd Foster Galer God bee Y Goodwin Greene Greer Y Groover Y Hamilton Y Manner Y Harris 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 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 YLee.W Y Linder YLogan YLong YLord Y Lucas Y Lupton Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morion Mostiler Y Moultrie Y Mueller Y Oliver.C YSnow Y Padgett Y Pannell YParham Y Parrish Patten Y Peters Pettit Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey,V Randall Y Ransom YRay Reaves Y Redding Y Richardson Y Robinson.C Robinson.P YRoss Y Royal Y Russell Y Selman Shepard Y Sherrod Sinkfield Y Sizemore Y Smith,L Smith,P Y Smith.T YSmyre Y Stancil Y Steinberg Thomas.C Thomas.M Y Thompson Townaend Triplett YTwiggs Waddle Y Waldrep Walker.C Y Walker.L Y Wall Y Ware Y Watson Watts White Y Wilder Y Williams,B WiIliams,J Y Williams.R Wilson YWood Y Workman Y Yeargin Young Murphy,Spkr On the passage of the Bill, the ayes were 129, nays 0. The Bill, having received the requisite constitutional majority, was passed. The Speaker assumed the Chair. HB 1643. By Representative Adams of the 79th: A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that a grandparent shall have the right to file an original pleading requesting visitation rights when custody of a minor child has been granted under any action, except an adoption where legal relationships between the adopted child and the adopted child's rela tives have been terminated. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Aaron Adams.G Y Adams,M Aiken Y Alford Y Alien Y Anderson Argo Y Athon Y Atkins Y Auten Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Benefield YBenn Y Birdsong Bishop Y Bolster Y Bostick Branch YBray Y Brooks Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Childs Y Clark,B Clark.L Colbert Y Coleman Y Colwell Y Connell Y Cooper Copelan Y Couch Co* Y Crawford Crosby Y Cummings Daugherty Y Davis Dean Dixon YDobbs Y Dover Y Dunn Y Edwards Y Felton Floyd Y Foster Galer God bee Y Goodwin Y Greene Greer Y Groover Y Hamilton Y Manner Y Harris 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 Johnson,R Johnson t S Y Kilgore Y Kingston Y Lane.D YLane,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 Y Matthews McDonald Y McKelvey McKinney Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Snow 1348 YPadgett YPannell Y^h Patten , Y Porter JOURNAL OF THE HOUSE, YRamsey.V Randall YRT m . Reaves :5 Y Ross Y Sehnan Shepard YlSd T fi Y Sizemore IS; Y Stanc.l Thomas.M Y Thompson ?"" '?rc Y Twiggs ;~S Y Wall Y Watte White "J ls,B " Wi hams.J =' On the passage of the Bill, the ayes were 132, nays 0. The Bill, having received the requisite constitutional majority, was passed. Pursuant to HR 765, adopted by the House and Senate, the Speaker announced the House adjourned until 10:00 o'clock, Monday, February 24, 1986.